HomeMy WebLinkAbout2016-05-16 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION
Monday, May 16, 2016
7:00 p.m.
Council Chambers -Maplewood City Hall
1830 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval ofMinutes:April 18, 2016
5.New Business –Public Hearing
a.NPDES Phase II and MS4 Permit, 2015SWPPP Annual Report
6.Unfinished Business
a.Urban Agriculture -Zoning Review
7.Visitor Presentations
8.Commission Presentations
a.Education Subcommittee Report
9.Staff Presentations
a.Waterfest (Saturday, June 4, 2016, 11 a.m. to 4 p.m.)
b.Tour of the Mulch Store in Rosemont (Organic Recycling Facility)
c.Nature Center Programs
10.Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday, April 18, 2016
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:02
p.m. by Chair Miller.
2. ROLL CALL
Keith Buttleman, Commissioner Present
Mary Henderson, Commissioner Absent
Mollie Miller, Chair Present
Ann Palzer, Commissioner Present
Ryan Ries, Commissioner Present
Tom Sinn, Vice Chair Absent
Ginny Yingling, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
3. APPROVAL OF AGENDA
Commissioner Ries moved to approve the agenda as submitted.
Seconded by Commissioner Yingling. Ayes All
The motion passed.
4. APPROVAL OF MINUTES
Commissioner Palzer moved to approve the March 21, 2016, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by Commissioner Yingling. Ayes All
The motion passed.
5. NEW BUSINESS
None.
6. UNFINISHED BUSINESS
a. Implementation of Goals
i. Environmental Planner, Shann Finwall gave a briefing on the implementation of the
ENR goals.
April 18, 2016
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Environmental and Natural Resources Commission Meeting Minutes
The ENR Commission has set three goals for 2016 which include Urban Agriculture,
Environmental Education, and Energize Maplewood! Energy Action Plan. In addition, the
preparation of the expiration of both contracts in 2017.
Commissioner Ries moved to approve forming an Environmental Education
Subcommittee with Commissioners Buttleman and Miller and one additional
Commissioner on the subcommittee; and a Solid Waste Subcommittee subcommittee with
Commissioners Yingling and Palzer and one additional Commissioner on the
subcommittee. .
Seconded by Commissioner Buttleman. Ayes All
The motion passed.
b. Urban Agriculture Zoning Review
i. Environmental Planner, Shann Finwall gave the report on Urban Agriculture - Zoning
Review.
The Commission discussed the zoning review and determined they would separate the
review into four areas including:
a. Production of food: Community gardens, farms, etc.
b. Commercial: Selling of produce, etc.
c. Livestock: Keeping of chickens, bees, etc.
d. City programming
No action was taken and the zoning review will continue in May.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a. Mississippi River Corridor Critical Area Rulemaking Update
b. Maplewood Spring Clean Up (Saturday, April 23, 8 am to 1 pm)
c. All Parks Clean Up (Saturday, April 23)
d. Fix It Clinic (Saturday, April 23, 10 a.m. to 2 p.m.)
e. WaterFest (Saturday, June 4, 11 am to 4 pm)
f. Maplewood Nature Center Programs
10. ADJOURNMENT
Chair Miller adjourned the meeting at 8 p.m.
April 18, 2016
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Environmental and Natural Resources Commission Meeting Minutes
Agenda Item 5.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Steven Love, Assistant City Engineer
Shann Finwall, Environmental Planner
DATE:May 9, 2016
SUBJECT:NPDES Phase II and MS4 Permit, 2015SWPPP Annual Report
Introduction
As partof Maplewood’s National Pollutant Discharge Elimination System (NPDES) permit, the City of
Maplewood is required to prepare an annual report detailing the progress made in the previous year toward
satisfying the requirements of thispermit. The process includessoliciting public commentonthe City’s
2015Storm Water Pollution Prevention Plan (SWPPP)annual report. The Environmental and Natural
Resources (ENR) Commission will hold a public hearing to allow for public comments on the City’s 2015
SWPPPannual report.
Background
A 1987 amendment to the federal Clean Water Act required implementation of a two-phase comprehensive
national program to address pollution from stormwater runoff. This program was named the National
Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with
populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of
10,000 or more. Maplewood is among a group of approximately 220 entitiesin Minnesota listed as a
Municipal Separate Storm Sewer System (MS4) under theNPDES Phase IIpermit.
The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit.
The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota.
In turn, the MPCA regulates cities and other public entities through its MS4permit. The City of Maplewood
was issued coverageunder the MS4 permiton March17, 2014.
TheMS4permit application requires the city to develop a SWPPP. The MPCA has established six
minimum control measures (MCM) the SWPPP must address. They are:
MCM 1 - Public Education and Outreach
MCM 2 - Public Participation and Involvement
MCM 3 - Illicit Discharge, Detection and Elimination
MCM 4 - Construction Site Storm Water Runoff Control
MCM 5 - Post-Construction Storm Water Management
MCM 6 - Pollution Prevention and Good Housekeeping
Maplewood’s SWPPP defines the Best Management Practices (BMPs) the city intends to use to minimize
pollution from stormwater runoff for each of the six minimum control measures.
Discussion
The City’s SWPPP isavailable for public viewing at the Public Works Department front counter and is also
posted on the City’s websiteat www.maplewoodmn.gov/stormwater.An advertisement for the public
hearing and the plan viewing was posted on May 4 and May 11, 2016prior to the public comment period.
Staff has prepared a draft of the City’s annual report, will make a short presentation on the SWPPP, and
will report on progress madetoward meeting the MS4 permit goals in 2015.Following the presentation,
ENRCommissionwill formally open the meeting floor to public comment.
When all comments have been received, staff will address those comments, incorporate the commentsinto
the report,and then finalize the report for submittal to the MPCA. No comments hadbeen submitted to the
Public Works Department at the time this report was written.
Recommendation
Staff recommends the Environmental and Natural ResourcesCommission provide open the meeting floor
to public comment on the City’s2015SWPPP annual reportand offer comment and feedback on the
report.City staff will compile and address public and ENR Commission comments and incorporate them in
the final 2015SWPPP report submittal to the MPCA.
Links
1.Full Maplewood SWPPP can be viewed atwww.maplewoodmn.gov/stormwater
Agenda 6.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Shann Finwall, AICP, Environmental Planner
DATE: May 12, 2016, for the May 16ENR Commission Meeting
SUBJECT:Urban Agriculture – Zoning Review
Introduction
The Environmental andNatural Resources (ENR) Commission’s 2016 goal is to review the
City’s ordinances and make recommendations that will remove barriers and promote urban
agriculture uses. There are four aspects of the Commission’s review including:
Animal agriculture (keeping of chickens, etc.)
Crop agriculture (community gardens, etc.)
Direct to consumer sales (farm stands, etc.)
City Programming (composting classes, etc.)
During the May meeting the ENR Commission will focus on animal agriculture. The
Commission will hear from two residents on their experience with the City’s chicken permitting
process, a resident who is interested in keeping goats on her residential property, and Chris
Swanson, Environmental Specialist, who processes, inspects, and enforces the chicken
permits.
Discussion
Animal Agriculture
Following are four main types of animal agriculture that could take place in a residential
suburban environment and land use concerns associated with those uses:
Aquaculture and aquaponics – fish farming and closed-loop systems between plants and
fish for the production and sale of fish.Running anaquaculture or aquaponics home
occupation could cause nuisances to surrounding properties. Poorly maintained
systems can cause odors or attract mosquitoes.
Keeping of bees – honeybees for honey and pollination.The primary concern about
beekeeping in urban areas is the potential for stings.
Keeping of chickens – keeping of chickens for egg production, meat, and other benefits
such as fertilization of plants and control of garden pests.Concerns about noise, odor,
rodent and pest problems, and potential for chickens to transmit diseases.
Keeping of goats – keeping of goats for dairy, wool, meat, and maintaining plant growth
by foraging.Concerns about odor, noise, and damage to property,
Other forms of animal agriculture require large lots and agricultural zoning, such as raising of
pigs. These types of uses would not be compatible in the City’s suburban environment.
Review of Existing Codes
The urban agriculture subcommittee reviewed the City’s existing zoning code to determine
where urban agriculture uses are permitted, or could be interpretedto be permitted, and where
there are barriers to the use.For animal agriculture uses the following ordinances apply:
Residential
Farm District (Sections 44-71 and 44-72): It is estimated there are 200 residential lots that
are zoned Farm District. The Farm District zoning is a remnant district from the City’s
agricultural era. As large lots were subdivided into smaller lot residential developments,
Farm zoned land had been rezoned to Single Family Residential District (R-1).Livestock
raising and handling are allowed in the Farm District with a conditional use permit. Livestock
is defined as “horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture
husbandry, or the production of edible or salable byproducts.”
Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S, R-2
(Sections 44-101,44-117,44-152,44-192,44-241):
o Permitted Uses
Single family homesand accessory uses.
Bees -Keeping of Certain Animals (Section 10-32):No person shall keep, maintain,
or harbor within the city any animal kept in such numbers or in such a way as to
constitute a likelihood of harm to the public, which constitutes a public nuisance.
Definition of animal includes “insect.” Interpretation –bees are allowed as long as
they don’t become a nuisance.
o Prohibited Uses
Raising or handling of livestock and poultry(except chickens as outlined in Article
IX).
o Home Occupations(Division 2)with a permit approved by the City Council if any of the
following circumstances would occur more than 30 days each year.
Employment of a nonresident.
Customers or customers’ vehicles on the premises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is classified
as a light commercial vehicle.
Not generate traffic in greater volumes than would normally be expected in a
residential neighborhood.
Have more than one non-resident employeeworkingon the premises.
Have vehiclesassociated with the home occupation parked on the street.
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Section 44-101includes permitted uses in residential zoning districts and specifies that
commercial plant nurseries and greenhouses on a property with a dwelling are allowed
with a home occupation license. Interpretation -aquaculture and aquaponicscould be
allowed with a home occupation.
o Uses Allowed with a Permit
Chickens(Article IX): Keeping of up to ten hens with a permit approved by City staff
is allowed in residential districts (except R-1S). Maplewood’s chicken ordinance was
adopted in 2011 (Attachment 1) and allows the keeping of up to ten hens on
residential property with a permit. A property owner applying for a permit must have
consent from 100percent of their adjacent property owners for the City to issue the
permit. The fee for a chicken permit is $75 for the first year, and $50 thereafter.
Commercial
Light Manufacturing District:
o Permitted uses in Section 44-636allows manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation –assembly or processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
Heavy Manufacturing District:
o Permitted uses in Section 44-676allow manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation –assemblyor processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
Conditional Use Permits(Article V): The City Council may issue conditional use permits for
the following uses in any zoning district where they are not specifically prohibited: “Public
and private utilities, public service, or public building uses.”Interpretation –public service or
public building uses could include animal agriculture by a public entity in some zoning
districts with a conditional use permit.
Adjacent Communities
The urban agriculture subcommittee researched six surrounding suburban residential
communities for their urban agriculture ordinances and policies. The research found that many
communities have ordinances pertaining to animalagriculture. The research is attached for
review (Attachment 2).
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Recommendation
The Environmental and Natural Resources Commission should review the report and
presentationsandoffer commentandfeedback on moving forward with theanimalagriculture
sectionoftheurbanagriculturereview.
Attachments
1.Maplewood Chicken Ordinance
2.Surrounding Community Ordinances
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Attachment 1
ORDINANCE NO. 913
An Ordinance Allowing the Keeping of Chickens in
Single Dwelling Residential Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow the keeping of
chickens in single dwelling residential districts (except for the R-1S, Small Lot Single
Dwelling Residential District). (Additions are underlined and deletions are stricken from
the original ordinance.)
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District)
Sec. 44-6. Definitions.
Poultry means domesticated birds that serve as a source of eggs or meat and that
include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl,
pigeons, pheasants and others.
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) or animals causing a nuisance,
except for licensed kennels.
Section 2. This section amends the Maplewood Zoning Code to add clarifying language
to the R-1S (Small Lot Single Dwelling Residential District) and R-1R (Rural Single
Dwelling Residential Conservation District).
There are five single dwelling residential districts in the City as follows: R-1, R-1S, RE-
30,000, RE 40,000, and R-1R. The R-1 district lists the specific uses. Two other single
dwelling residential districts (RE-30,000 and RE 40,000) refer to the R-1 district for
permitted and prohibited uses. Clarifying language is needed in the R-1S and R-1R
districts to ensure the permitted and prohibited uses are carried over from the R-1
district as well (except for raising of chickens in the R-1S district). (Additions are
underlined and deletions are stricken from the original ordinance):
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-lot Single
Dwelling Residential District)
Sec. 44-192. Permitted uUses.
(1) Permitted uses. The only permitted uses allowed in the R-1S small-lot single
dwelling residential district are the permitted uses in the R-1 district.
Prohibited uses.
(2)
(a) Accessory buildings without an associated dwelling on the same
premises.
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(b) The raising or handling of livestock, poultry or animals causing a
nuisance, except for licensed kennels.
(c) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the
R-1S district.
Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1R Rural
Conservation Dwelling District)
Sec. 44-118. Uses.
(a) …
(b) …
(c) Prohibited uses. The city prohibits the following uses in the R-1R zoning
district:
(1) Accessory buildings without an associated single dwelling on the
same property.
(2) The raising or handling of livestock, poultry (except for chickens
as outlined in Sections 10-476 through 10-487, Chickens)
or animals causing a nuisance, except for licensed kennels.
Section 3. This section adds language to the city’s Animal Ordinance (Chapter 10) to
address the permitting requirements for chickens in single dwelling residential districts
(except the R-1S district):
Chapter 10 (Animals), Article IX (Chickens)
Sec. 10-476. Definitions.
Brooding means the period of chicken growth when supplemental heat must be
provided, due to the bird’s inability to generate enough body heat.
Chicken means a domesticated bird that serves as a source of eggs or meat.
Coop means the structure for the keeping or housing of chickens permitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging
for the birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city manager as an enforcement officer.
Rooster means a male chicken.
Run means a fully enclosed and covered area attached to a coop where the chickens
can roam unsupervised.
Sec. 10-477. Purpose.
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It is recognized that the ability to cultivate one’s own food is a sustainable activity that
can also be a rewarding past time. Therefore, it is the purpose and intent of this
ordinance to permit the keeping and maintenance of hens for egg and meat sources in a
clean and sanitary manner that is not a nuisance to or detrimental to the public health,
safety, and welfare of the community.
Sec. 10-478. Investigation and Enforcement.
Officers designated by the city manager shall have authority in the investigation and
enforcement of this article, and no person shall interfere with, hinder or molest any such
officer in the exercise of such powers. The officer shall make investigations as is
necessary and may grant, deny, or refuse to renew any application for permit, or
terminate an existing permit under this article.
Sec. 10-479. Limitations for each single dwelling residential unit, except the R-1S district
where the keeping of chickens is prohibited:
(1) No more than ten (10) hens shall be housed or kept on any one (1) residential lot
in any area of the city zoned for single dwelling residential with a permit as
outlined below.
(2) Roosters are prohibited.
(3) Slaughtering of chickens on the property is prohibited.
(4) Leg banding of all chickens is required. The bands must identify the owner and
the owner’s address and telephone number.
(5) A separate coop is required to house the chickens. Coops must be constructed
and maintained to meet the following minimum standards:
(a) Located in the rear or side yard.
(b) Setback at least five (5) feet from the rear or side property lines.
(c) Interior floor space – four (4) square feet per bird.
(d) Interior height – six (6) feet to allow access for cleaning and maintenance.
(e) Doors – one (1) standard door to allow humans to access the coop and
one (1) for birds (if above ground level, must also provide a stable ramp).
(f) Windows – one (1) square foot window per ten (10) square feet floor
space. Windows must be able to open for ventilation.
(g) Climate control – adequate ventilation and/or insulation to maintain the
coop temperature between 32 – 85 degrees Farenheit.
(h) Nest boxes – one (1) box per every three (3) hens.
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(i) Roosts – one and one-half (1 ½) inch diameter or greater, located
eighteen (18) inches from the wall and two (2) to three (3) inches above
the floor.
(j) Rodent proof – coop construction and materials must be adequate to
prevent access by rodents.
(k) Coops shall be constructed and maintained in a workmanlike manner.
(6) A run or exercise yard is required.
(a) Runs must be constructed and maintained to meet the following minimum
standards:
1) Location: rear or side yard.
2) Size: Ten (10) square feet per bird, if access to a fenced exercise
yard is also available; sixteen (16) square feet per bird, if access
to an exercise yard is not available. If the coop is elevated two
(2) feet so the hens can access the space beneath, that area may
count as a portion of the minimum run footprint.
3) Height: Six (6) feet in height to allow access for cleaning and
maintenance.
4) Gate: One gate to allow human access to the run.
5) Cover: Adequate to keep hens in and predators out.
6) Substrate: Composed of material that can be easily raked or
regularly replace to reduce odor and flies.
(b) Exercise yards must be fenced and is required if the run does not provide
at least sixteen (16) square feet per bird. Exercise yards must provide a
minimum of one-hundred seventy-four (174) square feet per chicken.
(7) Chickens must not be housed in a residential house or an attached or detached
garage, except for brooding purposes only.
(8) All premises on which hens are kept or maintained shall be kept clean from filth,
garbage, and any substances which attract rodents. The coop and its
surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or
causes odors detectible on another property. Failure to comply with these
conditions may result in the officer removing chickens from the premises or
revoking a chicken permit.
(9) All grain and food stored for the use of the hens on a premise with a chicken
permit shall be kept in a rodent proof container.
(10) Hens shall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
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(11) Dead chickens must be disposed of according to the Minnesota Board of Animal
Health rules which require chicken carcasses to be disposed of as soon as
possible after death, usually within forty-eight (48) to seventy-two (72) hours.
Legal forms of chicken carcass disposal include burial, off-site incineration or
rendering, or composting.
Sec. 10-480. Permit required.
The officer shall grant a permit for chickens after the applicant has sought the written
consent of one hundred (100) percent of the owners or occupants of privately or publicly
owned real estate that are located adjacent (i.e., sharing property lines) on the outer
boundaries of the premises for which the permit is being requested, or in the alternative,
proof that the applicant’s property lines are one hundred fifty (150) feet or more from any
house.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-481. Application.
Any person desiring a permit required under the provisions of this article shall make
written application to the city clerk upon a form prescribed by and containing such
information as required by the city clerk and officer. Among other things, the application
shall contain the following information:
(1) A description of the real property upon which it is desired to keep the chickens.
(2) The breed and number of chickens to be maintained on the premises.
(3) A site plan of the property showing the location and size of the proposed chicken
coop and run, setbacks from the chicken coop to property lines and surrounding
buildings (including houses and buildings on adjacent lots), and the location,
style, and height of fencing proposed to contain the chickens in a run or exercise
area. Portable coops and cages are allowed, but portable locations must be
included with the site plan.
(4) Statements that the applicant will at all times keep the chickens in accordance
with all of the conditions prescribed by the officer, or modification thereof, and
that failure to obey such conditions will constitute a violation of the provisions of
this chapter and grounds for cancellation of the permit.
(5) Such other and further information as may be required by the officer.
Sec. 10-482. Permit conditions.
(1) If granted, the permit shall be issued by the city clerk and officer and shall state
the conditions, if any, imposed upon the permitted for the keeping of chickens
under this permit. The permit shall specify the restrictions, limitations, conditions
and prohibitions which the officer deems reasonably necessary to protect any
person or neighboring use from unsanitary conditions, unreasonable noise or
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odors, or annoyance, or to protect the public health and safety. Such permit may
be modified from time to time or revoked by the officer for failure to conform to
such restrictions, limitations, prohibitions. Such modification or revocation shall
be effective after ten (10) days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintain such chickens.
Sec. 10-483. Violations.
(1) Any person violating any of the sections of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section 1-15.
(2) If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of chickens shall be deemed automatically
revoked and no new permit may be issued for a period of one (1) year.
(3) Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pickup and impounding of chickens.
Sec. 10-484. Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any live chicken.
Sec. 10-485. Fees; issuance.
For each residential site the fee for a permit is as may be imposed, set, established and
fixed by the City Council, by resolution, from time to time.
Sec. 10-486. Term.
The permit period under this section shall expire one (1) year from the date the permit is
issued.
Sec. 10-487. Revocation.
The city manager may revoke any permit issued under this ordinance if the person
holding the permit refuses or fails to comply with this ordinance, with any regulations
promulgated by the city council pursuant to this ordinance, or with any state or local law
governing cruelty to animals or the keeping of animals. Any person whose permit is
revoked shall, within ten (10) days thereafter, humanely dispose of all chickens being
owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
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Attachment
Surrounding Community Ordinances Pertaining to Animal Agriculture
City of Shoreview
1.Keeping of Animals:No person shall keep more than three (3) dogs, three (3) cats,
three (3) Vietnamese Potbellied Pigs or four (4) chickens on residentially zoned property.
The total number of combined licensed animals per residentially zoned property shall not
exceed four (4), with chickens considered one (1) licensed animal.
2.Chickens:Chickensmay be kept within the City limits on residential properties located
in the RE, Residential Estate Zoning District and the R1, Detached Residential District,
subject to the following conditions:
a.On residential properties less than 2 acres in size: i. A maximum of four (4) hen
chickens or pullets are permitted. ii.Roosters are prohibited.
b.On residential properties containing two (2) or more acres in size:
1)A conditional use permit may be required for more than four (4) hen
chickens or pullets.
2)Roosters may be permitted provided the crowing is not a nuisance.
c.The butchering of chickens is prohibited.
d.Chickens shall be fully contained on the property at all times through the use of
fencing.
e.Shelters must comply with all requirements of the Development Code concerning
accessory structure and said structures shall not be placed in the front, side yard
or side yard abutting a street on residential property. Said shelters shall be
setback a minimum of 30-feet from an adjacent principal dwelling.
f.Food materials that are stored outside shall be in closed containers with lids.
g.All containment areas and shelters shall be maintained in a clean, sanitary, and
odor free environment and shall be free from the presence of rodents or vermin
at all times.
h.Chickens shall not be raised or kept for fighting. Cockfighting is prohibited.
i.No person shall keep, maintain or breed chickens on property located within the
City of Shoreview unless a license is obtained pursuant to the provisions stated
herein. Application shall be made on a form provided by the City Manager. The
City Council shall from time to time set a fee by ordinance for the initial license
and the bi-annual renewals. The City Animal Control Officer will conduct an
inspection of the property to determine compliance with the license and
ordinance standards. The license fee must be submitted with the application. The
fee will be established by City Council ordinance. A license shall be issued for a
period of two years. Upon completion of the application form, receipt of the
license fee, the City Manager shall cause a license to be issued to the applicant.
An applicant who has obtained a license shall notify the City Manager of the
applicant’s address changes within the corporate limits of the City within ten (10)
days of an address change.
City of Oakdale
Keeping of Animals: Pet owners with more than 3 of any single type of domestic animal, over
3 months old, need to obtain a Special Use Permit from the Oakdale Police Department.
Special Use Permits are also need for hoofed animals, bees, and wild/exotic animals.
No person shall keep or permit more than onelive rabbit, or any chinchilla, mink, chicken,
turkey, duck, goose, pigeon, or similar small animal or bird, in any dwelling or on the same lot
or premises as a dwelling or other such premise within the city without a permit. This
paragraph does not apply to any hamster, gerbil, white rat, mouse or guinea pig maintained as a
pet.
No person shall keep or allow to be kept any man-made or manufactured hive or other
facility for the housing of bees within the city without a permit.
City of Stillwater
Keeping of Bees:
Subd. 1.Definitions. The following words and terms shall have the meanings ascribed in this
section unless the context of their usage indicates another usage.
"Apiary" means the assembly of one or more colonies of bees at a single location.
"Beekeeper" means a person who owns or has charge of one or more colonies of bees.
"Beekeeping equipment" means anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards and extractors.
"Colony" means an aggregate of bees consisting principally of workers, but having, when
perfect, one queen and at times drones, brood, combs, and honey.
"Hive" means the receptacle inhabited by a colony that is manufactured for that purpose.
"Honey bee" means all life stages of the common domestic honey bee, apis mellifera (African
subspecies and Africanized hybrids are not allowed).
"Lot" means a contiguous parcel of land under common ownership.
Subd. 2.Purpose of ordinance.The purpose of this section is to establish certain requirements
for beekeeping within the city, to avoid issues that might otherwise be associated with
beekeeping in populated areas.
1.Compliance with this section shall not be a defense to a proceeding alleging that a given
colony constitutes a nuisance, but such compliance may be offered as evidence of the
beekeeper's efforts to abate any proven nuisance.
2.Compliance with this section shall not be a defense to a proceeding alleging that a given
colony violates applicable ordinances regarding public health, but such compliance may
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be offered as evidence of the beekeeper's compliance with acceptable standards of
practice among hobby beekeepers in the State of Minnesota.
Subd. 3.Standards of practice.
1.Honey bee colonies shallbe kept in hives with removable frames, which must be kept in
sound and usable conditions.
2.Each beekeeper must ensure that a convenient source of water is available within ten
feet of each colony at all times that the colonies remain active outside thehive.
3.Each beekeeper must ensure that no wax comb or other material that might encourage
robbing by other bees are left upon the grounds of the apiary lot. Such materials once
removed from the site shall be handled and stored in sealed containers, or placed within
a building or other vermin-proof container.
4.Each beekeeper shall maintain his beekeeping equipment in good condition, including
keeping the hives painted if they have been painted but are peeling or flaking, and
securing unused equipment from weather, potential theft or vandalism and occupancy by
swarms.
5.Honey bee colonies may only be kept on single-family residential property zoned A-P
(Agriculture Preserve), RA (Single-Family Residential), RB (Two-Family Residential), TR
(Traditional Residential), LR (Lakeshore Residential), CR (Cottage Residential), or CCR
(Cove Cottage Residential). One exception to the single-family residential standard is
that honeybee colonies may be kept on a two-family property if it is zoned RB and a
resident owner of the property is the beekeeper.
6.Each beekeeper is allowed to make in person sales of honey from the beekeeper's
residence as long as the following standards are met:
a.The beekeeper must live on the apiary lot;
b.All honey sold in person on theresidential premise must be produced by the
beekeeper's hives that are located on the subject residential premise;
c.No products may be sold in person at the residence except honey produced from
hives on the premise;
d.No outside storage or display of products or merchandise;
e.No traffic that is greater than the residential level of the neighborhood;
f.No separate business entrance;
g.Only one sign, located on the apiary lot, with a dimension not exceeding two
square feet;
h.Not more than 15 percent of the total gross floor area of the residence or 300
square feet, whichever is less is devoted to making, storing and selling honey;
i.No activity or equipment may be used that creates noise, vibration, glare, fumes,
odor, or electric or television interference is permitted if it is detectable by
adjacent neighbors; and
j.No nonresident employees are permitted.
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Subd. 4.Colony density.
1.No person is permitted to keep more than the following numbers of colonies on any lot
within the city, based uponthe size of the apiary lot:
a.One-half acre lot or smaller: two colonies;
b.Lot larger than half acre but smaller than three-fourths acre: four colonies;
c.Lot larger than three-fourths acre lot but smaller than one acre: six colonies;
d.One acre lot but smaller than five acres: eight colonies;
e.Larger than five acres: no restriction.
2.In each instance where a colony is kept less than 25 feet from a property line of the lot
upon which the apiary is located, the beekeeper shall establish and maintain a flyway
barrier at least six feet in height.
Subd. 5.Permit required.
1.No beekeeping may occur on any property in the city unless the city issues a permit to
the beekeeper on that specific property. The permit will be valid for two growing
seasons.
2.A beekeeping permit will only be issued if: a) the permit application documents the
satisfaction of all applicable items found insection 27-3of the City Code and, b) notices
have been mailed to all homes within 150 feet of the applicant's property lines.
3.If there are objections received within ten days of mailing the notices, then the permit
application must be considered by the city council.
4.If there are no objections received within ten days of mailing the notices, then the permit
application will be processed by city staff. It will not be referred to the city council for
consideration.
5.Permits are non-transferable and do not run with the land.
6.A permit constitutes a limited license grantedto the beekeeper by the city and in no way
creates a vested zoning right.
7.By signing the permit, the beekeeper acknowledges that he or she shall defend and
indemnify the city against any and all claims arising out of keeping the bees on the
premises.
8.The fee for the initial permit shall be as established by the city council. For each
subsequent permit, there shall be no fee for the permit, unless there are substantial
changes to the apiary or there is a new beekeeper.
7.All standards of practice andcolony density standards must be met in order to issue a
permit.
8.If the standards of practice are not maintained subsequent to issuance of a beekeeping
permit, the permit may be revoked by the city.
9.Beekeeping training is required for the beekeeper prior to issuance of an initial
beekeeping permit by the city.
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10.Either provide a certificate of completion from a honeybee keeping course from the
University of Minnesota or from Century College;
11.Request consideration for having completed a comparable course from another
institution or instructor;
12.Request consideration for substituting equivalent experience for the honeybee keeping
course; or
13.Provide a letter from a current beekeeping instructor at the University of Minnesota,
Century College, or other educational institution offering similar beekeeping courses that
states that the permit applicant has gained through other means a substantially similar
knowledge base to one that could be gained through appropriate beekeeping courses at
the University of Minnesota or Century College.
14.Any beekeeper wishing to make in person sales of honey from their home according to
the standards of practice section must so indicate on the annual permit.
Subd.6.Penalty for violation of section.Any person who shall violate the provisions of this
section shall be guilty of a misdemeanor.
City of Falcon Heights
Keeping of Chickens:Any person who keeps chickens in the city must obtain a permit prior to
acquiring the chickens. Chickens may only be kept in zoning districts where chickens are an
allowed accessory use. The initial permit is valid for up to two years beginning on the date the
chickens arrive on the site and ending on December 31 of the following year. Subsequent
permits are valid from January 1 of one year to December 31 of the second year. Applications
for permits must be made to the zoning and planning director.
1.Fees charged for the issuance of a permit to keep chickens will be set by the city
council.
2.If the permit applicant is not the fee owner of the premises on which the chickens are
sought to be kept and for which the permit would apply, the application shall be signed
by all fee owners of the premises.
3.The city may refuse to grant or may revoke a permit if the chickens become a
nuisance, as evidenced by a second substantiated violation (within 12 months of a
first substantiated violation) of this section of the City Code, orchapterof the City
Code.
4.The city may refuse to grant a permit to, or may revoke a permit from, a person
convicted of cruelty to animals.
5.Permits are non-transferable and do not run with the land.
6.A permit is a license granted to the chicken keeper by the city and does not create a
vested zoningright.
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7.Prior to issuance of a permit, the prospective permit holder must acknowledge they
have read the chicken run educational material provided by the city.
8.Prior to issuance of a permit, the prospective permit holder must provide a detailed
sketch plan of the premises on which chickens are sought to be kept, including the
location, the dimensions and design of the coop and run, establishing compliance with
the chicken coop and run specifications provided in this article.
9.Prior to issuance ofa permit, the prospective permit holder must provide a plan for
maintaining an adequate temperature in the coop for the safety of the chicken hens.
The plan must address both extreme winter and summer temperature conditions.
10.The permit application will be processed administratively. It will not be referred to the
city council for consideration.
11.Permit Regulations.Each person holding a permit to keep chickens within the city
must comply with the following:
a.The principal use of the specific property must be either single-family
residential or two-family residential. A permit will not be issued for any property
which is used principally for something other than single-family or two-family. If
the property's principal use is two-family residential, then the property owner
must sign the permit in addition to the chicken keeper.
b.No person may keep more than four chickens.
c.No person may keep a rooster.
d.No person may allow chickens to range freely without fencing or without a
mobile pen.
e.No person may keep any chickens inside a house or garage.
f.No person may slaughter any chickens within the city.
g.Chickens must be provided a secure and well ventilated roofed structure
("chicken coop").
h.The roofed structure for the chickens may only be located in a rear yard and
must meet setback and building separations as established in city zoning and
building codes, except that the roofed structure and fencing must maintain a
20-foot separation from dwellings on adjacent properties.
i.The roofed structure shall be fully enclosed, windproof, and have sufficient
windows for natural light.
j.All premises on which hens are kept or maintained shall be kept clean from
filth, garbage, and any substance which attracts rodents. The coop and its
surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or
causes odors to be detected on another property. Failure to comply with these
conditions may result in removal of chickens from the premises or revocation
of a chicken permit.
k.Chickens must be kept in the roofed structure, an attached pen, or a detached
mobile pen whenever they are unattended by the keeper; but when attended
by the keeper, the chickens are allowed in a completely fenced exercise yard.
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l.The coop's attached pen must be securely constructed with at least a mesh-
type material and shall have protective overhead netting to keep the chickens
separated from other animals.
m. The coop's attached pen must be well drained so there is no accumulation of
moisture.
n. The floor area of the roofed structure or a combination of the floor area and
attached pen area must equal at least ten square feet of area per chicken.
o.All grain and food stored for the use of the hens on a premises with a chicken
permit shall be kept in a rodent-proof container.
p.Leg bandings are required on all chickens. The bands must identify the owner
and the owner's address and telephone number.
City of Roseville
Nourban agriculture ordinances.
City of Cottage Grove
Keeping of Animals: Any person keeping fowl or poultry in any zoning district on land with
three (3) to less than five (5) acres of land within the city of Cottage Grove shall comply with the
following:
1.License Required: Any person who keeps fowl or poultry in the city of Cottage Grove
must obtain an annual license prior to acquiring the fowl or poultry. The annual license is
valid on the date the fowl or poultry arrive on the site and ending on December 31.
Subsequent licenses are valid from January 1 to December 31. Applications for licenses
must be made to the city clerk's office.
a.Annual License Fee: Fees charged for the issuance of an annual license for
keeping fowl or poultry will be set by the city council in the annual fees resolution.
An inspection of the coop and outdoor run will be performed annually.
b.Denial; Revocation: The city may refuse to grant or may revoke an annual
license if the fowl or poultry become a nuisance, as evidenced bya second
substantiated violation (within 12 months of the first substantiated violation).
c.Cruelty To Animals: The city may refuse to grant an annual license to, or may
revoke a license from, a person convicted of cruelty to animals.
d.Nontransferable: An annual license is nontransferable and does not run with the
land.
e.License Limited: An annual license constitutes a limited license granted to the
landowner by the city and in no way creates a vested zoning right.
f.Publications To Be Read: Prior to issuance of a license, the prospective annual
license holder must acknowledge they have read theChickenRun Rescue
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publication entitled "Recommendations For Municipal Regulations Of
UrbanChickens (2010)" or similar publications approved by the city.
g.Maintaining Adequate Temperature: Prior to issuance of an annual license, the
prospective annual license holder must provide a plan for maintaining an
adequate temperature in the coop for safety of the fowl or poultry. The plan must
address both extreme winter and summer temperature conditions.
h.Exceptions: This section does not apply to animals which are temporarily brought
into the city for the purpose of participating in any circus, show, parade, or
special event; nor does it apply to any public zoo, or persons keeping animals for
a public zoo as volunteers, docents or otherwise; nor to any bona fide research
institution, public or private schools, or veterinary hospital, provided protective
devices adequate to prevent such animal from escaping orinjuring the public are
provided.
2.License Application: Any person desiring a license required under the provision of this
section shall make written application to the city clerk upon a form prescribed by and
containing such information as required by the city clerk. Among other things, the
application shall contain the following information:
a.A description of the real property upon which it is desired to keep fowl or poultry.
b.The breed and number of fowl or poultry to be maintained on the premises.
c.A site plan of the property showing the location and size of the proposed coop
and run, setbacks from the coop and run to property lines and surrounding
buildings (including houses and buildings on adjacent lots), and the location,
style, and height of fencing proposed to contain the fowl or poultry in a run or
exercise area. Portable coops and cages are allowed, but portable locations
must be included with the site plan.
d.Statements that the applicant will at all times keep the fowl or poultryin
accordance with all the conditions prescribed by city ordinance and/or the city
clerk, or modification thereof, and that failure to obey such conditions will
constitute a violation of the provisions of this section and grounds for cancellation
of the license and removal of the fowl or poultry from the property.
e.Such other and further information as may be required by the city clerk.
f.A building permit is required for the coop. If electricity is proposed for the coop,
an electrical permit is also required.
3.License Conditions:
a.If granted, the license shall be issued by the city clerk and shall state the
conditions, if any, imposed upon the licensee for the keeping of fowl or poultry
under this license. The license shall specify the restrictions, limitations,
conditions, and prohibitions which the city deems reasonably necessary to
protect any person or neighboring use from unsanitary conditions, unreasonable
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noise or odors, or annoyance, or to protect the public health and safety. Such
license may be modified from time to time or revoked by the city for failure to
conform to such restrictions, limitations, or prohibitions. Such modification or
revocation shall be effective after ten (10) days following the mailing of written
notice thereof by certified mail to the person or persons licensed to keep such
fowl or poultry.
b.The city shall grant a license for fowl or poultry after the applicant has sought the
written consent of one hundred percent (100%) of the owners or occupants of
privately or publicly owned real estate that are located adjacent (i.e., sharing
property lines) on the outer boundaries of the premises for which the license is
being requested.
Where an adjacent property consists of a multiple dwelling or multi-tenant
property, the applicant must obtain the written consent of the owner or manager,
or other person in charge of the building and tenants within the building. Such
written consent shall be required on the initial application and as often thereafter
as the city deems necessary.
c.Each person holding a license to keep fowl or poultry on property with three (3) to
less than five (5) acres of land within the city of Cottage Grove shall comply with
the following:
1)Only one annual license for keeping fowl or poultry will be granted per
parcel.
2)The principal use of the specified property must only be single-family
residential. An annual license will not be issued for any property which is
used principally for something other than single-family.
3)No person maykeep more than a cumulative total of four (4) fowls or
poultries.
4)Keeping a rooster is prohibited.
5)No fowl or poultry shall be allowed to roam freely without being within a
completely enclosed pen.
6)Keeping live fowl or poultry inside a house or attached garage is
prohibited.
7)Butchering a fowl or poultry must not be in public view.
d.Fowl or poultry must be provided a secure and well ventilated roofed structure
("coop").
1)Location: The coop may only be located in a rear yard.
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2)Separation From Dwellings: The coop must maintain a minimum one
hundred foot (100') separation from all dwellings on adjacent properties
and a minimum fifty foot (50') separation from any property line that
adjoins public right of way or land.
3)Roof: The roof structure must be fully enclosed, waterproof and
windproof.
4)Sanitation: The floors and walls of the coop shall be kept in a clean,
sanitary and healthy condition with all droppings collected on a daily basis
and placed in a fireproof covered container until transported off the
premises to a proper disposal site. Droppings applied as fertilizer or
mixed in with compost is prohibited.
5)Unattended Fowl Or Poultry: Fowl or poultry must be kept in the coop, run
or a detached mobile pen whenever they areunattended by the keeper.
6)Floor Height: The coop's floor must be a minimum of twenty four inches
(24") above the ground.
7)Floor Area: The floor area of the roofed coop must be equal to at least
four (4) square feet of area per fowl or poultry and not greater than fifty
(50) square feet.
8)Windows: The coop must have a minimum of one square foot window per
ten (10) square feet floor space. Windows must be able to open for
ventilation.
9)Climate Control: Adequate ventilation and/or insulation to maintain the
coop temperature between thirty two (32) and eighty five degrees
Fahrenheit (85°F).
10)Construction: Coops and pen enclosures must be constructed and
maintained in a workmanlike manner. Exterior finishes must be
constructed of quality weatherresistant materials consisting of wood,
metal, or engineered composite materials that are similar to the color
palette of the principal structure. The coop and outdoor run must be
maintained in a condition of reasonable repair and must not remain in a
condition of disrepair or constitute a nuisance. Fiberglass or steel
corrugated materials, metal hoops or PVC materials, cotton, nylon or
plastic fabrics are prohibited. The coop roof shall be covered with
fiberglass shingle roof materials.
11)Number Allowed: Only one coop and outdoor run per parcel.
e.All grain and food stored for the use of the fowl or poultry must be kept in a
rodentproof manner.
f.An outdoor run or exercise yard is required and must be constructed and
maintained to meet the following standards:
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1)Location: The outdoor run may only be located in a rear yard and must
maintain a minimum one hundred foot (100') separation from all dwellings
on adjacent properties and a minimum fifty foot (50') separation from any
property line that adjoins public right of way or land.
2)Size: A minimum of ten (10) square feet per fowl or poultry and not
greater than one hundred (100) square feet of gross area.
3)Height: Six feet (6') in height to allow access for cleaning and
maintenance.
4)Gate: One gate to allow human access to the run.
g.Attached Pen; Construction: The coop's attached pen must be securely
constructed with at least a mesh type material and shall have protective
overhead netting to keep the fowl or poultry separated fromother animals.
h.Attached Pen; Drainage: The coop's attached pen must be well drained so there
is no accumulation of moisture or become an erosion issue.
i.Mulch Materials: If the ground surface within the outdoor run area becomes
barren soil and without grass covering the area, then mulch materials must be
placed on the exposed ground surface.
4.Fowl and/or poultry shall not be kept in such a manner as to constitute a nuisance to
occupants of adjacent property.
5.Eggs, chicks, adult fowl or poultry shall not be sold.
6.No person shall keep, maintain or harbor within the city of Cottage Grove any animal or
species that is prohibited by federal or Minnesota law.
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