05/14/2013 - Energy and Environment Advisory CommissionENERGY & ENVIRONMENT ADVISORY COMMISSION
SPECIAL MEETING
Tuesday, May 14, 2013, 6:00 – 6:45 p.m.
Council Chambers
Workshop
7:00 – 9:00 p.m.
Conference Room 2A & 2B
Agenda: Commission Orientation, Election of Officers, Set Meeting Dates, 2012-2013 Goal Review and
presentation to the City Council June 11, and Discuss New Goals for 2013-2014.
Agenda
I. Call to Order and Pledge of Allegiance 6:00 p.m.
II. Adopt Agenda 6:02 p.m.
III. Visitors to be Heard 6:04 p.m.
IV. Old Business 6:05 p.m.
A. Low Maintenance Landscaping
V. New Business 6:30 p.m.
VI. Adjournment 6:45 p.m.
The City of Eagan is committed to the policy that all persons have equal access to its programs,
services, activities, facilities, and employment without regard to race, color, creed, religion, national origin,
sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary
aids for disabled persons wishing to participate are available upon request at least 96 hours in advance of
the event. If a notice of less than 96 hours is received, the City will attempt to provide the aids.
NEXT REGULAR ENERGY & ENVIRONMENT ADVISORY COMMISSION MEETING
TUESDAY, JUNE 11, 2013 7:00 P.M. COUNCIL CHAMBERS
(WORKSHOP WITH CITY COUNCIL PRIOR TO MEETING 5:30 P.M. EAGAN ROOM)
TO: THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION (EEAC)
FROM: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS AND RECREATION
DATE: May 9, 2013
SUBJECT: ENERGY AND ENVIRONMENT ADVISORY COMMISSION MEETING – SPECIAL MEETING
May 14, 2013
A Special Meeting of the Energy and Environment Advisory Commission (EEAC) will take place on Tuesday, April 9,
2013 from 6:00 to 6:45 p.m. in the City Council Chambers. To ensure that a quorum is present, please contact
Juli Seydell Johnson at 651-675-5006 or jsjohnson@cityofeagan.com if you are unable to attend this meeting.
I. PLEDGE OF ALLEGIANCE AND ROLL CALL
II. ADOPTION OF THE AGENDA
The agenda, as presented or modified, is in order for adoption by the Commission.
III. VISITORS TO BE HEARD
The Eagan City Council and its Commissions set aside up to ten minutes at the beginning of public
meetings to permit visitors to address items of interest that are not addressed on the regular agenda.
Items that will take more than ten minutes or that require specific action can be scheduled for a future
meeting agenda.
IV. OLD BUSINESS – Pages 2-18
Low Maintenance Landscaping - Commission to review and discuss subcommittee report, staff
comments, and recommendations to present to the City Council on June 11, 2013. Included in the
packet is the EEAC ordinance subcommittee meeting notes and recommendations from 4-25-13, memo
from Juli Seydell Johnson, Director of Parks & Recreation, regarding additional information on ordinance
and policy recommendations, revised draft ordinance amendment, responses from Sharon Hills of the
City Attorney’s Office and Russ Matthys, Director of Public works, to the subcommittee, and a draft of the
yard establishment and maintenance for turf and low maintenance options.
V. NEW BUSINESS
There are no new business items to be discussed at this time.
VI. ADJOURNMENT
/s/Juli Seydell Johnson
Director of Parks and Recreation
Energy and Environment Advisory Commission May 14, 2013 Pages 1
EEAC Ordinance Subcommittee Meeting Notes and Recommendations 4-25-13
The members of the Energy & Environment Advisory Commission’s Ordinance
subcommittee met to review the e-mail sent following the discussion earlier this
week. We thank all members who attended and provided detailed input. As
requested, we are communicating the subcommittee’s recommendations for the
ordinance revisions.
The subcommittee will recommend, as a first priority, to incorporate as much of the
recommendations into the city code revisions. For items that do not get reflected in
ordinance changes, the subcommittee will recommend that policy statements and
education documents be created, reviewed by EEAC, and posted, online and print,
to address any areas of ambiguity in permitting processes and standards that are not
clarified directly in code.
Purpose: The subcommittee appreciates the purposes articulated in the e-mail,
however we recommend adding additional statements that clarify the purpose of the
ordinance:
1. The subcommittee recommends using a generic term that encompasses turf
grass and other landscaping and groundcover options. The subcommittee
recommends using the term “vegetation and groundcover.”
2. The subcommittee further recommends expanding the purpose statement to
clarify the purpose of the ordinance. We agree with the items listed in the e-
mail from Director Hohenstein but recommend additional items such as:
a. Those listed in the Minneapolis and St. Paul code section on
Boulevards e.g. “enhance and improve the aesthetic appearance of
city streets... maintain the quality and livability of the residential
neighborhoods of the city.”.
b. A reference to the City of Eagan comprehensive plan and its
sustainability features such as water conservation, natural resource
protection, etc.
c. Reduction of air pollution, noise pollution and energy use (as
associated with the use of many lawn mowers needed to maintain
turfgrass).
Right of Way and Other Setback Areas:
The subcommittee observes that turfgrass is a more water intensive, energy
intensive, and chemical intensive form of ground cover than many other options. In
order to meet the city’s energy, water conservation and other environmental
sustainability goals, additional options besides turfgrass should be allowed by default
(without a permit) within the ROW and other setback areas as long as they do not
pose any risks. The subcommittee therefore recommends:
1. Additional forms of groundcover be allowed without a permit in the ROW, as
has been done in the codes of other cities such as Minneapolis, St. Paul,
Edina, Eden Prairie, etc. At a minimum, the subcommittee suggests
inclusions of rock, gravel, wood chips, mulch, flowers and other vegetation.
The subcommittee invites city staff to recommend parameters to be included
in code that might limit these options within the ROW under certain
conditions:
Energy and Environment Advisory Commission May 14, 2013 Pages 2
a. Slope –
b. None-obstruction of sight lines -- we ask that a reasonable height limit
be identified for vegetation within the ROW and note that Minneapolis
and St. Paul have limited the height of plantings within the ROW (not
turfgrass) to 36 and 18 inches under different conditions.
c. Depth -- the subcommittee notes that state statute 216D.01 governing
excavations that require utility locates does not apply to:
“(4) plowing, cultivating, planting, harvesting, and similar
operations in connection with growing crops, trees, and shrubs,
unless any of these activities disturbs the soil to a depth of 18
inches or more;
(5) gardening unless it disturbs the soil to a depth of 12 inches
or more; or
(6) planting of windbreaks, shelterbelts, and tree plantations,
unless any of these activities disturbs the soil to a depth of 18
inches or more.”
2. We request that Section 7.08 in Eagan City Code be revised to reflect the
recommendations in this paragraph..
3. The subcommittee is comfortable with adding a paragraph in the code clearly
stating that the city is not liable for damages to vegetation or groundcover
established within the ROW due to any work that must be performed within
the ROW.
Permits
The subcommittee appreciates the intent of the zoning permit and the desire to help
homeowners get it right upfront. The subcommittee, however, restates its
recommendation that short garden fences, short raised beds (e.g. under 36 inches),
and edging and trim around landscaping beds be allowed without a permit, and that
permits be reserved for larger projects.
Definitions of uses other than turfgrass:
The subcommittee recommends against the current approach of two separate
categories: one for turfgrass and one for other uses. The subcommittee
recommends that a single category in the code encompass all allowable vegetation
and ground cover. That category could be named “vegetation and groundcover” and
then be applied in the title of subd. 3 as “Vegetation and groundcover establishment
and maintenance requirements”
50% Limitation (in Sec. 10.21 under Subd.3):
The subcommittee observes that the original code only applied the 50% limitation to
restoration of a woodland or meadow condition. The subcommittee recommends
against percentage limits on any vegetation or groundcover other than meadows and
woodlands.
Other items:
The subcommittee recommends the addition of a definition for xeriscaping and
including it in the category of vegetation and groundcover that may be established
under subd3 in Sec. 10.21.
Energy and Environment Advisory Commission May 14, 2013 Pages 3
Appreciatively,
Jon Drucker
Amir Nadav
Mike Wisniewski
Energy and Environment Advisory Commission May 14, 2013 Pages 4
To: EEAC
From: Juli Seydell Johnson, Director of Parks & Recreation
Date: May 9, 2013
Subject: Additional Information Regarding EEAC Low Maintenance
Landscaping Ordinance/Policy Recommendations
City staff, along with Sharon Hills from the City Attorney’s office, offer the following
items of information for the EEAC to consider in discussions concerning potential
changes to the City’s Ordinances and policies regarding low maintenance landscaping on
residential properties.
Attached is a revised draft ordinance amendment provided by the City Attorney’s office
which implements all of the objectives of the EEAC, while maintaining the city’s current
regulations as to improvements and landscaping within the ROWs and public easements.
Attorney Hills and Public Works Director Matthys also provided responses to the EEAC
Subcommittee report provided by Commission Member Nadiv on April 25.
Also attached is a very rough draft of a handout regarding yard establishment options. It
incorporates existing information from handouts as well as suggestions from the most
recent EEAC packet. This version does not contain any images or drawings but those
will be added before it is complete.
Finally, staff took a cut at summarizing the areas that the City Attorney, staff and EEAC
subcommittee are not in agreement with at this time. These bullet points could serve as
discussion points during the meeting with the City Council.
Relationship of Ordinances, Policies and Education Pieces – The City
Attorney indicates that the Eagan’s approach to drafting City code amendments
(statutory construction) is intended to define those things that are and are not
permitted. Policy statements and educational materials can be used to encourage
or promote activities within the standards set by the ordinance. While some cities
may incorporate more policy information in the body of ordinances and the
EEAC has noted some of those in their background in this regard, the ordinance
has been drafted using the statutory construction used by th e City Attorney’s
office, with the understanding that separate policy statements and educational
materials can be considered as well. The public policy question for the
Energy and Environment Advisory Commission May 14, 2013 Pages 5
Council to consider is whether to deviate from the standard code
construction in this case.
Application of City Permits to Property Improvements – The City allows a
wide range of plantings and improvements on private property. To date, for
improvements other than the installation of turf grass, other improvements in the
public rights of way have been considered through the use of Right of Way
Permits, to insure that improvements do not obstruct sight lines, interfere with
snow storage or increase the likelihood of materials running off of yards and into
the storm sewer system. Likewise, built structures, such as sheds, boundary
fences, raised beds, retaining walls and similar improvements that fall below the
threshold for a building permit, have been facilitated through a zoning permit
process in which staff works with property owners to insure that investments in
such improvements are located outside of set backs, do not interfere with
drainage ways and meet other code requirements, prior to their installation.
Generally both permits are intended to insure that the initial installation is done
correctly and does not require subsequent enforcement actions or removal after
installation. The Commission has proposed that more plantings and
improvements be allowed without the requirement of permits. The public policy
question for the Council to consider is whether to eliminate the right of way
permit or zoning permit requirements for certain items.
o As it pertains to the public right of way, the addition of plant materials in
the right of way other than turf grass and under 8” in height would be
substantially similar to the traditional requirement for turf grass
establishment and maintenance and that addition has been incorporated in
the ordinance. The acceptability of other improvements or materials in the
right or way would depend on slope, location, sight lines and other factors,
which can be addressed on a case by case basis through the right of way
permit process.
o As it pertains to other areas of the property, the only item the Commission
recommends to be exempted from the zoning permit requirement that
could have unintended impacts on drainage or violate setbacks if placed
improperly would be a raised bed under 36”. As with other
improvements, such as sheds and retaining walls, the continued
application of the zoning permit for such improvements helps insure they
do not need to be removed or relocated after installation.
50% Limitation on Materials Other than Turf Grass – The historic purpose of
this standard is not clear and whether it is continued or eliminated is a policy
matter for the City Council.
Energy and Environment Advisory Commission May 14, 2013 Pages 6
Sec. 10.21. - Planting and maintenance of trees, and turf grass, and other permitted vegetation on
private property.
Subd. 1. Purpose and application. The regulations set forth in this section are for the purposes of
protecting and promoting the public health, safety and general welfare of the people of the city by
regulating the planting and maintenance of trees in order to protect trees and to prevent and abate
hazardous and nuisance trees and conditions within the city. It is also the purpose of this section to
regulate establishment of turf grass or other permitted vegetation to promote proper maintenance of
vegetation, control noxious weeds, and encourage the planting and maintenance of other permitted
vegetation to provide diversity and environmental benefits (reduction of use of water, fertilizers, and
chemical pesticides and herbicides, thereby protecting groundwater and public waters from pollutants).
This section applies to all private property at all times on a continuing basis.
Subd. 2. Definitions.
1. Other permitted vegetation means designed and established vegetation other than turf
grasses that is one or a combination of the following: meadow; woodland; rain garden; low
maintenance ground cover; ornamental plants; and edible vegetation when planted with other
other permitted vegetation.
2. Edible vegetation means any herb plant or fruit or vegetable producing plant which all or a
part thereof is edible.
3. Established turf grass means an area of land that is covered by a minimum of 90 percent
turf grasses.
4. Landscape bed means an area or tiered areas delineated by landscape material or
established turf grasses as its border(s) and is designed for and maintained with ornamental
plants or native grasses and forbs or edible vegetation.
5. Low maintenance turf grasses or ground covers means turf grasses and ground covers of
a species which is appropriate for the property’s soil type and growing zone and that is of a
cultivar that requires little or no water or mowing once established.
6. Meadow means an area of grasses and forbs (flowering broadleaf plants) that are native
or adaptive to this State, excluding noxious weeds and turf grasses, but including and not
limited to: sedge meadow, mesic prairie, dry prairie, wet prairie, perennial wildflower, and
native plant communities.
7. Native grasses and forbs mean grasses, including prairie grasses, and forbs (flowering
broad-leaf plants) that are indigenous to this State.
8. Native plant communities mean groupings of native grasses, forbs and other plants that
generally occur together in an area due to soil and light conditions, such as: wet prairie, dry
prairie, oak savannah, or maple-basswood forest.
9. Noxious weeds means plants designated according to Minn. Stat. § 18.77, subd. 8
10. Ornamental plants means grasses, flowering perennial and annual plants, shrubs and
groundcovers that may not be indigenous to Minnesota, but are adaptable. Ornamental
grasses do not include turf grasses.
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Energy and Environment Advisory Commission May 14, 2013 Pages 7
11. Public right-of-way means the surface, air space above the surface and the area below
the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard,
drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, or similar property
within the city owned by or under control of the city, or dedicated or otherwise conveyed to the
city, for general public use.
12. Rain garden means a shallow excavated depression with loosened sub-soils in which
ornamental plants or native grasses and forbs that are adapted to moist conditions and have
deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm
water runoff.
13. Restoration or restored means the process of re-establishing or returning an area to be
covered by and comprised of vegetation that is of a native plant community original to the
locale of the property to be restored.
14. Turf grasses means commercially available cultured grass plant varieties, including
bluegrass, fescue and ryegrass blends, that are commonly used in regularly cut lawn areas
and low maintenance turf grasses as defined herein.
15. Unmanaged vegetation means diseased, dead, or poisonous vegetation, overgrown
shrubs, alternative landscape area as permitted in this Section that is overgrown by nuisance
or noxious weeds.
16. Vegetation means any non-woody plants.
17. Woodland means an area of coniferous or deciduous trees interspersed with shrubs,
grasses, broadleaf plants, and other vegetation, excluding nuisance and noxious weeds, that
are native or adaptive to this State.
Subd. 23. Lawn establishment and maintenance Establishment and maintenance of turf grass and
other permitted vegetation.
A. Scope and application. The provisions of this subdivision shall apply to any property which has
been approved by the city for development or has been improved with a building, as defined in the
building code, including vacant property combined with improved property for tax pur poses.
B. Definitions.
1. Meadow means an area of grasses and flowering broadleaf plants, excluding noxious
weeds and turf grass, which are native or adaptive to the state, including, but not limited to,
sedge meadow, mesic prairie, dry prairie, wet prairie and perennial wildflower communities.
2. Woodland means an area of coniferous or deciduous trees interspersed with shrubs,
grasses, broadleaf plants, and other vegetation, excluding noxious weeds, whic h are native or
adaptive to the state.
3. Turf grasses means commercially available cultured turf grass varieties, including
bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas.
4. Turf grass means an area of land which is occupied by a minimum of 90 percent turf
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Energy and Environment Advisory Commission May 14, 2013 Pages 8
grasses.
5. Regularly cut means mowing or otherwise cutting the vegetation so it does not exceed six
inches in height.
6. Noxious weeds means those plants designated as such in Minn. Stat. § 18.77, subd. 8
7. Property means that property to which this subdivision applies.
8. Vegetation means any non-woody plant.
C A. Turf grass and meadow or woodland conditions establishment standards. Any property that
has been approved by the City for development or has been improved with a building, as defined in
the building code, including vacant property combined with improved property for property tax
purposes, shall have turf grass or other permitted vegetation subject to the following establishment
requirements:
1. Turf grass establishment required. All disturbed or maintained areas of a property which
that are not described in paragraph DB(2) and constitute the yard of the property, as the term is
defined in the zoning regulations of this Code, that is not otherwise occupied by the driveway or
other parking surface, accessory structures, landscape beds, or recreational improvements
(such as: swimming pool, tennis or sport court, play equipment) or occupied by buildings,
parking, storage, landscape beds or other physical improvements shall be covered by
maintainable turf grasses which is that are compatible to with the property’s existing property
conditions, including soil, slope and shade conditions.
(a) All established turf grass shall be established completed through sodding or
seeding and mulching within eight months of the issuance of the certificate of occupancy
or within 12 months of issuance of a building permit, whichever is earlier.
(b) Any established turf grass establishment on and within three feet of all
impervious surfaces shall be accomplished through sodding.
(c) The property owner shall be responsible for supplemental watering of all areas
established with turf grasses to insure ensure sufficient establishment and root
development.
(d) All areas of the property shall comply with the provisions of the Land Disturbance
and Erosion Control regulations and any other provisions of the City Code and as in effect
for the property.
2. Nonapplication of turf grass establishment requirement. No more than Up to 50 percent of
all disturbed or maintained areas requiring established turf grass on the property may be
established with or restored to other permitted vegetation as the term is defined herein, may be
restored to a meadow or woodland condition, provided the following requirements are met:
(a) The vegetation presently existing in the proposed establishment or restoration area
shall be eliminated in its entirety, and the meadow or woodland other permitted
vegetation vegetation shall be established through transplanting, seeding or other means
of propagation.
(b) No area established or restored to a woodland or meadow other permitted
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Energy and Environment Advisory Commission May 14, 2013 Pages 9
vegetation condition shall have any noxious weeds or any prohibited tree species as
provided in this section.
(c) A minimum of three (3) feet of established turf grass shall be established and
maintained along the property line edge of a the property where a meadow or woodland
restoration area the other permitted vegetation abuts established turf grass areas on an
adjoining property in order to provide a transition zone between the two types of plant
communities. The minimum of three (3) feet of established turf grass need not be
maintained as required in this paragraph if: a fence is installed along the property line
pursuant to a Zoning Permit; the other permitted vegetation abuts a public park, open
space, a vacant lot, or a wetland, pond, lake, stream or natural area; or the alternative
landscape area is located on slopes equal to or greater than three feet horizontal to one
foot vertical (3:1).
(d) Soil erosion shall be controlled during the transition or establishment period of a
meadow, edible landscape, low maintenance lawn, rain garden or woodland restoration
the other permitted vegetation vegetation, and all areas of the property shall comply with
the provisions of the Land Disturbance and Erosion Control Plan and in effect for the
property.
(e) Other permitted vegetation may not be placed or maintained within the public
right-of-way unless the vegetation planted is of a cultivar that grows less than 8 inches in
height or otherwise approved by the city and established and maintained pursuant to a
permit issued by city.
(f) Any meadow or woodland restoration area should be consistent with the Minnesota
Department of Natural Resources’ native planting restoration best practices methods
and standards.
(g) Rain gardens shall be constructed and maintained in accordance with the best
practice methods and standards of the Minnesota Pollution Control Agency or other
similar industry practices and standards for rain gardens.
(h) Other permitted vegetation shall be properly maintained as to not be in a state or
condition of unmanaged vegetation.
DB. Turf grass and other permitted vegetation and meadow or woodland conditions maintenance
standards.
1. All vegetation shall not exceed a height of eight inches, measured from the base at
ground level to the tip of each stalk, stem, blade or leaf.
2. Paragraph D (1) herein above shall not apply to the following:
(a) A wetland or floodplain designated on the official city wetland inventory or zoning
map;
(b) A drainage pond or ditch which that stores or conveys storm water;
(c) An area currently being used as pasture land for domestic hoofed animals when
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Comment [SH1]: Under new FEMA map, an
area may be within the floodplain, but still subject
to turf grass establishment or maintained area.
Perhaps use of “shoreland” or “wetland buffer” be
used instead.
Energy and Environment Advisory Commission May 14, 2013 Pages 10
permitted by the city’s zoning regulations in this Code;
(d) An area in which where the land and vegetation appears has not to have been
graded, landscaped, mowed or otherwise previously disturbed by human or mechanical
means;
(e) An steeply sloped area that is steeply sloped as to makes mowing or cutting of the
vegetation not reasonably practical for equipment operation or safety; and
(f) Grasses, forbs or edible vegetation that characteristically grows taller than 8 inches
and are planted within an other permitted vegetation A meadow or woodland area
established and maintained in accordance with the provisions of this subdivision Section.
Subd. 4. 3. Public nuisance. The following shall constitute a public nuisance and shall be immediately
abated by the property owner:
(a) Noxious weeds;
(b) Vegetation in violation of paragraph D ( clause 1) of this subdivisionParagraph; and
(c) Vegetation in violation of the public rights-of-way plant and vegetation placement
provisions in the City Code.
(d) Unmanaged vegetation.
Subd. 35. City to control tree planting. It is unlawful to introduce plant prohibited species to on any
lot or land parcel any tree or seed therefrom that is a prohibited species where such trees are not
naturally occurring. Prohibited species are defined as the following trees:
Ginkgo (female only)
Box elder
Non-disease-resistant elm species
Nonhybrid cottonwood species
Subd. 46. Shade tree diseases.
A. It is unlawful for any person to keep, maintain or permit, upon owned premises owned by him or
upon public property where the person has the duty of tree maintenance, any nuisance as defined in
section 10.20 of the City Code.
B. Inspection, diagnosis and abatement of a nuisance shall be by spraying, removing, burning, or
otherwise effectively treating the infected tree or wood in accordance with the procedures and
methods specified in section 10.20 of the City Code.
Subd. 57. Abatement. If any such owner fails to assume the primary responsibility described in
subdivisions 2, 3, or 4 of this Section or to abate any public nuisance under this Section, then the City’s
performance of the work necessary for compliance of this Section or the abatement of the pu blic
nuisance shall be in accordance with this Chapter.
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stops: 0", Left + Not at 0.69"
Comment [SH2]: Revised language per
Ordinance No. 505, May 2012.
Energy and Environment Advisory Commission May 14, 2013 Pages 11
Red = Sharon Hills from City Attorney’s office
Green = Russ Matthys
Purpose: The subcommittee appreciates the purposes articulated in the e-mail, however
we recommend adding additional statements that clarify the purpose of the ordinance:
1. The subcommittee recommends using a generic term that encompasses turf grass
and other landscaping and groundcover options. The subcommittee recommends
using the term “vegetation and groundcover.” Terms too broad as would cover any
vegetation—weeds too. The revised ordinance replaces the term “alternative
landscaping” with “other permitted vegetation.”
2. The subcommittee further recommends expanding the purpose statement to clarify
the purpose of the ordinance. We agree with the items listed in the e-mail from
Director Hohenstein but recommend additional items such as:
a. Those listed in the Minneapolis and St. Paul code section on Boulevards e.g.
“enhance and improve the aesthetic appearance of city streets... maintain the
quality and livability of the residential neighborhoods of the city.” The city’s
authority to enact ordiances is to further public health safety and welfare.
Aesthetics, livability and quality are not issues of public health, safety, and
welfare under current case law.
b. A reference to the City of Eagan comprehensive plan and its sustainability
features such as water conservation, natural resource protection, etc. See “a”
above
c. Reduction of air pollution, noise pollution and energy use (as associated with
the use of many lawn mowers needed to maintain turfgrass). Did not include
because this is a finding of fact or otherwise a statement without supporting
evidence.
Right of Way and Other Setback Areas:
The subcommittee observes that turfgrass is a more water intensive, energy intensive, and
chemical intensive form of ground cover than many other options. In order to meet the city’s
energy, water conservation and other environmental sustainability goals, additional options
besides turfgrass should be allowed by default (without a permit) within the ROW and other
setback areas as long as they do not pose any risks. The subcommittee therefore
recommends:
2. Additional forms of groundcover be allowed without a permit in the ROW, as
has been done in the codes of other cities such as Minneapolis, St. Paul, Edina,
Eden Prairie, etc. At a minimum, the subcommittee suggests inclusions of rock,
gravel, wood chips, mulch, flowers and other vegetation. The subcommittee invites
city staff to recommend parameters to be included in code that might limit these
options within the ROW under certain conditions: Eden Prairie staff indicated they
plan to revise their planting ordinance to address concerns with the existing that has
led to removals or trimming by City (no current ROW ordinance, hope to implement
in future); St. Louis Park staff indicated they are having challenges with trees in the
boulevard that are too close to the curb and are asking residents to relocate trees;
other cities have not responded to request for information, yet.
3. a. Slope – This can be more flexible (like the current ROW permit process
allows), but here are some standards that could work.
4. Grade 2% or less: rock, gravel, flowers, other permitted vegetation OR 3'
buffer of flowers, other permitted vegetation behind curb then wood chips, mulch
Energy and Environment Advisory Commission May 14, 2013 Pages 12
5. Grade greater than 2%: flowers, other permitted vegetation OR 3' buffer of
flowers, other permitted vegetation behind curb then rock, gravel OR 6' buffer of
flowers, other permitted vegetation behind curb then wood chips, mulch
6. b. None-obstruction of sight lines -- we ask that a reasonable height limit be
identified for vegetation within the ROW and note that Minneapolis and St. Paul have
limited the height of plantings within the ROW (not turfgrass) to 36 and 18 inches
under different conditions. Current policy is 30".
7. c. Depth -- the subcommittee notes that state statute 216D.01 governing
excavations that require utility locates does not apply to:
8. “(4) plowing, cultivating, planting, harvesting, and similar operations in
connection with growing crops, trees, and shrubs, unless any of these activities
disturbs the soil to a depth of 18 inches or more;
9. (5) gardening unless it disturbs the soil to a depth of 12 inches or more; or
10. (6) planting of windbreaks, shelterbelts, and tree plantations, unless any of
these activities disturbs the soil to a depth of 18 inches or more.” That is correct.
11. We request that Section 7.08 in Eagan City Code be revised to reflect the
recommendations in this paragraph.do not revise as 10.21 revised to allow 8” or less
vegetation.
2. The subcommittee is comfortable with adding a paragraph in the code clearly stating
that the city is not liable for damages to vegetation or groundcover established within
the ROW due to any work that must be performed within the ROW. The city code
does not declare liability or lack of liability to itself. This is not a provision that
belongs in a code of regulations.
Permits
The subcommittee appreciates the intent of the zoning permit and the desire to help
homeowners get it right upfront. The subcommittee, however, restates its recommendation
that short garden fences zoning permit not required, short raised beds (e.g. under 36
inches), and edging and trim zoning permit not required around landscaping beds be
allowed without a permit, and that permits be reserved for larger projects. Need ROW
permit for activity in ROW.
Definitions of uses other than turfgrass:
The subcommittee recommends against the current approach of two separate categories:
one for turfgrass and one for other uses. The subcommittee recommends that a single
category in the code encompass all allowable vegetation and ground cover. That category
could be named “vegetation and groundcover” and then be applied in the title of subd. 3 as
“Vegetation and groundcover establishment and maintenance requirements” Done-revision
made. However, the terms do need to be defined separated and used separately.
50% Limitation (in Sec. 10.21 under Subd.3):
The subcommittee observes that the original code only applied the 50% limitation to
restoration of a woodland or meadow condition. The subcommittee recommends against
percentage limits on any vegetation or groundcover other than meadows and woodlands.
Other items:
The subcommittee recommends the addition of a definition for xeriscaping and including it
in the category of vegetation and groundcover that may be established under subd3 in Sec.
10.21.
Energy and Environment Advisory Commission May 14, 2013 Pages 13
In short, the draft ordinance amendment provides for “xeriscaping,” if a property owner so
choses, without the necessity of specifically referring to the term in the ordinance. The
objective of the ordinance amendment is to allow plantings in lieu of traditional turf grass to
reduce the need of watering. This objective is met.
Further, a property owner, as the ordinance amendment is written, can certainly go even
further in water use reduction—andfollow the primary principle of xeriscaping, by planting
drought resistant plants.
Again, the ordinance amendment furthers “xeriscaping” by it terms because the amendment
permits alternative vegetation and plants in lieu of turf grass. Ordinances should define the
action, not the lingo referring to the action.
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3830 Pilot Knob Road
Eagan MN 55122
YARD ESTABLISHMENT AND MAINTENANCE
Turf and Low Maintenance Options
The City of Eagan would like to provide multiple options for yard establishment and maintenance. The
following handout is written only as a guide; it is not intended nor shall it be considered a complete set of
requirements.
ESTABLISHED YARD OPTIONS
All disturbed areas of private property not occupied by buildings, parking, storage or landscape beds shall have
a form of turf established. Property owners may choose to maintain a turf grass and/or another form of
established vegetation, including native landscaping, edible landscaping or rain gardens.
Turf Grass
Turf grasses are commercially available cultured grass plant varieties, including bluegrass, fescue and
ryegrass blends that are commonly used in regularly cut lawn areas. Different types of turf grasses
have different characteristics and root depths. In example, fine fescue lawns have deeper roots up to
9” in depth, compared to the 1-3” depth of many bluegrass blends.
Required Permits – A Right-of-Way Permit and staff review are required for the installation of turf
grass in the Right-Of-Way of your property.
Native Landscaping
Native plants are those that grew in Minnesota prior to European settlement. Native landscaping can
range from using native plants for their decorative value in a flower bed to restoring natural plant
communities such as prairies or oak savanna. As compared to turf grass and non-native ornamental
plans, native vegetation requires less irrigation, fertilizers and pesticides.
When homeowners use native vegetation rather than turf grass, less irrigation water, fertilizers and
chemicals are used, reducing runoff into lakes, streams and rivers. Native vegetation also provides
food and habitat for birds, pollinators and other wildlife.
Required Permits – A Right-of-Way Permit and staff review are required for the installation of
landscaping in the Right-Of-Way of your property.
Edible Landscaping
Edible landscaping refers the incorporation of fruit and vegetable producing plants into landscape in an
attractive manner, appropriate for the front and back yard. Encouraging individuals to grow fruits and
vegetables in their yards increases local food security, ensures access to healthy foods and reduces
unnecessary transportation of foods.
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Required Permits – A Zoning Permit and/or Right-Of-Way Permit may be required. Zoning Permits
are required for the installation of fences, raised garden beds and other structures in the yard. Right-
Of-Way Permits are required for any work in the Right-Of-Way on your property.
Rain Gardens
Rain gardens are designed to collect and infiltrate storm water that runs off of roofs and pavement,
preventing it from entering the storm sewer system and polluting lakes, streams and rivers. Rain
gardens consist of shallow depressions with loosened sub-soils, planted with native plants, garden
perennials and/or shrubs that are adapted to moist conditions and that have deep roots to help storm
water seep into the ground quickly. Encouraging homeowners to construct rain gardens is an important
way for a community to protect surface water resources and recharge ground water.
Required Permits – The installation of a rain garden may require a Right-Of-Way Permit. Contact
Eagan Water Resources at (651) 675-5300 for additional information about design and installation of a
rain gardens.
TREES
??? Trees are an important part of the landscape of a property and the community. It is important that trees be
be planted so as to avoid utility locations and drainage areas. For that reason, they should be planted within
the portions of the yard that are not in the drainage and utility easements and they can only be planted in the
public right of way through a Right-Of-Way Permit. As with all projects that require digging, property owners
should call for utility locations at least three days prior to beginning a project.
SMART WATERING
With watering of any type of vegetation, it is important to take steps that best use the water we have available.
Lawn Soils
Tight soils limit deep growth of roots, prevent water from soaking into the ground, and make lawns
susceptible to drought stress. A “core-plug” aerator” effectively loosens compacted lawn soils. Self-
propelled aerators may be rented from a lawn service company. Fall is the best time for this work.
Prior to aeration, locate buried wires and irrigation heads.
During aeration, top-dress your lawn with ¼” well-aged and weed-seed free compost. This builds
healthy soils by adding organic matter.
A simple test determines if your lawn needs aeration. Push a wire stake flag into the ground when
moist, but not soaked or parched. If you can push in 12” or more, you do not have a compaction
problem. If only 1” to 2”, your lawn needs aeration. You many use a leftover flag from a utility locate
service or contact the Eagan Maintenance Facility for a wire.
Wire flags for testing soil are available at the Eagan Maintenance Facility or City Hall.
Mowing
Grass roots grow deeper when your lawn is mowed near 3”. Deep roots help increase drought
tolerance and decrease soil compaction. Such lawns also help restrict dandelion and other weed
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growth.
For a healthy lawn, use a sharp mulching blade. Mulched grass clippings are free, recycled fertilizer
and are also good for soil moisture retention. To protect lake water quality and wetlands, mow and
sweep clippings away from your driveway or street, keeping these materials from washing into the
storm sewer system when it rains. Eagan City Code prohibits putting grass, leaves and other debris
into streets.
Irrigation
When watering the lawn during the hottest part of the day, you may lose 50% of irrigation water to
evaporation. Small leaks may add up to hundreds or thousands of gallons of wasted water. Inspect
your watering system or hire a professional for an irrigation audit.
Adjust spray heads to water your lawn – not the street, driveway or sidewalk. For hard-to-water areas,
consider planting something else in the place of traditional turf grass.
Watering Suggestions
- One inch of water per week (via rain or irrigation) is adequate. Rain may be measured with an
accurate rain gauge and irrigation may be measured using a small container.
- Avoid watering between 11:00 a.m. and 4:00 p.m. to reduce moisture loss by evaporation. It is
better to water in the early morning or late evening.
- Avoid watering on windy days, to reduce water loss.
- Avoid over-watering, which may cause shallow roots, lawn disease and stress. Soil moisture may
be determined with a moisture meter.
Required Permits – A Plumbing Permit is required for the installation of an underground sprinkler
system. A Right-of-Way Permit is required for the installation of sprinkler heads in the public Right-Of-
Way.
Rain Barrels
The collection of runoff rainwater benefits Eagan water bodies and allows useable, free water for
homeowners. Rain barrel water may be used to nourish plants during dry spells or water one’s lawn. It
is best to drain rain barrels regularly to eliminate stagnation and make room for future capacity.
Rain barrel information is available through Eagan Water Resources at (651) 675-5300.
MAINTENANCE
The City of Eagan encourages property owners to plant and maintain vegetation that adds diversity, but
prohibits unmanaged growth and noxious weeds.
Tall Vegetation
All turf grass and alternative landscaping shall not exceed a height of eight inches, as measured from
the base at ground level to the tip of each stalk, stem, blade or leaf.
Vegetation within the right-of-way (boulevard area) shall not exceed a height of 8 inches. It is the
responsibility of the abutting property owner to maintain the boulevard area turf grass to the curb line.
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Noxious Weeds
Owners must provide regular weeding, pruning and maintenance of all plantings located on their
property. Minnesota State Statute dictates that property owners must eradicate all noxious weeds on
land they own, occupy or a required to maintain. An extensive list of noxious weeds is maintained
yearly by the Minnesota Department of Agriculture.
Dandelions are not considered noxious weeds and are not required to be removed.
Diseased Vegetation
Plant materials which exhibit evidence of pests, disease or damage shall be appropriately treated and
dead plants shall be removed and/or replaced.
LANDSCAPING IN THE PUBLIC RIGHT-OF-WAY
There are specific restrictions regarding landscaping near or within a public Right-Of-Way (ROW). In most
residential lots, the ROW extends 13-15 feet back from the curb. Although lawn areas usually extend all the
way to the curb line and are subsequently maintained by the property owner, the boulevard is public and
reserved solely for the installation of public utilities, snow storage and mailboxes.
- Permits are required prior to the installation of any landscaping in the ROW
- The construction of any structure in the ROW is not allowed, with the exception of mailboxes. A ROW
Permit is required to install a mailbox.
- The City reserves the right to trim and/or remove any landscaping or trees within or overhanging the ROW
that may interfere with visibility, maintenance operations, or passage on public trails or walks within the
ROW.
Compliance with relevant ordinances helps eliminate potential liability associated with damages that may occur
from unauthorized installation within public ROW.
Contact Eagan Engineering at (651) 675-5646 to determine the width of the boulevard easement, property line
locations, specifications for the installation of mailboxes, and “clear zone standards” related to visual and
physical obstructions within boulevard areas. The City does not locate property corners or property lines for
private property owners.
HELPFUL CONTACTS
Eagan Engineering
ROW Permits, Setbacks
(651) 675-5646
Eagan Planning and Zoning
Zoning Permits, Raised Gardens, Fences
(651) 675-5685
Eagan Water Resources
Rain Gardens, Rain Barrels, Smart Watering
(651) 675-5646
Eagan Forestry
Tree, plant, shrub species, Planting Information
(651) 675-5300
Gopher State One Call
Utility locations
(651) 454-0002
Eagan Building Inspections
Pluming Permits, Retaining Walls
(651) 675-5675
Energy and Environment Advisory Commission May 14, 2013 Pages 18