Notice of Intent to Amend
Polk County Land Use/Zoning
Ordinance
Pursuant to MN Statute §375.51 and §394.26, notice of intention to adopt amendments to the Polk County Zoning Ordinance is hereby given. Polk County Planning Commission will hold a public hearing for input on the following date: March 27, 2026 at 10:00 a.m. in the Polk County Environmental Services Building conference room at 320 Ingersoll Ave, Crookston, MN 56716.
Language to be amended is listed below:
• 22.1500 – typo should read 22.5000 not 22.6000 which isn’t an ordinance standard.
• Section 3 definitions to change hardship to practical difficulty, as sec 5 states.
• Section 3 definition add “Change of Use”: A change of use occurs when the purpose in a structure changes in a way that requires compliance with other zoning ordinance regulations. It generally involves modifying a space so that its new function requires higher performance criteria than its original purpose. An example would be an existing accessory structure which is converted into a dwelling. Minor structural improvements that do not increase the structures square footage or change the use of the structure are not a change of use but could be a structural alteration depending on the scope of work.
• Section 13.4000 ACCESSORY USES: Within the agricultural district no permit shall be required for the placement of a single-story accessory structure that is less than 100 200 square feet in size as long as the following conditions are met:
a. The structure constitutes a minimal investment.
b. The structure meets all applicable setbacks within the Agricultural District.
c. The structure needs to conform to the standards in 13.4200.
d. The structure must not be constructed on a permanent foundation. Structures must be 1-story and slab-on grade construction is not considered a foundation.
• 13.7020 An accessory structure not used in conjunction with a home occupation that does not comply with 13.4240 13.4210, or where the use of the accessory structure is in conjunction with a home occupation but does not meet one or more criteria listed in 12.3048, 13.4300 – 13.4310, may be allowed provided that:
a. The applicant complies with those criteria listed in 13.4300 – 13.4310, or has satisfactorily addressed any of those requirements for which they are unable to comply; and
b. There is a demonstrated need to use the accessory structure as a part of the home occupation.
c. If the use of the accessory structure is for storage of equipment or materials to be used off site, the use of the accessory structure shall not require a Conditional Use Permit, provided the use is in conformance with 13.4300.
NEW SECTIONS: 12.4116-12.4119: & 12.5060-Referenced Below
• 12.4116 Topographic Alterations/ Grading and Filling on DNR protected wetlands shown on the Protected Waters Inventory Map for Polk County and shall be subject to the following criteria:
• 12.4117 Topographic alterations are not allowed on bluffs.
• 12.4118 Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
• 12.4119 Notwithstanding items 12.4118 above, a grading and filling, land alteration permit will be required for:
a. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and the shore impact zone of a DNR protected wetland shall be from the Ordinary High Water Level (OHWL) extending upland 50 feet.
b. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
c. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
1. Sediment and pollutant trapping and retention;
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
d. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
e. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
f. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
g. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
h. Fill or excavated material must not be placed in a manner that creates an unstable slope;
i. Fill or excavated material must not be placed in bluff impact zones, or on steep slopes;
j. Any alterations below the ordinary high water level of public water wetlands must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 103G.245;
k. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
l. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
• 12.5000 FENCES 12.5060 Fences erected in the 100 year floodplain must meet the standards listed below:
a. Be adequately anchored. This is to avoid fences from becoming dislodged.
b. Be constructed with flood-resistant materials (i.e., treated wood, steel, aluminum, concrete, brick, etc.).
c. Not be detrimental to adjoining uses. They cannot direct flows in a way that neighboring structures and parcels are impacted.
d. Not adversely affect the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainageways.
e. Floodplain Fences in FEMA mapped floodways must demonstrate “No Rise” – they must have an analysis showing they don’t cause any increase in the flood elevation.
f. Fences in A Zones or Zone AE without a mapped floodway (No determined Base Flood Elevation) must demonstrate they meet “Allowable Rise” – they must have an analysis showing the construction of the fence will not cause more than 0.5 feet increase in the flood elevation AND there is no increase impacting any existing insurable structure. Fences in FEMA mapped flood fringe are not required to do the No Rise or Allowable Rise analysis.
Copies of the referenced draft ordinance amendments may be viewed during regular business hours M-F 8am-5pm at Polk County Environmental Services Building, 320 Ingersoll Ave, Crookston, MN 56716, or on the Polk County Website: https://www.polkcountymn.gov/
To submit written comments, ask questions, or to request more information please contact Jacob Snyder at Polk County Environmental Services at (218) 281-5700 or (800) 482-6804.