Subd. 1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD.108-2000, 7/16/00)

Subd. 2. Types of Construction Requiring a Special Construction on Public Land Permit. All stairways, retaining walls, fences, temporary structures, stone work, concrete forming, or any type of construction shall require a special permit. No special construction permit shall be issued for construction of boathouses or other buildings on public land under Section 320 or any other ordinance of the City.

Subd. 3. Public Land Repair Permits. No person shall conduct any structural repair on any boathouse or other structure on public land without first receiving a special repair permit from the city in accordance with this subdivision. Staff recommendations for structural repair shall be consistent with current applicable zoning regulations. Applications for repairing existing boathouses or other structures may be obtained from the Building Official at the City offices. All applications for special repair permits shall be reviewed by the City Council. The Council shall determine if the repair permit shall be granted or denied, and may order any structure to be removed. The Council shall have the right to impose any reasonable conditions it may deem advisable to protect the public’s use of the public shoreline. (ORD. 108-2000, 7/16/00)

Subd. 4. Land Alteration. A special land alteration permit shall be required from the City before any alterations are made on public lands which would result in any changes to the following: shoreline, drainage, grade, pitch, slope, trees, or which require the removal or placement of any fill, or which eliminates, adds or develops any access road or land. This section specifically includes any alterations to uses which are nonconforming on the date this ordinance becomes effective. No special permit shall be issued unless approved by a simple majority vote of the Council members.(ORD. 108-2000, 7/16/00)

Structures located on public lands that are ordered removed by the City Council or by the City Building Official under any code or law may proceed under the supervision and direction of the City Building Official without the necessity for obtaining removal permits from the City Council. (ORD. #54-1991, 12-23-91)

Subd. 5. Exceptions to City Council Approval. The installation of a stairway to provide access to an approved dock location is a recognized need, and does not require the prior approval of the City Council. The Building Official may approve permits for the installation, replacement, and maintenance of stairways for individual dock site holders. All stairways shall be constructed according to the Building Code as approved by the Building Official. A permit is required with a fee to be charged according to the building permit fee schedule in effect at the time of the permit application. All permits shall be issued consistent with the Procedure Manual for Public Lands, the current Use Plan for each area and the Zoning Ordinances as applicable. General Public Access Stairways are not exempt and require City Council approval. (ORD. 108-2000, 7/16/00)

Subd. 6. Street Excavation Permit Required. Any permit issued under the provisions of this Section 320 is in addition to and not in lieu of any street excavation permit which may be required under the provisions of Section 605. (ORD.108-2000, 7/16/00)

Subd. 7. Certain Encroachments to Continue. All encroachments (structures, buildings, boathouses, decks, sheds, retaining walls, fences, flagpoles, birdhouses, and other miscellaneous items) existing on April 1, 1976 or that has received prior written City Council approval (approval consists of a permit or recognition by City Council resolution or other written City approval), are hereby recognized and allowed to continue subject to the following:

Any action or staff recommendations shall be consistent with The Procedure Manual for Public Lands, the current Use Plan for each area, and the Zoning Ordinance as applicable. (ORD 108-2000, 7/16/00)

Subd. 8. Public Lands Procedure Manual. The City Manager and designated staff are authorized and directed to promulgate a Public Lands Procedural Manual and to establish necessary forms and procedures to administer the program and permit procedures set forth in this Section 320. The manual and procedures set forth in said manual shall be revised according to these regulations and reviewed and approved by the City Council by Resolution. The City Council may amend or change the Public Lands Procedural Manual by Resolution. (ORD. #62-1993 - 4/19/93)