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Ordinance 764.docxCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 764 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE III OF THE CHANHASSEN CITY CODE CONCERNING PERMITTED BURNS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Sec 9-32 Eligible Properties Burn permits for residents will only be issued, subject to the requirements of this article, for properties meeting the criteria listed in Sec. 9-34 Burn permits for the purpose of prairie grass restoration conducted by a licensed and Minnesota DNR-approved contractor are allowed in all areas of the city. SECTION 2. Sec 9-33 Application For Permit To apply for a burn permit an applicant must: a) Submit an application on the form provided by the city to the fire chief or fire marshal. b) Provide a nonrefundable fee, which shall be imposed in accordance with the fee schedule established by the city council. c) If conducting a prairie grass burn larger than one-half an acre, the applicant must first apply for and receive a variance permit from the Minnesota DNR. The applicant must provide a copy of the Minnesota DNR variance permit when applying for a local burning permit. SECTION 3. Sec 9-34 Criteria For Approval Burn permits shall only be issued if the following criteria are met: a) The proposed burn site is at least 150 feet from any building. b) The proposed burn site is at least 200 feet from any public roadways. c) The proposed burn site will not be in any wetlands, as determined by city water resources staff. Docusign Envelope ID: 2208AD22-0A10-831A-8362-9C8A31B46C96 d) The proposed burn site will not be in any bluffs, as determined by city forestry staff. e) There is not a practical alternative method for disposal of the materials such as hauling off-site, chipping, or composting. SECTION 4. Sec 9-35 Conditions The city may place conditions on any aspect of the burn as deemed necessary to prevent the creation of hazardous conditions or nuisances. All burn permits issued under this article are subject to the following conditions: a) The fire must be kept under control and the applicant must assume all responsibility for all damages and costs that may result from burning done under this permit. b) The fire must be attended at all times until completely extinguished. c) Fires will not be allowed to smolder without flame. d) A clean burning device must be used to start fire. e) No burning may be conducted during any air quality alert. f) No burning may be conducted when the Minnesota Department of Natural Resources places Carver County under restricted, no open burning, or elevated burning restrictions. g) Burning may only be conducted when prevailing winds are blowing away from occupied buildings, roadways, and when wind speeds do not exceed ten mph. h) Leaves, yard waste, grass clippings, paper, cardboard, oils, rubber, plastics, tires, and chemically treated materials such as railroad ties, treated lumber, composite shingles, tar paper, composition board, sheetrock, wiring, paint and hazardous and industrial solid waste may not be burnt. i) The permit must be present and available at the burn site for inspection. j) The fire must be extinguished immediately if the permit is revoked. k) Piled brush shall be no larger than 20 feet by 20 feet. l) Reasonable accommodations shall be provided for the fire department to access the burn site in the event of an emergency. SECTION 5. Sec 9-36 Revocation A burn permit issued under this article may be revoked by the fire chief or their designee if it is determined after an inspection by city staff that the permit holder is in violation of or has violated conditions placed upon the burn permit, or that a bur n has been conducted in such a manner as to constitute a public nuisance. Fires that are found to be in violation Docusign Envelope ID: 2208AD22-0A10-831A-8362-9C8A31B46C96 of the requirements set forth in this chapter are subject to issuance of a misdemeanor citation. SECTION 6. EFFECTIVE DATE: This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22 day of June, 2026, by the City Council of the City of Chanhassen, Minnesota. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor Docusign Envelope ID: 2208AD22-0A10-831A-8362-9C8A31B46C96 STATE OF MINNESOTA COUNTY OF HENNEPIN AFFIDAYIT OF PUBTICATION C]TY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.764 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE !I! OF THE CHANHASSEN CITY CODE CONCERNING PERMITTED BURNS THE CITY COUNCIL OF THE CITY OF CHANHASSEN OR. DAINS: SECTION 1. Sec 9€2 Eligible Properties Burn permits for residents will only be issued, subject to the re- quirements o{ this article, for prop- erties meeting the criteria listed in Sec. 9-34 Burn permits for the purpose ol prairie grass lestoration e,onCueted by a licensedand Mi* nesota DNR-approved contractor are allowed in all areas of the city. SECTION 2. Sec 9-3il Application For Per- mit To apply for a burn permit an ap- plicant must: (a) Submil an application on the form provided by the city to the fire chiel or fire marshal. (b) Provide a nonretundable fee, which shall be imposed in accor- dance wilh the fee schedule estab- lished by the city council. (c) lf conducting a prairie grass burn larger than one-half an acre, the applicant must first apply for and receive a variance permit {rom the Minnesota DNR. The applicant musl provide a copy of the Min- nesota DNR variance permit when applying for a local burning permit. sEcTtoN 3, See 9-34 Qdleria For Approval Burn permits shall only be is- sued if the following criteria are met: (a) The proposed burn site is at least 1 50 {eet from any building. (b) The proposed burn site is at least 200 feet trom any public road- ways. (c) The proposed burn site will not be in any wetlands, as deter- mined by city water resources staff. (O The proposed burn site will not be in any bluffs, as determined by city lorestry staff. (e) There is not a practical alter- native method for disposal of the materials such as hauling off-site, chipping, or composting. SECTION 4. Sec 9-35 Conditions The city may place conditions on any aspect of the burn as deemed necessary to prevent the creation of hazardous conditions or nuisances. All burn permits issued under this article are subiect to the lollowing conditions: (a) The lire must be kept under control and the applicant must as- sume all responsibility for all dam- ages and costs that may result from buming done under this permit. (b) The fire must be attended at all times until completely extin- guished. (c) Fires will not be allowed to smolder without llame. (d) A clean buming device must be used to start fire. (e) No burning may be conduct- ed during any air quality alert. (fl No burning may be conduct- ed when the Minnesota Depart- ment of Natural Resources places Carver County under restricted, no open burning, or elevated burning restrictions. (g) Burning may only be con- ducted when prevailing winds are blowing away from occupied build- ings, roadways, and when speeds do not exceed ten mph. (h) Leaves, yard waste, grass clippings, paper, cardboard, oils, rubber. plastics. lires, and chemi- cally treated materials such as rail- road ties, treated lumber, compos- ite shingles, tar paper. composition board, she€trock, wiring, paint and hazardous and industrial solid waste may not be burnt. (i) The permit must be present and available at the burn site for inspection. [) The fire must be extinguished immediately if the permit is re- voked. (k) Piled brush shall be no larger than 20 ,eet by 20 {eet. (l) Reasonable accommodations shall be provided for the fire depart- ment to access the burn site in the evenl of an emergency. SECTION 5. Sec 9-36 Revocation A burn permit issued under this article may be revoked by the fire chief or their designee il it is deter- mined after an inspection by city staff that the permit holder is in violation ol or has violated condi- tions placed upon the burn permit, or thal a burn has been conducted in such a manner as to constilute a public nuisance. Fires that are found to be in violation of the re- quirements set {orth in this chapter are subject to issuance of a misde- meanor citation. SECTION 6. EFFECTIVE DATE: This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22 day ol June, 2026, by the City Council of the City of Chanhasson, Minnesota. Published in the Sun Sailor July 2,2026 1 544565 ss I do solemly swear that the notice, as per the proof, was published in the edition of the SS M tka_Excelsior_Eden Prairie with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. $331A.02. (B) ftis PuUie Notiec*as printe+an4 pub'. lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 0710212026 and the last insertion being on 0710212026. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. $580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in 9580.033, subd. l, clause (l) or (2). If the newspaper's known olfice ol issue is located in a county adjoining the county where the mortgaged premises or some part ol the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on0710212026 D-r,^^ U Notary Public Rate Information: (l) Lowest classified rate paid by commercial users for comparable space: 5999.99 per column inch JACQUELINE HUERTA Notary Public Minnesota CGmmission Expires Jan. 31, 2029 Ad rD r544565