Building on bluffs faces restrictions

BY ASHLEY ACOSTA
Feature Editor

The Winona City Council is considering a plan to help protect archaeological resources, preserve the natural setting and minimize public costs associated with bluff development.

The proposal also addresses other issues such as height restrictions of structures and non-structures on bluffs, selective silvicultural crop harvesting on certain districts and the construction of paths, trails and stairs. The council introduced the Bluff Protection Ordinance at its meeting Monday, Oct. 19, in the first step in approving the ordinance, said City Clerk Monica Mohan. The second step is generally to adopt the ordinance at a subsequent meeting, but the council suggested provisions to the ordinance before it can be passed. The ordinance will come before the council again Nov. 16, after ammendments have been made, Mohan said.

Under the ordinance, all available bluff area, also known as the Bluff Impact Overlay District, must be displayed on the city’s zoning map. City PlannerMarkMoeller said if the land falls within 150 feet of the district, the applicant must hire a professional to notify the city that an archaeological survey must be conducted to search for remains and artifacts before a permit can be granted.

Moeller said the application process includes the recognition of high potential burial grounds and archaeological sites on the desired land. According to Moeller, the archaeological survey is split into two phases. Phase 1 consists of an archaeological
dig to examine the land for any general artifacts and remains. Once the Phase 1 survey is completed, the applicant must submit the results of the survey to city officials as well as the local American Indian tribes and organizations: Prairie Island Indian, Shakopee Mdewakanton Sioux and Lower Sioux Indian Communities Tribal Councils and the Sisseton Wahpeton Oyate and Minnesota Indian Affairs Council. According to the report, upon receiving this document, tribal offices have 30 days to send comments to the city.

The proposal states, “The final report which consists of the comments and recommendations of Tribal Councils, and the State Archaeologist shall be considered prior to approving any Land Disturbance Activity Permit Application.”

In addition, if any significant archaeological resources are found at the site during either Phase 1 or Phase 2, state archaeologists can recommend to protect and preserve that land, resulting in the denial of a Land Disturbance Permit.