1050.020: - SHORELAND OVERLAY DISTRICT

Subd. 1. Statutory Authorization, Findings of Fact and Statement of Purpose.

A.

Statutory Authorization. This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

• B. Findings of Fact. The uncontrolled use of shorelands of the City of Corcoran, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters.

• C. Statement of Purpose. The Legislature of Minnesota has delegated responsibility to local governments of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Corcoran.

Subd. 2. General Provisions.

• A. Jurisdiction. The provisions of this Ordinance shall apply to the shorelands of the public water bodies as classified in Section 1050.020, Subd. 3 of this Ordinance.

• B. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Ordinance and other applicable regulations.

• C. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 1050.020, Subd. 3 of this Ordinance.

• D. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

• E. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All

other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only.

• F. Severability. If any Section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

Subd. 3. Shoreland Classification. The public waters of the City of Corcoran have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.

The shoreland area for these waterbodies shall be shown on the Official Zoning Map.

Subd. 4. Land Use. The intent of this overlay district is to guide the wide development of public waters shoreland, thus preserving the quality of surface waters, preserving natural resources and providing for the wise utilization of water and related land resources in the City. The regulations in this overlay district are intended to manage areas suitable for development of various types as allowed in the underlying zoning district. It is the intent of this overlay district to be used in conjunction with the adopted land use regulations and requirements of this Chapter and over other ordinances, codes and policies. The allowable uses in the Shoreland Management Overlay District shall be as identified in the Zoning Ordinance and reflected on the Zoning Map.

Subd. 5. Zoning and Water Supply/Sanitary Standards.

A. Lot Area and Width Standards

The lot area and width standards (in feet) for single family, two family and townhome residential lots created after the date of enactment of this Ordinance are the following:

1. Unsewered Natural Environment Lakes

2. Sewered Natural Environment Lakes

3. River/Stream Lot Width Standards

There is no minimum lot size requirement for rivers and streams. The lot width standards for residential developments are:

• B. Special Provisions

1. Residential subdivisions with dwelling unit densities exceeding those in the tables above can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 3 above can only be used if publicly owned sewer system service is available to the property.

   2. Subdivisions of two family dwellings and townhomes on Natural Environment Lakes must also meet the following standards:

      • a. Each building must be set back at least 200 feet from the OHWL.

      • b. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building.

      • c. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

      • d. No more than 25 percent of a lake's shoreline can be in two family or townhome developments.

• C. Placement, Design and Height of Structures

  1. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structure setbacks (in feet) from the Ordinary High Water Level are as follows:

2. Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both.

3. The following additional structure setbacks apply, regardless of the classification of the water body:

4. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

• D. Design Criteria for Structures

  1. Structures must be placed in accordance with floodplain regulations applicable to the site as required in Section 1050.030.

     • a. Section 1050.030 requires that all structures, including accessory structures, additions to existing structures, and manufactured homes, shall be constructed so that the basement floor, or first floor if there is no basement, is at least 2 feet above the regional flood elevation.

• b. Each lot may have one water-oriented accessory structure not meeting the normal structure setback requirements of this Ordinance if this water-oriented accessory structure complies with the following provisions:

     - i. The structure or facility must not exceed 10 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. 
  
     - ii. The setback of the structure or facility from the ordinary high water level must be at least 10 feet. 
  
     - iii. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. 
  
     - iv. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. 
  
     - v. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 
  

  2. All structures in residential districts, except Places of Worship/Assembly and nonresidential agricultural structures, are limited to a maximum height of 25 feet in height.

Subd. 6. Shoreland Vegetative Buffers.

• A. Buffer Requirements and Standards. For lots of record created after March 23, 2004, a buffer area shall be maintained abutting all lakes, rivers and streams. Buffer sizes and other requirements are included in Section 1050.010. Buffer vegetation shall be established and maintained in accordance with the requirements that follow.

  1. Buffer area vegetation shall be considered adequate when the buffer has a continuous, dense layer of perennial grasses, flowers, trees, and/or shrubs that have been undisturbed (i.e., not cultivated, mown or disturbed) for at least 10 consecutive years.

Vegetation shall be considered unacceptable if:

• a. It is composed of noxious weeds;

• b. Topography or sparse vegetation tends to channelize the flow of surface water;

• c. For some other reason the vegetation is unlikely to retain nutrients and sediment.

2. Where buffer areas, or a portion thereof, are not vegetated, or have been cultivated or otherwise disturbed within the past 10 years of the permit application, such areas shall be re-planted and maintained according to each of the following standards:

   • a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of annual nurse or cover crop such as oats or rye.

   • b. The seed mix to be used shall consist of at least 15 pounds pure live seed (PLS) per acre of native grass seed and 1 pound PLS per acre of native forbs. Native grass and native forb mixes shall contain no fewer than 4 and 5 species respectively.

   • c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.

• d. Native shrubs may be substituted for forbs. Such shrubs may be bare-root stock and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.

  • e. Native grasses and forbs shall be planted by a qualified contractor by using a drill designed for native grass seeding or by broadcasting or hydroseeding at Minnesota Department of Transportation rates (MNDOT Standard Specifications for Construction).

  • f. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier.

  • g. Buffer areas (both natural and seeded) shall be protected by erosion control measures as determined by the City. These must be employed during construction until permanent ground cover is established to prevent siltation of the buffer area and wetlands.

  • h. A walking trail may be established within a shoreland buffer area. The trail should be constructed to minimize erosion. An undisturbed area of vegetative buffer at least 10 feet in width should remain between the trail and the wetland edge or the top of the stream bank.

3. Buffer areas shall be identified by permanent monuments acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge.

The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards.

5. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this Ordinance.

6. All buffer areas are measured from the ordinary high water level as marked in the field.

7. The following buffer sizes are minimum requirements for stream buffers. Classification of lakes and wetlands in shoreland areas and buffer sizes shall be consistent with the City's Wetland Overlay District 1050.010.

8. The City may recommend buffer averaging for buffers in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on-site contained in the buffer area remains the same. Buffer averaging in shoreland areas will be consistent with buffer averaging requirements in the Wetland Overlay District (Section 1050.010).

9. If the area of the buffer has a pre-construction slope of 12 percent or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography.

Subd. 7. Shoreland Buffer Area Mitigation.

• A. Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation:

• B. Buffers must be replaced at a 1:1 ratio.

• C. Mitigation should always result in equal or improved buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat.

D.

Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.

• E. Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the City.

Subd. 8. Vegetation Alterations.

• A. Exemptions. Vegetation alteration necessary for the construction of structures and sewage treatment systems, agricultural uses, and the construction of roads are exempt from the vegetation alternation standards that follow.

• B. Alteration Standards

  1. Intensive vegetation clearing such as mowing and cutting within the shore and bluff impact zones and on steep slopes is not allowed.

  2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

     • a. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.

     • b. Along streams, existing shading of water surfaces is preserved; and

     • c. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

Subd. 9. Topographic Alterations, Grading and Filling.

• A. Permits. 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.

• B. Standards

  1. A grading and filling permit will be required for the movement of more than 10 cubic yards of material on steep slopes or within shore and bluff impact zones. A grading and filling permit will be required for the movement of more than 50 cubic yards of material in a shoreland area that is outside of steep slope and shore and bluff impact zones.

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:

Grading or filling in any wetland is subject to the regulations of the Minnesota Wetland Conservation Act, reviews or approvals by other local, state or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers, and the City of Corcoran Wetland Overlay District (Section 1050.010).

• a. The proposed work should be evaluated for its effect on the following functional values of the wetland: a) sediments and pollutant trapping and retention; b) storage of surface runoff to prevent or reduce flood damage; c) fish and wildlife habitat; d) recreational use; e) shoreline or bank stabilization; or f) noteworthiness, including special qualities such as historic significance and critical habitat.

• b. 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.

• c. 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.

• d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

• e. Altered areas must be stabilized to acceptable erosion control standards consistent with the Minnesota Pollution Control Agency's Best Management Practices.

• f. Fill or excavated material must not be placed in a manner that creates an unstable slope.

• g. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of 30 percent or greater.

• h. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 103G.245.

• i. 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.

• j. 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 3 feet horizontal to one foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet.

  • k. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

3. Extractive Use Standards

• a. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site bill be rehabilitated after extractive activities end.

  • b. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

Subd. 10. Placement and Design of Roads, Driveways and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Minnesota Pollution Control Agency's Best Management Practices and the following:

• A. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore and bluff impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

• B. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of this Ordinance must be met.

Subd. 11. Stormwater Management.

• A. Design and Construction Standards

  1. When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

4. Impervious surface coverage of lots must not exceed 25 percent of the lot area.

5. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with National Urban Runoff (NURP) Standards, requirements of the Elm Creek Watershed District, and the Minnesota Pollution Control Agency's Best Management Practices as described in Protecting Water Quality in Urban Areas.

6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

Subd. 12. Agricultural and Forest Management Use Standards.

• A. Permitted Uses

General cultivation farming, grazing, nurseries, horticulture, forestry, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resource Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

• B. Animal Feedlots. Animal feedlots must meet the following standards:

  1. New feedlots must not be located in the shoreland of watercourses or in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and

  2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback.

C.

Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."

Subd. 13. Administration.

• A. Zoning Administrator. The Zoning Administrator is designated by the City Council to enforce this Ordinance. If he/she finds a violation of the provisions of this Ordinance, he/she shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.

• B. Permits Required. A permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subd. 9 of this Ordinance. Application shall be made to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

ot exempted by Subd. 9 of this Ordinance. Application shall be made to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

• C. State and Federal Permits. Prior to granting a permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.

• D. Nonconforming Sewage Treatment System. Whenever a permit or variance authorizes any improvement on, or new use of, a property in the shoreland district, it will require reconstruction of any existing nonconforming sewage system on the property to meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, and any applicable local government standards. The City of Corcoran will notify landowners in shore impact zones about this requirement, and will also encourage property owners to evaluate their sewage treatment systems and voluntarily upgrade systems that are nonconforming.

• E. Variances

  1. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this Ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the City Council must also consider whether the property owner has reasonable use of the land without the variance, whether

the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development of adjacent properties.

2. The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section F below shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

3. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.

• F. Notifications to the Department of Natural Resources

1. Copies of all notices of any public hearings to consider variances, Zoning Ordinance amendments, zoning map amendments or conditional uses under local shoreland management controls must be sent to the Commissioner of Natural Resources, or the Commissioner's designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

   2. A copy of approved Zoning Ordinance amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action.

Subd. 14. Nonconformities.

• A. Existing Nonconformities

  1. All legally established nonconformities as of the date of this Ordinance may continue, but they will be managed according to applicable State statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use.

  2. Lots of record in the office of the County recorder on the date of enactment of local shoreland controls that do not meet the requirements of this Ordinance may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this Ordinance are met.

• B. Variance from Setback Requirements. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided.

• C. Contiguous Lots. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this Ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this Ordinance as much as possible.

• D. Additions or Expansions

  1. Additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of this Ordinance. Any deviation from these requirements must be authorized by a variance.

  2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

     • a. The structure existed on the date the structure setbacks were established.

• b. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.

  - c. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 
  
  - d. The deck is constructed primarily of wood, and is not roofed or screened.