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Carver County, MN Historic Preservation: Historic-Cultural Monuments (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 152.133, Shoreland District
Applies to
Unincorporated Shoreland Overlay only
Core requirement
Document site before disturbing it
Cemetery rule
Unplatted cemeteries always protected
Enforcing agency
Land Management Department
Penalty class
Misdemeanor, per-day violation
Adopted
Ord. 97-2021, passed 7-20-2021

Summary

In the unincorporated Shoreland District, Carver County bars any structure from being placed on a significant historic site in a way that affects the site's values unless the site's information has first been documented and archived. The Land Management Department enforces this under Chapter 152.

These county ordinances apply to unincorporated areas of Carver County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 152.133 SIGNIFICANT HISTORIC SITES. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (Ord. 97-2021, passed 7-20-21)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).

Full Breakdown

133 protects SIGNIFICANT HISTORIC SITES within the county's Shoreland Overlay District, the zone that runs along the county's rivers, lakes and wetlands in unincorporated territory. 130 (definitions section) as any archaeological site, standing structure, or other property meeting the criteria for eligibility to the National Register of Historic Places, listed in the State Register of Historic Sites, or determined to be an unplatted cemetery under Minn. 08; the code states that all unplatted cemeteries are automatically treated as significant historic sites, and eligibility can also be confirmed by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society.

133 itself is short and direct: no structure may be placed on a site meeting that definition in a manner that affects its values unless adequate information about the site has first been removed and documented in a public repository, meaning a professional survey or salvage record has to be filed before construction can disturb the site. This rule was adopted by Ord. 97-2021, passed July 20, 2021, as part of the county's shoreland management standards. Because it sits inside the Shoreland District subchapter, the protection applies only to land within that overlay, not countywide; the code does not create a separate historic-landmark or cultural-monument commission.

191, and can require a certificate of compliance under Minn. 134(A). Any construction on a significant historic site done without the required documentation is treated as a permit violation reviewed under that same administrative process.

Violations & Fines

Violating § 152.133, or any other shoreland provision in Chapter 152, is a misdemeanor under the chapter-wide penalty at § 152.999(B), punishable as defined by state law, with each day a violation continues counted as a separate offense. The Department, County Board, or County Attorney may pursue prosecution and fines, stop-work orders, notices of violation, after-the-fact permits, corrective-action orders, or injunctive relief under § 152.999(C), and the county can recover cleanup costs through a civil action or certify them as a special property tax assessment.

Frequently Asked Questions

Does Carver County have a historic landmark commission?
No. The code does not establish a separate landmark or cultural-monument commission. Its only cultural-resource protection is § 152.133, which sits inside the Shoreland District chapter and is administered by the Land Management Department alongside ordinary zoning and building permits, not by a preservation board.
Where does the significant historic site protection apply?
Only within the unincorporated Shoreland District, the overlay covering land near the county's public waters. It does not reach every unincorporated parcel countywide, and it has no effect inside incorporated cities, which administer their own separate codes.
What has to happen before building on a protected site?
Under § 152.133, adequate information about the significant historic site must be removed and documented in a public repository before any structure is placed in a way that affects the site's values. In practice this means completing a documentation or salvage record ahead of the building permit.
What counts as a significant historic site here?
Any archaeological site, standing structure, or property eligible for the National Register of Historic Places or listed on the State Register of Historic Sites, plus any unplatted cemetery under Minn. Stat. § 307.08. The code automatically treats every unplatted cemetery as a significant historic site.

Sources & Official References

Other rules in Carver County

All Carver County rules

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