The purpose of the wetland overlay systems district is to implement the wetland conservation act of 1991 (Minnesota laws, 1991, chapter 354, as amended, supplemented or replaced from time to time) (codified, as amended, at Minnesota statutes sections 103G.222 to 103G.2373 and in other scattered sections) ("WCA") and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended, supplemented or replaced from time to time) ("rules"). (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004; 2005 Code)

This chapter incorporates by reference the wetland conservation act of 1991 (Minnesota laws, 1991, chapter 354, as amended, supplemented or replaced from time to time) (codified, as amended, at Minnesota statutes sections 103G.222 to 103G.2373 and in other scattered sections) and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended, supplemented or replaced from time to time). Terms used in this chapter which are defined in the WCA or the rules shall have the meanings assigned to them therein. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004)

   A.   This chapter shall apply to all land containing wetlands and land within the setback and buffer areas required by this chapter. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.

   B.   A "wetland" is land that meets the definition of "wetlands" set forth in the WCA. The presence or absence of a wetland on the national wetlands inventory map does not represent a definitive determination as to whether a wetland covered by this chapter is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official national wetlands inventory map are still subject to the provisions of this chapter. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the city. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including, but not limited to, topographic, hydrologic, floristic and/or soil data deemed necessary by the city to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. army corps of engineers or the Minnesota board of water and soil resources.

   C.   Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004)

The following standards apply to all lands within and/or abutting a wetland:

   A.   Structure elevations shall meet the criteria in subsection 1000.9D and subsection 4905.22 of this ordinance.

   B.   Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state and federal regulations.

   C.   The MPCA's best management practices shall be followed to avoid erosion and sedimentation during the construction process.

   D.   Before the city issues a building permit for a lot with a required wetland buffer, the lot owner shall:

      1.   Record a notice of the wetland buffer requirement against the title to the lot with the office of the Wright County recorder or registrar of titles; and

      2.   Install the wetland buffer signs required by this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004; Ord. 2004-19, 12-20-2004; Ord. 2009-009, 3-2-2009)

   A.   For lots of record created after July 20, 2000, a buffer strip shall be maintained abutting all wetlands. The setback and buffer provisions of this chapter shall not apply to lots of record created prior to July 20, 2000. The city does, however, strongly encourage the use of a wetland buffer and setback on all lots in the city.

   B.   Thirty foot (30') wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as a proposed development.

   C.   Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this chapter. During the first two (2) years, any buffer vegetation that does not survive must be replanted. After two (2) years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to reestablish the buffer area to meet the standards of this chapter. Buffer strips shall be identified within each lot by permanent monuments approved by the city.

   D.   For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the setbacks and buffer standards established below.

   E.   The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography.

   F.   The thirty foot (30') buffer width and setback shall apply to structures, roadways and trails in all zoning districts.

   G.   Example of buffer applied to a wetland:

 

Also see wetland buffer insert attached to ordinance 2004-04. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004)

Wetland buffer signs are required at each lot line where it crosses a wetland buffer with a maximum spacing of two hundred feet (200') between signs at the wetland edge. Wetland buffer signs shall be mounted to a height of four feet (4') above grade and set at least forty two inches (42") into the ground. Wetland buffer signs shall be mounted on four inch by four inch (4"x4") treated wood posts flush with the top of the posts and fastened with nonremovable screws. Such posts shall be installed to a height of four feet (4') above grade and set at least forty two inches (42") into the ground. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004)

   A.   Buffer strips shall be maintained with native plant material and shall not be mowed, cut or disturbed but left in a natural state.

   B.   If a buffer strip is disturbed, it shall be restored to its previous state with approved seed mixture comparable to MnDOT spec. 3876.2 - mix number 5A at a rate of forty (40) pounds per acre. (Ord. 1988-12, 12-19-1988; amd. Ord. 2004-04, 3-15-2004)

AL849   ch-5100.txt