1. Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to establish a policy of sound stewardship through coordination of regulations that conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands.
2. The intent of this article is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the function and value of the lost or altered wetlands.
3. This article is adopted in part to implement the Wetland Conservation Act of 1991, as amended (M.S. § 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended).
4. This article incorporates by reference the act and the rules. Terms used in this article which are defined in the act or the rules have the meanings given there.

(Ord. No. 449, § 2, 5-14-07)

The purpose of this article is to assure the general health, safety, and welfare of the residents through preservation and conservation of wetlands and sound management of development by:

1. Conducting an inventory and classification of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands.
2. Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan.
3. Requiring sound management practices that will protect, conserve, maintain, enhance and improve the functions and values of wetlands within the community.
4. Requiring measures designed to maintain and improve water quality in streams and lakes.
5. Protecting and enhancing the scenic value of wetlands.
6. Restricting, controlling and mitigating the harmful effects of development on wetlands.
7. Allowing only development that is planned to be compatible with wetland protection and enhancement.
8. Providing standards for the alteration of wetlands when alteration is allowed.
9. Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization.
10. Obtaining protective easements over or acquiring fee title to wetlands as appropriate.

(Ord. No. 449, § 2, 5-14-07)

1. To achieve no net loss of wetland, except as provided under sections 20-417 and 20-418 of this article or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, excavate, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands.
2. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.
3. All activities within the city shall comply with the Wetland Conservation Act of 1991, as amended (M.S. § 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). Where the requirements of City Code differ from those requirements, the more restrictive shall apply.

(Ord. No. 449, § 2, 5-14-07)

1. The city shall maintain the official city wetland inventory, which is hereby adopted by reference. An electronic copy of this map shall be maintained on the city's geographic information system (GIS) database, with both hard and electronic copies being made available for public review upon request.
2. The city wetland inventory shall identify each basin as one of four management categories: Preserve, Manage 1, Manage 2, and Manage 3. These classifications will be determined using Figure 1.1 "Wetland Management Classification Process Flowchart for Basic Wetland Protection" from Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions.
3. The presence or absence of a wetland on the city wetland inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this article is present. Wetlands identified during a site specific delineation, but not identified by the city wetland inventory, are still subject to the provisions of this article.
4. The city wetland inventory does not depict delineated wetland boundaries and shall not be used as such.
5. The city wetland inventory shall be amended to include any wetlands discovered during the site review process.

(Ord. No. 449, § 2, 5-14-07)

1. It is the responsibility of the project applicant to determine whether a wetland exists on a subject property. It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a wetland delineation report. Wetland delineations shall be completed by, or under the direct supervision of, a certified wetland delineator. Three hard copies of the wetland delineation report must be submitted to the city's WCA agent. Additionally, an electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database. Wetland delineations shall be valid for three years. Wetland delineations completed more than three years prior may be confirmed and/or updated by a qualified wetland professional through a site visit and submittal of a summary of the findings, a copy of the old delineation and a map depicting both the original and revised wetland boundaries, where applicable.
2. Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership. However, sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins. The applicant shall review readily available information including, but not limited to, the city wetland inventory, national wetland inventory maps, topographic maps, soil survey maps, and recent and historic aerial photographs in preparing this assessment.

(Ord. No. 449, § 2, 5-14-07)

1. All wetlands delineated under section 20-405 of this article that have not been previously classified shall be classified using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions.
2. A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland. An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland.
3. MnRAM 3.0 assessments have been completed by the city as a component of the city wetland inventory. Applicants, however, may appeal the determination, and submit a request to change the classification. To do so, the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent. The forms must be filled out by a qualified wetland scientist. The WCA agent will consult with the technical evaluation panel to determine if a change in the classification is warranted. In all cases, the burden to demonstrate the need for a change in classification lies with the applicant.

(Ord. No. 449, § 2, 5-14-07)

No person shall drain, excavate in the permanent or semi-permanent flooded areas of open water wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20-417 of this article requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to:

1. Construction of new streets and utilities.
2. Creation of ponds or dams and alterations of the natural drainageways of watercourses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland.
3. Installation of boardwalks and docks. Docks shall meet the additional requirements in section 20-920 Structures, Boats and Waterways of this Code.
4. Discharge of untreated stormwater runoff into wetlands.
5. Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches.

(Ord. No. 449, § 2, 5-14-07; Ord. No. 522, § 6, 5-23-11)

Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit.

(Ord. No. 449, § 2, 5-14-07)

1. A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purposes, intent and other provisions of this article. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation and wetland functions and values, establish required monitoring procedures and maintenance activities, stage the work over time, require the alteration of the site design to ensure buffering, and/or require the provision of a performance security.
2. Any projects seeking a wetland alteration permit subject to this article will be required to submit the following:
   1. A wetland alteration permit application;
   2. A site/grading plan of the entire property;
   3. Existing and proposed drainage areas to wetlands;
   4. A wetland delineation report in accordance with section 20-405;
   5. Wetland classification information in accordance with section 20-406 for each wetland on property;
   6. Buffer strip plan meeting the criteria of subsections 20-411(c) and (d);
   7. Submittals required by the Wetland Conservation Act;
   8. Topographic data;
   9. Other information as required by the city.
3. Decisions made under this article that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules Chapter 8420.0250, after administration appeal rights under the official controls have been exhausted. Staff costs to the city associated with appeals shall be borne by the applicant.
4. The city council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this article must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules Chapter 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. Unless otherwise designated, the city's representative on the technical evaluation panel shall be the WCA agent.
5. The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including, but not limited to those required by watershed districts, Minnesota Department of Natural Resources, United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work.

(Ord. No. 449, § 2, 5-14-07)

1. The following standards apply to all lands within and abutting a wetland:
   1. Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland.
   2. The lowest ground floor elevation of a principal structure is three feet above the 100-year flood elevation of the wetland.
   3. Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit. Wetland crossings must also be in conformance with all other state regulations.
   4. Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark. Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake.
   5. The erosion and sediment control goals and policies within the city's surface water management plan shall be met.
   6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by this Code.
2. When a wetland alteration permit is issued allowing wetland alteration, the following standards shall be followed:
   1. The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland.
   2. It shall be located as to minimize the impact on vegetation.
   3. It shall not adversely change water flow.
   4. The size of the altered area shall be limited to the minimum required for the proposed action.
   5. The disposal of any excess material is prohibited within remaining wetland areas.
   6. The disposal of any excess material shall include proper erosion control and nutrient retention measures.
   7. Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning.
   8. Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland.
   9. Dedicated buffers in accordance with section 20-411.

(Ord. No. 449, § 2, 5-14-07)

1. For lots created on or after May 14, 2007, a buffer strip shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council. Buffer strip vegetation shall be established and maintained in accordance with the following requirements. If the buffer strip is disturbed, native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. A minimum of one wetland buffer monument is required per lot abutting the wetland edge. The maximum spacing between monuments is 300 feet.
2. The following table provides the minimum standards required for each wetland classification.
   
   

   Wetland Classification	Principal Structure Setback from Buffer Edge (feet)	Accessory Structure Setback from Buffer Edge (feet)	Permanent Buffer Strip Minimum Width (feet)	Percent of Buffer Strip in Native Vegetation
   Outstanding	50	50	50	100%
   Preserve	40	20	40	100%
   Manage 1	30	15	25	100%
   Manage 2	30	15	20	Over 50%
   Manage 3	30	15	16.5	Over 50%

   Manage 3 Wetland
   
   
3. For lots created on or after May 14, 2007, principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subsection 20-411(b).
4. If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before May 14, 2007, the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved.
5. For lots of record before May 14, 2007, property owners may establish wetland buffer strips in compliance with subsection 20-411(b) in exchange for a decreased setback for structures. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as the restrictions for activities within the buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication.
   Following the recording of the wetland buffer agreement with the county recorder's office, accessory structures may be placed within the last 20 feet or 50 percent of the existing principal structure wetland setback, whichever is less.
6. In addition to the requirements above, wetland buffer strips for wetland mitigation areas and those counted as public value credit (PVC), shall also conform to the minimum standards as set forth by the Wetland Conservation Act.
7. The locations of buffer strips and wetland setbacks shall be surveyed and included on the certificate of survey. A certificate of occupancy shall not be issued unless this task is completed and approved by city staff.
8. Retaining walls and fences may be located within wetland setbacks. Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips.

(Ord. No. 449, § 2, 5-14-07)

1. Before release of final plat, the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip. The easement must describe the boundaries of the wetland and the wetland buffer strips.
2. Building structures, paving, mowing, introducing non-native vegetation, cutting, filling, dumping, disposing of yard waste, fertilizing, or tampering with the monuments within buffer strips is prohibited.
3. Additional wetland impacts shall not be allowed for the creation of buffer strips.
4. The use of meandering buffer strips to maintain a natural appearance is encouraged.
5. Where roadways are constructed next to a wetland, a buffer strip shall be maintained.
6. Where acceptable natural vegetation exists in a wetland and adjacent buffer strip, the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation. A wetland and/or buffer strip has acceptable vegetation if it is dominated by native tree, shrub, or grass species, and has not been used for agricultural production in the last five years.
7. The WCA agent may deny the use of existing vegetation for the use of buffer strips if:
   1. It is dominated by any species on the state noxious weed list as defined by M.S. § 18.76-18.88. These species include species such as leafy spurge, spotted knapweed, purple loosestrife, and common and glossy buckthorn;
   2. It is present on unstable slopes, has significant bare soil, displays a history of erosion problems, is prone to gully formation, or does not function for sediment and nutrient removal;
   3. Any areas were used for agricultural production in the last five years; or
   4. The buffer strip is disturbed or altered.
8. If an area is deemed to be unacceptable in its current state, a wetland buffer landscaping plan must be submitted to the WCA agent. This plan shall include at a minimum a:
   1. Plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing. Existing buffer strips shall be identified and marked to prevent accidental disturbances.
   2. Specification as to what seed mixture will be used, or what trees and/or shrubs will be planted and their locations.
   3. Verification that all seed stock and tree species are native to Minnesota and are of local ecotypes.
   4. Detailed specification that identifies the project schedule, materials, installation or seeding instructions, and costs.
   5. Maintenance schedule that describes the activities that will occur for at least the first two years. This should include a schedule of mowing and spot spraying for weeds if an area is seeded. Plans that call for periodic burning shall have additional details and must have special permission prior to installation.
   6. Detail of all best management practices (BMPs) and erosion control plans.
   7. Plan identifying the locations of buffer strip markers.
9. The city may, at their discretion, require a cash escrow or letter of credit up to 110 percent of the cost to reestablish the buffer strip should it not be successful, not be maintained, or otherwise require city intervention to maintain the ordinance requirements.

(Ord. No. 449, § 2, 5-14-07)

1. An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or, through imposition of conditions of approval, will comply with all of the requirements of the Wetland Conservation Act.
2. A wetland alteration permit shall not be issued unless the proposed development complies with this article.
3. When a wetland alteration permit is issued allowing wetland alteration, the alteration must be consistent with the city's surface water management plan and the Wetland Conservation Act. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under section 20-417.

(Ord. No. 449, § 2, 5-14-07)

Prior to commencement of a wetland management activity, an administrative wetland permit must be obtained for the activity in accordance with section 20-415.

(Ord. No. 449, § 2, 5-14-07)

1. Applications for administrative wetland permits shall be made on a form supplied by the city. A fee shall be paid as established pursuant to the ordinance adopting fees. The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this article and are consistent with approved and/or accepted wetland management practices.
   
2. At the time of application, a person or company making an application for an administrative wetland permit will be required to supply the following information:
   1. Location of wetland;
   2. Area of wetland to be managed;
   3. Name, address and telephone number of the party responsible for management activity;
   4. Name, address and telephone number of person or persons performing the management activity;
   5. Date of management activity;
   6. A list of the type of management activities to be performed at such time;
   7. An explanation of the rationale for performing the management activity;
   8. Information regarding the management activities being used and their effects on humans, plants and wildlife, especially nontarget species; and
   9. A signed consent from all property owners owning property containing or abutting wetland to be treated.
3. The following activities shall be determined exempt from the provisions listed in subsection 20-415(b):
   1. Federal, state or local government staff or contractors during the course of conducting maintenance activities; and
   2. Metropolitan Mosquito Control District during the course of conducting mosquito control activities.
4. Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in this Code.
5. The WCA agent may deny the administrative wetland permit if it does not comply with subsection 20-415(d), is not in compliance with the Wetland Conservation Act and/or is not consistent with approved and/or accepted wetland management practices.

(Ord. No. 449, § 2, 5-14-07)

1. Mitigation intent. Where a wetland alteration permit is approved and mitigation is required pursuant to city code and the Wetland Conservation Act, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value.
2. Mitigation standards. The functions and values of mitigation wetlands shall be achieved through wetland restoration, creation and/or enhancement. The mitigation standards found in Minnesota Rules Chapter 8420.0550 shall be followed.
   1. Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this article.
   2. Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules Chapter 8420.0541.
   3. Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on-site, or if the city deems it necessary to perform mitigation off-site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank.
3. Construction management and long term wetland maintenance.
   1. The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.
   2. The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen. The purpose of the annual report is to describe actual wetland management, restoration or creation activities completed during the past year as well as activities planned for the upcoming year. The annual report shall include all the information required of annual monitoring reports by Minnesota Rules Chapter 8420.0620 subpart 2.
      The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules Chapter 8420.0610. Submission shall continue for at least five years or until the replacement wetland is deemed by the technical evaluation panel (TEP) to be fully functional. Where feasible, the city shall require the wetland alteration permit holder to satisfy long term management requirements.
4. Mitigation surety. To ensure that the proposed wetland replacement occurs, the city shall hold either a cash escrow or letter of credit equal to 110 percent of the current value of wetland credits on the open market. An additional escrow account shall be established to ensure that the required monitoring occurs. The monitoring escrow shall be set at 110 percent of the current average monitoring expense as performed by an independent consultant. The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed. The remaining escrow amount will be returned and the letter of credit terminated upon completion of the monitoring and approval by the technical evaluation panel (TEP). Any interest earned by holding of a cash escrow shall be the property of the city.
5. Within the Minnehaha Creek Watershed District, 1:1 mitigation is required for excavation within wetlands.

(Ord. No. 449, § 2, 5-14-07)

1. Activities exempted by Minnesota Rules Chapter 8420.0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this article. However, certificates of exemption or no loss must be obtained from the city prior to starting work.
2. A person conducting an activity in a wetland under an exemption shall ensure that:
   1. Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site;
   2. The activity does not block fish activity in a watercourse; and
   3. The activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices as listed in Minnesota Rules Chapter 8420.0112, and water resource protection requirements established under M.S. § 103H.

(Ord. No. 449, § 2, 5-14-07)

Variances from the requirements of this article may be granted in accordance with the variance provisions of article II, division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act.

(Ord. No. 449, § 2, 5-14-07)

1. Unless otherwise specified by the city council, the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application.
2. The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion.
3. If the permittee fails to commence work within the time specified in this section, the permit shall be void. The permittee may make a written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. If the council does not extend the permit, the holder of the void permit may apply for a new permit.

(Ord. No. 449, § 2, 5-14-07)

The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work.

(Ord. No. 449, § 2, 5-14-07)

1. Violation of this article, wetland protection, or of the terms of a permit issued thereunder shall be a misdemeanor.
2. Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee. The city council may require the violator to restore the wetland or take other mitigative measures.

(Ord. No. 449, § 2, 5-14-07)