(Source: Ordinance No. 10-2017, 6-22-2017)

Subd. 1. Preamble. This Code hereby incorporates by reference the Wetlands Conservation Act, Minnesota Statutes Section 103G.221 et seq. (herein after referred to as the WCA), and Minnesota Rules Chapter 8420. All wetlands, as defined in Subdivision 3 of this section, including Public Waters and Public Waters Wetlands governed by Minnesota Statutes Section 103G.005 and those governed by the U.S. Army Corps of Engineers, are covered by this section. Standards outlined in this section have precedence over WCA in situations where this section or other provisions of the City Code are more restrictive than WCA. Each reference in this section to statutes, codes, regulations or rules constitutes a reference to the statute, code, regulation or rule as may be amended from time to time.

The following watershed districts are located in the City:

1.

Lower Minnesota River.

2.

Nine Mile Creek.

3.

Riley Purgatory Bluff Creek.

The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts for purposes of the WCA.

Subd. 2. Purpose. Through the adoption and enforcement of this section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. The intent of this section is to avoid alteration and destruction of wetlands. By implementation of this section, the City seeks to accomplish the following:

1.

Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City;

2.

Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these water features;

3.

Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards; and

4.

Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City.

Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02 of this Code:

Applicant means the person or entity submitting a Development Application to the City.

City Engineer means the City Engineer or their designee.

City Wetland Map means the City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland, lake and stormwater pond conditions change or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland.

Development Application includes but is not limited to an application to the City for land development, site plan review, planned unit development, rezoning, platting, land alteration, wetland alteration, wetland no-loss determination, wetland exemption request, or wetland replacement.

Environmental Coordinator means the City's Environmental Coordinator or their designee.

Joint Wetland Permit Application means an application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Joint Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit, BWSR, the Department of Natural Resources, the Hennepin Conservation District, the U.S. Army Corps of Engineers and the applicable watershed district for review and approval.

Local Government Unit or LGU means a city, town, or watershed management organization as determined in Minnesota Rules 8420.0200.

MnRAM means The Minnesota Routine Assessment Methodology (MnRAM) for Evaluating Wetland Function as developed by the Minnesota Board of Water and Soil Resources. MnRAM is a field tool used to assess wetland functions on a qualitative basis, including vegetative diversity and integrity; wildlife habitat structure; water quality; flood and stormwater attenuation; hydrologic regime; downstream water quality; recreation, aesthetics, educational and cultural resources; fish habitat; amphibian habitat; shoreline protection; ground water interaction; and commercial uses.

Native Vegetation means as defined in Minnesota Rules 8420.0111.

No-Loss Determination means an application to the Local Government Unit to evaluate whether the proposed work will result in a loss of wetland within the property under the factors set forth in Minnesota Rules 8420.0415.

Structure Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip.

Sequencing Flexibility means flexibility in application of the sequencing steps set forth in Minnesota Rules 8420.0520. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative.

Technical Evaluation Panel or TEP means The technical evaluation panel established for and coordinated by a LGU under Minnesota Rules 8420.0240 that assists the LGU in making technical findings and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU, the landowner, or a member of the TEP.

Weeds means as defined in City Code Section 9.71.

Wetland means lands defined as wetlands, a wetland, the wetland, or wetland area in Minnesota Rules 8420.0111.

Wetland Alteration means changes to a wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer strip or their functions.

Wetland Buffer Strip means an area of vegetated ground cover around the perimeter of a wetland. A "Wetland Buffer Strip Evaluation Report" is a report summarizing the results of an evaluation of the wetland and wetland buffer strip in relation to the requirements of Subdivision 11 of this section.

Wetland Delineation means an assessment tool utilized to determine the boundary of a wetland using the boundary determination requirements established in Minnesota Rules Chapter 8420, including any subsequent updates, supplements, and guidance provided by BWSR. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the wetland delineation assessment when wetlands are present on the property.

Wetland Determination means an assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual (January 1987) to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property.

Wetland Plan means a summary of, and estimated cost for, all work items to be completed in relation to any wetland alteration, monitoring, and/or wetland or wetland buffer strip restoration, replacement, or construction. Work items include, but are not limited to, wetland buffer strip monument purchase, replacement, and installation; weed control; landscaping within the wetland or wetland buffer strip; wetland or wetland buffer strip restoration; wetland and wetland buffer strip monitoring; wetland replacement monitoring; or any items determined to be required or incomplete during the development application and review process.

Wetland Replacement means wetland habitat enhancement; wetland creation; restoration of wetland habitat or functions; wetland construction; wetland replacement; wetland banking; wetland buffer habitat creation; or wetland enhancement to replace lost or impacted wetlands or wetland function. A "Wetland Replacement Plan" summarizes the Wetland Alteration and the method by which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420.

Wetlands, Exceptional Quality means wetlands that have an exceptional vegetative diversity and integrity function based on the results of MnRAM. Reference wetlands established in the City's Comprehensive Wetland Protection and Management Plan or Local Water Management Plan are included in this category.

Wetlands, High Quality means wetlands that have a high vegetative diversity and integrity function, based on the results of MnRAM, and are still generally in their natural state. Wetlands created for Wetland Replacement are also included in this category.

Wetlands, Moderate Quality means wetlands that have a moderate vegetative diversity and integrity function based on the results of MnRAM.

Wetlands, Low Quality means wetlands that have a low vegetative diversity and integrity functions based on the results of MnRAM, and have been substantially altered by activities such as agricultural or urban development.

Wetland Type means the wetland type for each water regime or wetland replacement ratio determined in accordance with Minnesota Rules Chapter 8420. Each wetland type, which represents at least ten percent (10%) of the vegetated wetland, including submergent vegetation, must be classified.

Wildlife Habitat means plant communities that support wildlife in a natural, undomesticated state.

Yard means that portion of a lot not occupied by a structure. Yard does not include any wetlands or wetland buffer strips on the lot.

(Source: Ordinance No. 04-2025, § 17, 3-4-2025)

Subd. 4. General Standards.

The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip:

A.

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. Nothing herein shall be construed to allow anything otherwise prohibited in the zoning district in which the wetland is located. This section establishes four (4) wetland classifications as defined in Subdivision 3: exceptional quality, high quality, moderate quality, and low quality.

B.

The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site-specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of this section.

C.

Structures intended to provide access to or across a wetland or a wetland buffer strip shall be prohibited unless a permit is obtained from the City and is in conformance with applicable state statutes, rules, and regulations.

D.

Activities including, but not limited to, wetland alteration, digging, building, paving, mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris, planting of non-native vegetation, and removal of vegetation are prohibited in wetland areas.

E.

Native vegetation plantings, removal of weeds or removal of invasive non-native vegetation requires approval of a Vegetation Management Plan on a form provided by the City.

Subd. 5. General Development Application Requirements.

The following provisions apply to all properties for which a development application has been submitted to the City:

A.

Requirements for wetland identification, delineation, replacement, reporting, no-loss determinations, and financial assurance within areas in which the City is the acting LGU shall be in accordance with the requirements outlined in Subdivision 14 of this section.

B.

Wetlands, wetland buffer strips and wetland replacement areas impacted by land alteration shall be seeded and/or planted in accordance with Subdivision 11 of this section within sixty (60) days of completion of the land alteration. All sodding, seeding or planting must be completed prior to removal of any erosion control measures. If land alteration is completed after the end of the growing season, erosion control measures shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter or during the non-growing season.

C.

Where wetland replacement or a wetland buffer strip is required, the applicant shall complete the following steps before the City releases the final plat or, if there is no plat approval involved, before the City issues the first building permit for the entire subject property:

1.

Submit to the City Engineer and receive the City Engineer's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The conservation easement must describe the boundaries of the wetland and wetland buffer strips; describe monuments and monument locations; and prohibit any structures, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or wetland.

2.

Submit evidence to the City Engineer that the approved conservation easement document has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate, along with a duplicate original of the recorded document.

3.

Submit to the City Engineer and receive City Engineer's approval of a declaration of covenants and restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420.

4.

Submit evidence to the City Engineer that the approved declaration of covenants and restrictions for any wetland replacement has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate.

D.

Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or creeks without the use of pre-treatment methods, such as pre-settlement, infiltration, or filtration. The pre-treatment methods must be approved in writing by the Environmental Coordinator prior to the discharge of any stormwater.

E.

The applicant shall follow the Minnesota Pollution Control Agency's Urban Best Management Practices to avoid erosion and sedimentation during site grading and/or construction. In addition, the applicant shall follow the regulations set forth in City Code Section 11.55 and the watershed district requirements for the area in which the project is located.

Subd. 6. Identification, Evaluation and Delineation Requirements.

A.

Wetland Determination. The applicant shall provide all information required by the City to determine whether a wetland exists on a subject property or within the structure setback from a wetland on an adjacent property. The applicant may submit a request to the Environmental Coordinator with the development application to waive the wetland determination requirement. The Environmental Coordinator shall make a decision on the request in his or her sole discretion. Unless the wetland determination requirement has been waived by the Environmental Coordinator, the following report(s) shall be provided to the City based on site conditions:

1.

No Wetland Determination. If no wetlands are present, the applicant must document site conditions in a Wetland Determination Report that includes evaluation of topography, vegetation, hydrology and soil conditions. If the no wetland determination is approved by the City, no additional documentation is required.

2.

Wetland Delineation. If a wetland(s) is present, the applicant must delineate and document the boundary of the wetland(s) and the wetland type(s) in a Wetland Delineation Report in accordance with City requirements and Minnesota Rules 8420 and must include information necessary for the City to determine the wetland boundary and wetland type, including wetland delineation field data sheets, survey of the wetland evaluation area, soil analysis data, color copies of current and historical aerial photography, vegetation data, hydrology information both within and outside of the proposed wetland boundary, and such other information required by the Environmental Coordinator.

B.

No-Loss Determination. If the applicant is requesting a no-loss determination, the proof necessary to support this request must be provided with the development application.

C.

Wetland Buffer Strip Evaluation. If a wetland(s) is present, the wetland buffer strip conditions must be documented in a Wetland Buffer Strip Evaluation Report and provided with the Wetland Delineation Report in accordance with Subdivision 11 of this section.

D.

Wetland Quality. If a wetland(s) is present, a determination of the function and value of the wetland(s) using the most recent version of MnRAM or other approved assessment methodology under Minnesota Rules Chapter 8420 shall be completed by the applicant and submitted to the Environmental Coordinator with the Wetland Delineation Report.

E.

Non-Growing Season Application Submittals. Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted or completed outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the "Guidance for Submittal of Delineation Reports to the St. Paul District Corps of Engineers (COE) and Wetland Conservation Act Local Units of Government in the State of Minnesota" dated March 4, 2015, unless the vegetation cataloging or hydrology conditions are, in the judgment of the Environmental Coordinator, unreliable.

Approvals may be granted for wetland delineation, Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted during the growing season but submitted during the non-growing season, if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three (3) wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non-growing season, the City will consider the development application incomplete until such time that appropriate field verification is possible. If a MnRAM assessment is not conducted during the growing season or if it is determined to be incomplete, the wetland quality will be assumed as high quality.

Preliminary approval for a wetland determination, wetland delineation, MnRAM, or no-loss determination may be requested during the non-growing season. A request for preliminary approval must be submitted with the development application. Preliminary approvals must be verified by the City during the growing season before any work on the project may commence. The applicant bears all risk that the City may require revisions to the development application due to the fact that the preliminary approval review occurred during the non-growing season.

F.

Off-Site Wetland Delineation Method. An applicant shall not be required to field delineate wetlands on adjacent property. However, an applicant shall complete a review of off-site conditions in accordance with the publication "Guidance for Off-Site Hydrology/Wetland Determinations" from the U.S. Army Corps of Engineers (USACOE) and BWSR dated July 1, 2016. The off-site delineation must also include review of available information, including but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service National Wetland Inventory Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property, to estimate the wetland boundary and wetland type.

G.

Water Body Identification. Prior to submission of the Wetland Determination Report or Wetland Delineation Report, the applicant shall contact the Environmental Coordinator to obtain a wetland or water body identification number and any information regarding the documented wetland, including any existing MnRAM information, for inclusion with documentation provided to the City.

The applicant shall also contact the Environmental Coordinator to obtain a water body identification number for any existing or proposed stormwater pond, stormwater infiltration areas, or wetland replacement areas within the project area.

H.

Wetland Determination Disputes. If the applicant disputes whether a wetland exists or its classification, the applicant has the burden to supply detailed information to the Environmental Coordinator supporting the applicant's position. This information shall include, but is not limited to, historical aerial photography and topographic, hydrologic, floristic, and/or soil data deemed necessary by the City or LGU under the WCA to determine the jurisdictional status of the wetland, its exact boundary, and its classification.

I.

Wetland Delineation, Wetland Determination, No-Loss Determination, and Wetland Buffer Strip Evaluation Reports and Wetland Replacement Plans shall be prepared by a qualified wetland delineator. A qualified wetland delineator shall either be certified in accordance with the certification requirements that are established by the U.S. Army Corps of Engineers and/or BWSR or, in the absence of such certification, as determined to be qualified by the Environmental Coordinator

J.

Wetland Delineation, Wetland Determination, No-Loss Determination and Wetland Buffer Strip Evaluation Reports shall be valid for three (3) years from the date of the field delineation for these reports unless the Environmental Coordinator determines that the report is no longer valid on a sooner date due to changes in site conditions such as in hydrology, soils or vegetation.

Subd. 7. Wetland Alteration and Replacement Requirements.

For development applications involving wetland alteration, the applicant shall comply with the wetland replacement procedures and criteria outlined Minnesota Rules Chapter 8420 and provide the following items to the Environmental Coordinator:

A.

Sequencing Analysis. Written documentation that the sequencing steps set forth in Minnesota Rule 8420.0520 have been met shall be provided with the development application. In following these steps, the applicant must first demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A minimum of three (3) alternative plans must be evaluated, one (1) of which must be a "no-impact" alternative.

B.

Wetland Replacement Analysis. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and the proposed wetland would be located in an area that is to be preserved by a conservation easement or other such instrument. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creation of new wetlands or other methods of wetland replacement.

If impacts cannot be restored or replaced on-site, the applicant must evaluate alternate sites in accordance with the replacement siting and ratio requirements under Minnesota Rules 8420.0522 unless minimum replacement requirements or ratio requirements established by the applicable watershed district or USACOE are greater than the WCA requirements.

C.

Sequencing Flexibility. The applicant may request sequencing flexibility after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and Subdivision 7 of this section. The City, in its discretion, may allow sequencing flexibility after consideration of the factors listed in Minnesota Rules 8420.0520.

D.

Conceptual Wetland Replacement Plans. The applicant shall submit a conceptual Wetland Replacement Plan to the Environmental Coordinator with the development application for any proposed impacts that require replacement under WCA or USACOE regulatory programs. The Applicant shall contact the Environmental Coordinator to obtain a water body identification number for use in the Wetland Replacement Plan for any replacement wetlands constructed within the City.

E.

Final Wetland Replacement Plans. The applicant shall submit a final Wetland Replacement Plan to the Environmental Coordinator for review and approval by the Environmental Coordinator prior to submission of the development plans to the City Council for review and approval or, if development plans are not submitted to the City Council, prior to issuance of a building permit for the property, unless otherwise approved in writing by the Environmental Coordinator.

Subd. 8. Reporting Requirements. For development applications with wetlands or wetland buffers present or projects involving Wetland Alterations, the following are required:

A.

An Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") is required if a wetland or any wetland buffer required by this section is located on the subject property. The Annual Buffer Report shall include items such as an evaluation of the conditions of the wetland(s) and wetland buffer strip(s), the results of any monitoring conducted onsite, the integrity of the monuments installed and a plan for resolving any insufficiencies including any information the Environmental Coordinator specifically requests. If an Annual Buffer Report is required, the landowner or the developer shall submit an executed contract with a qualified wetland consultant, as approved by the Environmental Coordinator, who will prepare the Annual Buffer Report prior to release of the final plat for any portion of the subject property, or if there is no plat, prior to issuance of a building permit for the property. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified.

The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction, preparation, grading, seeding, planting and/or monumentation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, the report shall be submitted by November 1 of each year until two (2) full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and/or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements.

If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the developer shall correct the area(s) identified within ninety (90) days of submission of the Report, or by June 15 of the following year if submitted during the non-growing season. Documentation that all work has been completed shall be provided to the Environmental Coordinator.

B.

Wetland Replacement Monitoring Reports are due by December 1 of each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel. The Wetland Replacement Monitoring Report shall document that the standards outlined in Minnesota Rules Chapter 8420.0522 and Subdivision 14 of this section have been met.

C.

All reports submitted for review shall be provided in electronic (PDF) format in color. All maps in PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail that all features are legible.

Subd. 9. Wetland Buffer Strip and Setback Requirements.

A.

For a lot of record or a development application approved by the City Council after February 1, 2000, the applicant shall maintain a wetland buffer strip around the perimeter of all wetlands, including those constructed as part of a Wetland Replacement Plan. The structure setback and wetland buffer strip provisions of this section shall not apply to a lot of record as of February 1, 2000, although the City strongly encourages the use of a wetland buffer strip and setback on all lots in the City. In addition, any property located in the Lower Minnesota River, Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall comply with any buffer and setback requirements imposed by the districts.

B.

Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland is on the same parcel for which the development application has been submitted. For parcels on which the wetland is on an adjacent parcel, the wetland buffer strip and structure setback requirements for the subject parcel shall be reduced by the distance between the property line of the parcel and the wetland on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation.

C.

The applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements of Subdivision 11 of this section. Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the Environmental Coordinator in accordance with Subdivision 10 of this section.

D.

Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed from a wetland buffer strip provided that a Vegetation Management Plan is submitted to the Environmental Coordinator on a form provided by the City for review and written approval. The Vegetation Management Plan shall comply with the wetland and wetland buffer strip standards found in Subdivision 11 of this section or as required by the Environmental Coordinator.

E.

All structures, including retaining walls, roadways and trails, shall meet the structure setback and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance shall be incorporated where feasible.

F.

Filling a wetland to create a wetland buffer strip is prohibited.

G.

Trails that are intended to serve an interpretive function, as determined by the Environmental Coordinator, are exempted from the wetland buffer and structure setback requirement.

H.

An existing structure, driveway or parking area shall be considered a non-conforming use if a later WCA delineation shows that the wetland is closer to the structure than the required wetland buffer or structure setback.

Table 1 - Wetland Buffer Strips and Structure Setbacks

Subd. 10. Monumentation. A monument is required at each lot line where it crosses a wetland buffer strip and shall have a maximum spacing of two hundred (200) feet along the edge of the wetland buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required, monuments shall be placed at the wetland boundary.

The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the Environmental Coordinator. The post shall be a minimum of 2.25 inches wide and six feet inches long (2.25" x 6.5'). The sign shall have a minimum size of three inches by eight inches (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statements "Conservation Easement: No Mowing Allowed" and "Wetland and buffers filter pollutants, reduce flooding and provide habitat" or other statement approved in writing by the Environmental Coordinator. The post shall be mounted to a height of four (4) feet above grade and set at least two and one-half (2½) feet in the ground.

Monuments may be waived in unusual circumstances where the Environmental Coordinator determines that such signs would not serve a practical purpose.

Subd. 11. Vegetation Performance Standards.

A.

Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives written approval from the Environmental Coordinator or any other agency which may regulate the removal or replacement of such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it:

1.

Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five (5) consecutive years, or

2.

Has an overstory of trees and/or shrubs with at least eighty (80) percent canopy closure that have been uncultivated or unbroken for at least five (5) consecutive years, or

3.

Contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least 5 consecutive years.

B.

Notwithstanding the performance standards set forth above, the Environmental Coordinator may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer:

1.

Is composed of weeds (including, but not limited to common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes Section 18.76—18.88), or

2.

Has topography that tends to channelize the flow of surface runoff, or

3.

For some other reason is unlikely to retain nutrients and sediment.

C.

Areas with unacceptable vegetation shall be re-graded, re-seeded and/or re-planted as needed and maintained in accordance with this Subdivision 11. The wetland, wetland replacement and wetland buffer strip planting requirements must be included in the Wetland Delineation Report, Wetland Buffer Strip Evaluation Report or Wetland Replacement Plan Monitoring Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip landscaping shall be according to the following standards:

1.

Wetland buffer strips shall be planted with a diverse native, non-invasive seed mix appropriate for the specific site conditions that contains one hundred (100) percent perennial native vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye may be included.

2.

Seed mix used shall be a BWSR-approved seed mix appropriate for the area requiring reseeding or other alternative pre-approved in writing by the Environmental Coordinator. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre-approved alternative.

3.

Native shrubs may be substituted for the native seed mix where appropriate. All substitutions must be pre-approved in writing by the Environmental Coordinator. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.

4.

Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are independent of landscaping required elsewhere by the City Code.

5.

Native prairie grasses and forbs shall be seeded or planted by a qualified contractor in accordance with "Native Vegetation Establishment and Enhancement Guidelines" (published June 2016 by BWSR) or other alternate method pre-approved by the Environmental Coordinator. Determination of the contractor's qualifications shall be made by the Environmental Coordinator. It is the responsibility of the applicant to have the contractor and method used approved by the Environmental Coordinator prior to planting or seeding.

6.

No fertilizer shall be used in establishing new wetland buffer strips, except when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the Environmental Coordinator.

7.

All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half (1½) tons per acre. Mulch shall be anchored with a disk or tackifier.

8.

Wetland, wetland replacement and wetland buffer strip areas (both natural and created), shall be protected by erosion control during construction in accordance with City Code Section 11.55.

9.

The erosion control shall remain in place until the cover crop is established.

D.

The applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements of this section, both during development and for two (2) full growing seasons after completion of the development. During this time, the applicant shall replant or reseed any wetland and/or wetland buffer strip vegetation that does not survive.

E.

After the second full growing season following completion of the development, if the condition of the wetland and/or wetland buffer strip diminishes, the applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in this Subdivision 11. However, wetlands created for wetland replacement must be monitored and maintained by the applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by Subdivision 14 of this section and Minnesota Rules Chapter 8420.

After such times, the owner of the property on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland, wetland alteration, wetland replacement and/or wetland buffer strip areas and shall:

1.

Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing, cutting, grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan.

2.

Maintain only vegetation permitted in the Vegetation Management Plan or as found in this Subdivision 11 in the wetland and wetland buffer strip, including the removal of all weeds, unless allowed otherwise in writing by the Environmental Coordinator.

3.

Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion.

4.

Maintain the wetland and wetland buffer strip as a "no mow" area.

Subd. 12. Encroachment in Required Setback and Wetland Buffer Strip Areas.

A.

Wetlands and wetland buffer strips shall be kept free of all structures.

B.

A maximum of ten percent (10%) of the structure setback area may be occupied by any structures.

C.

Wetlands and wetland buffer strips shall not be mowed, chemically treated or otherwise altered except as approved by the Environmental Coordinator after submission of a Vegetation Management Plan.

D.

Variances and Waivers.

1.

Only variances meeting the standards and criteria set forth in Section 11.76 of this Code and waivers approved pursuant to Section 11.40 of this Code for a Planned Unit Development (PUD) process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Planning Commission and the City Council.

2.

Variances or waivers shall not be granted which would violate state law or rule or circumvent the intent and purposes of this section or Minnesota Rules 8420.

Subd. 13. Financial Assurance Required. If a development application includes wetland alteration, wetland or wetland buffer strip landscaping, or construction of a wetland buffer strip, the applicant shall file with the Environmental Coordinator prior to release of the final plat, or, if there is no plat approval involved, prior to the first building permit issued for the entire subject property, a performance bond, cash escrow, or letter of credit with a corporation approved by the Environmental Coordinator, as surety thereon, or other guarantee acceptable to the Environmental Coordinator and in an amount determined by the Environmental Coordinator as set forth below ("Financial Assurance"). Financial Assurance requirements for Development Applications for areas where the City is the LGU are set forth in Subdivision 14 of this section.

A.

Amount. The amount of the Financial Assurance shall be for no less than one and one-half (1½) times the amount estimated by the Environmental Coordinator as the cost of completing a wetland plan for monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip.

B.

Schedule. The Financial Assurance for the wetland plan must cover two (2) complete growing seasons following completion of the development and full and final restoration of all corrective actions identified in the Final Annual Report and shall be conditioned upon complete and satisfactory implementation of the approved Wetland Plan or Vegetation Management Plan and final inspection and approval of the wetland and wetland buffer strip by the City.

C.

Submissions. With the Financial Assurance, the applicant shall provide to the Environmental Coordinator a copy of a signed contract with an environmental consultant to monitor construction activities and annual compliance and certify final completion of the wetland, wetland buffer strip and wetland replacement requirements.

D.

Form of Application. The Financial Assurance shall be posted within 10 days of approval of the development application and prior to the commencement of the work or the preparations thereof.

Subd. 14. Special Requirements for Wetland Conservation Act (WCA) Services. The following provisions apply to areas for which the City is the LGU for WCA. All survey information shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88).

A.

Wetland Evaluation/Wetland Determination Review. Applications for WCA review must include a report documenting site conditions; wetland delineation and/or determination review procedures; a statement as to whether wetlands are present on site; a statement as to whether an exemption is requested; and whether work is proposed which will result in a loss or alteration of wetland. Reports must be prepared in accordance with the following paragraph B.

B.

Wetland Delineation, Wetland Determination, Wetland Exemption and No-Loss Determination Review Application. The applicant shall complete and file with the Environmental Coordinator an "Application for Review of Wetland Determinations" in the form required by the Environmental Coordinator ("Review Application"). The Review Application, including the following information, must be filed with the Environmental Coordinator a minimum of one (1) week prior to scheduling a field review by the Environmental Coordinator:

1.

One (1) print copy and one (1) electronic (PDF) version in color of the Wetland Delineation Report, Wetland Determination Report, Wetland Exemption Report, and/or No-Loss Determination Report. All maps in the PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail so all features are legible;

2.

Scaled public land survey map of the wetland delineation and boundary, transect locations and sample points;

3.

Survey data in a format compatible with ArcView software;

4.

A minimum of two (2) wetland field data forms per wetland representing the wetland parameters at two (2) locations along with a data form documenting upland conditions at each location;

5.

Such other information as required by the Environmental Coordinator or Minnesota Rules 8420.

An applicant may request an exemption or no-loss determination in accordance with the provisions of Minnesota Rules 8420.

C.

Wetland Alteration Application Requirements. Wetland Alteration, including constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially, by any person, requires submission of a Joint Wetland Permit Application in addition to the Review Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0420, any alteration to a wetland must result in a zero net loss.

D.

Wetland Replacement Plan Application. The Joint Wetland Permit Application and the Review Application (together, the "Wetland Replacement Plan Application") shall be made in writing to the City. The Wetland Replacement Plan Application shall set forth the location and plan for the proposed project. The applicant must provide one (1) printed and one (1) electronic (PDF) version in color (all maps in PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail so all features are legible). The Wetland Replacement Plan Application, including the following information, shall be filed with the Environmental Coordinator a minimum of two (2) weeks prior to scheduling a Technical Evaluation Panel review with the Environmental Coordinator. The Wetland Replacement Plan Application must include:

1.

The name and address of the owner(s) of the land where the project will occur.

2.

The estimated period of time within which the project will be conducted.

3.

A topographic map of the proposed project area(s) to a minimum scale of one (1) inch equals fifty (50) feet showing existing ground elevation contours at two-foot intervals. The map shall show:

a.

The size and location of the wetland in relation to the property boundaries, including a scaled public land survey with the coordinates of the approximate wetland center and sample locations.

b.

The property and a minimum of fifty (50) feet of land abutting the property, as it existed prior to the proposed land alteration.

c.

The proposed ground elevation contours at two-foot intervals on the property when the land alteration is completed.

d.

Locations of any surface inlets or outlets draining into or out of the wetlands.

e.

Pre- and post-drainage areas for all existing and proposed wetlands.

f.

Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans.

g.

Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software.

4.

The wetland type of all existing and proposed wetlands, including a comparison to the Eggers and Reed "Wetland Plant Community Types" document.

5.

Recent color aerial photograph of the proposed impact area.

6.

Grading plan of the proposed project area(s) to a minimum scale of one inch equals fifty (50) feet (1" = 50') prepared by a registered professional engineer that includes appropriate drainage areas and drainage calculations, proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours, for any control structures must be included on the plans.

7.

Landscaping or revegetation plan at the same scale as the topographic map.

8.

Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement plans and to determine the amount and types of wetland to be impacted.

9.

Such other information as required by the City or by Minnesota Rules 8420 for application procedures.

E.

Wetland Replacement Plan Approval. Wetland Replacement Plan Applications shall be subject to the approval by the Environmental Coordinator. If the Environmental Coordinator determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland, he or she shall deny the Wetland Replacement Plan Application.

The Environmental Coordinator shall make his or her decision regarding the Wetland Replacement Plan Application in accordance with Minnesota Statutes Section 15.99, Subdivision 3.

Approval of the Wetland Replacement Plan Application shall be valid for a period of no more than three (3) years. If the work has not begun within three (3) years of the date of approval of the Application, the approval shall be void.

Approval of an application for wetland alteration and/or wetland replacement does not exempt the applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer.

F.

Wetland Replacement Annual Reports. Annual reports shall be prepared in accordance with Minnesota Rules 8420.0810 and shall include the following information:

1.

Reference photographs taken within four (4) weeks of completion of the grading and within four (4) weeks of completion of the landscaping;

2.

A description of activities completed in the current year;

3.

A list of activities planned for the following year;

4.

As-built plans (for the first year only) to a minimum scale of one inch equals fifty (50) feet (1" = 50') showing existing ground elevation contours at two-foot intervals;

5.

A comparison of actual conditions with the as-built specifications and proposed plans;

6.

Monthly hydrology measurements from April through October;

7.

A list of vegetation that have ten percent (10%) coverage or more;

8.

A comparison of proposed versus actual wetland types within the wetland and wetland replacement areas;

9.

Map of the plant communities within the wetland, wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan;

10.

Monthly color photographs from the photographic reference points from April to October; and

11.

All information required by Minnesota Rules 8420 for wetland replacement reporting.

If the City does not receive either: 1) an annual monitoring report; or 2) notification that the report will be provided prior to December 31 of each monitoring year, the City will charge the applicant for costs incurred by the City, including staff time, to collect the information needed to complete the Wetland Replacement Annual Report.

G.

Fees. Submission of requests for wetland determinations, sequencing flexibility, wetland delineation reviews, no-loss determinations, field or technical reviews of current or historic wetland and/or wetland buffer conditions, or an application for a Wetland Replacement Plan shall be accompanied by a non-refundable application fee and a cash deposit in such amounts as determined by the City Council and fixed by ordinance. The cash deposit, or a portion thereof, will be refunded after completion of City review and approval of the submittal, unless the total sum is greater than the administrative review cost. Costs may include, but are not limited to:

1.

Consultant fees assisting in City review, providing technical assistance or other services required to meet WCA requirements;

2.

City staff time expended in review, approval and processing of the request or application or other services required to meet WCA requirements;

3.

Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings;

4.

Mailings, legal notices, and other administrative costs; and

5.

Any other reasonable costs incurred by the City in review of the proposal.

Full payment of the fees and cash deposit must be made by the applicant prior to consideration of the request. All costs incurred by the City greater than the cash deposit balance will be billed to the applicant.

H.

Financial Assurance. The amount of the Financial Assurance required in Subdivision 13 of this section shall include costs associated with City and WCA requirements for wetland alteration or wetland replacement projects, including but not limited to construction, seeding, planting, monument installation and annual monitoring. The Financial Assurance shall be retained by the City until either (i) approval of the project as final by the Environmental Coordinator; or (ii) a minimum period of five (5) years. The Financial Assurance must include costs associated with re-grading or purchase of off-site wetland replacement if on-site wetland replacement is unsuccessful. The Financial Assurance shall be extended beyond the required monitoring period for up to an additional five-year period if, in the written opinion of the Technical Evaluation Panel, the goal of the replacement plan has not been achieved but may be achieved with more time. The amount of security shall be one hundred fifty percent (150%) of the estimated cost to complete the scope of work associated with the Wetland Plan and/or Wetland Replacement Plan.

I.

Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide issued by BWSR.

Subd. 15. Submissions, Decisions, and Appeals.

A.

All applications, information, analyses and reports required by this section shall be in the form required by the City and shall be submitted to the Environmental Coordinator by the applicant in conjunction with the submission of the development application.

B.

All applications, information, analyses and reports required by this section shall be subject to review and approval by the Environmental Coordinator in accordance with the procedures set forth in Minnesota Rules 8420.0255. Applicants shall be notified of the decision of the Environmental Coordinator in writing, which shall be mailed to the address listed on the Application for Review of Wetland Determinations. All decisions made by the Environmental Coordinator are final unless a timely appeal is filed with the City Council.

C.

All decisions made by the Environmental Coordinator may be appealed to the City Council in accordance with Minnesota Rules 8420.0905. The appeal must be in writing, must be accompanied by payment of all applicable fees, and must be filed with the City Engineer within 30 days of the date the written notice of the decision is sent. The City Council shall make a ruling on the appeal within 30 days of the date of the filing of the appeal unless the City Council and the appellant mutually agree in writing to an extension.

D.

A decision of the City Council may be appealed to BWSR pursuant to Minnesota Rules 8420.0905.

E.

An applicant proceeds at its own risk if it proceeds with work that has not been approved while an appeal is pending. If the decision is granted or revised on appeal, the applicant is responsible for restoring and replacing all wetland impacts inconsistent with the final decision.

Subd. 16. Enforcement and Remedy. In addition to the remedy provided for in City Code Section 11.99, the provisions of this section may be enforced in accordance with Minnesota Rule 8420.0900, or any other remedy provided for in law or equity.