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)