Subd. 1. Findings, Intent, and Incorporation by Reference.
1. The city has determined that wetlands serve to maintain water quality by filtering water that is discharged into groundwater aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorous and transform nutrients from their inorganic to organic forms, thereby protecting streams and waterbodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable.
2. Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources.
3. The city has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the city exhibit great variations in their floral diversity, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the city has found that it is in the best interest of the general health and welfare of the city to achieve no net loss of wetlands within the community.
4. The city recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the city finds it necessary to require extraordinary measures to prevent such construction related degradation.
5. In addition to having regulations that affect the physical impacts within wetland areas, the city also finds it is necessary to regulate the use of lands surrounding wetlands. Buffer strips (as defined by Section 1001, Rules and Definitions) are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife.
6. This subsection hereby incorporates by reference the Wetland Conservation Act of 1991 (M.S. §§ 103G.221 et seq. (hereinafter referred to as the WCA)) and any future amendments adopted by the Legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this subsection, insofar as they relate to the WCA. All wetlands, as defined in subsection 1001.02, including those governed by the Department of Natural Resources, are covered by the other provisions of this subsection. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in subsection 1002.12, departures from the strict application of these standards may be permitted.
7. It is the intent of this chapter to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland.
Subd. 2. Purpose and Implementation.
1. Through the adoption and enforcement of this subsection, the city shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this subsection, the city seeks to accomplish the following purposes:
a. To satisfy the requirements of the WCA as it may be amended and thereby achieving no net loss of wetlands within the city;
b. To balance the needs 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;
c. To preserve the natural character of the landscape through the maintenance of wetland ecosystems;
d. To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of groundwater, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and
e. To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city.
2. To accomplish these purposes, the city will:
a. Maintain a comprehensive set of official maps identifying the location and classification of all wetlands designated on the National Wetlands Inventory within the city;
b. Establish wetland regulations that are coordinated with floodplain and shoreland protection regulations;
c. Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community;
d. Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs; and
e. Obtain protective easements over or acquire fee title to wetlands as appropriate.
Subd. 3. General Provisions.
1. Identification and Delineation of Wetlands.
a. This subsection shall apply to all land containing wetlands and land within the setback and buffer areas required by this section. 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 subsection 1001.02. The presence or absence of a wetland on the National Wetland Inventory 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 official National Wetlands Inventory Map are still subject to the provisions of this subsection. 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 State 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 subsection.
Subd. 4. General Standards. The following standards apply to all lands within and/or abutting a wetland.
1. Septic and soil absorption systems must be set back a minimum of 75 feet from the city approved boundary of the wetland.
2. The lowest ground floor elevation shall be two feet above the 100-year flood elevation or the ordinary high water mark of public waters regulated by subsection 1004.03, whichever is greater.
3. Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations.
4. The MPCA’s Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process.
5. City inspection schedules and fines for erosion control will double on projects abutting wetlands.
6. Before the city issues a building permit for a lot with a required wetland buffer, the lot owner shall:
a. Record a notice of the wetland buffer requirement against the title to the lot with the office of the County Recorder or Registrar of Titles; and
b. Install the wetland monuments required by Subd. 7 below.
Subd. 5. Wetland Buffer Strips and Setbacks.
1. For lots of record developed after July 20, 2002 and prior to May 25, 2016, a buffer strip of 30 feet shall be maintained abutting all wetlands. The setback and buffer provisions of this chapter shall apply to lots developed or redeveloped on or after May 25, 2016. The city does, however, strongly encourage the use of a wetland buffer and setback on all lots in the city.
2. Fifty-foot 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.
a. Any existing drain tile shall be modified as part of the project to eliminate short circuiting of the buffer strip.
b. New or enhanced buffer strips shall be maintained by the applicant for the later of one year after completion of the project or acceptance by the Director of Public Works.
3. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this section. During the first two years, any buffer vegetation that does not survive must be replanted. After two 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 re-establish the buffer area to meet the standards contained in Subd. 8 below. Buffer strips shall be identified within each lot by permanent monuments approved by the city.
4. 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 in Subd. 6 below.
5. The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography.
6. The 50-foot buffer width and setback shall be measured from the delineated boundary of the wetland and shall apply to structures, roadways, and trails in all zoning districts.
7. Wetland buffer strips not required by this Section may be voluntarily created in conformance with the requirements of this subsection and upon approval of an administrative permit.
8. Example of Buffer and Setback Applied to a Wetland.
Subd. 6. Alternative Wetland Buffer Strips and Setbacks with Extraordinary Management Measures.
1. Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for the reasonable use of the land, the city has developed alternative buffer strip standards that may be applied in these instances.
2. The City Council may approve alternative standards, based on an assessment of the following:
a. Size of the parcel;
b. Existing roads and utilities;
c. Percentage of parcel impacted by wetlands;
d. Configuration of wetlands on the parcel; and
e. Quality of the affected wetland(s).
3. The City Council will evaluate the appropriateness of using the alternative standards as part of its review of a sketch plan. An applicant must receive Council approval through either of these review processes prior to submitting a preliminary plan or plat application that applies the alternative buffer strip standards.
4. In instances where the City Council approves alternative buffer standards, an applicant will be required to apply extraordinary management measures to control erosion, sedimentation, and nutrient loading during and for two years and after construction. The applicant must demonstrate that the proposed measures:
a. Will limit dissolved phosphorous concentration to one milligram per liter (mg/l) or less; and
b. Shall provide equal or improved protection to the resource and provided that the resources total buffer area remains the same.
5. Extraordinary management measures that may be permitted in conjunction with and up-slope from the above buffer strip and setback requirement include, but are not limited to, measures that add redundant protections to normal required best management practices.
6. The applicant shall be responsible to submit all of the necessary information to document that the proposed extraordinary construction and storm water management practices (hereinafter referred to as “Extraordinary Management Practices”) will at least duplicate the performance of the required buffers and setbacks, if not exceed it. The applicant shall also have the burden of proving that the purpose and objectives of this chapter will be met through the use of these extraordinary management practices.
7. The approval of any extraordinary management practices shall be conditioned upon a site improvement performance agreement of this chapter, that includes a binding commitment to the maintenance of the proposed alternative treatments throughout their useful life.
Subd. 7. Monument Required. A monument is required at each lot line where it crosses a wetland buffer with a maximum spacing of 200 feet of wetland edge.
Subd. 8. Buffer Strip Vegetation Performance Standards.
1. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. A buffer strip has acceptable natural vegetation if it:
a. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years;
b. Has an overstory of trees and/or shrubs with at least 80% canopy closure that have been uncultivated or unbroken for at least ten consecutive years; or
c. Contains a mixture of the plant communities described in items 1.a and 1.b above that have been uncultivated or unbroken for at least ten consecutive years.
2. Notwithstanding the above performance standards, the city may determine existing buffer vegetation to be unacceptable if:
a. It is composed of undesirable plant species (including, but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge, and noxious weeds);
b. It is lacking a layer of organic thatch or duff;
c. Has topography that tends to channelize the flow of surface runoff; or
d. For some other reason, it is unlikely to retain nutrients and sediment.
3. Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within ten years of the permit application, such areas shall be re-planted and maintained according to each of the following standards.
a. Buffer zones shall be planted with a seed mix containing 100% perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye.
b. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
c. Native shrubs may be substituted for forbs. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.
d. Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City Code and city policy.
e. Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedlings.
f. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites where deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.
g. All seeded areas shall be mulched immediately with a mulch material approved by the City Engineer. Mulch shall be anchored with a disk or tackifier.
h. Buffer zones (both natural and created) shall be protected by silt fence during construction, and the fence shall remain in place until the area crop is established.
i. Applicants may obtain from the city a set of standard seeding and planting specifications for buffer zones which meet all the city requirements.
4. During the first two years, the developer shall replant any buffer vegetation that does not survive. After two 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 re-establish the buffer area to meet the standards established in this Section.