§ 16.23 GENERAL RULE.
   (a)   No draining or filling of wetlands may occur unless it involves an activity either exempted or with a replacement plan under the provisions of M.S. §§ 103G.221 through 103G.2374, as they may be amended from time to time.
   (b)   No building permits, foundation permits, parking lot permits, grading permits, final development plans, or final site and building plans may be approved or issued until the following documentation has been provided to the city:
      (1)   Submission and approval of a wetland delineation identifying all wetlands on the site utilizing the US Army Corps of Engineers Wetland Delineation Manual (January 1987) and any other requirements of Minnesota Rule 8420 for any wetlands which are to be drained, filled, or potentially altered pursuant to development.
         The may waive the requirement of such documentation in instances where it has determined from aerial photographs, the National Wetlands Inventory, on-site observations or other pertinent information that the site contains no wetlands.
      (2)   Submission and approval of a wetland replacement plan has occurred, if draining, filling, or altering of wetlands is proposed to occur. Such plan must comply with this code, state law and any regulations adopted pursuant thereto;
      (3)   Payment has been made of a plan review fee in the amount as set forth in City Code Appendix A when a WCA wetland mitigation and replacement plan is required; and
      (4)   All elements of any wetland replacement plan have been implemented, or a performance bond or other approved security sufficient in amount to guarantee implementation has been provided to the city.
(Ord. 92-65, passed 12-7-1992; Ord. 97-24, passed 6-16-1997; Ord. 2015-28, passed 11-2-2015; Ord. 2022-40, passed 8-29-2022)