(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The city of Braham, or city designated county and state agencies.
WETLAND(S). Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have three of the following attributes:
(1) A predominance of hydric soils;
(2) Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances, support a prevalence of such vegetation.
WETLAND BUFFER STRIPS. An area of vegetated ground cover abutting a wetland that, either in its natural condition or through intervention, has the characteristics identified in division (A) of this section. This includes areas identified as drainage/utility easements and/or Flood Zones as identified in §§ 152.01 through 152.13 of this code.
(B) The city has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies 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.
(C) 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.
(D) 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 determined that it is necessary and beneficial to classify wetlands based upon their functions and values. The city has also 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.
(E) 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.
(F) In addition to having regulations that affect the physical impacts within wetland areas the city also finds that it is necessary to regulate the use of lands surrounding wetlands. Wetland buffer strips (as defined by division (A)), 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. Wetland buffer strips are also beneficial in providing habitat for wildlife.
(G) This subchapter hereby incorporates by reference the Wetlands Conservation Act of 1991, being M. S. §§ 103G.221 et seq., as it may be amended from time to time, herein after 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 subchapter, insofar as they relate to the WCA. All wetlands, as defined in division (A) of this section, including those governed by the Department of Natural Resources, are covered by the provisions of this subchapter. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable, and in circumstances that meet the established criteria, departures from the strict application of these standards may be permitted.
(H) It is the intent of this subchapter 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, in accordance with the wetland replacement plan requirements outlined in division (A) of this section.
(Ord. 290, passed 7-7-2020)