(A) This subchapter shall apply to all land containing wetlands and land within the buffer strip and setback areas required by this subchapter. 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” as set forth in § 154.415(A) of this subchapter. Wetlands shall be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will be identified and the wetland classification as maintained by the county as evidence of the location and classification of a wetland. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this subchapter is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of this subchapter. 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. It will be the responsibility of the property owner to pay for all the city’s fees associated with delineation, including but not limited to technical fees, engineering costs and legal fees. 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 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 and its required buffer strip and setback shall be subject to the provisions of this subchapter.
(D) This section establishes wetland classifications as defined in § 154.415(A) of this subchapter.
(Ord. 290, passed 7-7-2020)