A. DEFINITIONS AND STANDARDS. In the City of Columbus, a Wetlands Zone is defined as:
a. All wetlands described and identified at Types 1,2,3,4,5,6,7 and 8 in the United State Department of the Interior Fish and Wildlife Circular No. 39, 1971 Edition, "Wetlands of the United States," or described and identified pursuant to "Classification of Wetlands and Deepwater Habitats of the United States," (FWS/OBS - 79/31, December, 1979, by Cowardin et al.) as shown on the U.S. Fish and Wildlife Services National Wetlands Inventory Map of 1991.
i. The U.S. Fish and Wildlife Services National Wetlands Inventory Map of 1991 is designated as the Official Wetlands Zone Map for the City of Columbus. The Wetlands Zone shall overlay all established zoning districts so that any parcel of land lying in a Wetlands Zone shall also lie in one or more of the established zoning districts. Lands lying within a Wetlands Zone shall be subject to the requirements established by other applicable ordinances and regulations of the City. Within each Wetlands Zone, all uses shall be permitted in accordance with the regulations for the underlying zoning district, provided that such uses must also satisfy the additional requirements of this ordinance.
ii. The City reserves the right to go beyond the federal definitions shown above, which focus on predominant hydric soils and prevalent hydrophytic vegetation. The Wetlands Zone definitions of this section are the minimum definitions of wetlands for the City of Columbus and are not intended to be the exclusive definitions or delineations of the Wetlands Zone. The Wetlands Zone shall be increased and augmented with data specifically derived from the investigation, identification, evaluation, and delineation of wetlands on any land for which development is proposed.
B. POLICY. It is the policy of the City of Columbus to:
a. Maintain no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands.
b. Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands.
c. Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands.
d. Replace wetland values where avoidance of activity is not feasible or prudent.
e. Accomplish goals of the adopted wetland protection plans provided by watershed districts and/or county.
C. REGULATION. No person may burn, fill, drain, excavate, develop, or otherwise alter the hydrology of a Wetlands Zone without first obtaining a permit from the City. A permit issued pursuant to this Ordinance shall not relieve the permittee of the responsibility of complying with all other laws and ordinances.
a. A proposal to engage in any activity in a Wetlands Zone which is regulated under this ordinance shall be included in the application for a Zoning Permit pursuant to City Code § 7A-301 as well as the following regulatory statutes.
i. The provisions of the Minnesota Wetland Conservation Act (WCA), Minnesota Statutes
ii. §§103G.221 through 103G.2372, and its implementing rules, Minnesota Rules 8420, apply under this section and govern implementation of WCA as well as regulation of non-WCA wetland impacts, except where the City Code provides otherwise.
b. Regulatory exceptions:
i. This section does not regulate alteration of incidental wetlands as defined in Minnesota Rules chapter 8420, as amended. An applicant must demonstrate that the subject wetlands are incidental.
ii. An activity for which a No-Loss decision has been issued under Minnesota Rules chapter 8420 is subject to the applicable requirements of chapter 8420 but not otherwise subject to this section.
iii. Clearing of vegetation, plowing, or pasturing in a Wetlands Zone as part of an existing and ongoing farming operation is not subject to this rule unless the activity results in draining or filling the wetland.
D. LOCAL GOVERNMENT UNIT. The City intends to serve as the "Local Government Unit" (LGU) for administration of the Minnesota Wetland Conservation Act (WCA) within the Sunrise River Watershed Management Organization. WCA shall be administered by Rice Creek Watershed District and Coon Creek Watershed District within their jurisdictional boundary. Pursuant to its regulatory authority under both WCA and watershed law, when the City is serving as the LGU it will require wetland alteration permits for wetland-altering activities both as required by WCA and otherwise as required by this Rule.
a. CRITERIA.
i. When the City is serving as the LGU, it will regulate wetland alterations that are not subject to WCA rules and do not qualify for an exemption at Minnesota Rules 8420.0420 or do not meet the "no-loss" criteria of Minnesota Rules 8420.0415 according to the rules and procedures of WCA, except as specifically provided in this section. Alteration under this paragraph requires replacement at a minimum ratio of 1:1 to ensure no loss of wetland quantity, quality or biological diversity. Replacement activities will be credited consistent with the actions eligible for credit in Minnesota Rules 8420.0526.
ii. The wetland replacement exemptions in Minnesota Rules 8420.0420 are applicable under this section, except as modified within Watershed District 3, as defined in the Rice Creek Watershed District Rule F, Section 6 Comprehensive Wetland Protection and Management Plans.
iii. Alterations in Wetlands Zones for the purposes of wildlife enhancement must be certified by the local Soil and Water Conservation District as compliant with the criteria described in Wildlife Habitat Improvements in Wetlands: Guidance for Soil and Water Conservation Districts and Local Government Units (8420.0420 Exemption Standards, Subp. 9. Wildlife Habitat).
E. ADDITIONAL CITY REQUIREMENTS. In addition to the wetland replacement plan components and procedures in WCA, the following more specific requirements will apply to the City's review of WCA and, except as indicated, non-WCA wetland alterations:
a. Applicants must adequately explain and justify each individual contiguous wetland alteration area in terms of impact avoidance and minimization alternatives considered.
b. Where the wetland alteration is proposed in the context of land subdivision, on-site replacement wetland and buffer areas must:
i. Be located within a platted outlot.
ii. Be protected from future encroachment by a barrier (i.e., stormwater pond, infiltration basin, existing wetland, tree line, fence, trail or another durable physical feature).
iii. Have boundaries posted with signage approved by the City identifying the wetland/buffer protected status. On installation, the applicant must submit a GIS shapefile, or CADD file documenting sign locations.
iv. Comply with vegetated buffer guidelines as outlined in Section 7D-709(I).
c. The upland edge of any new wetland creation must have an irregular and uneven slope. The slope must be no steeper than 8:1 over the initial 25 feet upslope from the projected wetland elevation contour along at least 50 percent of the upland/wetland boundary and no steeper than 5:1 along the remaining 50 percent of the boundary.
d. The City will not allow excess replacement credits to be used for replacement on a different project unless the credits were designated for wetland banking purposes in the original application in accordance with WCA rules and have been deposited into the WCA wetland banking system.
F. COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLANS. Governing standards, regulations, and guidance documents from Watersheds 1, 2, and 3 are incorporated into Section 7D-709. The specific terms of Section 7D-709 will govern, but if a term of Section 7D-709 is susceptible to more than one interpretation, the City will apply the interpretation that best carries out the intent and purposes of the respective Watershed District document as identified in Section 7D-300.
a. PRE-APPLICATION REVIEW.
i. In cases where wetland fill, excavation or draining, wholly or partly, is contemplated, the applicant is encouraged to submit a preliminary concept plan for review by the City before submitting a formal application. The following will be examined during pre- application review:
1. Sequencing (in accordance with WCA and Federal Clean Water Act requirements, reducing the size, scope or density of each individual proposed action, and changing the type of project action to avoid and minimize wetland impacts).
2. Wetland assessment.
3. Applying Better Site Design principles.
4. Integrating buffers and other barriers to protect wetland resources from future impacts.
5. Exploring development code flexibility, including conditional use permits, planned unit development, variances and code revisions.
6. Reviewing wetland stormwater susceptibility (see Section 7D-708 (E)) and coordinating with Watershed District 3 to establish a Wetland Management Corridor (WMC) or work within existing WMCs.
ii. At the pre-application meeting, the applicant shall provide documentation sufficient to assess project alternatives at a concept level and other information as the City specifically requests.
iii. On receipt of a complete application, the City will review and act on the application in accordance with its procedural rules and WCA procedures.
iv. The City shall be consulted on decisions related to replacement plans, exemptions, no-loss, wetland boundaries, and determination of the WMC.
G. WETLAND REPLACEMENT.
a. Replacement plans will be evaluated and implemented in accordance with Minnesota Rules 8420.0325 through 8420.0335, 8420.0500 through 08420.0544 and 8420.0800 through 8420.0820, except that the provisions of this Rule will apply in place of Minnesota Rules 8420.0522, and 8420.0526. The purpose of an approved wetland replacement plan is to limit impact to, and encourage enhancement of, high-priority wetlands and direct unavoidable impact to lower-priority wetlands. In accordance with Minnesota Rules 8420.0515, subpart 10, this principle will guide sequencing, replacement siting, and other elements of replacement plan review. The City will use the methodology of Minnesota Rules 8420.0522, subpart 2 to determine wetland replacement requirements for partially drained wetlands.
b. If not utilizing approved replacement credits, replacement methods must be from the following actions:
i. Wetland Restoration: Hydrologic and vegetative restoration of moderately and severely degraded wetlands, or hydrologic and vegetative restoration of effectively drained, former wetlands.
ii. Wetland Creation: Upland to wetland conversion.
iii. Wetland Protection & Preservation: Protection via conservation easement of wetland previously restored consistent with Minnesota Rules 8420.0526, subpart 6, or restoration or protection of wetland of exceptional natural resource value consistent with Minnesota Rules 8420.0526, subpart 8.
1. Replacement credit for Wetland Protection and Preservation requires that a perpetual Conservation Easement be conveyed to and accepted by the City. The easement must encompass the entire replacement area and must provide for preservation of the wetland's functions by the fee owner and applicant. The applicant must provide a title insurance policy acceptable to the City, naming the City as the insured. The fee owner and the applicant also must grant an access easement in favor of the City, the local government unit and any other state, local or federal regulatory authority that has authorized use of credits from the mitigation site for wetland replacement. The fee owner must record or register these easements on the title for the affected property.
iv. Buffers and/or Vegetative Restoration: Installation of non-invasive dominated buffers around action eligible for credit consistent with guidance provided in SECTION 7D-709(I), and/or a positive shift in the Minnesota Routine Assessment Method (MnRAM) assessment score for "Vegetative Integrity" from "Low" to "Medium" or "High".
1. Replacement credit for Vegetative Restoration may be granted only for wetland communities scoring "Low" for Vegetative Integrity. The City must find that there is a reasonable probability for restoration success.
c. The replacement plan must demonstrate that non-exempt impacts will result in no net loss of wetland hydrological regime, water quality, or wildlife habitat function through a wetland assessment methodology approved by the Minnesota Board of Water & Soil Resources (BWSR) pursuant to the Wetland Conservation Act, Minnesota Statutes §103G.2242.
i. The location and type of wetland replacement will conform as closely as possible to the following standards:
1. No wetland plant community of high or exceptional wildlife habitat function and high or exceptional vegetative integrity, as identified in the required wetland assessment, may be disturbed.
2. No replacement credit will be given for excavation in an upland natural community with Natural Heritage Program rank B or higher, or with identified Endangered, Threatened or Special Concern species.
d. Unless a different standard is stated in the approved replacement or banking plan, the performance standard for upland and wetland restored or created to generate credit is establishment, by the end of the WCA monitoring period, of a medium or high-quality plant community ranking with 80% vegetative coverage consisting of a native, non-invasive species composition.
e. Notwithstanding any provision in this rule to the contrary, for wetland impacts resulting from public drainage system repairs that are exempt from Clean Water Act Section 404 permit requirements but are not exempt from replacement under Section 7D-709(H)(a), replacement may occur subject to the following priority of replacement site sequencing:
i. Within any watershed district whose management plan contains wetland restoration as a means of implementation.
ii. Throughout the state in areas determined to possess less than 80% of pre-settlement wetland acres.
f. A variance from a requirement of Section 7D-709(H) may be granted if the City concurs that the wetland protection afforded will not be less than that resulting from application of standard WCA criteria.
H. WETLAND BANKING.
a. Replacement requirements under Section 7D-709(G) may be satisfied in whole or part by replacement credits generated off-site provided the activity occurred within the same Watershed District and barring any additional restrictions imposed by that District.
b. The deposit of replacement credits created within Watershed Districts 1, 2, and 3 for banking purposes and credit transactions for replacement will occur in accordance with Minnesota Rules 8420.0700 through 8420.0745.
i. The City will calculate the amount of credit in accordance with the standard terms of WCA. This measure of credit will appear in the BWSR wetland banking account.
c. Credits generated under an approved wetland banking plan, inside a contributing Watershed District or its contributing drainage area as specified by that Watershed District, utilized to satisfy wetland replacement requirements will be recognized in accordance with the approved banking plan.
I. VEGETATED BUFFERS. Vegetated buffers are required to be established adjacent to wetlands as described below:
a. Wetland buffers will consist of non-invasive vegetated land; that is not cultivated, cropped, pastured, mowed, fertilized, used as a location for depositing snow removed from roads, driveways or parking lots, subject to the placement of mulch or yard waste, or otherwise disturbed except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, or other actions to maintain or improve buffer or habitat area quality, each as approved in writing by the City. The application must include a vegetation management plan for City approval. For public road authorities, the terms of this subsection will be modified as necessary to accommodate safety and maintenance feasibility needs.
b. Buffer width for development and redevelopment projects must be at least 16.5 feet. Future development projects must maintain a buffer of at least 50 feet of lateral distance from existing High Quality Wetland Zones and must average 50 feet in width while maintaining a minimum of 25 feet in width at all points of inflow for moderately or severely degraded wetlands. The City may reduce the buffer width requirement based on compelling need if the applicant can demonstrate that wetland protection afforded is reasonable given the circumstances.
c. Buffers adjacent to wetlands that are restored, created or preserved for replacement credit must meet the minimum width standards as described in Minnesota Rules 8420.0522, subpart 6.
d. The area of buffer for which replacement credit is granted must not exceed the area of the replacement wetland except and specific to when the buffer is to meet the 50- foot requirement of Section 7D-709(I)(b).
e. No above- or below-ground structure or impervious surface may be placed within a buffer area permanently or temporarily, except as follows:
i. A structure may extend or be suspended above the buffer if the impact of any supports within the buffer or habitat area is negligible, the design allows sufficient light to maintain the species shaded by the structure, and the structure does not otherwise interfere with the function afforded by the buffer.
ii. A public utility, or a structure associated with a public utility, may be located within a buffer on a demonstration that there is no reasonable alternative that avoids or reduces the proposed buffer intrusion. The utility or structure shall minimize the area of permanent vegetative disturbance.
iii. Buffers may enclose a linear surface for non-motorized travel no more than 10 feet in width. The linear surface must be at least 25 feet from the wetland edge. The area of the linear surface will not be eligible for replacement credit. For projects proposing non- motorized travel no more than 10 feet in width, the linear surface may be reduced to less than 25 feet from the wetland edge based on compelling need if the applicant can demonstrate that wetland protection afforded is reasonable given the circumstances.
iv. A stormwater feature that is vegetated consistent with Section 7D-709(K), including Nationwide Urban Runoff Program (NURP) ponds, may be located within buffer and count toward buffer width on site-specific approval.
f. Buffer area is to be indicated by permanent, freestanding markers at the buffer's edge, with a design and text approved by the City. A marker shall be placed at each lot line, with additional markers placed at an interval of no more than 200 feet and as necessary to define variation in a meandering boundary. If a City permit is sought for a subdivision, the monumentation requirement will apply to each lot of record to be created. On public land or right-of-way, the monumentation requirement may be satisfied by the use of markers flush to the ground, breakaway markers of durable material, or a vegetation maintenance plan approved by the City.
g. As a condition of permit issuance under this Rule, a property owner must file on the deed a declaration in a form approved by the City establishing approved vegetated buffer areas adjacent to the delineated wetland edge. The declaration must state that on further subdivision of the property, each subdivided lot of record shall meet the monumentation requirement of Section 7D-709(I)(f). On public land or right-of- way, in place of a recorded declaration, the public owner may execute a written maintenance agreement with the City. The agreement will state that if the land containing the buffer area is conveyed to a private party, the seller must file on the deed a declaration for maintenance in a form approved by the City.
h. Buffers may be disturbed to alter land contours or improve buffer function if the following criteria are met:
i. An erosion control plan is submitted under which alterations are designed and conducted to expose the smallest amount of disturbed ground for the shortest time possible, fill or excavated material is not placed to create an unstable slope, mulches or similar materials are used for temporary soil coverage, and permanent vegetation is established as soon as possible after disturbance is completed.
ii. Wooded buffers and native riparian canopy trees are left intact.
iii. When disturbance is completed, sheet flow characteristics within the buffer area are improved; average slope is not steeper than preexisting average slope or 5:1 (horizontal: vertical), whichever is less steep; preexisting slopes steeper than 5:1 containing dense native vegetation will not require regrading; the top 18 inches of the soil profile is not compacted, has a permeability at least equal to the permeability of the preexisting soil in an uncompacted state and has organic matter content of between five and 15 percent; and habitat diversity and riparian shading are maintained or improved. Any stormwater feature within the buffer will not have exterior slopes greater than 5:1.
iv. A re-vegetation plan is submitted specifying removal of invasive species and establishment of native vegetation suited to the location.
v. A recorded Declaration or, for a public entity, maintenance agreement is submitted stating that, for three years after the project site is stabilized, the property owner will correct erosion, maintain and replace vegetation, and remove invasive species to establish permanent native vegetation according to the re-vegetation plan.
vi. Disturbance is not likely to result in erosion, slope failure or a failure to establish vegetation due to existing or proposed slope, soil type, root structure or construction methods.
i. Material may not be excavated from or placed in a buffer, except for temporary placement of fill or excavated material pursuant to duly-permitted work in the associated wetland.
J. EASEMENT. The property owner must convey to the City and record or register, in a form acceptable to the City, a perpetual, assignable easement granting the City the authority to monitor, modify and maintain hydrologic and vegetative conditions within the Wetlands Zone and buffer adjacent to Wetlands Zones, including the authority to install and maintain structural elements within those areas and reasonable access to those areas to perform authorized activities. The WMC shall be identified and delineated as part of the recorded easement.
K. PARTIAL ABANDONMENT. As a condition of permit issuance, the City may require a property owner to petition the City for partial abandonment of a public drainage system pursuant to Minnesota Statutes §103E.805. A partial abandonment under this Section may not diminish a benefited property owner's right to drainage without the owner's agreement.
L. REQUIRED EXHIBITS. The following exhibits must accompany a permit application for both WCA and non-WCA wetland alterations:
a. SITE PLAN. An applicant must submit a site plan showing:
i. Property lines and delineation of lands under ownership of the applicant.
ii. On-site location of all public and private ditch systems.
iii. Existing and proposed elevation contours, including the existing run out elevation and flow capacity of the wetland outlet, and spoil disposal areas.
iv. Area of Wetlands Zone to be filled, drained, excavated or otherwise altered.
b. WETLAND DELINEATION REPORT. An applicant must submit a copy of a wetland delineation report conforming to a methodology authorized for WCA use and otherwise consistent with BWSR guidance. The following requirements and clarifications apply to submittals of wetland delineation reports to the City and supplement the approved methodology and guidance:
i. Wetland delineations should be conducted and reviewed during the period of May 1 - October 15. The City may accept delineations performed outside this time frame on a case-by-case basis. The City will determine if there is sufficient information in the report and visible in the field at the time to assess the three wetland parameters (hydrophytic vegetation, hydric soils, hydrology) in relation to the placement of the wetland delineation line. If proper assessment of the delineation is not possible, the City may consider the application incomplete until appropriate field verification is possible.
ii. An applicant conducting short- or long-term wetland hydrology monitoring for the purpose of wetland delineation/determination must coordinate with the City prior to initiating the study.
iii. For a project site within row-cropped agricultural areas, the wetland delineation report must include a review of Farm Service Agency aerial slides (if available) for wetland signatures per Guidance for Offsite Hydrology/Wetland Determinations (July 1, 2016), as amended, and Section 404 Clean Water Act or subsequent State-approved guidance. This review is to be considered along with field data and other pertinent information and is not necessarily the only or primary basis for a wetland determination in an agricultural row-cropped area.
iv. The wetland delineation report must follow current BWSR/ACOE Guidance for Submittal of Delineation Reports, and include:
1. Documentation consistent with the 1987 Corps of Engineers Wetlands Delineation Manual and Northcentral and Northeast Regional Supplement.
2. National Wetland Inventory (NWI) map, Soil Survey Map, and Department of Natural Resources (DNR) Protected Waters Map of the area being delineated.
3. Results of a field investigation of all areas indicated as potential wetland by mapping sources including: NWI wetlands, hydric soil units, poorly drained or depressional areas on the Soil Survey Map, and DNR Protected Waters or Wetlands.
4. Classifications of each delineated wetland using the following systems:
• Classification of Wetlands and Deep Water Habitats of the United States (Cowardin et al. 1979)
• Fish and Wildlife Service Circular No. 39 (Shaw and Fredine 1971)
• Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers & Reed, 3rd Edition, 2011).
5. As a condition of City approval of any wetland delineation, applicants shall submit X/Y coordinates (NAD 83 state plane south coordinate system) and a GIS shapefile of the delineated wetland boundaries. All data shall be collected with a Trimble Geoexplorer or equivalent instrument with sub-meter accuracy.
c. WETLAND REPLACEMENT PLAN APPLICATION. An applicant submitting a plan involving a wetland alteration requiring replacement must submit five copies of a replacement plan application and supporting materials conforming to WCA replacement plan application submittal requirements and including the following additional documents.
i. Plan sheet(s) clearly identifying, delineating, and denoting the location and size of each wetland impact area and all replacement actions for credit.
ii. Plan sheet(s) with profile views and construction specifications of each replacement wetland including proposed/estimated normal water level, proposed/estimated boundary of replacement wetland, topsoiling specifications (if any), grading specifications, and wetland/buffer seeding specifications.
d. FUNCTIONS AND VALUES ASSESSMENT. An applicant must submit a before-and-after wetland functions and values assessment using a WCA-accepted methodology.
i. Erosion and sediment control plan in accordance with City Ordinances.
ii. On City request, the applicant will conduct an assessment of protected plant or animal species within the project site, where such assessment is not available from existing sources.
iii. Other project site-specific, submittal requirements as may be required by the City.
[§ 7D-709 amended by Ord. No. 23-04, effective August 10, 2023.]