(A) Purpose. The purpose of this section is to protect the limited land resources that exist within the city. The real estate that exists within the city limits includes a significant amount of property that is defined as “wetlands” by either the Wetland Conservation Act or the Clean Water Act, and as a result the impacted property is generally unavailable for development. The remaining supply of property within the city that is eligible for development is limited. It is therefore critical for the future growth, livability, economic sustainability and economic development of the city, that this limited supply of developable land be protected.
(B) Authority. The city has wide authority to regulate the uses of property within the city. The legislature recognized in M.S. § 462.351 the importance of the city’s authority to adequately conduct and implement municipal planning. Pursuant to M.S. § 462.351, Subd. 1, the city may regulate the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil, conservation, water supply conservation, and conservation of shorelands.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
WETLAND MITIGATION BANK. The creation, restoration, enhancement, or (in certain circumstances) preservation of wetlands, stream, or other aquatic resource to be sold in exchange for compensation, as permitted under local, state, and federal regulations, to mitigate the unavoidable impacts to aquatic resources caused by an off-site development, redevelopment, or similar project.
(D) Wetland mitigation bank. Wetland mitigation banks made by creation, restoration, enhancement, or preservation are prohibited within the city.
(E) Exception. Nothing in this section shall be construed to prohibit project specific and/or permittee responsible wetland mitigation accomplished through restoration, enhancement, or preservation, provided it is required for part of a development or redevelopment located within the city.
(Ord. 724, passed 6-12-2023)