A. Exemption And No-Loss Determinations: Exemption and no-loss determinations under Minnesota Rules, parts 8420.0210 and 8420.0220 shall be made by the City Administrator. The Administrator may seek the advice of the technical evaluation panel on questions of wetland delineation and type. The Administrator's decision is final unless appealed to the City Council within thirty (30) days.
B. Sequencing And Replacement Plan Decisions: Sequencing and replacement plan decisions under Minnesota Rules, parts 8420.0520 – .0550 shall be made following the same procedures as for special use permits plus the additional notice and time requirements of part 8420.0230. If the amount of wetland to be drained or filled is less than one-tenth (1/10) of an acre, the sequencing determination under Minnesota Rules, part 8420.0520 shall be made by the City Administrator.
C. Monitoring: The City Administrator shall assure that the replacement plan monitoring and enforcement requirements of Minnesota Rules, parts 8420.0600 - .0630 are fulfilled.
D. Wetland Banking: Wetlands may be restored or created within the City for purposes of deposit in the wetland bank in accordance with Minnesota Rules, parts 8420.0700 - .0760. The City is responsible for approving banking plans, certifying deposits and monitoring of banked wetlands and enforcement under the Rules.
E. Appeals: Decisions made under this Chapter may be appealed to the Board of Water and Soil Resources under Minnesota Rules, part 8420.0250, after administrative appeal rights under the official controls have been exhausted.
F. Variances: The City Council may issue variances from the official controls of the City so long as the variances do not vary requirements of the Act or the Rules.
G. Technical Evaluation Panel:
1. The City Council may appoint a person to serve on the technical evaluation panel. The person must be a technical professional with expertise in water resources management.
2. Decisions under this Chapter must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values,location, size, and/or type if the decision maker, the landowner, or a member of the technical panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules, part 8420.0240.
3. The City Council may seek and shall consider recommendations, if any, made by the technical evaluation panel in making replacement decisions. (Ord. 199, 6-22-1994)