(A) Purpose. It is the intent of the City of Jordan to:
(1) Achieve no net loss of wetlands, in conformance with the Minnesota Wetland Conservation Act (WCA) and associated rules (Minnesota Rules 8420).
(2) Encourage wetland avoidance for all new developments and land disturbing activities.
(3) Require mitigation of unavoidable wetland disturbance by replacing the lost wetland functions and values in the same major watershed with a wetland of equal or greater value.
(4) Require transportation projects to pursue wetland mitigation projects to the extent practical along the transportation corridor. (This does not preclude the use of the BWSR Replacement Program.)
(5) Identify and preserve wetlands for water retention, recharge, soil conservation, wildlife habitat, aesthetics, and natural enhancement of water quality.
(6) Manage changes in volume and quality of local stormwater systems to minimize negative impacts to existing wetland functions, value, or biological diversity.
(B) Regulation.
(1) No person or political subdivision shall drain, fill, excavate, or otherwise alter a wetland or public waters wetland without first obtaining the approval of a wetland replacement plan from the City of Jordan.
(2) For any parcel created or redeveloped after August 9, 2006, a buffer shall be maintained around the perimeter of all wetlands and public waters wetlands. The buffer provisions of this section
shall not apply to any parcel of record as of August 9, 2006 until such parcel is subdivided or land disturbing activities commence.
(3) The buffer portions of this rule do not apply to any wetland or public waters wetland with a surface area equal to or less than the area of wetland impact allowed without replacement as de minimus under the WCA, and to those portions of wetlands that shall be filled under approved wetland replacement plans per the WCA.
(C) Criteria.
(1) Any drainage, filling, excavation or other alteration of a public waters wetland or wetland shall be conducted in compliance with M.S. § 103G.245, the WCA, and regulations adopted thereunder.
(2) A public waters wetland or wetland may be used for stormwater storage and treatment only if the use shall not adversely affect the function and public value of the wetland as determined by the City of Jordan.
(3) Wetland replacement/mitigation siting shall follow the priority order below:
(a) Mitigation on-site;
(b) Mitigation within the same minor watershed boundary;
(c) Mitigation within the major watershed boundary;
(d) Mitigation within Scott County; and
(e) Mitigation within the same regional watershed boundary.
(D) Functional assessment.
(1) A wetlands functional assessment for vegetative diversity shall be completed with each wetland, and public waters wetlands, delineated for a project and buffers established according to the following table. The functional assessment and wetland rankings shall be determined using the Minnesota Routine Assessment Method version 3.0 (MnRAM 3.0, as amended). Rankings are summarized as follows.
Buffer Requirement | Exceptional | High | Medium | Low | Stormwater Ponds |
Average Buffer Width | 65 feet | 50 feet | 35 feet | 25 feet | 0 |
Minimum Buffer Width | 25 feet | 25 feet | 25 feet | 25 feet | 0* |
*Shall have a building setback of 10 feet from the edge of undisturbed wetland buffer.
(a) "Exceptional" wetland – are wetlands assigned the exceptional rating using MnRAM 3.0 for evaluating wetland functions. These wetlands are most susceptible to human impacts, are most unique, have the highest community resources significance such as rare species habitats, and similar characteristics.
(b) "High" wetland – are wetlands assigned the high rating using MnRAM 3.0 for evaluating wetland functions. These wetlands are relatively undisturbed but exhibit evidence of more disturbance or degradation than exceptional wetlands. High wetlands have conditions and functions that are susceptible to human impacts, are connected to other wetlands or watercourses, and may contain locally significant or rare wetland types.
(c) "Moderate" wetlands – are wetlands assigned a moderate rating using MnRAM 3.0 for evaluating wetland functions. These wetlands typically provide a diversity of habitats, and are connected to other wetland or upland habitats to provide wildlife habitat.
(d) "Low" wetlands – are wetlands assigned a low rating using the MnRAM 3.0 for evaluating wetland functions. These wetlands tend to be less susceptible to further impacts than the other wetland management classifications. They also have low diversity and connectivity to other wetlands and watercourses.
(E) Stormwater ponds. Stormwater ponds are designated strictly for treating and retaining stormwater.
(1) All structures shall have a minimum setback of 35 feet from the delineated edge of wetlands and public waters wetlands.
(2) The first 25 feet of buffer as measured from the wetland or public waters wetland cannot be disturbed during project construction (i.e., cleared or graded, except for temporary disturbances for public roads and utility construction) and shall be protected from disturbance with temporary fencing prior to construction. Vegetation can be replaced and site soils preparation work completed within this first 25 feet if necessary to establish acceptable vegetation in accordance with division (F) of this section.
(3) Buffers shall apply whether or not the wetland or public waters wetland is on the same parcel as a proposed development. An applicant shall delineate the boundary for any wetland or public waters wetland on the project land. An applicant shall not be required to delineate wetlands on adjacent property, but shall review available information to estimate the wetland boundary.
(F) Vegetation. Buffer vegetation shall be established and maintained as follows:
(1) Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives approval from the City of Jordan to replace such vegetation. A buffer has acceptable natural vegetation if it:
(a) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least 5 consecutive years;
(b) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least 5 consecutive years; or
(c) Contains a mixture of the plant communities described in this division (F), above that has been uncultivated or unbroken for at least 5 years.
(2) Notwithstanding the performance standards set forth in § 154.335(F)(1), the City of Jordan may determine existing buffer vegetation unacceptable if:
(a) It is composed of undesirable plant species including but not limited to common buckthorn, purple loosestrife, leafy spurge, or noxious weeds;
(b) It resides on topography that tends to channelize the flow of runoff; or
(c) For some other reason it is unlikely to retain nutrients and sediment.
(3) Where buffers are not vegetated or have been cultivated or otherwise disturbed within 5 years of the surface water management permit application, such areas shall be replanted and maintained by the applicant. The buffer plantings shall be identified on the surface water management permit application. The buffer landscaping shall comply with the following standards:
(a) Buffers shall be planted with a seed mix approved by MnDOT, BWSR, NRCS, or SWCD, with the exception of a 1-time planting with an annual nurse or cover crop such as oats or rye.
(b) The seed mix shall be broadcast according to MnDOT, BWSR, NRCS, or SWCD specifications for the selected mix. The annual nurse cover crop shall be applied at a minimum rate of 30 pounds per acre. The MnDOT, BWSR, or NRCS seed mix selected for permanent cover shall be appropriate for the soil site conditions and free of invasive species.
(c) Native shrubs may be substituted for native forbs. All substitutions shall be approved by the City of Jordan. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.
(d) Any groundcover or shrub plantings installed within the buffer shall be considered independent of any landscaping required elsewhere by the City of Jordan.
(e) Grasses and forbs shall be seeded or planted using a method of application that shall be approved by the City of Jordan prior to planting or seeding.
(f) No fertilizer shall be used in establishing new buffers, except on highly disturbed sites when necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil-testing laboratory.
(g) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be certified, weed free and anchored with a disk or tackifier.
(h) Buffers (both natural and created) shall be protected by erosion and sediment control measures during construction in accordance with § 154.336. The erosion and sediment control measures shall remain in place until the area crop is established.
(4) Buffer vegetation shall be established and maintained in accordance with the requirements found in this division (F). During the first 2 full growing seasons, the owner shall replant any buffer vegetation that does not survive. The applicant shall be responsible for reseeding or replanting if the buffer changes at any time through human intervention or activities. At a minimum the buffer shall be maintained as a "no mow' area.
(G) Requirements. When a buffer is required the applicant shall, as a condition of issuance of a surface water management permit:
(1) Submit to the City of Jordan for its approval, a conservation easement for protection of approved buffers, or include the buffer in a dedicated outlot as part of platting and subdivision approval. The easement shall describe the boundaries of the wetland or public waters wetland and buffer, identify the monuments and monument locations, and prohibit any of the alterations set forth in division (H), below, and the removal of the buffer monuments within the buffer, wetland, or public waters wetland. Outlot descriptions shall provide for an equivalent level of protection of the buffer and prohibit any alterations set forth in division (H), below;
(2) File the approved easement for record and submit evidence thereof to the City of Jordan, or complete preliminary and final plats including dedicated outlot(s); and
(3) Install the monumentation required by division (I), below.
(H) Activities.
(1) Alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application, are prohibited within any buffer. Noxious vegetation, such as European buckthorn, purple loosestrife, and reed canary grass, may be removed. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards.
(2) The following activities shall be permitted within any buffer, and shall not constitute prohibited alterations under division (H)(1), above:
(a) Use and maintenance of an unimproved access strip through the buffer, not more than 20 feet in width, for recreational access to the watercourse or wetland and the exercise of riparian rights;
(b) Placement, maintenance, repair or replacement of public roads, and utility and drainage systems that exist prior to creation of the buffer or are required to comply with any subdivision approval or building permit so long as any possible adverse impacts of public road, utility and drainage systems on the function of the buffer have been avoided or minimized to the extent practical;
(c) Construction, maintenance, repair, reconstruction or replacement of existing and future public roads within a buffer, so long as any adverse impacts of the road on the function of the buffer have been avoided or minimized to the extent practical;
(d) ISTS may be constructed within a buffer but outside the 25 foot structure setback as long as the vegetation growing on the system is maintained in accordance with division (F) of this rule, and the system otherwise meets county and state rules for ISTS systems;
(e) Clearing, grading, and seeding is allowed if part of an approved wetland replacement plan.
(I) Monumentation. Buffers shall be monumented to clearly designate the boundaries within new residential developments. A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer. Additional monuments shall be placed as necessary to accurately define the edge of the buffer. A monument shall consist of a post and a buffer sign. The signs shall be obtained from the City of Jordan and include warnings about fines for disturbing and/or installing improvements upon land within the buffers. The signs shall meet the requirement of Jordan Standard Detail No. 8003J.
(J) Other activities. Other activities which would change the character of a wetland shall not diminish the quantity, quality, or biological diversity of the wetland.
(K) Monitoring.
(1) The wetland mitigation areas shall be monitored in compliance with the WCA rules. During the growing season of each year, hydrologic and vegetative parameters shall be measured. A wetland monitoring report shall be prepared and submitted annually to the city, by December 31 of each year, during the 5-year monitoring period.
(2) A cash escrow or irrevocable letter of credit, sufficient to pay for the cost of restoring the mitigated wetland areas shall be retained until the city has accepted and approved the wetland monitoring results.
(3) The monitoring reports shall include, at a minimum, the following required components:
(a) A description of the project location, size, current wetland type (Cowardin or Circular 39 classification), and desired wetland type (goal).
(b) A comparison of the as-built conditions in relation to the design specifications and a rationale for significant changes. During the monitoring period, 1 time only, an as-built survey drawing shall be submitted comparing the design specifications with the as-built specifications.
(c) A summary of water level measurements or soil pit data collected to date and a determination as to whether the hydrology in the wetlands meets the design elevations and wetland hydrology criteria as defined in the federal wetland delineation manuals. If standing water is expected, the hydrology of the mitigation areas shall be monitored by installing staff gauges immediately upstream from each control structure and measuring water levels on a monthly basis during the growing season. In cases where there is little or no standing water, soil pits shall be dug, depth of standing water recorded, and the location of each pit located on a site plan of the mitigation site. Seasonal water level elevations measured at least 3 times during the period April through October (MSL or referenced to a known benchmark).
(d) A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20% coverage and an estimate of coverage. For wetland mitigation areas greater than 0.5 acres, plant species data from at least 2 sample locations shall be collected and their locations indicated on a site plan. Mitigation areas less than 0.5 acres only need plant species from 1 sample location.
(e) Color photographs of the project area taken during the period June through August, referenced to the fixed photo-reference points identified in the wetland replacement plan and labeled accordingly.
(f) A summary of management activities and/or corrective actions conducted in the wetlands during the previous year and activities planned for the following year (i.e. burning, tilling, regrading, herbicide application, reseeding, etc.)
(4) The city reserves the right to extend the wetland monitoring period beyond 5 years and require any monitoring securities be extended as part of an approved wetland replacement plan in the event that the wetland monitoring requirements are not met. It is possible that, based upon city determination, wetland establishment criteria shall be achieved prior to completion of the 5-year monitoring period, at which time monitoring report requirements may be terminated and securities retired.
(Ord. 2013-05, passed 5-20-2013)