(A) For a Lot of Record or a Development Application approved by the City Council after December 12, 2004, the applicant shall maintain a wetland buffer strip around the perimeter of all delineated wetlands which are constructed as part of a Wetland Mitigation Plan or Public Value Credit as part of an approved Wetland Mitigation Plan. For lots of record as of December 12, 2004, or for Development Applications for which site plans, preliminary plats, final plats or planned unit development plans have been approved by the St. Michael Planning and Zoning Commission or City Council prior to this date, setback and wetland buffer strips shall be ten feet, although, the city strongly encourages the use of larger wetland buffer strips and setbacks on all lots in the city.
(B) Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland or storm water pond is on the same parcel as a proposed Development Application. For parcels in which the wetland is on an adjacent parcel, the setback and wetland buffer strip requirements for the parcel shall be reduced by the distance between the property line of the parcel and the wetland on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the city code or any other law or regulation.
(D) Alterations, including but not limited to building, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal or fertilizer application, are prohibited within the wetland and wetland buffer strip. However, non-native vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed as long as a Vegetation Management Plan is submitted to the city for review and written approval. The Vegetation Management Plan must maintain the wetland and wetland buffer strip standards found in § 155.344 or as required by the Zoning Administrator or his or her designee. The Vegetation Management Plan form must be obtained from the city. Alterations do not include native plantings that enhance the native vegetation, unless within a conservation easement, in which case submittal and approval of a Vegetation Management Plan from the city is required.
(E) For roadways or other structures where the city determines that there is no practical alternative except to be aligned either adjacent to or across wetlands, additional wetland filling to create a wetland buffer strip shall not be required. Trails that are intended to serve an interpretive function are also exempted from the wetland buffer strip requirement. All other areas and structures, including roadways, shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The city may recommend averaging of a wetland buffer area, provided the minimum width is not less than ten feet and the total area contained within the buffer remains the same.
(F) An existing structure, driveway or parking area would be considered a legal nonconforming structure if a later WCA delineation shows that the wetland is closer than the required setback.
Table 1 - Wetland Buffer Strips and Setbacks
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Exceptional | High | Moderate | Low | |
Wetland Buffer Strip (Minimum Width) of Vegetation | 20’ | 20’ | 10’ | 10’ |
Structure Setback (from Wetland Buffer Strip) | Princ. - 30’ Deck - 15’ | Princ. - 30’ Deck - 15’ | Princ. - 30’ Deck - 15’ | Princ. - 30’ Deck - 15’ |
Total Minimum Distance from Wetland | Princ. - 50’ Deck - 35’ | Princ. - 50’ Deck - 35’ | Princ. - 40’ Deck - 25’ | Princ. - 40’ Deck - 25’ |
Lots of Record prior to December 12, 2004 | 10' | |||
Note: The wetland buffer strip width for storm water pond’s utilized as mitigation credit shall be measured from the Ordinary High Water Level (OHWL) of the pond. Structures and decks on lots platted prior to December 14, 2004 shall be allowed a minimum setback of ten feet from the wetland edge.
(Ord. 0408, passed 12-14-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0701, passed 1-9-07; Am. Ord. 0703, passed 7-10-07; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1704, passed 10-24-17)