(A) Buffer width. Except as provided in divisions (D) and (E), a landowner owning property adjacent to a water body identified on the buffer protection map must establish and maintain a buffer area as follows:
(1) For waters shown on the buffer protection map requiring a 50 foot width buffer, the buffer width will be 50 foot average and 30 foot minimum width as provided in M.S. § 103F.48, subd. 3 and as measured according to division (B); and
(2) For waters shown on the buffer protection map requiring a 16.5 foot minimum width buffer, the buffer width will be 16.5 feet as provided in M.S. § 103F.48, subd. 3 and as measured according to division (B). This section applies only if the county is the drainage authority.
(B) Measurement.
(1) The width of any required buffer on land adjacent to a water requiring a 50 foot average width and a 30 foot minimum width buffer shall be measured from the top or crown of the bank. Where there is no defined bank, measurement must be from the edge of the normal water level as provided in M.S. § 103F.48, subd. 3(c).
(2) The width of any required buffer on land adjacent to a water requiring a 16.5 foot minimum width buffer shall be measured in the same manner as for measuring the vegetated grass strip under M.S.§ 103E.021, subd. 1 as provided in M.S. § 103F.48, subd. 3(c).
(C) Use of buffer area. Except as provided in divisions (D) and (E) a buffer as defined in this ordinance may not be put to any use, included but not limited to cultivation farming, which would remove or prevent the permanent growth of perennial vegetation.
(D) Exemptions. The requirement of division (A) does not apply to land that is exempted from the water resources riparian protection requirements under M.S. §103F.48, subd. 5.
(E) Non-conformity. Where the provisions of any statute, other ordinance or regulation imposes greater restrictions than this chapter, the provisions of such shall be controlling. The continuation of non-conformities provided for by M.S. §§ 394 and 462 shall not apply to compliance with this chapter and M.S. § 103F.48.
(F) Alternative practices. As provided in M.S. § 103F.48, subd. 3(b) an owner of land that is used for cultivation farming may demonstrate compliance with § 96.04(A) by establishing and maintaining an alternative riparian water quality practice(s), or combination of structural, vegetative, and management practice(s) which provide water quality protection comparable to the water quality protection provided by a required buffer as defined in § 96.04(A) to (C). The adequacy of any alternative practice allowed under this section shall be based on:
(1) The Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG):
(2) Common alternative practices adopted and published by BWSR;
(3) Practices based on local conditions approved by the SWCD that are consistent with the Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG); or
(4) Other practices adopted by BWSR.
(Ord. 18-3, passed 6-5-2018)