4. PC SR 01-11-2005
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MEMORANDUM
TO: Planning Commission
FROM: Rebecca Haug, Environmental Technician t1t-
DATE: January 10, 2005
SUBJECT: Wetland Buffer Ordinance
Once a month, the Technical Evaluation Panel (TEP) which consists of people from the
Department of Natural Resources (DNR), Army Corps of Engineers (ACOE), Board of
Water & Soil Resources (BWSR), Sherburne Soil & Water Conservation District
(SWCD), Sherburne County Ditch Inspector and I meet to discuss projects in the City
that affect wetlands.
A suggestion that came out of the Natural Resources Inventory is the City adopting a
wetland buffer ordinance. At the December and January TEP meetings, this item was
discussed and several communities were contacted to review their ordinances. City
staff is aware that this is going to be very controversial for developers since it will
impact them economically. However, several communities in the metro area have
adopted wetland buffer ordinances that are much more restrictive than what is being
proposed by staff for the City of Elk River.
The purpose of a wetland buffer is to provide a vegetated area that surrounds a wetland
and reduces the negative impacts to wetlands from adjacent development. Buffers are
necessary for protecting water quality and for providing wildlife habitat. The
effectiveness of a wetland buffer in removing sediments and nutrients from surface
runoff varies widely due to many factors which include, but are not limited to; slope,
vegetative cover density, vegetation types and width. Typically, buffers are established
for their water quality improvement potential. High quality wildlife habitat requires
significantly wider buffers and higher vegetative diversity/integrity.
At the January 6, 2005 TEP meeting the following recommendations were made:
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Require a 45' setback for structures from wetlands allowing for a 20'
backyard and a 25' wetland buffer. The wetland buffer would be included in
the drainage and utility easement. Nothing would be allowed to be placed in
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the buffer area unless the property owner is planting desirable, native, non-
invasive species.
This setback would apply to industrial and commercial structures as well as
residential.
This would apply to structures in new plats only not existing structures.
The developer will be responsible for placing permanent monuments on each
property line defining the buffer setback
The developer will be responsible for revegetating the buffer if the vegetation
consists of undesirable, invasive, non-native species.
This ordinance would not apply to any plats that are currently in the platting
process
Staff is only looking for comments from the Planning Commission on this idea at this
time. Staff anticipates a formal ordinance being presented to the Planning Commission
in February and City Council in March.
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