7.5 SR 12-18-2023Request for Action
To Item Number
Ma -or and Ci T Council 7.5
Agenda Section Meeting Date Prepared by
Public Hearin s December 18, 2023 Suzanne Fischer, Env. Services/S ecial Pro�ects Director
Item Description Reviewed by
Amend Sections 30-1850 thYough 30-1855 of the aYed She herd, Ci r Attorne r; Rebecca Hau , WSB En r.
Wetlands Protection Ordinance. Reviewed by
Cal Pormer, Ci T Administrator
Action Requested
1. Approve, by motion, the amended sections of the Wetlands Protection OYdinance.
2. Adopt, b�T motion, a resolution for summaryT publication of the CityT of Elk River Wetlands Protection
Ordinance
Background/Discussion
The iVlinnesota Wetlands Conservation Act (WCA) was passed into law in 1991 with numerous amendments
thereafter, `vith the purpose o£
■ Achieving no net loss in the quantitv, qualit�T, and biological diversityT of Minnesota's e�sting �vetlands.
■ Increasing the quantity, qualityT, and biological diversityT of Minnesota's wetlands by restoring or enhancing
diminished or drained `vetlands.
■ Avoiding direct or indirect impacts from activities that destro�T or diminish the quantinT, qualityT, and
biological diversit�T of wetlands.
■ Replacing wetland values where avoidance of activities is not feasible and prudent.
UnfortunatelyT, staff has encountered an increased number of �vetland violations over the past two yTears. Some
resulted from residents not being familiar with the law, and others were simply intentional and blatant violations.
Staff, therefore, has proposed amendments to better clarify regulations and improve compliance levels.
The attached proposed language is a combination of the cit�T's wetland ordinance and that of another municipalityT.
Staff believes the proposed amendments `vill provide a clearer explanation of WCA regulations to residents, �uhich
in turn, should reduce the number of violations moving forward.
Financial Impact
N/A
Mission/Policy/Goal
ResponsiblyT gro�v
Attachments
PYoposed Ordinance Sections 30-1850 thru Section 30-1855 of the Wetlands Protection Ordinance.
Summary Publication of the Cit�T of Elk River Wetlands Protection Ordinance
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
�I'1 ����
Update�l• January 2023
7.5 At. 1
of
ver
Ordinance 23 -
An Ordinance Amending Chapter 30, Section 30- I 850 through Section 30- I 855,
Wetlands Protection Ordinance, of the City of Elk River, Minnesota, City Code
The Cityr Council of the Cityr of Elk RiveY does heYeby oYdain as follows:
SECTION 1. That � Section 30-1850, Wetlands Protection of the CinT of Elk River Code of
Ordinances shall be amended to read as follows:
1. Purpose and Intent.
a) The �ur�ose of this section is to recognize,�reserve and �rotect the environmental, aesthetic,
and h,r�gic functions of the citv's wetlands btir regulating the use of ��etlands and their adjacent
pro�erties. These functions include, but are not limited to, sediment control�ollution control,
filtration, fish and `vildlife habitat and ac�uifer recharge.
b) The intent of this section is to �rotect wetlands to the ma�mum extent �ossible while allowing
a reasonable use of the �Yo�ert�r. This section ado�ts the Yegulations and standaYds of the Wetland
Conservation Act of 1991 (WCA� Laws of iVlinnesota 1991, cha�ter 354, as amended, and the rules
ado�ted �uYsuant to the WCA
2. Designation of Protected Wetlands and Exem�tions.
a) The wetlands �rotected and Yegulated b�r this Section are tv,�es 1, 2, 3, 4, 5, 6, 7, and 8 wetlands,
as defined in circulaY 39, "Wetlands of the United States", 1956 and 1971 editions, United States
De�artment of the Interior. Protected wetlands are further generall�T defined as follows:
T�e 1 Seasonall� Flooded Basins or Flood�lains: T�e 1 wetlands are seasonall`r flooded
basins or flats in �vhich soil is covered �vith water or is waterlogged during variable seasonal �eriods
but usuall�r is well-drained during much of the gYowing season. T�e 1 wetlands aYe located in
de�ressions and in overflow bottom lands along water courses. Vegetation varies greatl`T according
to the season and duration of the flooding, and includes bottom land hard�voods, as well as
herbaceous �lants.
T�e 2 Inland Fresh Meadow: Occurs along the shallow edges of lakes, marshes, and
flood�lains, or in �erched de�ressions. The soil is usuall�T `vithout standing water during much of the
,gYowing season but is waterlogged within at least a few inches of the surface. Vegetation includes
,grasses, sedges, rushes, and various herbaceous �lants.
T�pe 3 Inland Shallow Fresh Marsh: Soil is usuall`r `vaterlogged during the growing season,
often covered `vith as much as six inches or more of `vater. Vegetation includes grasses, bulrushes,
cattails, arro`vheads, smartweeds, and other emergent ac�uatic vegetation.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
T�e 4 Inland Dee� Fresh Marsh: Soil covered `vith six inches to three feet or more of `vater
during gYowing season. Vegetation includes cattails, reeds, bulrushes, and wild rice. O�en water aYeas
ma�T contain �ond`veeds, naiads, coontail, `vater milfoils and other submergent ac�uatic vegetation.
T�pe 5 Inland O�en Fresh Water: Water is usuall`T less than 10 feet dee� and is fringed b,�
border of emergent vegetation. Vegetation includes �ond`veeds, naiads, coontail, �uater milfoils and
other submergent ac�uatic vegetation.
T�e 6 Shrub Swam�: Occurs along sluggish streams or on flood�lains. The soil is usuall�
waterlogged during the growing season and is often covered `vith as much as six inches of water.
Vegetation includes alder, willow, and dogwood.
T�pe 7 Wooded Swam�: Occurs along sluggish streams, on flood�lains, on flat �erched
de�ressions and in shallow lake basins. The soil is waterlogged to within a fe�v inches of its surface
during the growing season and is often covered `vith as much as one foot of �vater. Vegetation
t�ical to this wetland includes tamarack, white cedar, black s�ruce, balsam fir, red ma�le and black
ash.
T�pe 8 Bog: Occurs along sluggish streams, on flat �erched de�ressions and shallow lake basins.
The soil is `vaterlogged and su�ports a s�ong`T covering of mosses. Vegetation t�,�ical to this wetland
t�,�e includes s�hagnum moss, heath shrubs and sedges. iVlinnesota bogs contain leatherleaf,
Labrador tea, cranberries, and �itcher �lants. Scattered stunted black s�ruce and tamarack are also
common features of bogs.
Other: Areas that e�ibit wetland characterisrics but weYe cYeated for a�ur�ose otheY than to cYeate
a`vetland are exem�t from this section. This includes areas such as storm `vater �onds, road`va�T
ditches, oY other areas that receive artificial h,�gv. The landowner has the res�onsibili ,r to �rove
b,��re�onderance of the evidence that an area is exem�t under this �aragYa�h.
The reconstruction and maintenance of e�sting�ublic roads and associated �ublic utilities are
exem�t from this section 30.1850 as long as the�T com�1�T with the WCA as a�proved b,`T ci ,T staff.
3. Inter�retation of Wetlands Boundaries.
Whenever a delineated wetland boundary is dis�uted oY unceYtain, the cit�,�lanneY oY designee matir
convene the technical evaluation �anel according to the WCA rules. The owner must have the
delineated `vetland boundar�r staked in the field in order for the �anel to evaluate the area. The
technical evaluation �anel and cit�planner or designee ma�T rec�uire additional information to resolve
the dis�ute or uncertaint�r. Persons aggrieved b�r a decision of the cit�plaiiner, or designee ma�
appeal the decision as �rovided in section 30-1893 of this ordinance and the WCA rules as
applicable.
4. Wetland Buffer Areas.
�) This subsection establishes rec�uirements foY wetland buffeY aYeas around �rotected t�,�e 1-8
wetlands. Buffer areas aYe necessar�r and beneficial to maintain the health of wetlands. BuffeY aYeas
protect the edge of wetlands from erosion while filtering sediment, chemicals and otheY nutrients
from runoff that d�ains into wetlands. Buffer areas can im�Yove the biological diversit�r and health of
a`vetland environment `vhile reducing the adverse im�acts of human activities.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
b) BuffeY aYeas regulated bv this section are areas of vegetative cover that are u�land of the wetland
edg�e, and that occur in a natural condition or through restoration. Buffer areas consist of shrubber�T
and trees, and native grasses or forbs or both that are not mo`ved, fertilized, or manicured in an�
manner.
ci With the exce�tion of T�,�e 1`vetlands that are manicured turf and not �art of a�ro�osed
develo�ment, wetland buffeY aYeas must be cYeated, oY e�sting buffeY areas must be maintained
around all �rotected t�,�e 1-8 `vetlands in the follo`ving situations:
1) when wetlands are Yec�uired to be Ye�laced or YestoYed;
2) when new develo�ment occurs. For �ur�oses of this subsection, new develo�ment
means:
a) antir subdivision that creates a new lot that has no �rinci�al use on it;
b) construction of a�rinci�al use on an e�sting vacant �arcel of land;
3) when redevelo�ment occurs. For �uY�oses of this section Yedevelo�ment means the
reconstruction of the �rinci�al structure if it includes the removal of the �rinci�al structure b�T more
than 50 �ercent of the sc�uaYe footage of the building foot�rint oY an incYease of the sc�uare foota�e
of the building foot�rint b`T more than 50 �ercent This rec�uirement does not a�p1�T if construction
is the result of more than 50 �ercent of the building being damaged b`T an involuntar�- force, such as
fire, `vind, or vandalism.
4) when the ci ,r Yec�uires a buffer as �art of a variance, ex�ansion �ermit, conditional use �ermit,
or a site �lan review; or
5) on an`,�reserve `vetland `vhen grading or construction is �ro�osed that rec�uires a cit�,�ermit
and the �ro�osed activit�T could �otentiall�T im�act the c�ualit�T of the wetland b�T increasing hard
surface run off, altering e�sting drainage, or im�acting an e�sting buffer.
���i��l�l�I��A �1����l�4%Al�l�I��i9ll��l������� �
� � � � �
� 1\ 1 �
_ _ � ��'I��`�\�- V�l��l���111�� �
� � .
�V7„�1,,..,7 l�1,,,,,,:L:�„�:...-, �V7:,7�1. ..CR.,CC,,.. �.. ,�'......, �1.,, �V7„�1,,..,7 R......,7,,..._
fb�Ri3 � /.zv�i£iz
t� z �—€C2�
in--'tc"-."st-"-r"`-c-"c ��
�� ' - ' -
� � _ �
- :....o....�.mo...■.�...s.,■.......i
i�u��a.�o��a��uo������i�iw —
Q����wu�v��u� ��u►����i��s��
�
���urQ�arwwii��i��su��i��auarww�i��u�su�� ' ' ' �
� � �
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
. .
� _ �o��a�iwun ui���ui�����a�uwun •u����a�w�ui��u�ui
�iwwms��v�R���uwu��u���u� • o
SECTION 2. That § Section 30-1851, General Provisions of the CityT of Elk River Code of
Ordinances shall be amended to read as follo`vs:
Sec. 30-1851. — General Provisions
(a) The Minnesota Wedand ConseYvation Act and Minnesota Rules, ChapteY 8420, as amended
from time to time, aYe herebyr incoYporated byr YefeYence. In case of a conflict bet�veen this
division and the requirements of state law the moYe Yestrictive provision shall applyr.
(b) No propertyT owner or other person shall make anyT alteration to a wetland or wetland buffer
strip unless and until the provisions of this division have been complied �vith.
(c) Unless determined other�vise by the cityr or the technical evaluation panel (TEP), a pYopeYtyr
o`vner, applicant for building permit, or applicant proposing �vork in or around `vetlands shall
submit to the cityr prioY to making any alteYation to a wetland or wedand buffer strip the
follo`ving information:
(1) Wetland delineation plan and written report,
(2) Wetland impact plan,
(3) Wetland mitigation plan, and
(4) AnyT other information deemed necessar�T under this ordinance or the WCA as determined
by the city oY TEP.
(d) A determination Yegarding wedand impacts must be made by the cityr oY TEP prioY to any
wedand alteration, issuance of a building peYmit, oY approval of a subdivision b�r the planning
commission. An�T conditions required byT the cityT or the TEP will become conditions of
building permit issuance or subdivision approval.
(Ord. No. 06-07, � 2, 6-19-2006)
Sec. 30-1852. - Performance standards. (Ciry of Elk River code section)
(a) 1�etland buffez• stTzp. A minimum 25-foot buffer strip fYom the delineated boundaryr of a wedand
or ordinaryT highwater level of a storm`vater pond is herebyT established. Wetland buffer strips
shall meet the following standards:
i. No principle or accessoryT structures, patios, paving, or other impervious surfaces shall be
permitted within the wetland buffer strip.
ii. rllterations are prohibited within the wedand and wetland buffer strip unless a vegetation
management plan or other approval is granted byT the cityT.
iu. The applicant shall establish and maintain wedand and wedand buffer strip vegetation in
accordance �vith the requirements found in section 30-1853.
iv. The applicant shall maintain the Yequired wedand buffer strip monuments at each lot line
where it crosses a wedand buffeY strip and at 200-foot inteYvals along the edge of the
wetland buffer strip. Each monument shall state "Wetland Buffer: Under the Cit�T Code,
no mo`ving, clearing or removal of vegetation in the buffer area is allo`ved. Call the CityT of
Last LJpdated]anuar� 2023
Paw�REo er
������
7.5 At. 1
Elk River for more infoYmation." The cityr Yeserves the right to eliminate this Yequirement
if it deems it impractical.
v. The city, at its sole discretion, following the cityT's master park trail plan, mayT allow nature
trails compYised of natuYal mateYials, to be located within the wedand buffeY strip.
vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding,
including facilities such as nature trails and docks which allo`v for such activities are
permitted in the wedand buffer strip.
vii. Final plats foY all subdivisions shall provide an easement over all wedands and wedand
buffer strips for the purposes of identification and protection.
viu. PYoperties platted prioY to June 19, 2006, shall be exempt from the vegetation
management requirements described in subsections ii—iv above.
(b) 1�etland buffea�stTzp setl�ack. A minimum 20-foot setback fYom wedand buffeY strips is
heYeby established by the cityr.
i. No principle or accessoryT structures, patios, paving, or other impervious surface
shall be located within this setback.
ii. Nature trails, at the cityr's approval, may be located within the wedand buffeY strip
setback.
iii. On propertyT that was platted prior to June 19, 2006, uncovered decks and
permeable pavement can be located within this setback.
(c) Exceptions. PropeYties platted pYior to adoption of the wedand buffeY strip and
Wetland buffer strip setback performance standards set forth in this section ma�T
not be configured to accommodate the required performance standards. For this reason,
exceptions to the peYfoYmance standaYds foY pYopeYties platted prioY to June 19, 2006, mayr
be approved byr the planning manager puYsuant to the site plan review pYocess. Applicants
for site plan revie`v shall pa�T the fee specified in the cityT's fee schedule. Site plan approvals
and required conditions shall be made byT the planning manager on a case-b�T-case basis,
with the goal of maintaining consistenc�T with the performance standards to the maximum
extent reasonabl�T possible. Appeals from staff determinations and conditions ma�T be made
pursuant to the appeal procedures set forth in section 30-634.
(d) Fences. Fences may encYoach into the wetland buffeY strip setback, but at no rime
shall the�T be allo`ved within the wetland buffer strip or in delineated `vetlands. Properties
platted pYioY to June 19, 2006, shall be exempt from this Yequirement.
(Ord. No. 06-07, � 2, 6-19-2006; OYd. No. 16-24, � 1, 11-21-2016; Ord. No. 17-07, � 1, 4-
17-2017; Ord. No. 18-12, � 1, 7-16-2018)
Sec. 30-1853. - Vegetation standards.
(a) Where acceptable natural vegetation exists in wetland and `vetland buffer strip areas, the
retention of such vegetation in an undisturbed state is Yequired unless an applicant receives
approval to replace such vegetation. A�vetland or wetland buffer strip has acceptable
natuYal vegetation if it:
1. Has a continuous, dense la�reY of perennial gYasses that have been uncultivated or
unbroken for at least five consecutive �Tears, or
2. Has an overstoryT of trees and/or shrubs `vith at least 80 percent canopy closure that
have been uncultivated or unbroken for at least five consecutive years, or
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
Contains a miYtuYe of the plant communities descYibed in (1) and (2) above that have
been uncultivated oY unbroken for at least five consecutive years.
(b) Notwithstanding the performance standards set forth above in subsection (a) the
cit�T environmental administrator and/or his/her designee mayT determine existing
wedand oY wedand buffeY strip vegetation to be unacceptable if it:
1. Is composed of weeds or
2. Has topogYaphy that tends to channelize the flow of surface Yunoff, Yesulting in
erosion issues, or
3. Is unlikel`r to retain nutrients and sediment.
(c) Where `vetlands or `vetland buffer strips, or a portion thereof, are not vegetated or have
unacceptable vegetation or have been cultivated or otherwise disturbed within five yTears of
the permit application, such areas shall be re-planted and maintained. The `vetland and
wedand buffer strip landscaping shall be planted according to the city's planting guidelines,
or the applicant shall submit a planting plan for approval b�r the cit�-. (Ord. No. 06-07, � 2,
6-19-2006)
d) In cases of new develo�ment oY Yedevelo�ment the ci = ma�r Yec�uire that vegetation in the
wetland buffer be installed �rioY to the issuance of the ceYtificate of occu�anc�r. To ensure
installation of the buffer the cittr ma,�c�uire a cash escYow or letteY of cYedit ec�ual to 150
percent of the cost to install the rec�uired buffer.
ei The ci ,= ma`T allow the disturbance of an e�sting buffer area during the course of
construction activit�T. This disturbance must be ke�t to a minimum, soils must be decom�acted
to a level that will accommodate Yoot gYowth, and the buffer area must be Ye-established as
rec�uired b�T the cit�-. The cinT �vill determine the amount of allowable disturbance. The ci ,T ma�T
Yec�uire a cash escrow oY letteY of cYedit ec�ual to 150 �eYcent of the cost to Ye-establish the buffer
to its original condition.
f1 The ci T ma�J rec�uire buffer area �lanting and maintenance when the cittJ determines that
there is inadec�uate vegetation in the buffeY aYea to meet the intent of this section. The ci ,r matir
Yec�uire a cash escYow oY letteY of cYedit ec�ual to 150 �eYcent of the estimated cost of the
vegetation and installation. The escrow or letter of credit must be valid for u� to two �Tears and
ma�T be used b�T the ci ,T to re�lace anv vegetation that dies.
,� The affected �Yo�ert�r owneY or homeowner association that is res�onsible for the
maintenance must:
1) maintain and re�air damage to buffer areas from such activities as mo`ving cutting,
,grading or other �rohibited activities, unless mowing is a�proved b�T cinT staff as a buffer
management stYateg,y. Permission must be obtained from the cittT before im�lementing
buffer management strategies, `vhich ma`T include mowing� burning� and the use of
herbicides.
2) be res�onsible for maintaining onl`T the �ermitted vegetation in the buffer area and
must remove all noxious `veeds and invasive, non-native s�ecies such as Euro�ean
buckthorn;
3) ensure that all soil surfaces in the buffer area are �lanted with the �ermitted vegetation
and that there is no o�en soil surface that ma�r Yesult in eYosion.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
6. Permitted Uses.
ai Within the `vetland no land ma�T be used exce�t for one or more of the follo�ving uses:
1) native �vetland vegetation,�rovided that no change is made to the �round elevation;
2) wildlife and nature �reserves;
3) �ublic overhead utilittT lines and �oles that are less than two feet in diameter;
SL�ervious hiking and skiing trails that com�l`- with WCA standards. Pervious will mean an area
where water is able to infiltrate into the �round;
6L�ublic and �rivate flood control structures�onding and drainage facilities and associated
accesso ,r��purtenances if the cinr deteYmines that there is no other viable alterriative and as
appro�red b�T the cit�T en�ineer;
7) environmental monitoring or control facilities, including those related to water c�ualit�T and
wildlife re�ulation;
8) in wetlands where im�ervious�ublic trails e�st, maintenance of the trail `vill be allowed as
long as there is not an increased im�act to the `vetland.
bi Within wetland buffer areas no land ma�r be used exce�t for one or more of the following uses:
1) native vegetation,�rovided that no change is made to the �round elevation;
2) wildlife and nature �reserves;
3L�ervious hiking and skiing trails. Pervious �vill mean an area `vhere `vater is able to infiltrate
into the �round;
4) �ublic and �rivate flood control structures�onding and drainage facilities and associated
accessor�T a��urtenances;
5) environmental monitoring or control facilities, including those related to water c�ualit�T and
wildlife re�ulation;
6) �ublic overhead utilit�,�oles and lines that are less than two feet in diameter, underground
public utilit�T lines and distribution ec�ui�ment, light �oles, traffic signals, traffic regulato ,T signs,
mailboxes and other ec�ui�ment that �rovides an essential �ublic service;
7) fences;
8) retaining walls if the citv determines that the retaining wall will �rotect the wetland from
existin� conditions of erosion;
9) in wetland buffer areas where im�ervious,�ublic trails e�st, maintenance of the trail will be
allowed as long as there is not antir additional im�act to the wetland buffer area.
7. Conditional Uses.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
Within the wetland buffer areas, no land matir be used for the following exce�t bv conditional use
permit and exce�t in conformance `vith the standards s�ecified in subsection 8 of this section:
a) �rivate and �ublic recreational uses, including �olf courses, im�ervious trails,�icnic grounds and
boat Yam�s;
bi �ublic utilities not �ermitted under subdivision 6 of this section, including necessar�T structures;
�) other non-structural facilities similar to those �ermitted b�T this section which also meet the
intent of this section, as deteYmined bv the ci ,r; oY
di �ublic structures associated `vith recreational uses �ermitted b�T this subsection or b�r subsection
6 of this section that are designed in an environmentallv sensitive manner and will withstand
periodic flooding exce�t for structures designed or used foY habitation or the stoYage of ec�ui�ment.
SECTION 3. That § Section 30-1853, Standards for Wetlands, Buffer Areas, and Neighboring
Lands of the CinT of Elk River Code of Ordinances shall be amended to read as follows:
8. Standards for Wetlands, Buffer Areas, and Neighboring Lands.
The follo`ving standards app1�T to all land `vithin `vetlands, `vetland buffer areas, and to neighboring
lands:
a) Protection of `vetlands and wetland buffer areas.
1) Exce�t as modified or Yegulated btir the standards of this subsection, all rec�uirements of the
underl�Ting zoning district applv.
2) Activities including, but not limited to, building�paving, mo`ving� cutting, filling dum�ing�
�Tard waste dis�osal or fertilizer a�plication are �rohibited. Mowing mav be �ermitted when
appro�red b�T cit�T staff as a buffer management strateg�T. However, invasive non-native �regetation
such as Euro�ean buckthorn and noxious weeds, ma�T be removed.
3) Before grading or construction near a wetland overla�T district, the o`vner or contractor must
place erosion control fencing on the u�land side of the �erimeter of the `vetland overla�T district,
`vhichever is more restrictive, or as rec�uired b�T the cit�-. This fencing must remain in �lace until all
develo�ment activities that matir affect the wetland and the wetland buffer area have been fu�ished
and adec�uate vegetative coveY has been established.
4) r1ll structuYes must have a mitumum basement flooY elevation not less than two feet above the
100-�reaY flood elevation.
5) All hard surface runoff must be treated in accordance with the rec�uirements of the cit�r and the
appro�riate watershed district Treatment ma�T include site retention, skimmers, weirs, bioretention
or infiltration basins, or sedimentation �onds of a�pro�riate scale. Structures and �onds serving this
pur�ose must be �ro�erlv maintained and serviced bv the �Yo�eYttr owneY.
6) Discharge into the wetlands must occur at a rate no greater than allowed b�T the cit�T engineer
in accordance with the cit�T's water resources management �lan.
�_......�.�...,_w.,,,s-
.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
- - - .
■ - - - -- —
- - .
.
�u��n iusu��u��a.
���!!S� _����l�LISl�l�R!l�E��il�l1l��l�!!�flf��K��!_f�ifw��l�1l�1lSP
. '
..
����.,..■.�...,.� :,�..� - '
ty � fl�l�i�Ll4lflS R!!�!�!!!f1ll�Ii�E
. - '
. -- ' . -
. - - '
' � - - - -- ' -- - '
■
� � �
- . � - - - � - -.
� � _ � � �
. � -
1 � • \
It�\l�l���i�l.��i/�RS��\in���i/�����1 ��'�R�rS��\in1����1�r5 �
1
�� - � � � � � � � �
_ � � - � � � � � �
�������� �����5����
� t � � � � �
1\�l���l��l��l��ll���R .11���� � � �
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
., , , . .
. . ;
;
. ;
. . . , . ;
�
��� _���e��a��
.. . �.. .
� � - .
- � - -- - � - .
. � _ . .
■��� ����uwuQ�a��u��ia�e� u�r w��uaD��a��um����ii�w�
�
� _ ' � _
i
. �
� �
�
. . . . .. . . . . � . � . .
��
. . . . . .. . . . . .. �
. . . . . . . .� . � . .
. . . . . . . ., �
� � � _ � •
����s�a�u�����o�ur����� �i��u�i����u�a�a�mu����n • ��u���inw �u���- -
��������5����������������K�����
' ' ' ' ' ' ' . ' " ' .
Last LJpdated]anuar� 2023
Pow�REo er
������
7.5 At. 1
- ..
- - . -
- -- - - - - - - .
� - - - - - -- - -
- - - � �- � - - -
. .
- - — - ' - — ' -
. . . .
_
10. Public Control of Wetlands.
a) The cit�T council ma�T rec�uire that the owner of an�,�ro�ert�T affected b�T this ordinance must
record wetland and buffer aYea easements or Yestrictive covenants within the �ro�ert�r's chain of title.
These easements or covenants must describe the boundaries of the wetland and buffer area and
prohibit an`T building, paving, mowing�unless a�proved as a management strateg�� cutting� filling,
dum�ing vard waste dis�osal or feYtilizer a�plication within the wetland and the buffer aYea. The
owner or develo�eY must recoYd these easements oY covenants with the final �lat, with deeds from a
lot division or, if no subdivision is involved, before the cit�T issues a grading�ermit or building
permit for an affected �ro�ernr. The a�plicant must submit evidence that the easement or covenant
has been submitted to the countv for Yecordin�
bi If the cit�r council does not rec�uire an easement or covenant, the ci ,r ma�r record a notice of the
wetland and buffer area rec�uirements against the �ro�ernT. The �ro�ern- owner must still com�l�
with the rec�uirements of this section.
11. Wetland Buffer Markers.
When ne`v develo�ment or redevelo�ment results in multifamil`T residential or a business use, the
develo�er matir be Yec�uired to �lace markeYs at the u�land boundar�r of the wetland buffeY edge at
least ever�- two hundred feet The develo�er must use uniform markers �rovided b`- the cit�T. The
cit�r will chaYge a Yeasonable cost for the maYkeYs.
Sec. 30-1854. - Variances.
Variances ma�r be consideYed foY deviations from the strict a�plication of the standaYds set foYth in
sections 30-1850 to 30-1853�ursuant to the �rocedures and rec�uirements of section 30-633 of
this Code.
Last LJpdated]anuar� 2023
row�REo er
������
7.5 At. 1
(Ord. No. 06-07�� 2, 6-19-2006�
Secs. 30-1855-30-1860. - Reserved.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided byT
law.
Passed and adopted byT the City Council of the CityT of Elk River this 18th dayT of December 2023.
John J. Dietz, MayoY
ATTEST:
Tina Allard, City Clerk
Last LJpdated]anuar� 2023
row�REo er
������
7.5 at. 2
cty of
Elk -�-1
River
Councilmember
adoption:
introduced the follo�ving resolution and moved its
Resolution 23-
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance #23- An Ordinance of Wetlands Protection.
WHEREAS, on Dec 18, 2023, the Elk River Cityr Council adopted OYdinance 23-_
amending Sections 30-1850 thYough Sections 30-1855, of the Elk RiveY Code of Ordinances;
and
WHEREAS, this Wetland Ordinance is expanded to protect wetlands to the ma�mum
extent possible �vhile allo�ving a reasonable use of the propernT; and
WHEREAS, this ordinance adopts the regulations and standaYds of the Wetland
Conservation Act of 1991 (WCA), Laws of iVlinnesota 1991, chapter 354, as amended, and
the Yules adopted pursuant to the WCA; and
WHEREAS, this ordinance provides additional information and detail on the permitted
uses allowed to assist residents in their planning and development process, and
WHEREAS, this ordinance provides additional information to residents on the Standards
for Wetlands, Buffer rlreas, and Neighboring Lands, and
WHEREAS, a copy of the full text of the ordinance is available for inspection b�T anyT
person at the office of the Elk River Cit�T Clerk, 13065 Orono Park�va�T, during regular
business hours; and
NOW, THEREFORE, BE IT RESOLVED byT the CityT Council, byT at least four-fifths
vote, authorizes the publication of the title and summaryr of Ordinance 23-_.
The motion for adoption of the foregoing resolution was du1�T seconded byT Councilmember
, and upon vote being taken thereon, the follo`ving voted in favor thereo£
and the follo`ving against:
Yesolution was declared duly passed and adopted.
The follo`ving members were present:
and the following absent:
whereupon said
rawEREO er
���V��
7.5 at. 2
Passed and adopted this 18`i' day of December 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, CityT Clerk
rowEREo er
���V��