5.7. SR 01-18-1994
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AGENDA ITEM 5.7.
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
JANUARY 18, 1994 ~
DATE:
SUBJECT: ADOPTION OF THE WETLAND
CONSERVATION ACT
ISSUE
The Wetland Conservation Act (WCA) is State legislation that
"in summary" mandates no net loss of wetlands. Basically, it
regulates filling or draining wetlands.
ATTACHMENTS
Letter from Nancy Riddle, County Environmental Specialist,
dated December 15, 1993; Article from the December 10, 1993,
League of Minnesota Cities Magazine; Memo from the Minnesota
board of Water and Soil Resources (BWSR) dated Jan 6, 1994;
Outline of Wetland Conservation Act process.
BACKGROUND
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Staff recommends the City accept responsibility as the local
governmental unit "LGU" for the administration of the
permanent WCA rules within the City limits. Another option
would be to allow Sherburne County to be the LGU for Elk
River. The County has offered to do this for all of Sherburne
County (see letter from Nancy Riddle). However, City staff has
an understanding of this law and feels it is important that
citizens have one jurisdiction to deal with through the
development process.
Until some governmental unit accepts responsibility as LGU
for Elk River, there is a moratorium on filing or draining
wetlands. This moratorium even affects City street projects
(see League of Minnesota Cities article). Ignoring this law is
not an option (see memo from BWSR).
After an LGU for the City is established, it will be possible
to drain or fill wetlands if filling or draining is
unavoidable. Filling or draining will, however, require
replacement "no net loss" at a rate of at least 2:1. This
replacement rate can be greater than 2:1 if the drained wetland
is of greater value (as defined by law) than what it is being
replaced with. The law also includes some exceptions where
draining or filling of a wetland for certain reasons does not
require replacement.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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It is possible for wetlands to be created in advance of needing
them for replacement. This process is called wetland banking.
The wetland bank will be administered by the State.
Staff recommends the City Council allow Building and Zoning
staff to work with Phil Hals and Terry Maurer to find an
appropriate location to create or, easier yet, restore a
wetland. Once a possible location(s) is identified, staff
would present the Council with a proposal, including cost
estimates, for your review and approval.
The importance of banking wetland credits with the State is
that the replacement process can be cumbersomely long and
replacement opportunities may not exist on a specific
development site. Banked credits can be used for City projects
such as the realignment of 221st Avenue (which requires
filling a portion of a pond) or sold to developers to recoup
the City's cost for creating the wetland.
Included with this memo is an outline of the process mandated
by the law that a developer would go through to fill or drain a
wetland. Staff included this for the Council's interest and
reference.
RECOMMENDATION
1.
THE CITY ACCEPTS RESPONSIBILITY AS LOCAL GOVERNMENTAL UNIT
(LGU) FOR THE ADMINISTRATION OF THE PERMANENT WETLAND
CONSERVATION ACT RULES BY ADOPTING THE ATTACHED RESOLUTION.
2. THE APPLICATION FEE BE $75.00 PLUS CONSULTANT COSTS (THE
MAXIMUM CURRENTLY ALLOWED BY LAW).
3. THE COUNCIL ALLOWS STAFF TO EXPLORE THE POSSIBILITY OF
CREATING OR RESTORING A WETLAND FOR BANKING PURPOSES.
4. WHERE POSSIBLE AND PRACTICAL, WETLANDS FILLED OR DRAINED
IN ELK RIVER ARE REPLACED WITHIN THE CITY LIMITS.
5. CITY STAFF MAKES APPLICATION FOR GRANT MONEY TO HELP FUND
THE ADMINISTRATION OF THIS ACT.
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Sherburne County ~ 'l
ZONING l____~
ADMIN/STRA TION
December 15, 1993
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City of Elk River
Pa t Klaers
City Administrator
13065 Orono Parkway
Elk River, MN 56330
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RE: Adoption of the Wetland Conservation Act
The Sherburne County Board of Commissioners has adopted the permanent rules to the Wetland
Conservation Act (WCA) as of January 1, 1994. The County Board also decided to continue
offering municipalities the service of administering the Wetland Conservation Act for them.
According to the Act, all cities must also adopt the rules or delegate the authority to administer
the program to the County to avoid a moritorium on any activity that may alter a wetland. To
adopt the Rules, a city must pass a resolution accepting the responsibility for WCA and send that
documentation to the Board of Water and Soil Resources. If the City would like to adopt the Rules
but does not wish to retain the responsibility of administering the program, a resolution should
be passed adopting the rules, but delegating the authority to the County.
In accepting this responsiblity on behalf of the City, the County will require the following:
1.
The City must hire a qualified firm to delineate and map the wetlands within the City limits.
..
The City must sign an agreement with the County which would include the fees that the
County would be charging for its technical and administrative assistance. This agreement
could be cancelled at any time by either party.
To date, the County charges a $75.00 application fee for landowners. For plats, it is
$75.00, plus $10.00 per lot if the delineation of the wetland is done by SWCD. In the
future, an hourly fee could be set for projects that require extensive staff time.
Since the Interim Program ends December 31, 1993, any city that has not adopted the permanent
rules or delegated the authority by resolution to the County, will have a moritorium in place until
such time as the Rules have been adopted.
If your City is interested in having the County administer the WCA, please send me a copy of the
resolution delegating that authority to the County.
If you have any questions or concerns, feel free to give me a call.
Sincerely,
"--11 <-----r ?:x
Nancy Riddle
Environmental Specialist
cc: Dave Loch, County Coordinator
Bill Bronder, SWCD
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327 King
Elk River, MN 55330
1-800-433-5246 U 241-2860
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Unfunded mandate
resolutions: Please pass
and send them in
Only 135 resolutions opposing unfunded mandates have
come to the League. The remaining 720 cities need to help
out. By passing this resolution your city can help demon-
strate to state and federal government officials the impact of
unfunded mandates on local governments.
Please contact Julie Johns if you need another copy of the
draft resolution, (612) 490-5600 or 1-800-925-1122 plus
your city code. 0 .
Should city or county
implement wetlands act?
Deadline approaches
Joel Jamnik
Cities should decide whether they
or the county should implement the
wetland conservation act ~CA)
within city boundaries. WCA rules
take effect January 1, 1994. If cities do
not address implementation issues,
they face a moratorium on most
wetland draining and filling activities,
which could seriously hinder or
prevent private residential and com-
mercial/industrial development and
public (including city) infrastructure
and building projects.
The Board of Water and Soil
Resources (BWSR) has been conduct-
ing implementation training sessions.
Their message is "if cities don't have
existing or future capability to admin-
ister the administrative and technical
aspects of the WCA they should
delegate the program to the county."
December 10, 1993
If cities want to implement the
permanent program, they need to pass
a resolution (preferably prior to
January 1, 1994). They must send a
copy of the resolution to BWSR. The
BWSR has a model for cities to use.
Call (612) 296-3767 for a copy.
If cities do not want responsibil-
ity, BWSR recommends they pass a
resolution delegating authority to the
county. Counties may be contacting
cities to determine how they intend to
proceed. In between these two
extremes, joint powers agreement,S
may address how cities and counties
will interact to ensure proper adminis-
tration.
Please contact BWSR staff or the
League if you have any questions
about implementation of the p<~rma-
nent program. The League number is
(612) 490-5600 or 1-800-925-1122
plus your city code. 0
J--t't'\t- C~--\Ie~ ~"tlle.+""
League
board invites
applicants for
LMCIT board
position
The League board of directors will
be filling a vacancy on the League of
Minnesota Cities Insurance Trust
board of trustees in the near future.
The board of trustees is LMCIT's
governing body, and is responsible for
managing its programs and operations.
LMCIT is the major provider of
liability and worker's compensation
insurance to Minnesota cities, and
rriiiliitiiins a smaller, but important,
health insurance program.
The vacancy is created due to the
resignation of Lee Swanson, and is for
a term expiring Marcll}l, 1996. The
trust document establishing the board
requires that this position be filled by a
local elected official whose city is a
member of the insurance trust.
The LMC board invites LMCIT
member elected city officials to submit
letters of application outlining their
backgrounds and relevant experience,
as well as any other information that
would be useful to the League board in
making its decision. For example,
familiarity with LMCIT programs, and
views as to LMCIT's appropriate role
and future direction would be helpful.
The board will also accept letters of
support from city councils or other city
officials.
Please se.l1d letters of.application
to the attention of Jim Miller at the
League office no later than December
31, 1993. If you have any questions
about the trust board, its functions and
duties, the time commitmellt, or any
related matter, feel free to contnct Pete
Tritz at the League office. 0
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Page 3
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155 S. Wabasha Street
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St. Paul, MN 55107
(612) 296-3767
Fax (612) 297-5615
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Southern Region:
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(507) 537-6060
Fax (507) 537-6368
Metro Region:
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St. Paul, MN 55107
(612) 296-3767
Fax (612) 297-5615
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JAM 1 0 \99\
M E
M
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DATE:
January 6, 1994
TO: WCA Administrators
FROM: Ron Shelito, North Region supervisor ~
SUBJECT: yOU ARE BEING WATCHED!
Attached is an article from the Minnesota Audubon council
newsletter. It should serve as a reminder that WCA
implementation is being closely watched by many concerned
groups. Personally, I believe that Minnesota Local units
of Government have done and will continue to do an
outstanding job of implementing WCA. That doesn't mean
there won't be some challenges. Any law of this
magnitude must stand many tests from all sides. Just
remember to document your decisions, give it your best
shot, and more often than not, we will all be able to
share in successful implementation of WCA. Good luck and
keep up the great work!
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M nnesota
Wetlands Watcher
FALL/WINTER
1 993
Wetlands Conservation Act comes on board:
Re-tooling "Wetlands Watch": We Need You!
When a handful of birders, envirQnmentalists, and assorted nature lovers got together half a dozen
years ago to figure out what could be done about wetlands losses in this state, one of the most
popular ideas was to find and train people to keep an eye on wetlands in their own communities.
"Wetlands Watch" was formed on the simple belief that public participation improves government
decisions. It is a communication network that lets people know about impending developments and
gives them the tools to intervene if unacceptable environmental risks are involved. "Wetland
Watchers" are counseled to became more knowledgeable about wetlands laws and processes, to
build a working dialogue with decisionmakers, and to provide solid, specific information about
particular wetlands when permitting decisions were being made. Over the years, they have won
numerous victories in either turning back or significantly minimizing destructive projects.
Now, with the Minnesota Wetlands Conservation Act ready to go into effect in January, Wetland
Watch is more important than ever. Instead of one federal agency making decisions, nearly 250
cities and counties around the state will be taking responsibility for wetlands decisions within their
borders. Many governments will do an excellent job, others will not. Virtually everyone agrees that
implementation across the state will be uneven, and that in the first few years, while the law gets
up and running, an alert and informed public will be crucial to ensuring conscientious administra-
tion.
Audubon and the Minnesota Wetlands Conservation Coalition are recruiting their members to sign
up on the public notification lists for their communities. Ideally, every jurisdiction will have at
least one of our members on the notification list to monitor administration of the law and to make
sure that the perspectives of the conservation community are part of significant wetlands decisions.
Hopefully, keeping an eye on this law will not be too difficult. The Act specifically provides for
public oversight and participation by requiring that any individual member of the public who
requests will be notified of applications for permission to drain or fill wetlands and of the permit
decisions that result. During a 30-day comment period, the public may support, suggest modifica-
tions, or oppose a project.
To get on the public notice list, contact your city hall or county government office and request
copies of wetlands applications in your community (see list elsewhere in this issue). To hook up
with Wetlands Watch, send us your name and the community you will be monitoring. You will
receive a set of guidelines to assist you in making sense out of and commenting on Corps permits.
Join us, we need you!
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2.
OUTLINE OF WETLAND CONSERVATION ACT PROCESS
The City receives a request to fill or drain a wetland.
or draining completes a
intent and reason for the
The proposer of the filling
general application indicating
filling or draining.
3. City staff sends a joint notification form to the
Department of Natural Resources, Army Corps of Engineers,
and Soil and Water Conservation District. Having City
staff send this joint notification ensures that accuracy
and quality of the information the government receives and
avoids having applicants getting confused by the
bureaucracy of dealing with multiple governmental units.
4.
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5.
The applicant completes a sequencing form which identifies
alternatives to filling or draining. sequencing is the
process by which governmental units administering the
Wetland Conversation Act determine whether or not the
filling or draining is unavoidable. At the same time as
sequencing, the applicant must provide the City with the
delineation of the affected wetland(s) that defines the
boundaries and identifies the type. This delineation must
be done by a qualified party.
If the applicants proposed filling or draining is deemed
unavoidable through the sequencing process, the applicant
would then provide the City with an engineered replacement
plan.
6. Within 10 days of receipt of a replacement plan, the City
must give notice to the Environmental Quality Board
Monitor any member of the public requesting this type of
information, the Soil and Water Conservation District,
County Board, Mayors of municipalities within the affected
watershed, the Commissioners of Agricultural Resources,
and the local official newspaper of the applicant's intent
to fill or drain.
7. During the above process, a technical or evaluation panel
(consisting of the City Engineer, a member of the Soil and
Water Conservation District, a local representative of the
Board of Water and Soil Resources {BWSR}, and a City
staff representative) can be convened as necessary to
provide technical assistance.
8.
A minimum 30 day comment period is allowed after
notification of intent to fill or drain. The City must
make a decision on the application within a maximum of 60
days. The City Council, upon receipt of staff
recommendation, makes the ultimate decision for the City.
The Planning Commission will not review these requests.
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Once the decision is made by the Council, another 30 day
waiting period is required to allow for appeals. Appeals
are first made to BWSR. These appeals can be made by
the applicant if denied or if approved by any of the
reviewing agencies or any member of the public. BWSR's
decision can also be appealed to a judge.
10. If a replacement plan makes it through the above steps,
typically the replacement would take place prior to the
filling or draining. This is one reason to bank wetland
credits with the State. Another thing the City could do
to ease the negative affects of this act on development,
is allow the wetland replacement to take place at the same
time as improvements in a development and cover the
replacement cost by a letter of credit to ensure it is
accomplished.
11. On a yearly basis for a five year period, City staff must
inspect and report to the State on whether or not
replacement wetlands are still functioning as wetlands.
The landowner on which a wetland is created, is
responsible to ensure it remains a wetland. However, if a
parcel that has replacement wetlands on it goes tax
forfeit, the City could ultimately be responsible to
ensure it is continuing as a wetland. The City must be
cautious of this situation.
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RESOLUTION 94 - 8
A RESOLUTION FOR THE CITY OF ELK RIVER
FOR ADOPTING THE PERMANENT RULES OF THE
WETLAND CONSERVATION ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA)
requires local government units (LGUS) implement this law
by adopting the rules and regulations promulgated by the
Board of Water and Soil Resources (BWSR) pertaining to
wetland draining and filling; and
WHEREAS, the BWSR is requesting LGUs adopting the permanent
rules of the WCA to notify them of the LGU decision
regarding adoption; and
WHEREAS, Elk River City Council previously assumed
responsibilities of LGU for wetland alterations within the
City of Elk River under the interim rules; and
WHEREAS, the City of Elk River is a technical sub-unit of
government capable of making determinations and developing
replacement plans.
NOW,
THEREFORE, BE IT RESOLVED BY THE ELK RIVER CITY COUNCIL
that it hereby accepts the responsibility as the LGU
the WCA within the legal boundaries of the City of
River as of January 19, 1994, within the guidelines as
forth by the WCA and rules.
for
Elk
set
ADOPTED: This 18th day of January, 1994
Larry Farber, Vice Mayor
ATTEST:
Sandra A. Thackeray, City Clerk