5.1. PCSR 06-13-2006ITEM ~ 5.1.
ver
MEMORANDUM
TO: Planning Commission
FROM: Rebecca Haug, Environmental Administrator
DATE: June 13, 2006
SUBJECT: Case No. OA 06-01 Regarding Wetland Buffer Setbacks
Request: This ordinance was presented to you on April. However, when the City Council
reviewed it, they had some additional comments. A brief history of why this ordinance is
being brought before you is as follows: As part of the City's Natural Resource Inventory,
the recommendation to adopt a wetland buffer ordinance was initiated. Staff along with the
City's Wetland Technical Evaluation Panel, which is made of individuals from the
Department of Natural Resources (DNR), Army Corps of Engineers (ACOE), Board of
Water and Soil Resources (BWSR), Sherburne County Soil & Water Conservation District
(SWCD), Terry Maurer, City Engineer and John Norgren, Sherburne County Ditch
Inspector and the City's Natural Resource Inventory Task Force drafted a wetland buffer
ordinance. Information was collected from other communities and there was considerable
discussion between the groups on the language in the ordinance. The proposed ordinance is
much less restrictive than several of the communities that were researched. Most of the
communities determine setbacks from wetlands based upon the quality of the wetland. The
purpose of this ordinance is to protect the remaining wetlands in the City of Elk River.
Wetlands serve several functions and are very important to water quality. The ordinance
would require a 25 foot buffer strip from the delineated wetland boundary or the ordinary
high water level of a stormwater pond. A minimum of 20 feet from the wetland buffer
setback would also be required and limitations on what can be placed in this area are defined
in the ordinance language. This ordinance is intended for new construction of plats so any
existing lots that abut a wetland would not be affected.
Recommendation: Staff is recommending approval of the attached wetland buffer
ordinance. Please see the attached ordinance. I will be present at the meeting to address any
questions or concerns.
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Wetland Buffer Ordinance
Definitions (amendment to Chapter 30, Section 30-1)
The following words, terms and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Wads are (i) noxious weeds as defined and designated pursuant to the "Minnesota noxious
weed law", Minnesota Statutes, Section 18.76-18.88, as amended from time to time, or (ii)
any volunteer plants. For the purposes of this definition, weeds do not include dandelions
or clover.
Wetland Alteration is achange to the wetland or wetland buffer strip in regards to size, depth
or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not
include wetland plantings or selective clearing or pruning of prohibited or restricted noxious
weeds as defined in Minnesota Rules 1050.0730 to 1050.0750.
Wetland Buffer Strip is an area of vegetated ground cover around the perimeter of a wetland
that, either in its natural condition or through intervention, has the characteristics of a Buffer
as previously defined.
Purpose
The City shall promote the general health, safety, and welfare of its residents by conserving
and protecting wetlands, avoiding the alteration or destruction of wetlands, and requiring
sound management practices as provided for in the Wetland Conservation Act (WCA) when
development occurs in the vicinity of wetlands. The City seeks to accomplish the following
purposes:
1. Balance the need to preserve and protect natural resources and systems with the
rights of private property owners and the need to support the efficient use of
developable land within the City;
2. Promote water quality by
a. maintaining the ability of wetlands to recharge and receive the discharge of
ground water,
b. preventing soil erosion,
c. retaining sediment, nutrients and toxicants in wetland buffer strip areas
before it discharges into community wetlands, lakes and streams,
d. avoiding contamination and eutrophication of water features;
3. Reduce human disturbances to wetlands by providing a visual and physical
transition from surrounding yards; and
4. Provide wildlife habitat and thereby support the maintenance of diversity of both
plant and animal species within the City.
The Minnesota Wetland Conservation Act and Minnesota Rules 8420 as amended from time
to time are hereby incorporated by reference.
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General Provisions
Unless determined otherwise by the City or the Technical Evaluation Panel (TEP), a
property owner, applicant for building permit, or subdivider, proposing work in or around
wetlands, shall provide the following information:
1. Wetland delineation plan and written report,
2. Wetland impact plan,
3. Wetland mitigation plan, and
4. Any other information deemed necessary under the WCA as determined by the City
or TEP.
A determination regarding wetland impacts must be made by the City or TEP prior to
issuance of a building permit or review of the subdivision by the Planning Commission. Any
conditions required by the City or the TEP will become conditions of building permit
issuance or of the subdivision approval.
Performance Standards
A. Wetland Buffer Strip
A minimum 25 (twenty-five) foot buffer strip from the delineated boundary of a
wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland
buffer strips shall meet the following standards:
i. No structure shall be permitted within the buffer strip.
ii. 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, unless a Vegetation Management Plan or other approval
is granted by the City.
iii. The Applicant shall establish and maintain wetland and wetland buffer strip
vegetation in accordance with the requirements found in Section
iv. The Applicant shall maintain the required buffer strip monumentation at
each Lot line where it crosses a wetland buffer strip and at 200 foot intervals
along the edge of the wetland buffer strip. Each monument shall state
"Wetland Buffer: Under the City Code, no mowing, clearing or removal of
vegetation in the buffer area is allowed. Call the City of Elk River for more
information." The City reserves the right to eliminate this requirement if it
deems it impractical.
v. The City, at its sole discretion, may allow nature trails comprised of natural
materials, to be located within the buffer strip.
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vi. Leisure activities such as hiking, nature studies, canoeing, boating and
horseback riding, including facilities such as nature trails and docks which
allow for such activities are permitted in the buffer strip.
B. Wetland Buffer Strip Setback
A m;n;mum 20 (twenty) foot setback from the wetland buffer is hereby established by
the City. No structure, principle or accessory, shall be located within this setback.
Nature trails, at the City's approval, maybe located within the setback area.
Fences may encroach into the buffer strip setback, but at no time shall they be allowed
within the wetland buffer.
Vegetation Standards
A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas,
the retention of such vegetation in an undisturbed state is required unless an Applicant
receives approval to replace such vegetation. A wetland and/or wetland buffer strip
has acceptable natural vegetation if it:
1. has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least 5 consecutive years, or
2. has an overstory of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least 5 consecutive years, or
3. contains a mixture of the plant communities described in (1) and (2) above that
have been uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the
City Environmental Administrator and/or his/her designee may determine existing
wetland and/or wetland buffer strip vegetation to be unacceptable if it:
1. is composed of Weeds (including, but not limited to common buckthorn, purple
loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes,
Sections 18.76-18.88), or
2. has topography that tends to channelize the flow of surface runoff, resulting in
erosion issues, or
3 ~~~ ~~m° ~~~°° -°°~~~ ~* is unlikely to retain nutrients and sediment.
C. Where wetlands and/or wetland buffer strips, or a portion thereof, are not vegetated
or have been cultivated or otherwise disturbed within 5 years of the permit application,
such areas shall be re-planted and maintained. The wetland and wetland buffer strip
landscaping shall be planted according to the City's planting guidelines or the applicant
shall submit a planting plan for approval by the City.
Variances
Refer to variance section.
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PROJECT LOCATIONS
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JUNE 13, 2006
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