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4.5. D 10-07-1996MEMORANDUM ITEH 4.5.D ty of TO: iver MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: OCTOBER 7, 1996 SUBJECT: CHANGES TO THE WETLAND CONSERVATION ACT As the Council is aware there have been legislative changes to the Wetland Conservation Act (WCA) in 1996. One misconception is that wetland replacement in Elk River has been reduced from a 2 to I ratio down to a I to 1. Two acres of replacement wetland is still required for each acre filled. The significant changes to the WCA in 1996 include: It is now possible to fill up to 5,000 square feet (verses 400 under the old rules) of types 1,2,6 and 7 wetlands without replacement as long as the wetland is not in a shoreland district. A simple grading permit is required to exercise this exception to the WCA. Road upgrades for safety purposes still require a replacement of two acres of wetland for each acre filled. However, under the new rules the Board of Soil and Water Resources now does the replacement. This new rule will apply to the City's upgrade of 171st Avenue. Under the old rules the City had to create wetland by the Street Department's maintenance building for wetland filled when 221st Avenue was straightened. Of course these changes are far more complicated than elaborated on in this memo. Staff will be at Monday night's meeting to explain in detail, if it is the Council's desire. s:kb&z\stever\ccwca.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425