HomeMy WebLinkAboutNo 895 Amending the Environmental Protection and Critical Area Article of the City Code
ORDINANCE NO. 895
AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION
AND CRITICAL AREA ARTICLE OF THE CITY CODE
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with
wetlands.
Section 1. Findings.
a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering
suspended solids and pollutants. They reduce flooding and erosion, provide open space for
human interaction, and are an integral part of the city’s environment. Depending upon their type,
size, and location within a watershed, they represent important physical, educational, ecological,
aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed
to support the city’s efforts to reduce flooding and to protect the public health, safety, and general
welfare.
b. Wetlands and buffers provide habitat for aquatic, semi-aquatic, and terrestrial wildlife, including
rare, threatened, or endangered species. They provide breeding, nesting and feeding grounds
for many forms of plant and animal life. Many species of wildlife require both wetlands and their
associated upland buffers for survival. Protecting wetlands and buffers is essential for preserving
the diversity of plant and animal species in the city.
c. Streams are also significant elements of the city’s hydrologic system. Streams flow into wetlands
and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of
the city’s environment. Like wetlands, streams are an important physical, ecological, aesthetic,
recreational, and economic asset.
d. Various existing state and federal laws restrict activities and development within wetlands and
streams. The city finds that development adjacent to and surrounding wetlands may also degrade
and pollute wetlands or accelerate the aging or elimination of wetlands and that development next
to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters
downstream. Regulating development and land use around wetlands and streams is therefore in
the public interest.
e. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are
deemed important for maintaining the health and valuable functions of such wetlands and
streams. Restricting development of and land use in buffers recognizes that the surrounding
upland impacts the quality and functions of wetlands and streams and, therefore, is in the public
interest.
f. Buffers planted with native or naturalized vegetation serve the following functions:
(1) Stabilize soil and prevent erosion.
(2) Preserve and enhance the quality of surface water by reducing the input of suspended
solids, nutrients, and harmful chemical substances that may adversely impact public
health or aquatic habitat.
(3) Filter suspended solids, nutrients, pollutants, and harmful substances so that they do not
enter the wetland or stream.
(4) Moderate water level fluctuations during storms.
(5) Protect beneficial plant life and provide habitat for wildlife.
(6) Provide shade to reduce the temperature of both stormwater runoff and the wetland,
thereby helping to maintain the conditions for healthy aquatic life.
(7) Reduce the adverse impacts of human activities on wetlands and streams and thereby
preserve them in a natural state.
g. In addition to regulating development and land use around wetlands, this ordinance is intended to
educate the public (including appraisers, owners, potential buyers, and developers) about the
importance of wetlands and streams and the functions of buffers and to encourage property
owners who live adjacent to and/or near wetlands and streams to be responsible stewards by
managing and enhancing the quality of buffers as hereinafter described.
Section 2. Definitions.
The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed
to them in this section, except where the context of the word, terms, and phrases clearly indicates a
different meaning.
Administratormeans the director of the community development department or other person or persons
charged with the administration and enforcement of this ordinance.
Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat
in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving,
construction, application of gravel, discharging pollutants (including herbicides and pesticides), and
compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass
removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, or
applying herbicides or any hazardous or toxic substance designed to kill plant life. Alteration does not
include the following activities in a buffer:
a. Walking, passive recreation, fishing, or other similar low-impact activities.
b. The maintenance of pre-existing, nonconforming lawn area.
c. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a
manner that does not cause the compacting or disturbing of soil through vehicle or equipment
use.
d. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in
accordance with application methods that prevent the introduction of toxic chemicals into
wetlands and streams.
e. The removal of non-native shrubs, such as buckthorn, if:
1. there is little chance of erosion; and
2. site is flat or generally has slopes less than 6 percent grade; and
3. cut and treat method of removal is used on shrubs more than one-half (½) inches in
diameter (not pulling).
f.Selectivemanagement of vegetation as follows:
1.Selective pruning of trees or shrubs in order to enhance their health.
2.Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance
wildlife value of the buffer.
3.Selective removal of non-native trees.
4.Selective removal of non-native weeds.
5.Selective seeding or planting of vegetation that is native to Minnesota.
g. Installation of temporary fencing without footings.
h. Projects within the buffer that are the subject of a wetland buffer management worksheet
approved by the administrator.
Best management practices (BMP’s) mean measures taken to minimize negative effects of stormwater
runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins,
infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces,
planting of deep-rooted native plants, landscape and pavement maintenance.
Buffers are land areas adjacent to wetlands and streams in which development and land use are
restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be
preserved and encouraged in accordance with this ordinance.
Clearingmeans the cutting or removal of vegetation.
Enhancement means an action that increases the functions and values of a wetland, stream, or buffer.
Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by
water, wind, ice, and gravity.
Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground.
An infiltration basin will typically drain within forty-eight (48) hours of a storm event.
Lake means an area of open, relatively deep water that is large enough to produce a wave-swept shore.
Lake shall also be defined as a “public water” as delineated and listed in the city’s shoreland ordinance
(Article IX).
Large-scale project means a vegetation maintenance, control, removal, mitigation or restoration project
that will affect more than fifty percent (50%) of a buffer located on a piece of property.
Lawn area means that area within a buffer with maintained landscape, including areas of mowed turf
grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area
does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land
area that is outside of a buffer.
Minnesota Routine Assessment Method (MnRAM)is a scientific methodology to assess the quality of
wetlands.
Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a
buffer or wetland.
Native area means an area where native vegetation exists.
Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities
metropolitan area and that could have been expected to naturally occur on the site. Native vegetation
does not include noxious weeds.
Naturalized area means an area where naturalized vegetation exists and does not include a lawn area.
Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally
without having been planted or maintained as a lawn area. It may be a native or non-native species.
Nonconforming lawn area means that area within a buffer with maintained landscape (lawn area) as of
the date of adoption of this ordinance. Once a nonconforming lawn area is converted to native or
naturalized buffer, it loses its legal nonconforming status and may not thereafter be treated as a
nonconforming lawn area.
Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law.
(See also weed.)
Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for
enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that
point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
Public watersmeans water basins assigned a shoreline management classification by the Minnesota
Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to
103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes.
Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within
forty-eight (48) hours of a storm event.
Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar
to that before development of the surrounding area.
Selective means vegetation management done in a naturalized or native buffer, where a minimal amount
of vegetation is altered, with the goal of improving ecological quality of the buffer and/or its ability to filter
stormwater runoff.
Semipublic means land that is maintained by a private organization for public use.
Setback means the minimum horizontal distance between a structure and the nearest edge of the
wetland, stream, or buffer.
Slope means the inclination of the natural surface of the land from the horizontal; commonly described as
a ratio of the length to the height.
Stormwater pond means a pond that has been created to capture stormwater runoff. It is not a natural
wetland. Stormwater is often piped into stormwater ponds but may also enter through sheet runoff.
Stormwater pond edge means the normal high water level for a stormwater pond.
Straight-edge setback is a measurement to determine the allowable setback of an addition to an existing
house, garage, deck or driveway which is located closer to or within the required buffer. Straight-edge
setback additions are measured by using the existing edge of the house, garage, deck, or driveway
located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction.
No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the
existing structure.
Streammeans those areas where surface waters produce a defined channel or bed. A defined channel
or bed is land that clearly contains the constant passage of water under normal summer conditions.
Structure means anything constructed or erected that requires location on the ground or attached to
something having location on the ground.
Sustainable design means a development design which minimizes impacts on the landscape.
Temporary erosion control means methods of keeping soil stable during construction or grading.
Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets,
bale slope barriers, or other best management erosion control methods approved by the city.
Variance means a deviation from the standards of this ordinance that is not specifically allowed.
Vegetation means any plant life growing at, below, or above the soil surface.
Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also
noxious weed.)
Wetlandsmeans those areas of the city inundated or saturated by groundwater or surface water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed
the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and
other documentation of the previous existence of wetland vegetation such as aerial photographs. This
definition does not include lakes or stormwater ponds as herein defined.
Wetlands adjacent to lakes means those areas of land or vegetation that have been classified as
wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment
Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein.
Wetland classes are defined follows:
a.Manage A wetlands are based on the “Preserve” wetland classification as defined in MnRAM.
These wetlands are exceptional and the highest-functioning wetlands in Maplewood.
b.Manage B wetlands are based on the “Manage 1” wetland classifications as defined in MnRAM.
These wetlands are high-quality wetlands.
c.Manage C wetlands are based on the “Manage 2” wetland classifications as defined in MnRAM.
These wetlands provide moderate quality.
d.Stormwater Pond– These are ponds created for stormwater treatment. A stormwater pond shall
not include wetlands created to mitigate the loss of other wetlands.
Wetland functions mean the natural processes performed by wetlands. These include providing wildlife
food and habitat, maintaining the availability of water, purifying water, acting as a recharge and discharge
area for groundwater aquifers, moderating the flow of surface water and stormwater, and performing
other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations.
Wetland buffer management worksheet is a printed form available through the community development
department which is required to be completed by a property owner who wishes to undertake certain
activities in a wetland or stream buffer. The activities proposed by the property owner on the worksheet
must be approved by the administrator prior to any work in the buffer.
Wetland or stream edge means the line delineating the outer edge of a wetland or stream. The wetland
edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency,
the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation
Service, or succeeding publication that is adopted by the Federal Government. The applicable
watershed district must verify this line.
Section 3. Applicability and Effective Date.
a.Applicability.
1. This ordinance shall take effect after the city publishes it in the official newspaper.
2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real
property which is located in a wetland, stream, or buffer or any person or use that would
alter a wetland, stream, or buffer after adoption of this ordinance (December 14, 2009).
3. The city adopts the wetland classification map dated December 14, 2009, which is based
on wetland classifications from the MnRAM studies and assigned by the applicable
watershed district. Other wetland classification regulations are as follows:
a. The city council will adopt changes to the wetland map which are based on
MnRAM studies conducted and approved by watershed districts.
b. Any wetland not currently assigned a classification based on MnRAM studies as of
the date of the adoption of this ordinance (December 14, 2009) shall carry over the
city’s April 24, 1995, wetland classifications and shall be assigned the following
management classes:
1) Class 1 wetlands are defined as Manage A wetlands.
2) Class 2 wetlands are defined as Manage A wetlands.
3) Class 3 wetlands are defined as Manage B wetlands.
4) Class 4 wetlands are defined as Manage C wetlands.
5) Class 5 wetlands are defined as stormwater ponds.
c. Wetlands adjacent to lakes will be regulated by this ordinance until December 31,
2012, or until the city adopts a new shoreland ordinance that includes the
regulation of these wetlands, whichever occurs first.
d. Appeals to the wetland classifications are within the jurisdiction of the applicable
watershed district and shall be filed and heard pursuant to the administrative
review process of that district. In the event that an appeal is granted, the city will
recognize the results of that appeal for purposes of the classification of wetlands
within the city.
4. When any provision of any ordinance conflicts with this ordinance, the provision that
provides more protection for buffers, wetlands, or streams shall apply unless specifically
provided otherwise in this ordinance. This also applies to the applicable watershed district
regulations.
b.Exemptions. This section does not apply to the following property located in the city limits of
Maplewood:
1. Property which is located within a buffer, but is separated from the wetland or stream by
an existing road.
2. Buildings and structures not in conformity with the regulations prescribed in this ordinance
as of its effective date shall be regarded as nonconforming and may continue.
3. Lawn areas not in conformity with regulations prescribed in this ordinance as of its
effective date shall be regarded as nonconforming and may continue. A nonconforming
lawn area will lose its legal nonconforming status if it is converted to native or naturalized
buffer and may not thereafter be treated as a lawn area.
Section 4. Buffer Widths and Requirements.
a.Minimum buffers. The following are the minimum required buffer widths and structure setbacks:
Buffer Wetland Classes
Manage A Stormwater
& Streams Manage B Manage C Pond
Minimum Buffer Width 100 ft. 75 ft. 50 ft. 10 ft.
Structure Setback from
Edge of Buffer 0 0 0 10 ft.
b.Buffer measurement. Buffers shall be measured from the wetland or stream edge.
c.Buffers containing slopes. For new development or construction on slopes greater than
eighteen percent (18%) that are within a buffer, the buffer width shall be increased to ten (10) feet
beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland
classes.
d.Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions
than wetlands and streams and are used for different recreational purposes, wetlands adjacent to
lakes and their designated buffers shall have alternative buffers. The following alternative buffers
for wetlands adjacent to lakes will apply until December 31, 2012, or until the city adopts a new
shoreland ordinance that includes the regulation of these wetlands, whichever comes first.
Buffer Wetland Classes (for Wetlands Adjacent to Lakes)
Manage A Manage B Manage C
Minimum Buffer Width 75 ft. 50 ft. 50 ft.
e.Average Buffers: Recognizing that there are instances where, because of the unique physical
characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may
be necessary to allow for the reasonable use of the land during a development or construction
project. In such cases decreasing the minimum buffer width will be compensated for by
increased buffer widths elsewhere in the same parcel to achieve the required average buffer
width.
1. The average buffer standards set forth below may be applied based on an assessment of
the following:
a) Undue hardship would arise from not allowing the average buffer, or would
otherwise not be in the public interest.
b) Size of parcel.
c) Configuration of existing roads and utilities.
d) Percentage of parcel covered by wetland.
e) Configuration of wetlands on the parcel.
f) Averaging will not cause degradation of the wetland or stream.
g) Averaging will ensure the protection or enhancement of portions of the buffer
which are found to be the most ecologically beneficial to the wetland or stream.
2. The following are the average buffer widths:
Buffer Wetland Classes
Manage A
& Streams Manage B Manage C
Minimum Buffer Width 75 ft.50 ft. 50 ft.
Average Buffer Width 100 ft. 75 ft. N/A
3. Average buffer measurement. Average buffer measurement shall be determined by
averaging the buffer along the wetland edge situated on the subject property, not the
entire wetland.
4. A mitigation plan is required for construction of development projects which meet the
requirements described in Section 5.d. (Mitigation).
5. The appropriateness of using average buffers will be evaluated as part of the review of the
contractor’s or owner’s development application. The average buffer used must be within
the spirit and intent of this ordinance and must meet one or more of the requirements
described in Section 7 (Best Management Practices).
6. The administrator must approve the average buffer.
7. If an average buffer is denied by the administrator, an applicant may appeal the denial by
submitting a written appeal request to the administrator within fifteen (15) days of the
administrator’s written denial of the average buffer. The administrator shall send appeals
of average buffers to the environmental and natural resources commission for review.
8. If an average buffer is denied by the environmental and natural resources commission, an
applicant may appeal the denial by submitting a written appeal request to the
administrator within fifteen (15) days of the commission’s denial of the average buffer.
The administrator shall send these appeals to the city council for final review.
Section 5. Development and Construction.
a. Unless an exemption applies, the following development and construction activities are not
allowed in wetlands, streams, or buffers:
1. Alterations, including the filling of wetlands.
2. The construction of structures.
3. Projects which convert native or naturalized areas to lawn area.
4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins,
and rain gardens within a buffer.
5. Discharge of stormwater to a wetland not in compliance with the city’s stormwater
management ordinance (Section 44-1245, or subsequent ordinances).
b.Exemptions. This section does not apply to the following activities in a buffer:
1. Walking, passive recreation, fishing or other similar low-impact activities.
2. The maintenance of pre-existing, nonconforming lawn area.
3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in
a manner that does not cause the compacting or disturbing of soil through vehicle or
equipment use.
4. The removal of noxious weeds by non-chemical methods, or by means of chemical
treatment in accordance with application methods that prevent the introduction of toxic
chemicals into wetlands and streams.
5. The removal of non-native shrubs, such as buckthorn, if:
a) there is little chance of erosion; and
b) site is flat or generally has slopes less than 6 percent grade; and
c) cut and treat method of removal is used on shrubs more than one-half (½) inches
in diameter (not pulling).
6.Selective management of vegetation as follows:
a) Selective pruning of trees or shrubs in order to enhance their health.
b) Selective removal of tree saplings (less than 2 inches in diameter) in order to
enhance wildlife value of the buffer.
c) Selective removal of non-native trees.
d) Selective removal of non-native weeds.
e) Selective seeding or planting of vegetation that is native to Minnesota.
7. Installation of temporary fencing without footings.
8. Projects within the buffer that are the subject of a wetland buffer management worksheet
approved by the administrator.
9. Public or semi-public streets and utilities. The city council may waive the requirements of
this ordinance for the construction or maintenance of public or semipublic streets and
utilities through buffers where it determines that there is a greater public need for the
project than to meet the requirement of this ordinance. In waiving these requirements the
city council shall apply the following standards:
a) The city may only allow the construction of public or semipublic utilities and streets
through buffers where there is no other practical alternative.
b) Before the city council acts on the waiver the planning commission and the
environmental and natural resources commission shall make a recommendation to
the city council. The planning commission shall hold a public hearing for the
waiver. The city shall notify the property owners within five hundred (500) feet of
the property for which the waiver is being requested at least ten (10) days before
the hearing.
c) Utility or street corridors shall not be allowed when endangered or threatened
species are found in the buffer.
d) Utility or street corridors, including any allowed maintenance roads, shall be as far
from the wetland as possible.
e) Utility or street corridor construction and maintenance shall protect the wetland
and buffer and avoid large trees as much as possible.
f) The city shall not allow the use of pesticides or other hazardous or toxic
substances in buffers or wetlands; however, in some situations the use of
herbicides may be used if prior approval is obtained from the administrator.
g) The owner or contractor shall replant utility or street corridors with appropriate
native vegetation, except trees, at preconstruction densities or greater after
construction ends. Trees shall be replaced as required by city ordinance.
h) Any additional corridor access for maintenance shall be provided as much as
possible at specific points rather than to the road which is parallel to the wetland
edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet
wide.
i) The city council, upon recommendation of the administrator, may require additional
mitigation actions as a condition of granting the waiver.
10. Public or semipublic trails. The city may waive the requirements of this ordinance for the
construction or maintenance of public or semipublic trails through buffers, and boardwalks
in wetlands, where it determines that there is a greater public need for the project than to
meet the requirement of this ordinance. In waiving these requirements the city shall apply
the following standards:
a) Trails shall not be allowed when endangered or threatened species are found to
be present in the buffer.
b) Buffers shall be expanded, equal to the width of the trail corridor.
c) The owner or contractor shall replant all disturbed areas next to the trail in a
timeframe approved by the city.
d) All necessary erosion control measures must be in place before constructing a
trail. The erosion control measures must also be maintained and inspected by the
city to ensure that the wetland or stream is not compromised by trail construction
activities.
e) The trail must be designed and constructed with sustainable design methods.
f) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in
width for semipublic use and twelve (12) feet in width for public use.
g) The administrator may require additional mitigation actions as specified in Section
5.d. (Mitigation).
c.Construction Practices. Special construction practices shall be required on projects or
developments adjacent to wetlands and adjacent to and in their buffers. Special construction
practices shall be approved by the administrator before issuance of a grading or building permit.
Such practices may include, but are not limited to, grading, sequencing, vehicle tracking
platforms, additional silt fences, and additional sediment control. They may also include the
following:
1. Wetland Buffer Sign Standards: The city may require that a property owner or developer
install wetland signs before grading or starting construction. The buffer will be identified by
installing wetland signs on the boundary between a buffer and adjacent land. These signs
shall mark the edge of the buffer and shall state there shall be no building, mowing,
cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line
where it crosses a wetland or stream buffer, and where needed to indicate the contour of
the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge.
2. Erosion Control Installation: Before grading or construction, the owner or contractor shall
put into place erosion control measures around the borders of buffers. Such erosion
control measures must remain in place until the owner and contractor have finished all
development activities that may affect the buffer.
3. Erosion Control Breaches: All erosion control measures must be maintained and
inspected to ensure compliance and protection of wetlands, streams, and buffers. The
owner or contractor shall be responsible for all erosion/sedimentation breaches within the
buffer and shall restore impacted areas to conditions present prior to grading or
construction activities.
4. Erosion Control Removal: After completion of grading or construction, the contractor or
owner may remove the erosion control measures only after inspection and approval by the
city and the applicable watershed district to ensure the areas affected have been
established per requirements.
5. Platting: When platting or subdividing property, the plat or subdivision must show the
wetland boundaries as approved by the applicable watershed district.
6. It is the responsibility of the owner to alleviate any erosion during and after completion of
grading or construction. The owner or contractor must remove erosion control measures
after final approved inspection by the city and the applicable watershed district.
d.Mitigation.Forlarge-scale projects or new development or construction, the city requires
mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The
property owner or contractor shall submit a mitigation plan to the administrator for approval. In
reviewing the plan, the city may require one or more of the following actions:
1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by
using appropriate technology.
2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer.
3. Reducing or eliminating the impact over time by prevention and maintenance operations
during the life of the actions.
4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land
at a two-to-one ratio.
5. Monitoring the impact and taking appropriate corrective measures.
6. Where the city requires restoration or replacement of a buffer, the owner or contractor
shall replant the buffer with native vegetation. A restoration plan must be approved by the
city before planting.
7. Any additional conditions required by the applicable watershed district and/or the soil and
water conservation district shall apply.
8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one
hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be
required based on the size of the project as deemed necessary by the administrator.
Funds will be held by the city until successful completion of restoration as determined by
the city after a final inspection. Wetland or buffer mitigation surety does not include other
sureties required pursuant to any other provision of city ordinance or city directive.
Section 6. Activities in Wetlands, Streams, and Buffers.
a.Unless an exemption applies, the following activities are not allowed in wetlands, streams,
or buffers:
1. Alterations, including the filling of wetlands.
2. The construction of structures.
3. Projects which convert native or naturalized areas to lawn area.
4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins,
and rain gardens within a buffer.
5. The discharging of stormwater to a wetland must comply with the city’s stormwater
management ordinance (Section 44-1245, or subsequent stormwater ordinances).
b.Wetland buffer management worksheet. A wetland buffer management worksheet is required
for certain activities within a wetland and stream buffer:
1. The administrator must approve wetland buffer management worksheets.
2. If a wetland buffer management worksheet is denied by the administrator, an applicant
may appeal the denial by submitting a written appeal request to the administrator within
fifteen (15) days of the administrator’s written denial of the average buffer. The
administrator shall send appeals of average buffers to the environmental and natural
resources commission for review.
3. If a wetland buffer management worksheet is denied by the environmental and natural
resources commission, an applicant may appeal the denial by submitting a written appeal
request to the administrator within fifteen (15) days of the commission’s denial of the
average buffer. The administrator shall send these appeals to the city council for final
review.
c.Exemptions. This section does not apply to the following activities in a buffer:
1. Walking, passive recreation, fishing or other similar low-impact activities.
2. The maintenance of pre-existing, nonconforming lawn area.
3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in
a manner that does not cause the compacting or disturbing of soil through vehicle or
equipment use.
4. The removal of noxious weeds by non-chemical methods, or by means of chemical
treatment in accordance with application methods that prevent the introduction of toxic
chemicals into wetlands and streams.
5. The removal of non-native shrubs, such as buckthorn, if:
a) there is little chance of erosion; and
b) site is flat or generally has slopes less than 6 percent grade; and
c) cut and treat method of removal is used on shrubs more than one-half (½) inches
in diameter (not pulling).
6.Selective management of vegetation as follows:
a) Selective pruning of trees or shrubs in order to enhance their health.
b) Selective removal of tree saplings (less than 2 inches in diameter) in order to
enhance wildlife value of the buffer.
c) Selective removal of non-native trees.
d) Selective removal of non-native weeds.
e) Selective seeding or planting of vegetation that is native to Minnesota.
7. Installation of temporary fencing without footings.
8. Projects within the buffer that are the subject of a wetland buffer management worksheet
approved by the administrator.
9. For properties that are zoned single or double-dwelling residential or are used as a single
or double-dwelling residential use:
a) The use, maintenance, and alteration of existing nonconforming lawn area for the
purpose of outdoor enjoyment which may include gardening, nonpermanent
structures (including such things as storage sheds under 120 square feet in area,
swing sets and volleyball nets), impervious patios, or fire pits.
b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of
Natural Resources water permitting process and access to those areas by a trail which is limited
to the width of the permit.
Section 7. Best Management Practices.
The city encourages and in some cases requires that best management practices be implemented to
minimize negative effects of stormwater runoff on the environment and the loss of wildlife habitat when a
property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management
practices may include the following:
a.Restore buffer with native plantings. For large-scale projects or new development or
construction refer to Section 5.d. (Mitigation).
b.Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed
list must be controlled by the property owner. Owners are encouraged to control other weeds
that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a
wetland buffer management worksheet is required for management of weeds within the native
and naturalized areas of buffers, except for selective treatment. In addition, a management plan
drafted by a professional experienced in wetland and stream restoration may be needed for large-
scale projects or new development including:
1. Target weeds.
2. Appropriate management techniques, including the use of chemical treatment if approved
by the administrator as part of the management plan.
3. Management schedule.
4. Erosion control and reseeding if management will create large areas of dead vegetation.
5. Cash escrow or letter of credit to cover 150 percent of the required work.
c.Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a
wetland or stream. This may be achieved through the following strategies or other administrator
approved best management practices for dealing with stormwater. These practices are to be
located outside of the wetland buffer.
1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared
parking with other businesses).
2. Use pervious pavement such as pavers or porous asphalt.
3. Use turf pavers or modified turf areas for overflow parking.
4. Install rain garden or infiltration basin.
5. Install rock trench or rock pit.
6. Install filter strip of grass or native vegetation.
7. Install surface sand filter or underground filter.
8. Install native plantings on site to reduce fertilizer use and improve infiltration.
9. Install a green roof on buildings.
10. Install grit chambers, sediment traps, or forebays.
Section 8. Variances.
a.Procedures. Procedures for granting variances from this ordinance are as follows:
1. The city council may approve variances to the requirements in this ordinance.
2. Before the city council acts on a variance the environmental and natural resources
commission will make a recommendation to the planning commission, who will in turn
make a recommendation to the city council. The planning commission shall hold a public
hearing for the variance. The city shall notify property owners within five hundred (500)
feet of the property for which the variance is being requested at least ten (10) days before
the hearing.
3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration
impacts with the approval of a variance, including but not limited to, implementing one or
more of the strategies listed in Section 5.d. (Mitigation).
4. To approve a variance, the council must make the following findings as depicted in
Minnesota Statutes, section 44-13:
a) Strict enforcement would cause undue hardship because of circumstances unique
to the property under consideration. The term "undue hardship" as used in
granting a variance means the owner of the property in question cannot put it to a
reasonable use if used under conditions allowed by the official controls; the plight
of the landowner is due to circumstances unique to his property, not created by the
landowner; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone are not an undue hardship if reasonable
use for the property exists under the terms of this ordinance.
b) The variance would be in keeping with the spirit and intent of this ordinance.
b.Exemptions to Variances. Variances are not needed for the following:
1. A nonconforming single or double-dwelling residential structure which loses its
nonconforming status as described in Minnesota Statutes, section 462.357, subdivision
1(e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and
decks) in the buffer if the new single or double-dwelling family residential structure meets
the following conditions:
a) Best management practices are implemented to help protect the wetland as
described in Section 7 (Best Management Practices). The administrator approves
the location and best management practices through the building permit process.
b) All other applicable building ordinance requirements are met.
2. A nonconforming manufactured home which is located within a wetland buffer can be
replaced with a new manufactured home without approval of a variance as long as the
replacement meets with the requirements of Minnesota Statutes, section 462.357,
subdivision 1(a).
3. Additions to a nonconforming single or double-dwelling family house, garage, deck, or
driveway using the existing straight-edge setbacks to a wetland or stream if the following
apply:
a) Property that is zoned single or double-dwelling residential or is being used as a
single or double-dwelling residence.
b) There is no other reasonable alternative than encroachment toward the wetland or
stream with the addition.
c) The new addition of the house, garage, deck, or driveway is a minimum of twenty-
five (25) feet from the wetland or stream edge.
d) The process of constructing the addition does not cause degradation of the
wetland, stream, or the existing buffer.
e) Mitigation actions must be met as specified in Section 5.d. (Mitigation).
Section 9. Enforcement.
The city reserves the right to inspect the site or property during regular city business hours or upon
notice to the property owner or its designated representative one business day in advance if the
inspection is to occur at a different time for compliance with this ordinance during development or
construction or alteration pursuant to an approved wetland buffer management worksheet or plan.
The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with
or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall
be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The
violator may be civilly fined and/or liable for restoration costs as well. All land use building and grading
permits shall be suspended until the developer has corrected the violation. Each day that a separate
violation exists shall constitute a separate offense.
The city council approved the first reading of this ordinance on November 9, 2009.
The city council approved the second reading of this ordinance on December 14, 2009.