HomeMy WebLinkAboutNo 928 Amending the Environmental Protection and Critical Area Article of the City Code (Wetland Ordinance)
ORDINANCE NO. 928
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 Chapter 18, Article V (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,
educational, 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.
Boathousemeans a structure designed and used solely for the storage of boats or boating
equipment.
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.
Incidental wetlandmeans a wetland which did not naturally occur, but was incidentally created
by humans.
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.
Mitigation planmeans a plan submitted by an applicant and approved by the city that shows
strategies for reducing, rectifying, eliminating, or compensating 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 or citizen for use by a larger
group of people to include employees, neighbors, or the general public.
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.
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.
Water-oriented accessory structuremeans a small, aboveground building or other improvement
that the owner needs to locate closer to public waters than the normal structure setback. Such a
setback would be because of the relationship of its use to a surface water feature. Examples of
such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump
houses or freestanding decks. The definition of water-oriented accessory structures or facilities
shall not include stairways, fences, docks or retaining walls.
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 as 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) and revisions of this ordinance (February 11, 2013).
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. 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.
b. 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. The city council will adopt changes to the wetland map which are approved by
watershed districts.
5. 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 as
follows:
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 for freestanding wetlands:
Buffer Wetland Classes (for Freestanding Wetlands)
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. The following are the average buffer widths for wetlands adjacent lakes:
Buffer Wetland Classes (for Wetlands Adjacent to Lakes)
Manage A Manage B Manage C
Minimum Buffer Width 50 ft. 50 ft. 50 ft.
Average Buffer Width 75 ft. N/A. N/A
4. 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.
5. A mitigation plan is required for construction of development projects which meet
the requirements described in Section 5.d. (Mitigation).
6. 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).
7. The administrator must approve the average buffer.
8. 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.
9. 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 maintenance of wetlands and buffers. The city may waive the
requirements of this ordinance for public operations required to properly maintain
in and around water bodies 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) All necessary erosion control measures must be in place before activities
begin.
b) The public entity performing the work shall replant all disturbed areas
within the buffer with native plantings.
c) The city may require additional mitigation actions as specified in Section
5.d. (Mitigation).
10. 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 environmental and natural
resources commission and the planning commission shall make a
recommendation to the city council. The city 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 near endangered or
threatened species.
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.
11. 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 near endangered or threatened species.
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 for public or semipublic 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. For large-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 wetland ordinance variance the environmental
and natural resources commission and the planning commission, will make a
recommendation to the city council. The city 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 city council shall apply the findings for variance
approval as required in Minnesota Statutes.
5. The applicant for a variance shall submit, with the variance application and any
other required materials, a statement showing how the proposal would meet the
findings for variance approval.
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).
4. Water-oriented accessory structure or boat house which is located within a
wetland buffer for a wetland adjacent a lake if the structure meets the city’s
Shoreland ordinance requirements.
5. Stairways, lifts and landings which are located within a wetland buffer for a
wetland adjacent a lake if the stairway, lift and landing meets the city’s Shoreland
ordinance requirements.
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 this ordinance on February 11, 2013