Chapter Number 152, Wetland Conservation

CHAPTER 152:  WETLAND CONSERVATION

Section

            152.01 Purpose

            152.02 Incorporation by reference

            152.03 Scope

            152.04 Procedures

            152.05 High priority areas

            152.06 Delegation

• 152.01 PURPOSE.

            This section is adopted to implement the Wetland Conservation Act of 1991 (Minnesota Laws 1991, Chapter 354, as amended) and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minn. Rules, Chapter 8420, as it may be amended from time to time).

(Prior Code, § 29.01)

• 152.02 INCORPORATION BY REFERENCE.

            This chapter incorporates by reference the Act and the Rules. Terms used in this chapter which are defined in the Act or the Rules have the meanings given there.

(Prior Code, § 29.02)

• 152.03 SCOPE.

            This chapter regulates the draining and filling of wetlands and parts of wetlands within the city.  It is part of the official controls of the city. Conflicts with other official controls must be resolved in favor of providing the most wetland protection.

(Prior Code, § 29.03)

• 152.04 PROCEDURES.

            (A)      Exemption and no-loss determinations.  Exemption and no-loss determinations under Minn. Rules, parts 8420.0210 and 8420.0220, as they may be amended from time to time, shall be made by the Zoning Administrator. The Administrator should seek the advice of the technical evaluation panel on questions of wetland delineation and type.  The Administrator’s decision is final unless appealed to the Board of Adjustment within 30 days.

            (B)       Sequencing and replacement plan decisions. Sequencing and replacement plan decisions under Minn. Rules, part 8420.0520 through 8420.0550, as they may be amended from time to time, shall be made following the same procedures as for conditional use permits, plus the additional notice and time requirements of Minn. Rules, part 8420.0230, as it may be amended from time to time. If the amount of wetland to be drained or filled is less than one-tenth of an acre, the sequencing determination under Minn. Rules, part 8420.0520, as it may be amended from time to time, shall be made by the Zoning Administrator.

            (C)       Monitoring. The Zoning Administrator shall assure that the replacement plan monitoring and enforcement requirements of Minn. Rules, parts 8420.0600 through 8420.0630, as they may be amended from time to time, are fulfilled.

            (D)      Wetland banking. Wetlands may be restored or created within the city for purposes of deposit in the wetland bank in accordance with Minn. Rules, parts 8420.0700 through 8420.0760, as they may be amended from time to time. The Zoning Administrator is responsible for approving bank plans, certifying deposits and monitoring of banked wetlands and enforcement under the rules.

            (E)       Appeals. Decisions made under this section may be appealed to the Board of Water and Soil Resources under Minn. Rules, part 8420.0250, as it may be amended from time to time, after administrative appeal rights under the official controls have been exhausted.

            (F)       Variances. The Board of Adjustment may issue variances from the official controls of the city so long as the variances do not vary requirements of the Act or the Rules.

            (G)      Technical evaluation panel. The City Council shall appoint a person to serve on the technical evaluation panel. The person must be a technical professional with expertise in water resources management.

            (H)      Determination of technical evaluation panel. Decisions under this section must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size and/or type if the decision-maker, the landowner or a member of the technical panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minn. Rules, part 8420.0240, as it may be amended from time to time.

            (I)        Recommendations of technical evaluation panel. The Planning Commission may seek and shall consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions.

(Prior Code, § 29.04)

• 152.05 HIGH PRIORITY AREAS.

            Decisions regarding sequencing, replacement plans and banking shall particularly favor preservation, restoration and creation of wetlands in high priority areas as identified in water management plans pursuant to Minn. Rules, part 8420.0350, as it may be amended from time to time.

(Prior Code, § 29.05)

• 152.06 DELEGATION.

            The City Council may by joint powers agreement delegate to the soil and water conservation district under M.S. §§ 471.59 and 103C.331, Subd. 19, as it may be amended from time to time, the authority to administer all or any part of this section.

(Prior Code, § 29.06)