04-09-2018 Council Packet - Laserfiche WebLink

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To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: March 19, 2018 Council Exhibit C 18-000023 Subject: #LA18-000023, City of Orono Text Amendment: Wetland Regulations Public Hearing Application Summary: The city is considering an ordinance that would alter the wetland wetland setback requirements. Staff Recommendation: The Planning Commission should consider changes to the wetland setback regulations. Background With respect to the environmental goals outlined in the comprehensive plan, and in part the Wetland Conservation act requirements, the city establishes wetland Setbacks, an area where no construction may occur. The watershed district establishes a Buffer, when required by their rules. A Buffer does not allow construction or grading, and requires natural vegetation. In 2017 (Case No. 17-3922), the Council reviewed the rules related to wetland delineation and setbacks, and adjusted the delineation requirements for certain projects, and considered changes to the wetland setback requirements, but did not amend these rules. Last fall, the City Council directed staff to prepare an ordinance to reconsider the setback requirements. The Council felt that the additional setback impedes the use of a property with marginal benefit, when considering the Watershed District does not require a buffer in all situations. Based on Council's direction, staff has prepared an ordinance that requires a setback (of 25 feet) when there is not a wetland buffer. When there is a wetland buffer, any structures are required to be outside of the buffer. This modification reduces the distances between improvements and the wetland edge from current levels: Current Proposed When buffer is required Buffer + 10 feet Buffer When buffer is not required 35 feet 25 feet This change also allows a structure in theory to be located at the buffer edge; in these situations, the homeowner runs the risk of impacting the buffer with construction activities (vegetative loss, compaction of soils, grading, etc.). Recognizing the watershed district is a regional agency, and looks to its City partners to protect the watershed on a more local scale (lot by lot), the Commission and Council should be cautious when considering reductions to wetland protection measures. The additional setback provides advantages including Increases land area to allow for infiltration and overland flow Adds area to conduct housekeeping activities without impacting buffer