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ARTICLE XI. -WETLANDS PROTECTION
<br /> DIVISION 1. -GENERALLY
<br /> Sec. 78-1601. -Purpose and intent.
<br /> (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and
<br /> hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent
<br /> properties in conjunction with the goals of the environmental protection plan within the community
<br /> management plan. These functions include, but are not limited to, sediment control, pollution control,
<br /> filtration, fish and wildlife habitat and aquifer recharge. The surface water management plan will
<br /> provide guidance for stormwater treatment requirements and wetland restoration opportunities in
<br /> order to protect the integrity of wetlands.
<br /> (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a
<br /> reasonable use of the property. This section adopts the regulations and standards of the Wetland
<br /> Conservation Act of 1991 (WCA), Laws of Minnesota 1991, Chapter 354, as amended, and the rules
<br /> adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district
<br /> further regulates the underlying land use as allowed by other districts or the WCA.
<br /> (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 94 3rd series, § 8, 9-24-2012; Ord.No. 103 3rd
<br /> series, § 1, 5-28-2013)
<br /> DIVISION 2. - DESIGNATION OF PROTECTED WETLANDS
<br /> Sec. 78-1602. -Wetland types.
<br /> The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as
<br /> defined in circular 39, "Wetlands of the United States", 1971 edition, United States Department of the
<br /> Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding
<br /> setbacks would apply. Protected wetlands are further defined as follows:
<br /> (1) Type 1—Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally flooded
<br /> basins or flats in which soil is covered with water or is waterlogged during variable seasonal
<br /> periods but usually is well-drained during much of the growing season. Type 1 wetlands are
<br /> located in depressions and in overflow bottom lands along water courses. Vegetation varies
<br /> greatly according to the season and duration of the flooding, and includes bottom land
<br /> hardwoods, as well as herbaceous plants.
<br /> (2) Type 2—Inland fresh meadow: Occurs along the shallow edges of lakes, marshes and
<br /> floodplains, or in perched depressions. The soil is usually without standing water during much of
<br /> the growing season, but is waterlogged within at least a few inches of the surface. Vegetation
<br /> includes grasses, sedges, rushes and various herbaceous plants.
<br /> (3) Type 3—Inland shallow fresh marsh: Soil is usually water logged during the growing season,
<br /> often covered with as much as six inches or more of water. Vegetation includes grasses,
<br /> bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation.
<br /> (4) Type 4—Inland deep fresh marsh: Soil covered with six inches to three feet or more of water
<br /> during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water
<br /> areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic
<br /> vegetation.
<br /> (5) Type 5—Inland open fresh water: Water is usually less than ten feet deep and is fringed by a
<br /> border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils
<br /> and other submergent aquatic vegetation.
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