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distance, and/or topography. Known information may include aerial photography, third party <br /> studies, and/or site visits. A Tier 1 Boundary determination is not a delineation. <br /> A Tier 2 Delineation is a delineation is conducted by a certified wetland delineator and verified <br /> by the Local Government Unit. Tier 2 delineation information shall be provided on a certified <br /> certificate of survey. <br /> b. Delineation required. The type of delineation shall be determined by the city administrator or <br /> their designee. <br /> Tier 1 Boundary determinations may be required for accessory structures, accessory buildings, <br /> and other projects primarily outside the wetland or wetland buffer area. <br /> Tier 2 Delineations shall be required for projects that include a new residential principal <br /> structure, a project that impacts the wetland, a subdivision, or a project that otherwise is <br /> regulated by the Waterbody Crossings and Structures Rule or Stormwater Management Rule of <br /> the Minnehaha Creek Watershed District, unless waived by the Watershed District. A Tier 2 <br /> Delineation may also be required for a project proposed at or within 5' of the buffer/setback line. <br /> A Tier 1 Boundary determination may be substituted for the Tier 2 delineation when the <br /> applicant can demonstrate the wetland boundary location to the satisfaction of the city and the <br /> watershed district, due to topography, distance of the project to the wetland, site specific <br /> features, and known information. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005; Ord.No. 196 3rd series, § 2, 5-22-2017) <br /> DIVISION 3. -BUFFER AREAS <br /> Sec. 78-1605. -Wetland buffer areas and setbacks. <br /> (a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer <br /> areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge <br /> of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that <br /> drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland <br /> environment while reducing the adverse impacts of human activities. <br /> (b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), <br /> which has rules and regulations for the establishment and maintenance of wetland buffers. In an <br /> effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment <br /> and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of <br /> MCWD buffer regulations is in conflict with city regulations, the Watershed District requirements shall <br /> apply. <br /> (c) Setbacks. Where the MCWD has established or requires a wetland buffer, the wetland buffer rules <br /> shall apply. <br /> i. Where the MCWD does not require a buffer, a 25 foot setback shall be required between the <br /> edge of all wetlands from any building (principal or accessory) or other structure, septic <br /> systems, or wells. The wetland edge shall be determined as required in section 78-1604 of this <br /> Code. <br /> ii. Setback revegetation. Areas within the required setback area subject to filling, grading or <br /> excavation as part of a construction project shall be revegetated immediately upon completion <br /> of such earthwork. <br /> (d) The City of Orono has established wetland protection strategies in the Orono Surface Water <br /> Management Plan (SWMP) (January 2011). The protection classification for each wetland will be <br /> found on the "Wetland Management Classification Map & List" which is hereby adopted by <br />