06-10-2019 Council Packet - Laserfiche WebLink

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MEMORANDUM of UNDERSTANDING Between the Minnehaha Creek Watershed District and the City of Orono for Local Water Planning and Regulation This Memorandum of Understanding (MOU) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D ("MCWD"), and the City of Orono, a body corporate and politic and a statutory city in the State of Minnesota ("City"). Recitals and Statement of Purpose WHEREAS in 2007, the MCWD revised its comprehensive watershed management plan under Minnesota Statutes § 103B.231, which details the existing physical environment, land use and development in the watershed and establishes a plan to regulate water resource use and management to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; WHEREAS the MCWD's comprehensive watershed management plan incorporates the Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; WHEREAS the City has developed a local water management plan under Minnesota Statutes § 103B.235 that describes the existing and proposed physical environment and land use within the City and sets forth an implementation plan for bringing local water management into conformance with the MCWD's comprehensive watershed management plan; WHEREAS on October 14, 2010, the MCWD Board of Managers conditionally approved the City's local water management plan by adoption of Resolution 10-092, which resolution is attached and incorporated herein; WHEREAS the City wishes to continue to authorize MCWD permitting authority with respect to all areas regulated by the MCWD including the Minnesota Wetland Conservation Act at the present time, but intends to consider assumption of sole regulatory authority for Erosion Control, Floodplain Alteration, Wetland Protection including WCA responsibilities, and Stonnwater Management, within the next 12 months. This MOU will be amended to reflect the City's determination to exercise sole regulatory authority after the District makes the necessary findings; WHEREAS MCWD approval of a local plan requires a finding that the official controls of the local government are at least as protective of water resources as the MCWD Rules; WHEREAS the finding by the MCWD Board of Managers in this regard rests on the City's authorization of the MCWD's continued exercise of regulatory authority within the City in accordance with Minnesota Statutes §103B.211, subdivision 1(a)(3); WHEREAS the MCWD and City desire to memorialize their respective roles in implementing water resource protection and management within the City; Page 1 of 3