09-06-2013 - re: wetland delineation code interpretation

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Timothy and Amy Hubbard 9-6-13 Page 2 Also, for all permits with MCWD, MCWD staff visit the site to make a determination if the project is going to affect a wetland. If it appears the proposed project will not affect the wetland based on their visual inspection,then they do not require a wetland delineation. MCWD does not have a setback requirement associated with their wetland regulations;they merely have a buffer requirement. In the case of Willow View, since there was an established buffer associated with the development and because the proposed projects(Kanive and Hubbard)didn't appear to directly impact wetlands, MCWD did not require a wetland delineation. The 2013 revisions to Orono City Code Chapter 78—Wetland Protection (see attached)require a 35' setback from the delineated edge of wetland to any building, structure,hardcover, septic system, or well. A Level 1 or Level 2 delineation shall be required in cases where the wetland exists within 150' of the proposed project. The 945 Willow View Drive survey provided by you references the 1999 delineation. This 1999 delineation is no longer valid, and there is potential the wetlands may have changed over the last 14 years. Therefore, a new wetland delineation is required to establish the wetland boundary in order to measure the required 35' setback from the wetland in accordance with City Code. The intent of the code revision was to fully transfer the authority of wetland buffers to MCWD and to eliminate the need for applicants to obtain wetland delineations for projects located far away from a wetland. The previous rules would have required you to establish a new 16.5' buffer area surrounding the new wetland boundary. It is important to note that from 1975 until adoption of new wetland regulations in 2005,the City of Orono had in place a 26' wetland setback requirement for structures and hardcover. This was revised in 2005 to establish buffer requirements ranging from 16.5 feet to 50 feet,plus a 20' structural setback from the edge of buffer to allow for maintainable yard areas. In 2013 the City chose to relinquish its authority on buffers to the MCWD,but with full knowledge that MCWD will not apply buffer requirements to existing single-family residential properties, and that MCWD does not have a wetland setback requirement. The result would be that, unless the City re-established a wetland setback requirement, in cases where no buffer exists or is required by MCWD,nothing would stop property owners from building right up to the edge of a wetland. That made it incumbent on the City to re-establish a setback requirement to protect the wetlands as the City has done for decades. It is impossible to administer a wetland setback ordinance without accurate and current wetland boundary information. Please contact Melanie Curtis at 952-249-4627 with any questions you may have regarding your pool permit application. Sincerely, Ci f Orono Michael P. Gaffron Asst. City Administrator encl. cc: Mayor and City Council Jay Kanive