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A Tier 1 Boundary determination is a review of known information to determine an <br /> understood boundarv,and may be used when the,�roposed project is located on a lot where a wetland <br /> is believed to exist,but the project is not likelv to impact the wetland due to project scope,distance, <br /> and/ or topo�raphv. Known information may include aerial photographv, third party studies, and/ <br /> or site visits. A Tier 1 Boundarv determination is not a delineation. <br /> A Tier 2 Delineation is a delineation is conducted bv a certified wetland delineator and <br /> verified bv the Local Government Unit. Tier 2 delineation information shall be provided on a <br /> certified certificate of survev. <br /> b. Delineation reauired. The type of delineation shall be determined bv the Citv_ <br /> Administrator or their designee. <br /> Tier 1 Boundarv determinations mav be required for accessorv structures, accessorv buildin�s <br /> and other projects primarilv 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 regulated <br /> by the Waterbodv Crossings and Structures Rule or Stormwater Management Rule of the Minnehaha <br /> Creek Watershed District,unless waived bv the Watershed District. A Tier 2 Delineation mav also <br /> be re uired for a ro'ect ro osed at or within 5' of the buffer/setback line. <br /> A Tier 1 Boundarv�e�determination mav be substituted for the Tier 2 delineation when <br /> the applicant can demonstrate the wetland boundary location to the satisfaction of the citv and the <br /> watershed district, due to topog_raphv, distance of the project to the wetland, site specific features <br /> and known information. <br /> SECTION 3. Section 78-1605 shall be amended by adding and deleting text to read as <br /> follows: <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 <br /> edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from <br /> runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of <br /> a wetland 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 <br /> (MCWD), which has rules and regulations for the establishment and maintenance of wetland <br /> buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction <br /> for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed <br /> District. If application of MCWD buffer regulations is in conflict with city regulations,the�e <br /> ����ti Watershed District requirements shall apply. <br /> (c) In order to provide for a minimum level of wetland protection where Minnehaha Creek <br /> Watershed District buffer rules do not provide for adequate separation between wetlands and <br /> buildings or other structures or surfaces,the city shall require setbacks from the delineated edge <br /> of a protected wetland as follows: <br /> , -_____ ___.____ ______ ___.__ ___--i-__-----------��_ ._------.____ _---___----- -----__.—_-- <br /> j Mimmum distance setback from delineated edge of wetland to <br /> iany building(principal or accessory) or other structure, <br /> 2 <br />