Ord #205 - 3rd Ser/Amending Wetland Regulations

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ORDINANCE NO.205, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO WETLAND REGULATIONS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1605 shall be amended by adding and deleting text to read as follows: Wetland buffer areas and setbacks. (a)This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b)All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD buffer regulations is in conflict with city regulations, the Watershed District requirements shall apply. (c) Setbacks. Where the MCWD has established or requires a wetland buffer, the wetland buffer rules shall apply. i. Where the MCWD does not require a buffer, a twenty-five foot setback shall be required between the edge of all wetlands from any building (principal or accessory) or other structure, septic systems, or wells. The wetland edge shall be determined as required in Section 78-1604 of this Code. ii. Setback revegetation. Areas within the required setback area subject to filling, grading or excavation as part of a construction project shall be revegetated immediately upon completion of such earthwork. (d) The City of Orono has established wetland protection strategies in the Orono Surface Water Management Plan (SWMP) (January 2011). The protection classification for each wetland will be found on the "Wetland Management Classification Map & List"which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four protection classifications. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. 1