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MCWD Wetland Protection Rule
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960 Ferndale Road West - 02-117-23-44-0033 - New PID
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960 Ferndale Rd W - 02-117-23-44-0017 - Old PID
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MCWD Wetland Protection Rule
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Last modified
8/22/2023 4:11:23 PM
Creation date
9/8/2016 2:47:49 PM
Metadata
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Template:
x Address Old
House Number
960
Street Name
Ferndale
Street Type
Road
Street Direction
West
Address
960 Ferndale Rd W
Document Type
Misc
PIN
0211723440033
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(1)For every 5 percent decrease in average buffer slope from 20 percent,the Base Buffer <br /> Width may be reduced 2 feet. <br /> (2) For every grade of Hydrologic Soil Group above Type D for the predominant buffer <br /> soil condition,the Base Buffer Width may be reduced 2 feet. <br /> Reductions for beneficial slope or soil conditions shall not reduce the buffer width to less than the <br /> applicable Minimum Applied Buffer Width. <br /> (c) Buffer width may vary based on demonstrated site constraints,provided that a width of at <br /> least 50 percent of the Applied Buffer Width is maintained at all points,there is no reduction in <br /> total buffer area, and the buffer provides wetland and habitat protection at least equivalent to a <br /> buffer of uniform Applied Buffer Width. Buffer width averaging calculation will exclude any part <br /> of the buffer exceeding 200 percent of the Applied Buffer Width. The area of any path or trail <br /> allowed in the buffer will be added to the total area required by the Applied Buffer Width, except <br /> that construction of a trail or path of no more than 4 feet in width to provide riparian access <br /> through the buffer will not increase the required buffer area. <br /> (d)The Applied Buffer Width may be further reduced by the District upon a demonstration by the <br /> applicant that the proposed buffer conditions clearly provide function and value equal to or <br /> greater than would be provided by a buffer of the applicable Applied Buffer Width, but may not <br /> be reduced to less than 50 percent of the applicable Applied Buffer Width. <br /> (e)The Applied Buffer Width for Linear Reconstruction Projects shall be limited to the e�tent of <br /> available right-of-way. A buffer is not required for resurfacing of an existing road, sidewalk or <br /> trail that does not increase the area of impervious surface. <br /> (fl The Applied Buffer Width for New Principal Residential Structures shall be limited to 25 <br /> percent of the distance between the eXisting structure at the point that it is nearest to the wetland <br /> and the wetland, or 25 feet,whichever is greater, provided that such a buffer shall not exceed the <br /> Base Buffer Width, and the buffer shall not render a property unbuildable. <br /> 7. WETLAND BUFFER VEGETATION. <br /> (a) Buffer vegetation shall not be cultivated,cropped, pastured, mowed, fertilized, subject to the <br /> placement of mulch or yard waste, ar otherwise disturbed, except far periodic cutting or burning <br /> that promotes the health of the buffer,actions to address disease or invasive species, mowing for <br /> purposes of public safety,temporary disturbance for placement or repair of buried utilities, or <br /> other actions to maintain or improve buffer quality, each as approved by District staff or when <br /> implemented pursuant to a written maintenance plan approved by the District. Pesticides and <br /> herbicides may be used in accordance with Minnesota Department of Agriculture rules and <br /> guidelines. No new structure or hard surface shall be placed within a buffer,except as provided in <br /> paragraph 6(c). No fill, debris or other material shall be excavated from or placed within a buffer. <br /> (b) For public land, right-of-way or property held by a homeowner's association,the applicant <br /> may comply with paragraphs 5(d), requiring buffer monumentation, 7(a), vegetation <br /> management, and section 10, Wetland Buffer Monitoring, of this rule by demonstrating that the <br /> buffer will be maintained in accordance with a written maintenance agreement with the District <br /> meeting the buffer monumentation,vegetation management and wetland buffer monitoring <br /> requirements in this rule, listing required elements of paragraph 9(h),the Wetland Buffer <br /> 4 <br />
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