04-15-2013 Planning Commission Packet

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MEMORANDUM for Joint PC/Council Work Session Apri13, 2013 To: City Council Planning Commission Jessica Loftus, City Administrator From: Mike Gaffron, Asst. City Administrator`�' �� � Date: March 26, 2013 Subject: Wetland Ordinance Review --------------------------------------------------------------------------------------------------------------------- Attachments: A - History of Wetlands Management in Orono B - Current City of Orono Wetlands Regulations, Sec. 78-1601 thru 78-1614 C - MCWD: 1-Wetlands Rules / 2-Definitions/ 3-2010 SONAR D - Bolton & Menk Code Review 2/26/13 E - 1/31/94 Letter Designating MCWD as LGU for WCA F - Orono Wetlands Map The City of Orono has been in the regulatory business of protecting wetlands for more than four decades, with a goal of preserving and enhancing our natural wetlands and the many values they provide. These values include acting as part of the natural surface water drainage system; maintaining surface water quality in our lakes and streams; flood attenuation; aquifer recharge; providing wildlife habitat; and providing open spaces and natural landscapes that contribute to an enhanced quality of life. Orono's nearly 1600 acres of marshland and wetlands (plus another 1100 wetland acres at or below the OHWL of our lake basins) cover 1/6 of the City's land area, comprised of some 578 individual basins ranging in size from a fraction of an acre to more than 100 acres. A historical timeline of the various wetland management actions and activities the City has engaged in since the original wetland ordinance was adopted in 1964, is included with this memo as Attachment A. As national and regional wetland regulations have evolved, Orono's codes have changed with them. The most recent revisions to Orono's wetland ordinances took place in 2005, and those revisions included protection elements that have added a significant level of complexity to the regulatory mix. Within the past year questions have arisen with regard to certain aspects of Orono's wetland ordinances and their impacts on individual homeowners. This memo is intended to identify and address the code provisions that are causing concern, and suggest possible measures to eliminate those concerns while maintaining an acceptable level of wetland protection. Brief Summary of Existing Code Provisions The existing Orono wetland ordinance contains the following elements: l. Statement of Intent - to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. 2. Adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, Chapter 354, as amended, and the rules adopted pursuant to the WCA.