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04-15-2013 Planning Commission Packet
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04-15-2013 Planning Commission Packet
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1991 Minnesota's Wetland Conservation Act (WCA) was enacted. In the ensuing years <br /> statewide rules and regulations were adopted that generally prohibited the draining or <br /> filling of wetlands unless an equivalent area of new wetland is created. The goal is no net <br /> loss of wetlands. Orono's ordinances prohibiting wetland alterations remained in effect. <br /> 1992 Ordinance No. 101, 2nd Series, "Shoreland Management", added language establishing <br /> criteria for reviewing wetland alterations in shoreland areas: <br /> "Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to <br /> determine how extensively the proposed activity would affect the following functional <br /> qualities of the wetland: <br /> (1) Sediment and pollutant trapping and retention; <br /> (2) Storage of surface run-off to prevent or reduce flood damage; <br /> (3) Fish and wildlife habitat; <br /> (4) Recreational use; <br /> (5) Shoreline or bank stabilization; <br /> (6)Noteworthiness, including special qualities such as historic significance, <br /> critical habitat for endangered plants and animals, or others. <br /> This evaluation must also include a determination of whether the wetland alteration being <br /> proposed requires permits, reviews, or approvals by other local State or Federal agencies <br /> including but not limited to watershed districts, Minnesota Department of Natural <br /> Resources, or the United States Army Corps of Engineers." <br /> 1994 Administration of the WCA Rules was delegated to the MCWD by the City Council on a <br /> vote of 3-1 (January 24, 1994). Persons wishing to alter a wetland in Orono have to <br /> obtain separate permit approvals from both the City and the MCWD. <br /> 1998 The Flood Plain and Wetlands Management Ordinance of 1978 remained substantially <br /> unchanged until 1998, when the Council adopted Ordinance Na 176, Second Series, <br /> eliminating the allowance of density credit for wetlands on sewered properties. <br /> 2003 In January 2003 the Council formally adopted the Surface Water Management Plan <br /> (SWMP) which provides a comprehensive updated framework for management of both <br /> wetlands and flood plains. In order to implement the SWMP, zoning code sections <br /> pertaining to wetlands in particular must be revised to incorporate the revised standards <br /> relying on assessment of wetland functional values in determining whether wetland <br /> revisions are appropriate. Ordinance changes to establish new buffers and setback <br /> requirements must be adopted, and new standards must be put in place consistent with the <br /> Wetland Conservation Act (WCA) rules. Ordinances implementing the SWMP when <br /> coupled with WCA rules will at long last provide Orono with a consistent set of standards <br /> for determining when, and under what conditions, wetland alterations are appropriate for <br /> a given wetland. <br /> 2003 In April the MCWD delivered to Orono its study completed by Barr Engineering entitled <br /> Functional Assessment of Wetlands for the Ciry of Orono which documents inventory <br /> and function &value assessment of each of Orono's wetlands over 1/4 acre in size. <br /> Page 3 <br />
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