Re: MCWD wetland protection rule

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5. BUFFER. (a)Any activity for which a permit is required under this Wetland Protection Rule,the Stormwater Management Rule or the District Waterbody Crossings and Structures Rule,and New Principal Residential Structure construction that increases the imperviousness of the subject parcel must provide for buffer adjacent to each wetland and public waters wetland. To the extent the buffer requirement applies to a proposed New Principal Residential Structure, it will be applied in accordance with protections afforded a zoning nonconformity under state law so as not to unduly restrict the proposed action. Buffer must be provided on that part of the wetland edge that is downgradient from the activity or construction and azound each wetland that will be disturbed. (b)Buffer width will be determined in accordance with section 6,Buffer Width,of this rule. (c)Buffers shall be documented by declaration or other recordable instrument approved by the District and recorded in the office of the county recorder or registrar before activity under the MCWD permit commences. A buffer on public land or right-of-way may be documented in a written agreement executed with the District in place of a recorded instrument. The agreement shall state that if the land containing the buffer is conveyed,the public body shall require the buyer to comply with this subsection. (d)A permanent wetland buffer monument shall be installed at each lot line where it crosses a wetland buffer,and where needed to indicate the contour of the buffer,with a maximum spacing of 100 feet. Language shall indicate the purpose of the buffer,restrictions,and the name and phone number of the Minnehaha Creek Watershed District. On public land,or right-of-way,the monumentation requirement may be satisfied by the use of a marker flush to the ground or breakaway markers of durable material. At the request of the applicant,the District shall provide wetland buffer monuments at production cost. 6. BUFFER WIDTH. (a)The Base Buffer Width shall be determined by the management class of the wetland as evaluated by the District's Functional Assessment of Wetlands or by the current version of the Minnesota Routine Assessment Method(MnRAM). Stormwater sensitivity parameters must be analyzed and results included in the evaluation,unless all stormwater flow to wetlands is managed in compliance with the bounce, inundation and runout-elevation control criteria in subsection 8(b)of the District's Stormwater Management Rule. Minimum Applied Mana ement Class Base Buffer Width Buffer Width Mana e 3 20 feet 16 feet Mana e 2 30 feet 24 feet Mana e 1 40 feet 34 feet Preserve 75 feet 67 feet (b)The Applied Buffer Width,the actual width of wetland buffer(s)required for a permitted project,shall be the Base Buffer Width as reduced by beneficial slope or soil conditions pursuant to the following formulas: 3