Re: MCWD wetland protection rule

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(1)For every 5 percent decrease in average buffer slope from 20 percent,the Base Buffer Width may be reduced 2 feet. (2)For every grade of Hydrologic Soil Group above Type D for the predominant buffer soil condition,the Base Buffer Width may be reduced 2 feet. Reductions for beneficial slope or soil conditions shall not reduce the buffer width to less than the applicable Minimum Applied Buffer Width. (c) Buffer width may vary based on demonstrated site constraints, provided that a width of at least 50 percent of the Applied Baffer Width is maintained at all points;there is no reduct�on in total buffer area, and the buffer provides wetland and habitat protection at least equivalent to a buffer of uniform Applied Buffer Width. Buffer width averaging calculation will exclude any part of the buffer exceeding 200 percent of the Applied Buffer Width. The area of any path or trail allowed in the buffer will be added to the total area required by the Applied Buffer Width, except that construction of a trail or path of no more than 4 feet in width to provide riparian access through the buffer will not increase the required buffer area. (d)7'he Applied Butfier Width may be further reduced by the Uistrict upon a demonstration by the applicant that the proposed buffer conditions clearly provide function and value equal to or greater than would be provided by a buffer ofthe applicable Applied Buffer Width, but may not be reduced to less than 50 percent of the applicable Applied Buffer Width. (e)The Applied Buffer Width for I,inear Reconstruction Projects shall be limited to the extent of available right-of-way. A buffer is not required for resurfacing of an existing road, sidewalk or trail that does not increase the area of impervious surface. (�The Applied Buffer Width for New Principal Residential Structures sha(1 be limited to 25 percent of the distance between the existing structure aC the point that it is nearest to the wetland and the wetland, or 25 feet,whichever is greater, provided that such a buffer shall not exceed the Base Buffer Width,and the buffer shall not render a property unbuildable. 7. WETLAND BUFFER VEGETATION. (a) Buffer vegetation shall not be cultivated,cropped,pastured, mowed,fertilized, subject to the placement of mulch or yard waste,or otherwise disturbed, eYcept for periodic cutting or burning that promotes the health of the buffer,actions to address disease or invasive species,mowing for purposes of public safety,temporary disturbance for placement or repair of buried utilities, ar other actions to maintain or improve buffer quality,each as approved by District staff or when implemented pursuant to a written maintenance plan approved by the District. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface shall be placed within a buffer,except as provided in paragraph 6(c). No fill,debris or other material shall be excavated from or placed within a buffer. (b) For public land,right-of-way or property held by a homeowner's association,the applicant may comply with paragraphs 5(d),requiring buffer monumentation, 7(a),vegetation management,and section 10,Wetland Buffer Monitoring, of this rule by demonstrating that the buffer will be maintained in accordance with a written maintenance agreement with the District meeting the buffer monumentation,vegetation management and wetland buffer monitoring requirements in this rule,listing required elements of paragraph 9(h),the Wetland Buffer 4