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Sec.78-1605.-Wetland buffer areas and setbacks. (a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD buffer regulations is in conflict with city regulations, the more restrictive requirements shall apply. (c) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed District buffer rules do not provide for adequate separation befinreen wetlands and buildings or other structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland as follows: Minimum distance setback from delineated edge of wetland to any building (principal or accessory)or other structure, hardcover, septic systems or wells: Where no formal buffer exists and where MCWD does not require a 35 feet buffer Where a formal buffer exists or 35 feet or established buffer width plus 10 feet,whichever is where MCWD buffer is required greater I Areas within the required setback area subject to filling, grading or excavation as part of a construction project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified with wetland delineation information. The determination of whether a Level 1 delineation or Level 2 delineation is required shall be at the discretion of the planning director. Level 2 delineation information shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in cases where the wetland exists within 150 feet of the proposed project. (d) The City of Orono has established wetland protection strategies in the Orono Surface Water Management Plan (SWMP) (January 2011). A protection classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The city has also established additional protection requirements for each classification. The four protection classifications are described as follows: Additional Protection Protection Susceptibility Description Requirements Classification Rating (B= Bounce-Change in water level due to runoff Page 1