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ZONING REGULATIONS §78-1602 section adopts the regulations and standards of b. The amount of grading exceeds 50 the Wetland Conservation Act of 1991. (WCA), cubic yards or the construction activ- Laws of Minnesota 1991,chapter 354,as amended, ity involves the disturbance of more and the rules adopted pursuant to the WCA. It than 5,000 square feet of area; and also establishes a wetland overlay district. This c. The redevelopment activity results overlay district further regulates the underlying in a net increase in the square foot- land use as allowed by other districts or the WCA. age of impervious surfaces that drain (c) This article applies to, and wetland buffer to the wetland, or results in the areas must be created or existing buffer areas relocation of impervious surfaces must be maintained around, a protected wetland closer to the wetland, or results in located partially within,wholly within,or directly changes to drainage patterns(slopes, adjacent to the property in the following situa- meander patterns, etc)that the city tions: engineer determines will increase the (1) When the wetland is required to be re- velocity or rate of runoff to the placed or restored,or when the wetland is wetland. being altered; For new development,all wetlands on the (2) When new development occurs. For pur- property shall be subject to the buffer poses of this subsection,new development requirements.For redevelopment or other means: grading or construction situations that a. Any subdivision that creates a new are not new development,only the wetland lot that has no principal structure on that is potentially adversely impacted shall it; be subject to the buffer requirement. In the event that the wetland is on an adja- b. Construction of a principal structure cent property but near enough to the on an existing vacant parcel of land; subject property so that buffers to said (3) When redevelopment occurs that has the wetland would extend into the subject potential to adversely impact a wetland. property, the buffer requirements apply. For purposes of this subsection redevelop- (Ord. No. 28 3rd series, § 1, 8-22-2005) ment means the removal of the principal structure to the extent of more than 50 DIVISION 2. DESIGNATION OF PROTECTED percent of its market value and volume WETLANDS and reconstruction on the same property This requirement does not apply if con- struction is the result of less than 75 Sec. 78-1602. Wetland types. percent of the building being damaged by The wetlands protected and regulated by this an involuntary force,such as fire,wind,or section are types 1,2,3,4,5,6, 7,and 8 wetlands, vandalism; as defined in circular 39, 'Wetlands of the United (4) When any construction or land alteration States", 1971 edition, United States Department activity that does not fall within the mean- of the Interior, unless the wetland is within a ing of'redevelopment'has the potential to shoreland district in which case the more restric- adversely impact a wetland. tive rules regarding setbacks would apply. Pro- For purposes of this section, "the poten- tatted wetlands are further defined as follows: tial to adversely impact a wetland" exists (1) Type 1—Seasonally flooded basins or when all of the following three conditions floodplain: Type 1 wetlands are season- exist: ally flooded basins or flats in which soil is a. The portion of the property dis- covered with water or is waterlogged dur- turbed by construction or land alter- ing variable seasonal periods but usually ation activity drains to the wetland; is well-drained during much of the grow- and ing season.Type 1 wetlands are located in Supp.No.3 CD78:233