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ZONING REGULATIONS §78-1605 format in Hennepin County coordinates.The plan- or vegetation removal within a buffer area is not ning director will have the approved WCA wetland allowed unless the city has issued a permit for delineations shown on the official city wetland such activity in conjunction with an approved map. Public waters are not included in the over- buffer management plan. lay district, unless a wetland is part of a public (1) Acceptable buffer areas shall have the water. following qualities: (Ord. No. 28 3rd series, § 1, 8-22-2005) a. A continuous dense layer of peren- Sec. 78-1604. Interpretation of wetlands nial grasses that have been unculti- boundaries. vated or unbroken for at least ten Whenever a wetland boundary is disputed or consecutive years, or uncertain, the planning director may require the b. An over story of trees and/or shrubs submission of a registered survey of the property with at least 80 percent canopy do- and field staking showing the city-designated sure that have been uncultivated or wetland contour or a delineation of the wetland, unbroken for at least ten consecutive and such other information as the director may years, or require in order to resolve the dispute or uncer- c. A mixture of the plant communities tainty. The planning director may require review described in a. and b. above, which by city consultants or a technical evaluation panel have been uncultivated or unbroken if necessary. No boundary change may be autho- for at least ten consecutive years. rized on the basis of fill that was placed on the site after the city designated the area as part of the (2) Unacceptable buffer areas have the fol- wetland overlay district. Persons aggrieved by a lowing qualities,including but not limited decision of the planning director may appeal such to: decision in accordance with the provisions of a. Undesirable plant species(including section 78-99 of this chapter and the WCA rules. but not limited to reed canary grass, (Ord. No. 28 3rd series, § 1, 8-22-2005) common buckthorn,purple loosestrife, leafy spurge and noxious weeds), or DIVISION 3. BUFFER AREAS b. Lacking a layer of organic thatch or duff, or Sec. 78-1605. Wetland buffer areas. c. Topography which tends to channel- (a) This subsection establishes requirements ize the flow of surface runoff, or for wetland buffer areas around protected wetlands. d. Is characteristically unlikely to re- Buffer areas are necessary and beneficial to main- tain nutrients and sediment. tain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering (3) Buffer areas which have been broken or sediment, chemicals and other nutrients from cultivated within the past ten consecutive runoff that drains into wetlands.Buffer areas can years must be restored to a condition improve the biological diversity and health of a consistent with an acceptable buffer area wetland environment while reducing the adverse defined in section 78-1605(b)(1), a resto- impacts of human activities. ration or landscape plan must be submit- (b) Buffer areas regulated by this section are ted to the planning director, which resto- areas of vegetative cover that are upland of the ration shall include, replanting and wetland edge, and that occur in a natural condi- maintaining according to each of the fol- tion or through restoration. Buffer areas consist lowing guidelines: of shrubbery and trees, native grasses and/or a. Buffer areas shall be planted with a forbs that are not mowed,fertilized or manicured seed mix containing 100 percent pe- in any manner. Mowing, fertilizing, manicuring, rennial native plant species, except Supp.No.3 CD78:235