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»ARTICLE XI. -WETLANDS PROTECTION » DIVISION 3. BUFFER AREAS »
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DIVISION 3. BUFFER AREAS
Sec. 78-1605.Wetland buffer areas and setbacks.
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.
(�) In order to provide for a minimum level of wetland protection where Minnehaha Creek
Watershed District buffer rules do not provide for adequate separation between 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, se tic s stems or wells:
here no formal buffer exists and where MCWD does 35 feet
not re uire a buffer
here a formal buffer exists or where MCWD buffer is 35 feet or established buffer width plus 10 feet,
re uired whichever is reater
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
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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:
Protection usceptibility Description dditional Protection Requirements
Ctassification Rating (B = Bounce = Change in water tevet
due to runoff event)
(P = Phos horus
"Preserve" Highly Susceptible Highly susceptible to both quantity B: Maintain bounce at or below
nd quality impacts from runoff; existing conditions
ave the highest degree of P: Limit loadings to predevelopment
rotection loadin 0.14 Lbs/Ac/Yr
'Manage 1" oderately oderately susceptible to quantity B: Maintain bounce at or below
usceptible nd quality impacts; protection is existing conditions plus 0.5 foot
less stringent than Preserve, P: Limit loadings to predevelopment
rovides protection to maintain thei loadings times 2 (0.28 Lbs/Ac/Yr)
haracteristics
"Manage 2" lightly Less stringent protection than B: Maintain bounce at or below
usceptible anage 1 wetlands; maintenance of existing conditions plus 1.0 foot
haracteristics is desirable P: Limit concentration to
predevelopment concentrations (200
b)
"Manage 3" Least Susceptible etlands are significantly degraded B: No quantity requirement
(e.g., cultivated or canary grass P: Limit concentration to 225 ppb
onotype) or lack of wetland
haracteristics; not typically
'mpacted by runoff; no quantity and
nly limited quality treatment of
unoff is re uired
The protection classification for each wetland will be found on the "Wetland Management
Classification Map & List" which is hereby adopted by reference, a copy of which shail be kept on
file in the office of the city clerk and shall be available for public review during all normal office
hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four
protection classifications.
(Ord. No. 28 3rd senes, § 1, 8-22-2005; Ord. No. 103 3rd senes, §2, 5-28-2013)
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