CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-3000
WETLAND MANAGEMENT REGULATIONS

11-3001 Purpose. The purpose of these regulations is to achieve the policies described in the City’s Wetland Management Plan relating to the protection and management of wetlands.

11-3002 Administration. The City Council hereby designates the Director of Public Works as the Administrator of these regulations. The City of Coon Rapids is the Local Government Unit (LGU) for the Wetland Conservation Act (WCA).

11-3003 Definitions. For the purpose of this Title the following definitions apply:

(1) Buffer. An upland area covered with natural vegetation (preferably native vegetation) that experienced little to no human impact such as mowing or fertilizer application.
(2) Best Management Practices (BMPs). Guidance and design criteria for storm water management facilities contained within the Minnesota Pollution Control Agency’s publication entitled, “Protecting Water Quality in Urban Areas”, dated March 2000 and as amended.
(3) City Wetland Management Plan Map. This map was developed as part of the Wetland Management Plan and shows the general locations of wetlands within the City. While an attempt was made to locate all wetlands within the City, omission of a wetland from this map does not exclude that wetland from this regulation.
(4) Minnesota Department of Natural Resources (“DNR”) Protected Waters/Wetlands. Those water bodies that the Minnesota Department of Natural Resources has jurisdiction over up to the Ordinary High Water Level as noted on the DNR Protected Water and Wetland Inventory Map.
(5) Growing Season. The portion of the year when soil temperatures are above biologic zero in the upper part. In the Metro Area, the growing season is generally between April 21 – October 15.
(6) High Water Level (HWL). The 100-year water elevation of a water body determined by a hydrologic/hydraulic model.
(7) New Wetland Credit (NWC). Wetland replacement credit that can be used for any portion of wetland replacement as specified in the Wetland Conservation Act, as amended.
(8) Normal Water Level (NWL). The water elevation of the water body at the lowest controlling elevation as determined by an outlet structure, pump, etc. The Normal Water Level does not reflect the lowest elevation that may be attained naturally by infiltration, evaporation, or transpiration.
(9) Public Value Credit (PVC). The wetland replacement credit that can only be used for the portion of wetland replacement required above a 1:1 ratio.
(10) Sequencing. A five-step process outlined in the Wetland Conservation Act that evaluates the necessity of a project’s impact on a wetland.
(11) Technical Evaluation Panel (TEP). A panel consisting of the Local Government Unit, the local Board of Water and Soil Resources board conservationist, a member of the Soil and Water Conservation District. This panel provides technical wetland support to the Local Government Unit. (12) Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface of the land is covered by shallow water. See also Minnesota Rules 8420.0110, Subp. 52.

11-3004 Wetland Management.

(1) Boundaries. This regulation shall apply to those areas which are defined as jurisdictional wetland as per the 1987 Manual for Delineating and Identifying Jurisdictional Wetlands. These areas are shown in general on the City’s Wetland Management Plan map. This map also shows the management classifications for each wetland that pertain to this regulation. These areas shall be field identified by the applicant’s trained wetland professional and reviewed for accuracy by the Administrator if work is proposed within or adjacent to the wetland. The presence or absence of a wetland on the City’s Wetland Management Plan map does not represent a definitive determination as to whether a wetland covered by this regulation is present or not. It is the responsibility of the applicant to determine whether a wetland exists on a subject property.
(2) Application. The applicant shall submit the Minnesota Local/State/Federal Application Forms for Water/Wetland Projects to the Administrator for approval prior to any work that will impact wetlands. The Administrator shall follow the review timelines and notice requirements as outlined in the Wetland Conservation Act as set forth in Minnesota Rules Chapter 8420, as amended. (3) Wetland Regulations. The Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules Chapter 8420, as amended, are incorporated as part of these regulations and shall govern draining, filling, and dredging in wetlands. Where the City’s Wetland Management Plan deviates from the Wetland Conservation Act, the Wetland Management Plan shall apply.
(4) Wetland Management. Wetlands within the City shall be managed as outlined below:

(a) Wetland Buffers. Average buffer zones with a minimum buffer width of 15 feet around existing wetlands will be required for all new or redevelopment as follows:

These buffer zones will be platted as easements and marked with monumentation. Public trails or sidewalks that are a maximum of 10 feet in width can be included within the buffer provided the designated buffer width is maintained. Private access to a water body will be allowed provided that the dock or access is no more than 30 feet wide along the shoreline or one-half the width of the lot, whichever is less. Public water body access is not regulated by this ordinance. Storm water ponds are allowed within the buffer. A buffer commensurate with the width required for the wetland impacted is also required around newly created wetland mitigation sites.

If the applicant believes that implementation of the buffer is a hardship, the applicant may apply for a variance in accordance with Section 11-329 et.seq.

(b) Storm Water Management. Storm water runoff directed to the wetlands will be required to be managed as follows and as outlined in the Comprehensive Storm Water Management Plan:

If the applicant believes that implementation of the buffer is a hardship, the applicant may apply for a variance in accordance with Section 11-329 et.seq

(c) Wetland Sequencing. Sequencing for the different management classifications will be as follows:

(d) Wetland Mitigation Requirements. Wetland mitigation for unavoidable impacts is required as described below. Actions eligible for wetland mitigation credit are outlined within the Wetland Conservation Act.

Mitigation for passive recreation projects such as trails, scenic overlooks, and benches will be at a 1:1 ratio with 0.5 acres of NWC minimum and 0.5 acres of PVC maximum for every acre of impacted wetland. The City will maintain an overall 2:1 ratio of mitigation in the City as outlined in the Wetland Management Plan.

11-3005 Exemptions. Those exemptions outlined in the Wetland Conservation Act as set forth in Minnesota Rules Chapter 8420.0122 are exempt from this Section.

11-3006 Performance Bond Required. If an Application includes wetland or buffer strip alteration, the Applicant must file with the Administrator prior to release of the final plat, or if there is no plat involved, prior to the first building permit for the subject property, a performance bond, cash escrow, or letter of credit, surety, or other guarantee acceptable to the Administrator and in an amount determined by the Administrator.

11-3007 Appeals and Enforcement.

(1) Enforcement. Enforcement of the Wetland Conservation Act shall be in accordance with Minnesota Rules 8420.1070.

(2) Appeals. The management classification of a wetland can be appealed by the landowner, project proposer, or other interested party. This appeal must be submitted to the Administrator in writing and include documentation supporting the reasons for placing a wetland into a different management category. This written appeal must be submitted to the Administrator prior to or along with the wetland impact permit application. A fee will be required for each wetland being appealed. The appeal will be reviewed by City Staff and the Technical Evaluation Panel. A decision will be made regarding the appeal within 60 days of receipt of the appropriate documentation. If the appeal is submitting outside of the growing season, the decision will be made 60 days after the start of the growing season. [Adopted 12/21/04, Ordinance 1858]