ORD 94-06CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
APPROVED SM94ARY OF ORDINANCE NO. 94-6 PERTAINING TO WETLAND
ACTIVITIES, REPEALING SECTION 20-72 OF THE OTSEGO CITY ZONING
ORDINANCE AND AMENDING SECTION 20-2-2,pW OF THE OTSEGO CITY ZONING
ORDINANCE
The following is an approved summary of Ordinance 94-6, pursuant to
Minn. Stat. 412.191, Subd. 4. The entire ordinance is so lengthy
as to prohibit full publication. A printed copy of the ordinance
is on file at the Otsego City Hall and is available for public
inspection. The following summary clearly informs the public of
the intent and effect of the ordinance.
Ordinance 94-6 amends Section 20-2-2 of the City Zoning Ordinance
changing those definitions which are Wetland Related.
Ordinance 94-6 also adopts the provisions of the Wetland
Conservation Act of 1991, Laws 1991, Chapter 354, as amended by
Laws 1993, Chapter 175, as well as Minnesota Rules, Parts 8420-
.0700 - 8420.0760.
The ordinance has been established for the purpose of avoiding
unneeded impact on wetlands and assuring that where there is impact
of on wetlands it is mitigated so as to achieve an overall no net loss
in the quantity, quality, and biological diversity of existing
wetlands. Any wetlands which are drained or filled must be
replaced by restoring or creating wetland areas of at least equal
public value.
The ordinance establishes an overlay district including all
wetlands within the City of Otsego and lists permitted and
conditional uses within the overlay areas and lists exemptions to
the requirements of the ordinance, as well as procedures for
requesting exemptions from the City of Otsego which is designated
as the responsible unit of government for local wetland activities.
The ordinance requires that landowners unsure if work will affect
a wetland apply for no -loss determination from the City. If that
property owner does not qualify for exemption or determination of
no loss, they are required to submit to the City a replacement plan
for the affected wetlands. The ordinance lists procedures for
submittal of the plan and the time frames in which the City can
approve, modify, or reject the proposed plan and procedures for
appeal of such a decision. The ordinance also establishes a'
technical evaluation panel to assist the City in enforcing the
ordinance.
The ordinance lists enforcement procedures available to the
enforcing authorities including cease and desist orders, and
restoration and replacement orders and makes violations of such
orders a misdemeanor.
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The ordinance goes on to detail standards and procedures for the
evaluation of wetland replacement plans including criteria for
evaluating impact avoidance, impact minimization, impact rectifi-
cation and reduction or elimination of wetland impacts over time.
Necessary replacement plan components are listed in great detail as
are replacement plan evaluation criteria and standards for wetland
replacement as well as wetland value replacement monitoring.
Finally, the ordinance incorporates by reference Minnesota Rules,
Parts 8420.0700 - 8420.0760 regarding standards and criteria for
state wetland banking.
This Ordinance Summary approved this 23RD day of May, 1994.
Motion for approval of the summary was made by Councilperson
Ron Black and seconded by Councilperson Floyd Roden
IN FAVOR: NORMAN F FRESKE, DOUG LINDENFELSER, FLOYD RODEN,
LARRY FOURNIER, AND RON BLACK
OPPOSED: 9
Norman F. Freske, Mayor
erome Per ult, City Clerk
�r�P nerOs
Pas$e.-*t &/&/9yv
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 94-6
AN ORDINANCE REPEALING SECTION 20-72 OF THE CITY CODE PERTAINING TO
WETLAND ACTIVITIES AND AMENDING ORDINANCE NO. 9, THE CITY CODE, TO
ESTABLISH UPDATED REGULATIONS FOR WETLAND ACTIVITIES.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS:
Section 1. - Section 20-2-2.W of the City Code is hereby amended to
Warehousing: The storage of materials or equipment within an enclosed building.
Water Body: Means a body of water (lake, pond) or a depression of land or expanded
part of a river, or an enclosed basis that holds water and is surrounded by land.
Watershed: The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage areas.
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Wetlands Related:
1,
Wetland Act. When not used in reference to a specific state or.federal
act, means the Wetland Conservation Act of 1991, Laws 1991, chapter
354, as amended by Laws 1993, chapter 175.
2.
Wetland Activity. Draining or filling a wetland wholly or partially.
3.
Agricultural land. For use in reference to exemptions, means land
of horticultural, row, close grown, introduced
devoted to the production
pasture, introduced hayland crops, -and growing nursery stock. For use
in all other places in this chapter, agricultural land means land devoted
to the production of horticultural, row, close grown, introduced pasture,
and introduced hayland crops, and to the pasturing of livestock and dairy
animals, growing nursery stock, and animal feedlots, and shall include
contiguous land and buildings under the same ownership associated with
the production of the above, for example, farmyards.
4.
Agricultural Stabilization and Conservation Service or ASCS. An agency
of the United States Department of Agriculture.
5.
Aquaculture. To cultivate plants and animals in water for harvest,
including hydroponics and raising fish in fish farms.
g.
Best management practices. State -approved and published practices
filling, replacing wetlands that are capable
associated with draining, or
of preventing and minimizing degradation of surface water and
groundwater.
7,
Board. The board of water and soil resources under Minnesota Statutes,
section 1038.101.
g, City. The City of Otsego.
9. Commissioner. The commissioner of the Department of Natural
Resources.
10. Creation. Construction of wetlands in an area that was not wetlands in
the past.
11. Day. Working days when used in a time period of 15 days or less and
calendar days when used in a time period greater than 15 days. The day
of the event shall not be used in counting any period of time.
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12. Department. The Department of Natural Resources.
13. Ditch. An open channel to conduct the flow of water, as defined in
Minnesota Statutes, section 103E.005, subdivision 8.
14. Wetland drain or wetland drainage. Any method for removing or
diverting waters from wetlands. The methods shall include, but are not
limited to, excavation of an open ditch, installation of subsurface
drainage tile, filling, diking, or pumping.
15. Drainage system. A system of ditch or tile, or both, to drain property,
including laterals, improvements, and improvements of outlets.
16. Excavation. The displacement or removal of the sediment or other
materials by any method.
17. Wetland fill. Any solid material added to or redeposited in a wetland that
would alter its cross-section or hydrological characteristics, obstruct flow
patterns, change the wetland boundary, or convert the wetland to a
nonwetland. It does not include posts and pilings for linear projects such
as bridges, elevated walkways, or powerline structures, or structures
traditionally built on pilings such as docks and boathouses. It does
include posts that result in bringing the wetland into a nonaquatic use or
significantly altering the wetland's functions and values, such as the
construction of office and industrial developments, parking structures,
restaurants, stores, hotels, multifamily housing projects, and similar
structures. It does not include slash or woody vegetation, if the slash
or woody vegetation originated from vegetation growing in the wetland
and does not impair the flow or circulation of water or the reach of the
wetland.
18. Floodplain wetland. A wetland located in the floodplain of a
watercourse, with no well defined inlets or outlets, including tile
systems, ditches, or natural watercourses. This may include the
floodplain itself when it exhibits wetland characteristics.
19. Flow-through wetland. A wetland with both a well defined outlet and
one or more well defined inlets, including tile systems, ditches or natural
watercourses.
20. Hydric soils. Soils that are saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part.
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21. Hydrophytic vegetation. Macrophytic plant life growing in water, soil,
or on a substrate that is at least periodically deficient in oxygen as a
result of excessive water content.
22. Wetland impact. A loss in the quantity, quality, or biological diversity of
a wetland caused by draining or filling.
23. Impacted wetland. A wetland that has been drained or filled, partially or
wholly, and is subject to replacement.
24. Infrastructure. Storm water and sanitary sewer piping, outfalls, inlets,
street subbase, roads, and ditches, culverts, bridges and any other work
defined specifically by a local government unit as constituting a capital
improvement.
25. Introduced hayland. An area devoted to the production of forage and
cultivated in a rotation of row crops or small grains or interseeded with
introduced or native species at least twice during the ten-year period
before January 1, 1991. The ten-year period may be enlarged to the 20 -
year period before January 1, 1991, upon clear evidence of the
qualifying practice in Agricultural Stabilization and conservation Service
or other aerial photographs or records, or the affidavit of a plant
ecologist certified by the Ecological Society of America. These areas
must be harvested by mechanical methods at least two years during the
period January 1, 1986 to January 1, 1991. These areas are considered
to be in agricultural crop production.
26. Introduced pasture. An area devoted to the production of forage and
cultivated in a rotation of row crops or small grains or interseeded with
introduced or native species at least twice during the ten-year period
before January 1, 1991. The ten-year period may be enlarged to the 20 -
year period before January 1, 1991, upon clear evidence of the
qualifying practice in Agricultural Stabilization and Conservation Service
or other aerial photographs or records, or the affidavit of a plant
ecologist certified by the Ecological Society of America. These areas
must be harvested by mechanical methods at least two years during the
period January 1, 1986 to January 1, 1991. These areas are considered
to be in agricultural crop production.
27. Isolated wetland. A wetland without well defined inlets or outlets,
including tile systems, ditches, or natural watercourses.
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28. Wetland Landowner. A person or entity having the rights necessary to
drain or fill a wetland, or to establish and maintain a replacement or
banked wetland. Typically, the landowner is a fee title owner or a holder
of an easement, license, lease, or rental agreement providing the
necessary rights. The right must not be limited by a lien or other
encumbrance that could override the obligations assumed with the
replacement or banking of a wetland.
29. Mining. Any of the following activities:
A. Any removal of the exposed layer of the earth's surface or the
removal of any layer of soil under the exposed layer of the earth's
surface, whether sod, dirt, topsoil, sand, gravel, soil, stone or
minerals performed with the intent of moving the same to another
site as a raw material or processed product.
B. The removal of peat and metallic minerals as provided in
Minnesota Statutes, sections 93.461 and 93.481.
30. Nondegraded wetland. A wetland that has not been partially drained or
filled by human activities.
31. Pasture. Land used for grazing by domestic livestock.
32. Peace officer. The meaning given it in Minnesota Statutes, section
626.84.
33. Project. An action or series of actions necessary to accomplish an
ultimate purpose and that will cause a physical manipulation of the
environment, directly or indirectly. Draining or filling of wetlands may be
a component of .a project.
34. Project -specific. The applicant for the replacement plan approval will
construct the replacement as part of the project, rather than obtain the
replacement from a wetland bank.
35. Public transportation project. A project conducted by a public agency
involving transportation facilities open to the public.
36. Public value of wetlands. The public benefit and use of wetlands for
water quality, floodwater retention, public recreation, commercial uses,
and other public uses.
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37. Public waters wetlands. All types 3, 4, and 5 wetlands, as defined in
United States Fish and Wildlife Service Circular No. 39 (1971 edition),
that were inventoried by the department as public waters under
Minnesota Statutes, section 103G.201.
38. Replacement wetland. A wetland restored or created to replace public
values lost at an impacted wetland.
39. Restoration. Reestablishment of an area that was historically wetlands
but currently provides no or minimal wetland functions due to manmade
alteration such as filling or drainage.
40. Right-of-way acreage. The meaning given it in Minnesota Statutes,
section 103E.285, subdivision 6.
41. Riverine wetland. A wetland contained within the banks of a channel
that may contain moving water or that forms a connecting link between
two bodies of standing water.
42. Set aside. The cropland acreage annually retired as a condition to
landowner participation in United States Department of Agriculture
commodity programs.
43. Silviculture. The scientific management of forest trees.
44. Soil and water conservation district. A legal subdivision of state
government under Minnesota Statutes, chapter 103C.
45. Soil Conservation Service. A legal subdivision of state government under
Minnesota Statutes, chapter 103C.
46. Tributary wetland. A wetland with a well defined outlet, including tile
systems, ditches, or natural watercourses, but without a well defined
inlet.
47. Utility. A sanitary sewer, storm sewer, potable water distribution and
transmission, distribution, or furnishing, at wholesale or retail, of natural
or manufactured gas, electricity, telephone, or radio service or
communications.
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48. Watershed. The 81 major watershed units delineated by the map "State
of Minnesota Watershed Boundaries - 1979" as produced by the
Minnesota Department of Natural Resources, Office of Planning and
Research, Water Policy Planning Program, with funding from the
Legislative Commission on Minnesota Resources.
49. Watershed management organization. A watershed district wholly within
the metropolitan area or a joint powers entity established wholly or partly
within the metropolitan area by special law or by agreement that
performs some or all of the functions of a watershed district for a
watershed and that has the characteristics and the authority specified
under Minnesota Statutes, section 1038.211. Lake improvement or
conservation districts are not watershed management organizations.
50. Wetlands, a wetland, the wetland, or wetland area.
A. Lands transitional between terrestrial and aquatic systems where
the water table is usually at or near the surface or the land is
covered by shallow water. For purposes of this subpart, wetlands
must:
(1) have a predominance of hydric soils;
(2) be inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted for
life in saturated soil conditions; and
(3) under normal circumstances, support a prevalence of
hydrophytic vegetation.
B. A distinct hydrologic feature with characteristics of item A,
surrounded by nonwetland and including all contiguous wetland
types, except those connected solely by riverine wetlands.
"Wetland area" means a portion of "a wetland" or "the wetland".
C. Wetlands does not include public waters wetlands and public
waters that are designated on the public waters inventory maps
prepared under Minnesota Statutes, section 103G.201.
51. Wetlands in a cultivated field. A wetland where greater than 50 percent
of its boundary abuts land that was in agricultural crop production in six
of the ten years before January 1, 1991.
52. Wetlands located on agricultural land. A wetland where greater than 50
percent of its boundary abuts agricultural land.
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Wind Energy Conversion System (WECS): Any device that is designed to convert
wind power to another form of energy such as electricity, mechanical or heat (also
referred to by such common names of wind charge, wind turbine and windmill).
Wholesaling: The selling of goods, equipment and materials by bulk to another
business that in turn sells to the final customer.
Section 2. Section 20-72 of the Otsego City Code is hereby repealed.
Section 3. Section 20-72 of the Otsego City Code is hereby amended to add the
following:
SECTION 20-72
WETLANDS DISTRICT
Section
20-72-1:
Purpose
20-72-2:
Scope
20-72-3:
District Application
20-72-4:
Permitted Uses
20-72-5:
Conditional Uses
20-72-6:
Exemption Determinations
20-72-7:
No -Loss Determinations
20-72-8:
Replacement Plan Determinations
20-72-9:
Technical Evaluation Panel and Procedures
20-72-10:
Appeal of City of Otsego Decisions
20-72-11:
Compensation
20-72-12:
Enforcement Procedures
20-72-13:
Mining
20-72-14:
Standards and Procedures for Evaluating Wetland Replacement Plans
20-72-15:
Standards and Criteria for State Wetland Banking
20-72-16:
Calcareous Fens
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20-72-1: PURPOSE: The purpose and intent of this Chapter is to insure that the
wetland resources within the City of Otsego are protected and
conserved. Wetland resources serve to provide food, shelter and habitat
for fish and wildlife, store surface runoff and reduce flooding damages,
replenish subsurface water supplies, provide outdoor recreation areas
and enhance the natural beauty and biodiversity of landscapes within the
City. This section incorporates by reference the Wetland Conservation
Act of 1991, Laws of Minnesota 1991, chapter 354, as amended by
Laws 1993, chapter 175 and the accompanying rules of the Minnesota
Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as
amended) whose purpose is to:
A. Achieve no net loss in the quantity, quality, and biological
diversity of Minnesota's existing wetlands;
B. Increase the quantity, quality and biological diversity of
Minnesota's wetlands by restoring or enhancing diminished or
drained wetlands;
C. Avoid direct or indirect impacts from activities that destroy or
diminish the quantity, quality and biological diversity of wetlands;
and
D. Replace wetland values where avoidance of activity is not feasible
and prudent.
These purposes being consistent with the City's desire to preserve areas
containing low lands, marshes, wetlands, drainage areas, water bodies
and waterways which are essential to the health, safety and general
welfare of the City's residents.
20-72-2: SCOPE: Wetlands must not be drained or filled wholly or partially unless
replaced by restoring or creating wetland areas of at least equal public
value. This Chapter, along with the above mentioned references, shall
be utilized by the City to insure the protection of the City's wetland
resources.
In addition to the provisions of this Chapter, City decisions on draining
and filling of wetlands are subject to Minnesota Statutes, chapters 116B
and 116D, which provide that an action which is likely to have material
adverse effects on natural resources must not be allowed if there is a
feasible and prudent alternative consistent with the requirements of the
public health, safety and welfare and the state's paramount concern for
the protection of its natural resources. Economic considerations alone
do not justify adversely effective actions.
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20-72-3: DISTRICT APPLICATION:
A. All wetlands within the City of Otsego are hereby designated as
part of the Otsego Wetlands Overlay District, and the
requirements set forthin this Chapter shall govern development
and other activities within these districts. The Wetlands Overlay
District is defined and established to include those wetland areas
under the protection of the Wetland Conservation Act of 1991,
Laws of Minnesota 1991, chapter 354, as amended by Laws
1993, chapter 175.
B. The Otsego Wetlands Overlay District shall be applied to and
superimposed as an overlay upon all zoning districts as contained
herein as existing or amended by the text of this Chapter. The
regulations and requirements imposed by the Otsego Wetlands
Overlay District shall be in addition to those established for
districts which jointly apply. Under the joint application of
districts, the more restrictive requirements shall apply.
C. The boundaries of wetlands within the City may be changed by
the City Council, Department of Natural Resources, or Army Corps
of Engineers, whatever applicable, when it can be demonstrated
by registered site survey and topographic work, and hydrologic
analysis performed by registered engineer or land surveyor that
the established boundaries are incorrect.
20-72-4 PERMITTED USES: Permitted uses within a wetland, and as described
in this Chapter, are subject to guidelines established by the Minnesota
Department of Natural Resources and the United States Army Corps of
Engineers. The following, uses shall be permitted in the Wetlands
Overlay District: -
A. The use of the bed of the wetlands for pasture or cropland during
dry period if dikes, ditches, tile lines, or buildings are not
constructed and the agricultural use does not result in the
drainage of the wetlands.
B. The filling of a wetland to accommodate wheeled booms on
irrigation devices if the wetland fill does not impede normal
drainage.
C. The control of noxious weeds if the control does not drain or fill
the wetland.
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D. Excavation in wetlands if done in a manner such that the wetlands
are not drained or filled.
20-72-5 CONDITIONAL USES: Permitting for conditional uses in the Wetland
Overlay District shall be based upon procedures set forth in and
regulated by Section 4 of the City Zoning Ordinance. Conditional use
permits shall be subject to the elevation criteria as set forth in Section
20-4.2.F of the City Zoning Ordinance. Subject to other more restrictive
limitations which may be imposed by this Chapter, the uses listed in part
B may be allowed in wetlands by conditional use permit subject to the
following:
A. A wetland may not be drained or filled, wholly or partially, unless
either the activity meets the exemption criteria stated in part B or
unless it is replaced under an approved replacement plan meeting
the criteria of 20-72-14-C.
A wetland activity will be considered exempt if it qualifies for any
one of the exemptions.
These exemptions do not apply to calcareous fens as identified by
the commissioner of the Department of Natural Resources.
No exemptions apply to wetlands that have been previously
restored or created as a result of an approved replacement plan.
All such wetlands are subject to replacement on subsequent
drainage or filling.
Nonexempt wetlands cannot be partially drained or filled in order
to claim an exemption or no -loss determination on the remainder.
Therefore, no exemptions or no -loss determinations can be applied
to the remaining wetland that would not have been applicable
before the wetland impact.
Present and future owners of wetlands drained or filled without
replacement under an exemption in part B, subparts 1, 2, 4, 7, 8
and 23, can make no use of the wetland area after it is drained or
filled, other than as agricultural land, for ten years after the
draining or filling, unless it is first replaced under the requirements
of Minnesota Statutes, section 103G.222, paragraph (g). Also,
for ten years the wetland may not be restored for replacement
credit. At the time of wetland draining or wetland filling, the
wetland landowner shall record a notice of these restrictions in the
office of the Wright County recorder. At a minimum, the recorded
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document must contain the name or names of the wetland
landowners, a legal description of the property to which the
restrictions apply, a statement of the restrictions, the date on
which the ten-year period expires, the City of Otsego as the local
government which certified the exemption, if such occurred, the
signatures of all owners, and an acknowledgment.
A person conducting an activity in a wetland under an exemption
in part B shall ensure that:
1. appropriate erosion control measures are taken to prevent
sedimentation of the water;
2. the activity does not block fish activity in a watercourse;
and
3. the activity is conducted in compliance with all other
applicable federal, state, and local requirements, including
best management practices and water resource protection
requirements established under Minnesota Statutes, chapter
103H.
B. A request for an exemption shall be required of a perspective
applicant on a form provided by the City of Otsego. Exemptions
which qualify for City of Otsego review are as follows:
1. Activities in a wetland that was planted with annually
seeded crops, was in a crop rotation seeding of pasture
grasses or legumes, or was required to be set aside to
receive price support or other payments under United
States Code,.title 7, sections 1421 to 1469, in six of the
last ten years prior to January 1, 1991.
Documentation, such as Agricultural Stabilization and
Conservation Service aerial photographs, Agricultural
Stabilization and Conservation Service form 578 or
equivalent, United States Department of Agriculture
records, or affidavit of landowner is required to accompany
the application for exemption and be furnished by the
applicant.
Set aside land used for this exemption must be wetland
Types 1 and 2.
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2. Activities in a wetland that is or has been enrolled in the
federal conservation reserve program under United States
code, title 16, section 3831, that:
a. was planted with annually seeded crops, was in a
crop rotation seeding, or was required to be set aside
to receive price support or payment under United
States Code, title 7, sections 1421 to 1469, in six
of the last ten years prior to being enrolled in the
program; and
b. has not been restored with assistance from a public
or private wetland restoration program.
Federal documentation that the wetland is or has been
enrolled in the federal conservation reserve program is
required to accompany the application for exemption and be
furnished by the applicant. The landowner must also meet
the same requirements of subpart 2 for the exemption
stated in Minnesota Statutes, section 103G.2241,
subdivision 1, clause (1), except that the years required are
at least six of the ten years preceding the year of
enrollment in the conservation reserve program. The
landowner must also state in writing that the wetland was
not restored with assistance from a public or private
wetland restoration fund, or that the restoration was done
under a contract or easement providing the landowner with
the right to drain the restored wetland.
3. Activities in a. wetland necessary to repair and maintain
existing public or private drainage systems as long as
wetlands that have been in existence for more than 20
years are not drained. This exemption allows maintenance
which fills wetlands that have been in existence for more
than 20 years when the wetlands are located within the
right-of-way acreage of the ditch or within a one rod width
on either side of the top of the ditch, whichever is greater,
and the filling is limited to the side casting of spoil materials
resulting from the maintenance and the spoil deposition
area is permanently seeded into grass after maintenance
activities are completed.
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The owner must provide documentation that the wetlands
which will be partially or completely drained by the
maintenance have not existed for more than 20 years.
Aerial photographs from two years of normal or wetter than
normal water level conditions showing no wetlands are one
form of acceptable documentation. If aerial photographs
are unavailable, a sworn affidavit may be submitted.
Otherwise, the landowner must show that the maintenance
will not reduce the wetland from what it was 20 years ago
or more.
This exemption includes lowering the elevation of
previously placed tile when made necessary by land
subsidence provided the lowering does not drain wetlands.
4. Activities in a wetland that has received a commenced
drainage determination provided for by the federal Food
Security Act of 1985, that was made to the county
agricultural stabilization and conservation service office
prior to September 19, 1988, and a ruling and any
subsequent appeals or reviews have determined that
drainage of the wetland had been commenced prior to
December 23, 1985.
The wetland landowner must provide Agricultural
Stabilization and Conservation Service documents
confirming that the county agricultural stabilization and
conservation service office determined before September
19, 1988, that wetland drainage had begun before
December 23, 1985 and that the determination has not
been overturned by subsequent appeal or review and is not
currently under administrative review.
5. Activities exempted from federal regulation under United
States Code, title 33, section 1344(f).
The City of Otsego shall certify the exemption only if the
wetland landowner furnishes proof of qualification for one
of the exemptions from the United States Army Corps of
Engineers.
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This exemption does not apply to a project with the
purpose of converting a wetland to a nonwetland, either
immediately or gradually, or converting the wetland to
another use, or when the wetland fill will result in
significant discernible change to the flow or circulation of
water in the wetland, or partly draining it, or reducing the
wetland area.
6. Activities authorized under, and conducted in accordance
with, an applicable general permit issued by the United
States Army Corps of Engineers under section 404 of the
federal Clean Water Act, United States Code, title 33,
section 1344, except the nationwide permit in Code of
Federal Regulations, title 33, section 330.5, paragraph (a),
clause (14), limited to when a new road crosses a wetland,
and all of clause (26).
This exemption is for nationwide permits
3,4,5,6,7,12,13,14,15,16,17,20,21,22,23 and 25 issued
under Code of Federal Regulations, title 33, section 330.5.
The City of Otsego shall certify such an exemption only if
the applicant furnishes proof of qualification for one of
these nationwide permits from the United States Army
Corps of Engineers. Nationwide permit 14 for a new road
does not qualify for this exemption, nor do nationwide
permits under numbers not listed in this exemption.
To qualify for a nationwide permit, the applicant for a
United States Army Corps of Engineers permit must meet
any regional conditions imposed by the United States Army
Corps of Engineers, and must obtain from the Minnesota
Pollution Control Agency an individual section 401
certification when required.
7. Activities in a type 1 wetland on agricultural land, as
defined in United States Fish and Wildlife Circular No. 39
(1971 edition) except for bottomland hardwood type 1
wetlands.
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The wetland landowner must provide the same proofs
required by the first paragraph of exemption 1, for lands
abutting at least 50 percent of the wetland's boundary.
The City of Otsego may seek the advice of the technical
panel as to whether the wetland is a type 1 wetland not of
the bottomland hardwood type.
The type of the wetland will be determined according to
United States Fish and Wildlife Service Circular No. 39
(1971 edition). Alternatively, the type of the wetland can
be determined from the Cowardin (et al. 1979)
classification system: PEM 1 A, PEMA, PEMJ, and PEM 1 J
may be considered to be a type 1 wetland.
This exemption applies if the wetland is all type 1 wetland,
or is a combination of types 1 and 2 wetlands, on
agricultural land, and the type 2 wetland area is less than
two acres.
8. Activities in a type 2 wetland that is two acres in size or
less located on agricultural land.
The wetland landowner must provide the same material as
required from the wetland landowner by exemption 7. The
City of Otsego may seek the advice of the technical panel
as to whether the wetland is a type 2 wetland, two acres
or less in size.
The wetland size is the area within its boundary. The
boundary must be determined according to the "Federal
Manual for Identifying and Delineating Jurisdictional
Wetlands" (January 1989). The type of the wetland must
be determined according to United State Fish and Wildlife
Service Circular No. 39 (1971 edition). Alternatively, type
can be determined from the Cowardin (et al. 1979)
classification system: PEM1 B and PEMB may be considered
to be a type 2 wetland.
This exemption applies if the wetland is a type 2 wetland,
or is a combination of types 1 and 2 wetlands, on
agricultural land, and the type 2 wetland area is less than
two acres.
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9. Activities in a wetland restored for conservation purposes
under a contract or easement providing the landowner with
the right to drain the restored wetland.
The wetland landowner must provide a contract or
easement conveyance or affidavit demonstrating that the
wetland landowner or a predecessor restored the wetland
for conservation purposes but retained the right to
subsequently drain the restored wetland.
10. Activities in a wetland created solely as a result of:
a. beaver dam construction;
b. blockage of culverts through roadways maintained
by a public or private entity;
C. actions by public entities that were taken for a
purpose other than creating the wetland; or
d. any combination of a. to c.
Wetland areas created by beaver activities may be drained
by removing those materials placed by beaver. Wetland
drainage is permitted by removing or moving materials
blocking installed roadway culverts and drainage structures.
Additional excavation or removal of other materials -is not
permitted unless it can be shown by aerial photographs that
the proposed wetland activity will not drain or fill wetland
that was there before the beaver dam was built or the
culvert became plugged.
Wetlands may be drained or filled if the wetland landowner
can- show that the wetland was created solely by actions
the purpose of which was not to create the wetland and
were approved, permitted, funded, or overseen by a public
entity.
Impoundments or excavations constructed in nonwetlands
solely for the purpose of effluent treatment, storm water
retention, soil and water conservation practices, and water
quality improvements, and not as part of a compensatory
wetland mitigation process that may, over time, take on
wetland characteristics, are also exempted.
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11. Placement, maintenance, repair, enhancement, or
replacement of utility or utility -type service, including the
transmission, distribution, or furnishing, at wholesale or
retail, or natural or manufactured gas, electricity, telephone,
or radio service or communications if:
a. the impacts of the proposed project on the
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and
b. the proposed project significantly modifies or alters
less than one-half acre of wetlands.
For new placement and enhancement of existing facilities,
the utility must demonstrate that the character and extent
of the impacts of the proposed project on the wetlands
have been minimized and that the entire project will,
cumulatively, drain or fill less than one-half acre of wetland.
For maintenance, repair, and replacement, the City of
Otsego may issue a seasonal or annual exemption
certification or the utility may proceed without City of
Otsego certification if it is carrying out the work according
to best management practices. Work of an emergency
nature may proceed as necessary and any wetland drain or
wetland fill activities shall be addressed with the City of
Otsego after the emergency work has been completed.
12. Activities associated with routine maintenance of utility and
pipeline rights-of-way, provided the activities do not result
in additional intrusion into the wetland.
This exemption is for maintenance, but not expansion, of
the rights-of-way in which utilities are located. Spill
remediation is not routine maintenance.
The City of Otsego may issue a seasonal or annual
exemption certification or the utility may proceed if it is
carrying out the work according to best management
practices. Work of an emergency nature may proceed as
necessary and any wetland drain or wetland fill activities
shall be addressed with the City of Otsego after the
emergency work has been completed.
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13. Alteration of a wetland associated with the operation,
maintenance, or repair of an interstate pipeline within all
existing or acquired interstate pipeline rights-of-way. This
exemption includes construction activities.
14. Temporarily crossing or entering a wetland to perform
silvicultural activities, including timber harvest as part of a
forest management activity, so long as the activity limits
the impact on the hydrologic and biologic characteristics of
the wetland; the wetland activities do not result in the
construction of dikes, drainage ditches, tile lines, or
buildings; and the timber harvesting and other silvicultural
practices do not result in the drainage of the wetland or
public waters.
This exemption is for temporary -use roads constructed for
the primary purpose of providing access for the conduct of
silvicultural activities.
15. Permanent access for forest roads across wetlands so long
as the activity limits the impact on the hydrologic and
biologic characteristics of the wetland; the construction
activities do not result in the access becoming a dike,
drainage ditch or the line; with wetland filling avoided
wherever possible; and there is no drainage of the wetland
or public waters.
This exemption is the same as exemption 14 except that it
is for permanent forest roads which are roads constructed
for the primary, purpose of providing access for the conduct
of silvicultural activities.
16. Activities associated with routine maintenance or repair of
existing public. highways, roads, streets, and bridges,
provided the activities do not result in additional intrusion
into the wetland outside of the existing right-of-way.
This exemption does not prevent repairing washouts or
adding material to the driving surface provided the road's
occupancy of the wetland outside of the existing right-of-
way does not increase.
20
17. Emergency repair and normal maintenance and repair of
existing public works, provided the activity does not result
in additional intrusion of the public works into the wetland
and do not result in the draining or filling, wholly or
partially, of a wetland.
This exemption applies to public works other than roads,
such as buildings and bridges.
18. Normal maintenance and minor repair of structures causing
no additional intrusion of an existing structure into the
wetland, and maintenance and repair of private crossings
that do not result in the draining or filling, wholly or
partially, of a wetland.
This exemption applies to private structures, such as
buildings and road crossings.
19. Duck blinds. This exemption allows floating duck blinds
and blinds on poles or pilings. This exemption does not
allow wetland fill other than poles or pilings.
20. Aquiculture activities including pond excavation and
associated access roads and dikes authorized under, and
conducted in accordance with, a permit issued by the
United States Army Corps of Engineers under section 404
of the federal Clean Water Act, United States Code, title
33, section 1344, but not including buildings.
21. Wild rice production activities, including necessary diking
and other activities authorized under a permit issued by the
United State Army Corps of Engineers under section 404 of
the federal Clean Water Act, United States Code, title 33,
section 1344.
Documentation demonstrating that the exemption applies
may include showing possession of a United States Army
Corps of Engineers permit for the project.
22. Normal agricultural practices to control pests or weeds,
defined by rule as either noxious or secondary weeds, in
accordance with applicable requirements under state and
federal law, including established best management
practices.
21
This exemption does not allow diking, ditching, tiling or
filling, or other control practices that would result in the
conversion of wetlands.
23. Activities in a wetland that is on agricultural land annually
enrolled in the federal Food, Agricultural, Conservation, and
Trade Act of 1990, United States Code, title 16, section
3821, subsection (a), clauses (1) to (3), as amended, and
is subject to sections 1421 to 1424 of the federal act in
effect on January 1, 1991, except that land enrolled in a
federal farm program is eligible for easement participation
for those acres not already compensated under a federal
program.
Documentation such as a written statement from the local
Agricultural Stabilization and Conservation Service office
that the proposed wetland activity would not result in loss
of eligibility for benefits under the farm program may be
used as evidence for this exemption. If the wetland activity
would result in loss of eligibility, the wetland landowner
cannot qualify for the exemption by withdrawing from the
program.
24. Development projects and ditch improvement projects in
the state that have received preliminary or final plat
approval, or infrastructure that has been installed, or having
local site plan approval, conditional use permits, or similar
official approval by a governing body or government
agency, within five years before July 1, 1991. Plat
approval must be preliminary as approved by the City of
Otsego.
Subdividers who obtained preliminary plat approval in the
specified time period, and other project developers with one
of the listed approvals timely obtained, provided approval
has not expired and the project remains active, may drain
and fill wetlands, to the extent documented by the
approval, without replacement. Those elements of the
project that can be carried out without changing the
approved plan and without wetland draining or wetland
filling must be done in that manner. If wetlands can be
avoided within the terms of the approved plan, they must
be avoided.
22
For county, joint county, and watershed district ditch
projects, this exemption applies to projects that received
final approval in the specified time period.
25. Activities that result in the draining or filling of less than
400 square feet of wetlands.
This exemption applies if the total wetland loss by draining
and filling will be less than 400 square feet per year per
landowner, and the cumulative impact by all persons on a
wetland over time without replacement after January 1,
1992, does not exceed five percent of the wetland's area.
20-72-6: EXEMPTION DETERMINATIONS.
A wetland landowner intending to drain or fill a wetland without
replacement, claiming exemption, must apply for a conditional use permit
from the City of Otsego before beginning wetland drainage or wetland
filling activities for determination whether or not the activity is exempt.
A wetland landowner who does not request a determination may be
subject to the enforcement provisions contained herein and Minnesota
Statutes, section 103G.2372. The City of Otsego will keep on file all
documentation and findings of fact concerning exemption determinations
for a period of ten years.
The City of Otsego will offer exemption certificates as part of the
wetland program within their jurisdiction.
The wetland landowner applying for exemption is responsible for
submitting the proof necessary to show qualification for the particular
exemption claimed.
The City of Otsego will place the decision authority for exemption
applications with the City's engineer.
The City engineer's decision shall be based on the exemptions standards
in 20-72-5. If the decision requires a finding of wetland size or type, the
City's engineer may seek the advice of the technical panel.
23
A wetland landowner draining or filling a wetland under an exemption
shall ensure that appropriate erosion control measures are taken to
prevent sedimentation of the water, the drain or fill does not block fish
passage, and the drain or fill is conducted in compliance with all other
applicable federal, state, and local requirements, including best
management practices and water resource protection requirements
established under Minnesota Statutes, chapter 103H.
20-72-7: NO -LOSS DETERMINATIONS.
A wetland landowner unsure if proposed work will result in a loss of
wetland may apply by conditional use permit application to the City of
Otsego for a determination. A wetland landowner who does not request
a determination may be subject to the enforcement provisions contained
herein and Minnesota Statutes, section 103G.2372. The City of Otsego
will keep on file all documentation and findings of fact concerning no -
loss determinations for a period of ten years.
The wetland landowner applying for a no -loss determination is
responsible for submitting the proof necessary to show qualification for
the claim.
The City of Otsego will place the decision authority for no -loss
applications with the City's engineer.
The City's engineer shall issue a no -loss certificate if the wetland
landowner requests and if either:
A. the work will not drain or fill a wetland;
B. water level management activities will not result in the conversion
of a wetland to another land use;
C. the wetland activities are in a surface impoundment for
containment of fossil fuel combustion waste or water retention,
and are not part of a compensatory wetland mitigation program;
or
D. the wetland activity is being conducted as part of an approved
replacement plan or is conducted or authorized by public agencies
for the purpose of wetland restoration and the activity is restricted
to placing fill in a previously excavated drainage system to restore
a wetland to its original condition.
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20-72-8: REPLACEMENT PLAN DETERMINATIONS: A wetland landowner
intending to drain or fill a wetland who does not qualify for an exemption
or no -loss determination shall obtain approval of a replacement plan from
the City of Otsego before beginning draining or filling the wetland. A
person who does not do so is subject to the enforcement provisions in
20-72-12 and Minnesota Statutes, section 103G.2372. An application
for approval of a replacement plan may be obtained from the City of
Otsego.
The City of Otsego will, within ten days of receipt of the application,
mail a copy of the application and an invitation to submit comments to:
A. The Board of Water and Resources, who will subsequently publish
the application in the Environmental Quality Board Monitor.
B. Members of the public who have requested a copy.
C. The Soil and Water Conservation District.
D. The watershed district or water management organization, if there
is one.
E. The Wright County Board of Water and Soil resources.
F. Mayors of the cities within the watershed.
G. The commissioners of agriculture and natural resources.
At the same time, the City of Otsego will publish notice of the
application with an invitation to comment in a general circulation
newspaper in the area affected.
The City of Otsego will not make its decision before 30 days and not
more than 60 days have elapsed from the mailing of notice, publication
in the Environmental Quality Board Monitor, when required, or
publication in the newspaper, whichever is later. The City of Otsego
decision will not be effective until 30 days after a copy of the decision
has been mailed to the Environmental Quality Board Monitor for
publication, when required, and mailed to the same list specified above
for notice of the application and to the applicant. The mailing to the
applicant will be by registered mail and will advise that the decision is
not effective for 30 days, and is stayed if it is appealed.
Publication in the Environmental Quality Board Monitor of replacement
plan applications and decisions will be performed, except for the wetland
fill activities described in the next paragraph, when the City of Otsego
will publish a general notice in the Environmental Quality Board Monitor
that it will not be publishing notice of such individual wetland activities,
but will instead provide mailed notice of each project to anyone asking
to be put on the City of Otsego's mailing list for such projects. This
25
notice will be published not less often than once every year. The notice
will advise how persons may submit their names and addresses to be put
on the mailing list.
Projects eligible for this form of Environmental Quality Board Monitor
notice are all those which will fill less than one-tenth acre of wetland;
and all those which will fill less than one-quarter acre of wetland, and
result from a private road fill or the construction or expansion of a single-
family dwelling unit or a farm building when the project cannot be
modified so as to avoid the wetland fill.
The City of Otsego's decision shall be based on the replacement
standards contained in this Chapter and on the technical determination
of the technical evaluation panel concerning the public values, location,
size, and type of the wetland being altered. The City of Otsego will
consider the recommendation of the technical evaluation panel to
approve, modify, or reject the proposed replacement plan.
For wetland replacement plans involving both the City of Otsego and one
or more other local government units, approval of all local government
units involved must be obtained before the project may proceed.
20-72-9: TECHNICAL EVALUATION PANEL AND PROCEDURES.
The City of Otsego will form, by resolution, a technical evaluation panel
consisting of three persons:
A. A technical professional employee of the Board of Water and Soil
Resources.
B. A technical professional employee of the Wright County Soil and
Water Conservation District.
C. A technical professional with expertise in water resources
management appointed by the City of Otsego.
The member appointed by the City of Otsego will act as the contact
person and coordinator for the panel. Two members of the technical
review panel will be knowledgeable and trained in applying
methodologies of the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands" (January 1989), and evaluation of public values.
The technical evaluation panel reserves the right to invite additional
wetland experts to help the panel in its work.
26
The panel will make technical determinations on questions of public
values, location, size, and type for replacement plans if requested to do
so by the City of Otsego, the wetland landowner, or a member of the
technical evaluation panel. The panel may review replacement plans and
recommend to the City of Otsego either approval, approval with changes
or conditions, or rejection. The panel will make no determinations or
recommendations without at least one member having made an on-site
inspection. Panel determinations and recommendations must be
endorsed by at least two of the three members.
The panel, or one of its members when so authorized by all of the
members, may assist the City of Otsego in making wetland size and type
determinations when asked to do so by the City of Otsego as part of
making an exemption or no -loss determination.
If requested by the City of Otsego, the wetland landowner, or a member
of the technical evaluation panel, the panel will answer technical
questions or participate in the monitoring of replacement wetlands and
will similarly participate in the monitoring of banked wetlands.
20-72-10: APPEAL OF CITY OF OTSEGO DECISIONS.
A. Appeal of replacement plan decisions: The decision of the City of
Otsego to approve, approve with conditions, or reject a
replacement plan, becomes final if not appealed to the Board of
Water and Soils Resources within 30 days after the date on which
the decision is mailed to those required to receive notice of the
decision.
Appeal may be made by the wetland landowner, by any of those
required to receive notice of the decision, or by 100 residents of
the county in which a majority of the wetland is located.
Appeal is effective upon mailing of the notice of appeal to the
Board of Water and Soils Resources with an affidavit that a copy
of the notice of appeal has been mailed to the City of Otsego.
The City of Otsego shall then mail a copy of the notice of the
appeal to all those to whom it was required by this chapter to mail
a copy of the notice of decision.
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B. Appeal of exemption and no -loss determinations:
1. An exemption or no -loss determination may be appealed to
the board by the wetland landowner after first exhausting
all City of Otsego administrative appeal options.
2. Those required to receive notice of replacement plan
decisions as provided for in 20-72-8 may petition the board
to hear an appeal from an exemption or no -loss
determination. The board will grant the petition unless it
finds that the appeal is meritless, trivial, or brought solely
for the purposes of delay. In determining whether to grant
the appeal, the board will also give consideration to the size
of the wetland, other factors in controversy, any patterns
of similar acts by the City of Otsego or landowner or
petitioner, and the consequences of the delay.
3. The determination of the City of Otsego on the exemption
or no -loss application is final unless an appeal or petition is
mailed to the board within 30 days after the decision is
mailed to the landowner. The appeal or petition must be
accompanied by an affidavit that a copy has been sent to
the City of Otsego and to the wetland landowner if it is a
petition.
C. Board of Soil and Water Resources Procedures:
The appeal will be decided by the board within 60 days after
receiving the notice of appeal and affidavit or granting the
petition. Parties to the appeal will be the appellant, the City of
Otsego and in the case of replacement plan appeals, all those
required to receive notice of the City of Otsego's decision.
Upon appeal, the City of Otsego will forward to the board the
record on which it based its decision. The board will make its
decision on the appeal after hearing. Thirty days' notice of the
hearing will be given by the board to the parties. The parties may
present written and oral argument. When the City of Otsego has
made formal findings contemporaneously with its decision and
there is an accurate verbatim transcript of the proceedings and the
proceedings were fairly conducted, the board will base its review
on the record. Otherwise, it may take additional evidence, or
remand the matter.
a3
The board will affirm the City of Otsego's decision if the City of
Otsego's findings of fact are not clearly erroneous; if the City of
Otsego correctly applied the law to the facts, including this
chapter; and if the City of Otsego made no procedural errors
prejudicial to a party. Otherwise, the board will reverse the
decision, amend it, or remand it with instructions for further
proceedings.
20-72-11: COMPENSATION.
Replacement plan applicants who have completed the City of Otsego
process and the Board of Water and Soil Resources appeal process and
the plan has not been approved as submitted, may apply to the Board of
Water and Soil Resources for compensation under Minnesota Statutes,
section 103G.237.
20-72-12: ENFORCEMENT PROCEDURES.
A. Enforcing Authorities: The commissioner of the Department of
Natural Resources, conservation officers, and other peace officers
may issue cease and desist orders and restoration and
replacement orders.
B. Cease and Desist Orders: Site-specific cease and desist orders
may be issued when the enforcement authority has probable
cause that a drain or fill activity is being or has been conducted in
a wetland and does not qualify for an exemption or a no -loss
determination and is being or has been conducted without prior
approval of a replacement plan by the City of Otsego.
A cease and desist order will not be issued if the wetland
landowner has a valid certificate of exemption or no -loss from the
City of Otsego or has evidence to support an exemption.
Otherwise:
1. the enforcement authority may issue a cease and desist
order upon discovery of the wetland drain or wetland fill
activity;
2. the order may be withheld to give the wetland landowner
time to produce the evidence required by the City of
Otsego to the enforcement authority of qualification for an
exemption or no -loss determination; or
29
3. a cease and desist order may be issued with an effective
date three weeks from the date of issuance. The
enforcement authority may exercise this option when the
enforcement authority cannot readily make a determination
on the facts and circumstances to deny a wetland
landowner's claim of exemption or no -loss, and continued
drain or fill activity would not cause irreparable harm to the
wetland.
The enforcement authority will advise the wetland landowner that
the wetland landowner's application, if any, for an exemption or
no -loss determination, should be made immediately to the City of
Otsego and that whatever wetland drain and wetland fill work the
wetland landowner has done may require restoration according to
a restoration plan designed by the soil and water conservation
district, if the application for exemption or no -loss determination
is denied.
The enforcement authority issuing a cease and desist order will
submit copies to the soil and water conservation district, City of
Otsego, and department.
If an application for an exemption or no -loss determination is
triggered by a cease and desist order, the City of Otsego or the
technical evaluation panel will make a decision within three weeks
from the date of application. The City of Otsego or the technical
evaluation panel will review evidence of exemption or no -loss
produced by the wetland landowner, inspect the site if necessary,
and determine:
1. if the area in question is a wetland; and
2. if the activity qualifies for an exemption or no -loss
determination.
In cases where the cease and desist order has been issued to the
City of Otsego, the determination of exemption or no -loss will be
made by the Board of Soil and Water Resources.
If the decision is that the wetland activity is exempt or results in
a no -loss determination, the decision maker will issue a certificate
of exemption or no -loss, request that the enforcement authority
rescind the cease and desist order, and notify the soil and water
conservation district, the department, and the wetland landowner.
30
If the application is denied, the decision -maker shall immediately
notify the soil and water conservation district, the department, the
enforcement authority, and the wetland landowner.
C. Restoration and replacement orders. The enforcement authority
will issue a restoration order or replacement order when the
wetland drain or wetland fill has already been completed when
discovered, or after a cease and deist order has been issued and
the wetland landowner does not seek an exemption or no -loss
determination within three weeks, or the City of Otsego denies
the application.
Promptly upon being informed by the enforcement authority of the
need, the soil and water conservation district staff person shall
inspect the site and prepare a plan in consultation with the City of
Otsego for restoring the site to its prealtered condition, unless the
soil and water conservation district person concludes that
restoration is impossible. The soil and water conservation district
shall incorporate its plan into a restoration or replacement order
and send it to the enforcement authority for service in person or
by certified mail to the wetland landowner.
The restoration order will specify a date by which the wetland
landowner must either:
1. Restore the wetland according to the soil and water
conservation district plan and obtain a certificate of
satisfactory restoration from the soil and water
conservation district; or
2. Submit a replacement plan to the City of Otsego.
The order will state that it will be canceled when the wetland
landowner obtains a certificate of exemption or no -loss from the
City of Otsego or a certificate that restoration has been completed
according to an approved restoration plan. Otherwise, the
wetland landowner must restore the wetland in the manner
required by the restoration order.
If the soil and water conservation district determines that
restoration will not restore all the loss caused by the wetland drain
or wetland fill activity, the enforcement authority may order a
combination of restoration and replacement, or may order
replacement rather than restoration, as determined by the soil and
31
water conservation district. The order will direct the wetland
landowner to obtain replacement plan approval from the City of
Otsego. The order must specify that if replacement plan approval
is not obtained, the wetland landowner must restore the wetland
in a manner determined by the soil and water conservation
district.
Each cease and desist, restoration, and replacement order will tell
the wetland landowner that violation of the order is a
misdemeanor.
If, as part of a misdemeanor proceeding, the court orders
restoration or replacement, the soil and water conservation district
will determine which is appropriate, and if it is restoration, the
method of restoration. If the court orders replacement, the
wetland landowner must follow the replacement plan process in
this chapter unless the court orders otherwise.
20-72-13: MINING: Wetlands may not be drained or filled as part of a project for
which a permit to mine is required by Minnesota Statutes, section
93.481 or by Chapter 9 of the City of Otsego Code. Draining or filling
of wetlands created by pits, stockpiles or tailing basins by actions whose
purpose was not to create the wetland may be exempt. The wetland
landowner must contact the City of Otsego to verify this exemption.
20-72-14: STANDARDS AND PROCEDURES FOR EVALUATING WETLAND
REPLACEMENT PLANS:
A. Procedures:
1. General: No person shall drain or fill a wetland, wholly or
partially, without first having a wetland value replacement
plan approved by the City Council of the City of Otsego
consistent with this chapter and provided that the activity
is not prohibited under the special considerations provisions
in 20-72-14-D-9.
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2. Preapplication conference and site visit. Before preparation
of a wetland value replacement plan, the wetland
landowner must meet with the City of Otsego for a
preapplication conference and site visit. A wetland
landowner may submit the sequencing information required
in 20-72-14-B and request a determination of compliance
with the sequencing requirements from the City of Otsego
before preparing a replacement plan.
3. Evaluation. Technical questions concerning the public
value, location, size, and type of wetland shall be submitted
to the technical evaluation panel. Wetland boundaries must
be determined using the methodologies in the federal
Manual for Identifying and Delineating Jurisdictional
Wetlands (January 1989).
Wetland type must be identified according to Cowardin, et
al. 1979, Classification of Wetlands and Deepwater
Habitats of the United States and according to United
States Fish and Wildlife Service Circular No. 39 (1971
edition) "Wetlands of the United States." The technical
evaluation panel will provide its determinations to the City
of Otsego for consideration.
B. Sequencing:
1. Requirement. Except for wetlands located in cultivated
fields that are subject to 20-72-14-13-8, and calcareous fens
that are subject to 20-72-14-B-9, the City of Otsego will
not consider or approve a wetland replacement plan unless
the_ City of Otsego finds that the applicant has
demonstrated that the activity impacting a wetland has
complied with all of the following principles in descending
order or priority:
a. avoids direct or indirect impacts to the wetland that
may destroy or diminish the wetland under the
criteria in 20-72-14-B-3;
b. minimizes the impact to the wetland by limiting the
degree or magnitude of the wetland activity and its
implementation under the criteria in 20-72-14-B-4;
33
C. rectifies the impact by repairing, rehabilitating, or
restoring the affected wetland under the criteria in
20-72-14-B-6;
d. reduces or eliminates the impact to the wetland over
time by preservation and maintenance operations
under the criteria in 20-72-14-B-6; and
e. replaces unavoidable impacts to the wetland by
restoring or creating substitute wetland areas having
equal or greater public value as provided for in this
chapter.
2. Application options. An applicant may either submit the
information required for sequencing analysis as part of the
application for replacement plan approval or apply for a
preliminary sequencing determination from the City of
Otsego before preparing a replacement plan. The City of
Otsego may request additional information needed to make
a determination. For projects impacting wetland areas less
than 0.1 acres, the City of Otsego may provide an on-site
sequencing determination without written documentation
from the applicant.
3. Determination of impact avoidance.
a. Avoidance will be required when indicated by special
considerations as stated in this chapter.
b. Wetland dependence determination:
(i) Based on information provided by the
applicant, the City of Otsego will determine if
the proposed project is wetland dependent. A
project is wetland dependent if wetland
features, functions, or values are essential to
fulfill the basic purpose of the project. A
wetland present at the site of a proposed
project does not make that project wetland
dependent.
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(ii) A project that has been determined by the
City of Otsego to be wetland dependent is
exempt from the analysis of avoidance
alternatives in item 20 -72 -14 -B -3-c.
C. Alternative analysis:
(i) The applicant shall provide the City of Otsego
with documentation describing at least two
alternatives in addition to the proposed
project, one of which may be the no -build
alternative, that would avoid impacts to
wetlands. The alternatives may include
consideration of alternate sites or alternative
project configurations on the proposed site.
The alternatives must be judged by the City of
Otsego as good faith efforts, or the City of
Otsego will require the applicant to redraft
them for reconsideration.
(ii) The City of Otsego will determine whether
any feasible and prudent alternatives are
available that would avoid impacts to
wetlands. An alternative will be considered
feasible and prudent if it is capable of being
done from an engineering point of view, is in
accordance with accepted engineering
standards and practices, is consistent with
reasonable requirements of the public health,
safety, and welfare, is an environmentally
preferable alternative based on a review of
social, economic, and environmental impacts,
and would create no truly unusual problems.
The City of Otsego will consider the following
in evaluating alternatives as applicable:
(a) whether the basic project purpose can
be reasonably accomplished using one
or more other sites in the same general
area that would avoid wetland impacts.
An alternate site will not be excluded
from consideration only because it
includes or requires an area not owned
by the applicant that could reasonably
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be obtained, used, expanded, or
managed to fulfill the basic purpose of
the proposed project;
(b) the general suitability of alternate sites
considered by the applicant;
(c) whether reasonable modification of the
size, scope configuration, or density of
the project would avoid impacts to
wetlands;
(d) efforts by the applicant to
accommodate or remove constraints on
alternatives imposed by zoning
standards or infrastructure, including
request for conditional use permits,
variances, or planned unit
developments; and
(e) the physical, economic and
demographic requirements of the
project. Economic considerations alone
do not make an alternative not feasible
and prudent.
(iii) If the City of Otsego determines that a
feasible and prudent alternative exists that
would avoid impacts to wetlands, it will deny
the replacement plan. If no feasible and
prudent alternative is available that would
avoid impacts to wetlands, the City of Otsego
will evaluate the replacement plan for
compliance with 20-72-14-13-4 to 6.
4. Determination of impact minimization.
a. The applicant shall demonstrate to the City of
Otsego satisfaction that the activity will minimize
impacts to wetlands. In reviewing the sufficiency of
the applicant's efforts to minimize wetland impacts,
the City of Otsego will consider:
(i) the spatial requirements of the project;
(ii) the location of existing structural or natural
features that may dictate the placement or
configuration of the project;
(iii) the purpose of the project and how the
purpose relates to placement, configuration,
or density;
(iv) the sensitivity of the site design to the natural
features of the site, including topography,
hydrology and existing vegetation;
(v) the value, function, and spatial distribution of
the wetlands on the site;
(vi) individual and cumulative impacts; and
(vii) an applicant's efforts to:
(a) modify the size, scope, configuration,
or density of the project;
(b) remove or
constraints
infrastructure,
features; and
accommodate site
including zoning,
access, or natural
(c) otherwise minimize impacts.
b. If the City of Otsego finds that an applicant has not
complied with the requirements to minimize wetland
impacts, the City of Otsego will list, in writing, its
objections to the project. If, within 30 days, the
applicant does not withdraw the project proposal or
indicate intent to submit an amended project
proposal satisfying the City of Otsego's objections,
the statement of objections shall constitute a denial.
5. Determination of impact rectification. Temporary impacts
to a wetland must be rectified by repairing, rehabilitating,
or restoring the affected wetland.
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a. Wetland activities may qualify for a no -loss
determination in 20-72-7 by meeting all of the
following conditions:
(i) the physical characteristics of the affected
wetland, including ground elevations,
contours, inlet dimensions, outlet dimensions,
substrate, and hydrologic regime, are restored
to preproject conditions sufficient to ensure
that all preproject functions and values are
restored;
(ii) the activity is completed and the physical
characteristics of the wetland are restored
within six months of the start of the activity;
and
(ii) the party responsible for the activity provides
a performance bond to the City of Otsego for
an amount sufficient to cover the estimated
cost to restore the wetland to preproject
conditions. The City of Otsego will return the
performance bond to the responsible party
upon a determination by the City of Otsego
that the conditions in this item and item b.
have been met.
b. An applicant shall be granted a no -loss determination
under the criteria in item a. once in a ten-year period
for a particular site within a wetland, except that
repairs to the original project shall be allowed under
the no -loss determination, if the City of Otsego
determines the request to be necessary and
reasonable.
C. Wetland impacts that do not qualify for a no -loss
determination according to the criteria in item a. are
subject to replacement under the criteria in 20-72-
14-C to 1.
6. Determination of reduction or elimination of wetland
impacts over time. After a wetland activity is completed,
further wetland impacts from the draining or filling must be
reduced or eliminated by maintaining, operating, and
C.
managing the project in a manner that preserves and
maintains remaining wetland functions and values. The
City of Otsego will require applicants to implement best
management practices to protect wetland functions and
values.
7. Unavoidable impacts. Unavoidable wetland impacts that
remain after efforts to minimize, rectify, or reduce or
eliminate them must be replaced according to 20 -72 -14 -B -C
to 1.
8. Wetlands on cultivated fields. If the wetland is located on
a cultivated field, replacement must be accomplished
through restoration without regard to the priority order in
20-72-14-B-1. A wetland drained or filled under this
provision must not be converted to nonagricultural land for
ten years. The wetland landowner must execute and
record a notice of this requirement in the office of the
county recorder for Wright County.
9. Calcareous fens. Calcareous fens, as identified by the
commissioner, may not be filled, drained, or otherwise
degraded, wholly or partially, by any action, unless the
commissioner, under an approved management plan,
decides some alteration is necessary, as provided in this
chapter.
Replacement Plan Components:
On an application form provided by the City of Otsego and with
needed attachments supplied by the applicant, the following
documentation must be provided, except that for replacement
plans utilizing the wetland bank in 20-72-15, items 2 and 4 do not
apply; instead the applicant shall submit the credit transfer form
prescribed in 20 -72 -15 -E -2-e:
1. Organizational information, including the following:
a. the post office address of the applicant;
b. for corporations,
corporation, any
partners, and joint
contact person;
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the principal officers of the
parent companies, owners,
venturers, and a designated
C. managing agents, subsidiaries, or consultants that
are or may be involved with the wetland draining or
filling project;
2. Either an affidavit confirming that the wetland values will
be replaced before or concurrent with the actual draining or
filling of a wetland or an irrevocable bank letter of credit to
guarantee the successful completion of the wetland value
replacement;
3. For the impacted wetland:
a. a recent aerial photograph or accurate map of the
impacted wetland area;
b. the location of the wetland, including the county,
watershed name or number, and public land survey
coordinate of approximate wetland center;
C. the size of the wetland, in acres or square feet;
d. the type of wetland using United States Fish and
Wildlife Service Circular No. 39 (1971 edition) and
National Wetland Inventory mapping conventions
(Cowardin et al., 1979);
e. a list of the dominant vegetation in the impacted
wetland area, including common names of the
vegetation exceeding 20 percent coverage and an
estimate of coverage, for example, 50 percent
willow, 20 percent cattails, and 30 percent sedge;
f. a soils map of the site showing soil type and
substrate, where available;
g. the size of the watershed that drains surface water
into the wetland as determined from a United States
Government Survey topographical map or other
suitable topographical survey;
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h. the locations of any surface inlets or outlets, natural
or otherwise, draining into or out of the wetlands,
and if the wetland is within the floodplain of a
stream, river, or other watercourse, the distance and
direction to the watercourse;
L a map, photograph, or written description of the land
use of the immediate watershed within one mile of
the impacted wetland. The surrounding land use
information shall also indicate the presence and
location, if any, of wetland preservation regions and
areas, wetland development avoidance regions and
areas, and wetland deficient regions and areas as
identified in the comprehensive water plan;
j. the nature of the proposed project, its areal extent,
and the impact on the wetland must be shown in
sufficient detail to allow the City of Otsego to
determine the amount and types of wetland to be
impacted and to demonstrate compliance with the
replacement sequencing criteria in 20-72-14-B if
applicable;
k. evidence of ownership or rights to the affected
areas, including a legal description. When two or
more wetland landowners are involved, including
both the impact site and the proposed replacement
site, a contract or other evidence of agreement
signed by all wetland landowners and notarized must
be included with the replacement plan. The contract
or agreement must contain an acknowledgement of
the covenant provisions in item 20 -72 -14 -C -4-f by
landowners on which a replacement wetland is
proposed and the location and acreage of
replacement wetlands. The contract becomes
binding upon final approval of the replacement plan;
I. a list of all other local, state, and federal permits and
approvals required for the activity; and
M. other information considered necessary by the City
of Otsego for evaluation of the activity;
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4. For the replacement wetland item 20-72-14-C-3, subitems
a. to i. and k. to m., and:
a. an explanation of the size and type of wetland that
will result from successful completion of the
replacement plan;
b. scale drawings showing plan and profile views of the
replacement wetland and fixed photo -reference
points for monitoring purposes. Photo -reference
points should include views of any control structures
and enough additional points to adequately depict
the entire project;
C. how the replacement wetland shall be constructed,
for example, excavation or restoration by blocking an
existing tile; the type, size, and specifications of
outlet structures; elevations, relative to Mean Sea
Level or established bench mark, of key features, for
example, sill, emergency overflow, and structure
height; and best management practices that will be
implemented to prevent erosion or site degradation;
d. for created wetlands only, additional soils
information sufficient to determine the capability of
the site to produce and maintain wetland
characteristics;
e. a timetable that clearly states how and when
implementation of the replacement plan shall
proceed, and when construction of the replacement
wetland shall be finalized;
f. a notice in a form provided by the board attached to
and recorded with the deed for lands containing a
replacement wetland, specifying the following:
(i) the location of the replacement wetland;
(ii) that the wetland is subject to the act;
(iii) that the fee title owner is responsible for the
costs of repairs or reconstruction, if
necessary, or for replacement costs;
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(iv) that reasonable access to the replacement
wetland shall be granted to the proper
authorities for inspection, monitoring, and
enforcement purposes;
(v) that costs of title review and document
recording is the responsibility of the fee title
owner; and
(vi) that the City of Otsego or board can require
necessary repairs or reconstruction work to
return the wetland to the specifications of the
approved replacement plan and require
reimbursement of reasonable costs from the
wetland owner, or can require replacement of
the wetland according to the act;
g. a statement that the replacement wetland was not
previously restored or created under a prior approved
replacement plan;
h. a statement that the replacement wetland was not
drained or filled under an exemption during the
previous ten years;
L a statement that the replacement wetland was not
restored with financial assistance from public
conservation programs;
j. a statement that the replacement wetland was not
restored using private funds other than those of the
landowner unless the funds are paid back with
interest to the individual or organization that funded
the restoration and the individual or organization
notifies the City of Otsego in writing that the
restored wetland may be considered for replacement;
k. a plan for monitoring the success of the replacement
plan in meeting the project goal 20-72-16-D-1, and
as specified in this chapter; and
I. other information considered necessary for
evaluation of the project by the City of Otsego.
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5. The applicant must provide information known to the
applicant or readily available concerning the special
considerations criteria in 20-72-14-0-9.
D. Replacement Plan Evaluation Criteria:
1. Sequencing. Prior to the City of Otsego considering or
approving a replacement plan, the applicant must have
exhausted all possibilities to avoid and minimize adverse
wetland impacts according to sequencing in 20-72-14-B.
The applicant must demonstrate to the City of Otsego that
the replacement plan complies with this part and part 20-
72-14-E.
2. Type of replacement. The order of preference for the
method of replacement, from most preferred to least
preferred, is project -specific restoration, project -specific
creation, then wetland banking. Modification or conversion
of nondegraded wetlands from one wetland type to
another, for example by impoundment of additional water,
does not constitute adequate replacement.
Wetlands drained or filled under an exemption may not be
restored for replacement credit for ten years after draining
or filling.
3. Timing of replacement. Replacement of wetland values
must be completed before or concurrent with the actual
draining or filling of a wetland, unless an irrevocable bank
letter of credit is submitted to the City of Otsego to
guarantee successful completion of the replacement. All
wetlands to be restored or created for replacement must be
designated for replacement before restoration or creation.
Submission to the City of Otsego of the information
required in part 20-72-14-C and subsequent approval shall
be considered evidence of designation for replacement,
provided the information is submitted before the actual
wetland restoration or wetland creation.
4. Location of replacement wetlands. Replacement wetlands
must be located within the same watershed or county as
the impacted wetlands.
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5. Statewide replacement for public transportation projects.
Wetlands impacted by public transportation projects may be
replaced statewide, provided they are approved by the
commissioner under an established wetland banking system
or under this chapter.
6. Size of replacement wetlands. Replacement wetlands must
be of a size sufficient to ensure that they provide equal or
greater public value than the wetland that was drained or
filled. For a wetland located on nonagricultural land, the
minimum size of the replacement wetland must be in the
ratio of two acres of replaced wetland for each acre of
drained or filled wetland. For a wetland located on
agricultural land, the minimum size of the replacement
wetland must be in the ratio of one acre of replaced
wetland for each acre of drained or filled wetland. The
actual replacement ratios required for a replacement
wetland may be more than the minimum, subject to the
evaluation of wetland functions and values. A review by
the City of Otsego will determine the actual required
replacement ratios. Future wetland owners may make no
use of the wetland after it is altered, other than as
agricultural land for a period of ten years unless future
replacement to achieve a 2:1 ratio occurs. The wetland
landowner shall record a notice of this restriction in the
office of the Wright County recorder.
7. Carbon balance. When it is necessary to replace a drained
or filled peatland, the replacement wetland must be
revegetated with planted or naturally invading vegetation
established within three growing seasons.
8. Ecological consistency. Restoration and replacement of
wetlands must be accomplished according to the ecology
of the landscape area affected. A replacement plan that
would result in wetlands or wetland characteristics that do
not naturally occur in the landscape area in which the
replacement will occur will not be approved.
9. Special considerations. The factors in items a. to i., when
identified as being applicable to an impact site or a
replacement site, will be considered by the City of Otsego
in the review of replacement plans.
45
a. Federal or state -listed endangered species. A
replacement plan for activities that involve sites
where federal or state -listed endangered species are
known to be present will not be approved if it is
determined that the proposed wetland activities will
constitute a taking of those listed species under
Minnesota Statutes, section 84.0895. Limited
information on the presence of listed species at a
particular site is available from the department's
natural heritage program. Wetland activities that
involve taking listed species are subject to Minnesota
Statutes, section 84.0895.
b. Rare natural communities. A replacement plan for
wetland activities that involve the modification of a
rare natural community as determined by the
department's natural heritage program will not be
approved if the City of Otsego determines that the
proposed wetland activities will permanently
adversely affect the natural community.
C. Special fish and wildlife resources. A replacement
plan for wetland activities that would have a
significant adverse impact that cannot be mitigated
on a special or locally significant fish and wildlife
resource will not be approved. These wetland
activities include, but are not limited to:
(i) fish passage and spawning areas;
(ii) colonial waterbird nesting colonies;
(iii) migratory waterfowl concentration areas;
(iv) deer wintering areas; and/or
(v) wildlife travel corridors.
Wetland activities involving streams must not block
fish passage unless approved by the department.
d. Archaeological or historic sites. A replacement plan
for wetland activities that involve the modification of
known archaeological or historical sites on or eligible
for the National Register of Historic Places, as
designated by the state historic preservation officer,
will not be approved if the City of Otsego determines
that the proposed wetland activities will have a
significant adverse impact on the archaeological or
historical value of the site.
e. Groundwater sensitivity. A replacement plan for
wetland activities will not be approved if the City of
Otsego determines the wetland activities would have
a significant adverse impact on groundwater quality.
The publication "Criteria and Guidelines for
Assessing Geologic Sensitivity of Ground Water
Resources in Minnesota" (MDNR, 1991 ) may be
used as a guide in determining potential wetland
impacts.
f. Sensitive surface waters. A replacement plan will
not be approved if the City of Otsego determines the
wetland activities will have a significant adverse
impact on the water quality of outstanding resource
value waters or on trout waters designated by the
commissioner.
g. Education or research use. Wetlands known to be
used for educational or research purposes must be
maintained or adequately replaced.
h. Waste disposal sites. The City of Otsego will
evaluate the type and amount of waste material
found at the site. Wetland activities involving known
or potential hazardous wastes or contaminants must
be conducted according to applicable federal and
state standards.
L Consistency with other plans. The City of Otsego
will consider the extent to which proposed wetland
activities are consistent with other plans, such as
watershed management plans, land use plans,
zoning, and master plans.
10. Evaluation of wetland functions and values.
a. Evaluation options. Replacement wetlands must
replace the functions and values that are lost from a
wetland that is drained or filled. A replacement
wetland should replace the same combination of
functions and values provided by the impacted
47
wetland. The evaluation of wetlands shall be
performed in accordance with part 8420.540 of the
Board of Water and Soil Resources Wetland
Conservation Act Rules (August, 1993).
E. Wetland Replacement Standards:
1. General requirements. The standards and guidelines in this
part shall be used in wetland creation and restoration
efforts to ensure adequate replacement of wetland
functions and values.
2. Specific requirements. The standards in items a. to h. shall
be followed in all wetland replacements unless the technical
evaluation panel determines that a standard is clearly not
appropriate.
a. Water control structures must be constructed using
specifications provided in the Minnesota Wetland
Restoration Guide or their equivalent. Control
structures may be subject to the department dam
safety regulations.
b. Best management practices must be established and
maintained adjacent to the entire perimeter of all
replacement wetlands.
C. For replacement wetlands where the dominant
vegetation of the wetland type identified as the
replacement goal is not likely to recover naturally in
a five-year period, wooded and shrub wetlands
especially, the replacement wetland must be seeded
or planted with appropriate species, as determined
by the soil and water conservation district, in
coordination with the department. If the
replacement wetland is seeded or planted, the seed
or planting stock should be of local wetland origin to
preserve local genotypes. During the monitoring
period, the applicant must take reasonable steps to
prevent invasion by any species, for example,
purpose loosestrife and Eurasian water milfoil, that
would defeat the revegetation goal of the
replacement plan.
48
d. Erosion control measures as determined by the soil
and water conservation district must be employed
during construction and until permanent ground
cover is established to prevent siltation of the
replacement wetland or nearby water bodies.
e. For all restored wetlands where the original organic
substrate has been stripped away and for all created
wetlands, provisions must be made for providing an
organic substrate. When feasible, the organic soil
used for backfill should be taken from the drained or
filled wetland.
f. The bottom contours of created types 3, 4, and 5
wetlands shall be undulating, rather than flat, to
provide a variety of water depths.
g. Sideslopes of created wetlands and buffer strip must
not be steeper than 5:1, five feet horizontally for
every one foot vertically as averaged around the
wetland. Sideslopes of 10:1 to 15:1 are preferred.
h. Created wetlands shall have an irregular edge to
create points and bays.
F. Monitoring:
The purpose of wetland value replacement monitoring is to ensure
that the replacement wetland achieves the goal of replacing lost
functions and values.
G. Duration of Monitoring:
Monitoring shall be by means of an annual report as specified in
20-72-14-H and shall continue for five years following completion
of the wetland replacement project. Through written notification
to the applicant, the City of Otsego may extend the required
monitoring period for not more than an additional five-year period
if, at the end of the initial five-year period, the goal of the
replacement plan has not been achieved, but may be achieved
with more time.
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H. Monitoring Annual Report:
1. Purpose. The purpose of the annual report is to describe
actual wetland restoration or wetland creation activities
completed during the past year, wetland activities planned
for the upcoming year, and the information in 2. The
applicant shall submit the annual report to the City of
Otsego on a date determined by the City of Otsego until
the applicant has fulfilled all of the requirements of the City
of Otsego.
2. Report content. The annual report shall include the
following information and other site-specific information
identified by the City of Otsego:
(a) A description of the project location, size, current
wetland type (Cowardin classification), and desired
wetland type (goal);
(b) A comparison of the as -built specifications versus
the design specifications (first annual plan only) and
a rationale for significant changes;
(c) Hydrology measurements: seasonal water level
elevations during the period April through October
(msl or referenced to a known bench mark);
(d) A list of the dominant vegetation in the wetland,
including common names of the vegetation
exceeding 20 percent coverage and an estimate of
coverage, for example, 50 percent willow, 20
percent cattail, and 30 percent sedge; and
(e) Color photographs of the project area taken anytime
during the period June through August, referenced to
the fixed photo -reference points identified on the
wetland replacement plan and labeled accordingly.
I. Monitoring Determinations by the City of Otsego
The City of Otsego:
50
1. Will inspect the project when construction is complete and
certify compliance with construction specifications, and
may inspect the project at any time during the construction
and monitoring period, and any time after that to assess the
long-term viability of the replaced wetland. When the City
of Otsego certifies that the construction specifications have
been met, the City of Otsego will so advise the applicant
and return any bond or other security that the applicant had
provided;
2. May order corrective action at any time during the required
monitoring period if it determines that the goal of the
approved replacement plan will not be met, and may require
the applicant to prepare an amended wetland value
replacement plan for review and approval by the City of
Otsego which describes in detail the corrective measures to
be taken to achieve the goal of replacing lost wetland
functions and values;
3. Shall make a finding based on a site visit at the end of the
monitoring period as to whether the goal of the
replacement plan has been met. If the goal of the
replacement plan has not been met, the City of Otsego will
order corrective action and extend the monitoring period;
and
4. Will require one or more of the following actions if during
the monitoring period the City of Otsego finds that the goal
of the replacement plan will not be met:
(a) - Order the applicant to prepare and implement a new
replacement plan;
(b) Issue a cease and desist order on the draining and
filling activity if it has not been completed;
(c) Order restoration of the impacted wetland;
(d) Obtain forfeiture of a bond or other security and use
the proceeds to replace the lost wetland values;
(e) Ask the district court to order the applicant to fulfill
the replacement plan; or
51
r
(f) Other actions that the City of Otsego determines
necessary to achieve the goal of the replacement
plan.
20-72-15: STANDARDS AND CRITERIA FOR STATE WETLAND BANKING
Wetlands may be restored or created within the City of Otsego for purposes of deposit
in the wetland bank in accordance with Minnesota Rule, Parts 8420.0700 -
8420.0760. The City of Otsego is responsibile for approving bank plans, certifying
deposits, and monitoring of banked wetlands and enforcement under the rules.
20-72-16 CALCAREOUS FENS:
A. General. Calcareous fens may not be drained or filled or otherwise
altered or degraded except as provided for in a management plan
approved by the commissioner. No exemptions shall be granted
for any wetland drain or wetland fill activities which affect
calcareous fens.
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