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HomeMy WebLinkAboutItem 06.gFebruary 22, 2011 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve ordinance amending Title 9, Chapter 5 of the City Code. Adoption of this motion will result in an amended Ordinance that is consistent with the Minnesota Wetland Conservation Act, as amended in 2009. Overview The Wetland Conservation Act (WCA) was revised in 2009 by Board of Water and Soil Resources (BWSR). The WCA goal set by the Minnesota Legislature is for no -net -loss of wetlands. The WCA requires anyone proposing to drain, fill, or excavate a wetland first to try to avoid disturbing the wetland; second, to try to minimize any impact on the wetland; and, finally, to replace any lost wetland acres, functions, and values. Certain wetland activities are exempt from the act. The City of Lakeville is the local government unit (LGU) for the implementation of the WCA rules. The Minnesota Board of Water and Soil Resources administers the act statewide. Revisions to the WCA rules have modified how the LGU must notice and administer the WCA. The City's ordinance was first adopted November 15 1993 and has not been amended since. The amended ordinance updates the City ordinance to reflect the changes made to the WCA by the BWSR. The amended ordinance also simplifies the City of Lakeville's City Code to more clearly reflect how the City of Lakeville, as the LGU, implements the WCA. Primary Issues to Consider None Supporting Information • Redline of proposed changes. • Ordinance amending Title 9, Chapter 5 Mac Cafferty, ORDINANCE AMENDING TITLE 9, CHAPTER 5 OF THE LAKEVILLE CITY CODE CONCERNING THE WETLAND CONSERVATION ACT nmental Resources Manager Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIF, ERP, etc.): Notes: THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 9 Chapter 5 of the Lakeville City Code is amended to provide as follows: 9 -5 -1: PURPOSE: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 9, CHAPTER 5 OF THE LAKEVILLE CITY CODE CONCERNING THE WETLAND CONSERVATION ACT This chapter is adopted to implement the Wetland Conservation Act of 1991 (Minnesota Laws 1991, . as amended), the "Act" and the rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules, Chapter 8420, as amended, the "Rules ". 9 -5 -2: INCORPORATION BY REFERENCE: This chapter incorporates by reference the Act and the Rules. Terms used in this chapter which are defined in the Act or the Rules have the meanings given there. 9 -5 -3: SCOPE: This chapter regulates the drainage and filling of wetlands and parts of wetlands within the City. It is part of the official controls of the City. Conflicts with other official controls must be resolved in favor of providing the most wetland protection. 9 -5 -4: PROCEDURES: A. . Decision- making authority for WCA exemption, no -loss, wetland boundary and type, sequencing, replacement plan, and wetland banking applications is placed with the Environmental Resources Manager or their designee per Minnesota Rule 8420.0200, Subpart 2, Item C. B. Appeals: Decisions made by staff under this chapter may be appealed to the City Council. Appeals of City Council decisions can be made to the Board of Water and Soil Resources. 156075v01 RNK :02/04/2011 1 SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2011 by the City Council of the City of Lakeville, Minnesota. ATTEST: Charlene Friedges, City Clerk 156075v01 RNK:02 /0412011 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 9 Chapter 5 of the Lakeville City Code is amended to provide as follows: 9 -5 -1: PURPOSE: This chapter is adopted to implement the Wetland Conservation Act of 1.991 (Minnesota Laws 1991, - , as amended), the "Act" and the .. : rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules, Chapter 8420, as amended, the "Rules ". 9 -5 -2: INCORPORATION BY REFERENCE: This chapter incorporates by reference the .fact and the Rrules. Terms used in this chapter which are defined in the Act or the Rules have the meanings given there. 9 -5 -3: SCOPE: 9 -5 -4: PROCEDURES: AN ORDINANCE AMENDING TITLE 9, CHAPTER 5 OF THE LAKEVILLE CITY CODE CONCERNING THE WETLAND CONSERVATION ACT This chapter regulates the drainage and filling of wetlands and parts of wetlands within the City. It is part of the official controls of the City. Conflicts with other official controls must be resolved in favor of providing the most wetland protection. ptions and no 1 made by the zoning administrator. (Ord. 69°, sec. 2, 12 17 2001) 156075vO1 RNK:02 /04 /2011 1 G. Decision - making authority for WCA exemption, no -loss, wetland boundary and type, sequencing, replacement plan, and wetland banking applications is placed with the Environmental Resources Manager or their designee per Minnesota - . ' • Rules 8420.0200, Subpart 2, Item C. B. Appeals: Decisions made by staff under this chapter may be appealed to the City Council. Appeals of City Council decisions can be made to the bBoard of Wwater and Ssoil. rights-und- technical technical evaluation panel -Th the technical evaluation panel in making replacement plan decisions. (Ord. 698, see . 3, 12 17 2001) 9 5 5: HIGH PRIORITY AREAS: watt 11 15 1993, eff. 1 1 1994) 9 5 6: DELEGATIQI- 156075v01 RNK:02 /04 /2011 2 replacement plan monitoring erity to administer all or any part of this chapter. (Ord. 51.5, sec.