HomeMy WebLinkAbout8A Wetland Consv Act
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
8A
JOEL RUTHERFORD, WATER RESOURCES COORDINATOR
CONSIDER RESOLUTION 94-01, ADOPTING THE PERMANENT
RULES FOR ADMINISTERING THE WETLAND CONSERVATION
ACT
JANUARY 18, 1994
The purpose of this Agenda item is to consider adopting the
"permanent rules", which are to be used to administer the Wetland
Conservation Act of 1991.
The City has been administering the Wetland Conservation Act
(WCA) using the "interim rules". These rules were developed by the
Minnesota Board of Soil and Water Resources to allow Local
Government Units (LGU) the ability to administer the WCA during
the interim, while the permanent rules were being developed. The
"permanent rules" are complete, and all LGU's must decide
whether to adopt these rules, or choose to have someone else
administer the WCA.
To administer the Wetland Conservation Act, the Minnesota Board
of Water and Resources was directed to develop rules. While the
"permanent rules" were being developed, LGU's, including the City
of Prior Lake, were using the "interim rules". The latest date for
which LGU's could use the interim rules was December 31, 1993.
For LGU's deciding not to adopt the "permanent rules", a
moratorium goes into effect which restricts any and all wetland
filling and draining. The moratorium can be ended upon an
agreement by the LGU that it will administer the WCA, using the
permanent rules.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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The "permanent rules" are similar in many ways to the "interim
rules". However, there are amendments that will require changes in
how the WCA will be administered. Some of the more significant
changes are as follows:
(1) Wetland replacement is now a minimum of 2:1, versus 1:1
under the "interim rules."
(2) "Banking" procedures are more complex. Individuals and
LGU's who wish to restore, and in certain cases create
wetlands, will be required to follow the procedures
established by the rules. These procedures require a deed
covenant be recorded which states the wetland was
restored or created for mitigation banking purposes.
Standards have been developed which determine the
"values" of the replacements. These "values" are then
used when "withdrawals" are made from the bank.
The bank has been established and administered by the
Board of Soil and Water Resources. Individuals, agencies,
or other groups who wish to "deposit" into the wetland bank
may find the procedures too cumbersome to invest the time
and resources required. Many of these procedures were
developed to protect any wetlands restored or created from
future filling and draining.
(3) Notices must now be published in the Environmental
Quality Board (EQB) Monitor, as well as the local
newspaper, when replacement plan applications have been
submitted. The rules allow LGU's to publish a "General
Notice", once a year, which applies to all "small wetland
impacts" (see attached form). This notice will limit the
individual notices requiring publication in the EQB Monitor,
to only those with larger impacts. If Resolution 94-01 is
adopted, staff will publish this "General Notice".
It is estimated that the administering of the "permanent rules" will
require a significant amount of staff time. There is money available
from the state to help pay for this administration. Staff is working
with the agencies involved, to collect these funds. The total dollar
amount available is not intended to cover all the costs, but it may
cover as much as 50%. It has been suggested that more money will
be available for next year.
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The law was intended to restrict filling and draining of wetlands,
achieveing "no net loss", replacing lost wetlands, and protecting
existing wetlands. The rules written for the Wetland Conservation
Act will cause developers to fill and drain only when absolutely
necessary. When wetlands cannot be avoided, costs to fill (or
drain), and replace will be higher than what they were in the past.
The City has few options. If the Council elects to not adopt these
rules, a moratorium goes into place which prohibits all draining and
filling. The City may have the option of entering into a cooperative
agreement with the county, or the City could hire a consultant to
administer these rules. Staff feels the City should administer these
rules, using existing staff. Existing City Codes have already been
amended which require individuals to comply with the Wetland
Conservation Act.
ALTERNATIVES:
The alternatives are as follows:
1. Adopt Resolution 94-01.
2. Do not adopt Resolution 94-01.
3. Table this item for additional information.
RECOMMENDATION: Staff would recommend the City adopt resolution 94-01.
ACTION REQUIRED: A motion to adopt resolution 94-01.
JRAG7A.WRT
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T "__. ."~""_._-.
RESOLUTION 94-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PRIOR LAKE
FOR ADOPTING THE PERMANENT RULES OF THE
WETLAND CONSERVATION ACT
MOTION BY: SECONDED BY:
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units
(LGUs) implement this law by adopting the rules and regulations promulgated by the
Board of Water and Soil Resources (BWSR) pertaining to wetland draining and filling;
and
WHEREAS, the BWSR is requesting LGUs adopting the penn anent rules of the WCA notify them of
the LGU decision regarding adoption; and
WHEREAS, the LGU is responsible for making WCA detenninations for landowners; and
WHEREAS, the City of Prior Lake previously assumed responsibilities of the LGU for wetland
alterations within the City of Prior Lake under the interim rules.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE,
MINNESOTA, that it hereby accepts the responsibility as the LGU for the WCA within the legal
boundaries of Prior Lake as of January 19, 1994, within the guidelines as set forth by the WCA and rules.
Passed and adopted this 18 th day of January, 1994.
Yes
No
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
WETLAND CONSERVATION ACT
EQB MONITOR GENERAL NOTICE
FOR SMALL WETLAND IMPACTS
Local Government Unit
Date
LGU Official
Area Code, Telephone
Address ( Street, Box Number, Etc.)
City
State
Zip Code
The (Name of LGU) during the year (year) hereby provides notice that it will
not be publishing individual notice for small wetland impacts in the
Environmental Quality Board Monitor. Small wetland impacts include all
projects 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 fill.
Persons interested in receIvmg' mailed notice of each project within the
jurisdiction of the above mentioned LGU can be put on a mailing list by
contacting the LGU at the address listed above.
Authorized LGU Official
Date
send to:
EQB Monitor
Room 300, Centennial Office Bldg.
658 Cedar Street
Sl Paul, MN 55155
phone: (612) 296-8253
FAX: (612) 296-3698
(publication dales art every other Monday with one week lead time)
a:cqbsmnot.for (BwsR/JJ lO/'2JJ/93)
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