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HomeMy WebLinkAbout5L Bog Policy Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 24, 2017 AGENDA #: 5L PREPARED BY: PRESENTED BY: PETE YOUNG, WATER RESOURCES ENGINEER PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A BOG POLICY DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a City bog policy (Attachment 1). A bog policy is needed to clarify the responsibility for removal or relocation of a floating or grounded bogs that create a nuisance or hazard situa- tion. Spring Lake Township and the Prior Lake-Spring Lake Watershed District recently passed equivalent bog policies. History Floating cattail bogs have, from time to time, broken free from the shoreline of Spring Lake, posed navigational hazards to boaters, and threatened to affect flow through the Spring Lake channel that eventually discharges to Prior Lake. Bogs fall into one of two categories: floating or grounded. Floating bogs may pose a navigational hazard, in which case the Scott County Sheriff’s Office has historically relocated bogs and reattached them to the natural bogs generally located on the east side of Spring Lake. Grounded bogs are bogs that have be- come lodged on the lake bottom and no longer pose a navigational hazard. Grounded bogs, because they are located below a lake’s Ordinary High Water (OHW) elevation, fall under the jurisdiction of the Minnesota Department of Nat- ural Resources (DNR). A DNR Aquatic Plant Management (APM) permit is re- quired before relocating or removing grounded bogs. Information about the DNR’s bog policy is included as Attachment 4. The City has assisted with the removal of two small grounded bogs along Spring Lake in recent years. In both cases, the bogs were considered grounded be- cause they were lodged on the lake bottom in front of private residences and Scott County Sheriff’s Office no longer considered them navigational hazards. Due to the lack of a consistent policy between state and local government agen- cies, the responsibility for these grounded bogs was not clear. The residents approached the City and our maintenance crews ultimately removed the bog material after obtaining the requisite DNR permits. Additional small bogs were reported 2016 but none were removed due to their transient nature. City staff was in the process of assisting a resident with obtain- ing a DNR permit to perform their own bog removal but a windy day resulted in the relocation of the bog to an unknown location. Another grounded bog was discovered grounded in front of a small City-owned lot and was staked to the lake bottom to prevent it from moving; eventually this material was also relo- cated, likely due to wind or wave action, to an unknown location. 2 Current Circumstances Staff representing the City of Prior Lake, Spring Lake Township, the Prior Lake- Spring Lake Watershed District formed a task force to review existing bog policy at the state level and to develop a local policy that clearly outlines the responsi- bility for, and the reaction to, floating and grounded bogs. Representatives of the Scott County Sheriff’s Office and the Department of Natural Resources were also consulted during policy development. Conclusion Floating or grounded bogs occur regularly and a policy is needed to provide res- idents and government agencies with a simple and consistent plan of action that will be implemented after a bog is reported. The policy is consistent with existing state and local regulations and provides residents options for dealing with bogs. ISSUES: The policy presented here was recently adopted by Spring Lake Township and the PLSLWD (Attachments 2 and 3). So with adoption by the city council, the three entities will have consistent policies to follow and communicate to the pub- lic. FINANCIAL IMPACT: . As a public property owner under the policy, the City would determine what action to take, if any, upon bog discovery on City property. Bogs are a seemingly random occurrence so related expenditures cannot be anticipated in the budget. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve a Resolution Approving the Bog Policy. Motion and second to remove this item from the consent agenda for further discussion. RECOMMENDED MOTION: A motion and a second for approval of Alternative #1. ATTACHMENTS: 1. Proposed City Bog Policy 2. Township Bog Policy (adopted 4/13/2017) 3. PLSLWD Bog Policy (adopted 3/14/2017) 4. DNR bog policy information 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-_____ A RESOLUTION APPROVING A BOG POLICY Motion By: Second By: WHEREAS, Floating bogs may constitute a navigational hazard, as determined by the Scott County Sheriff’s Office; and WHEREAS, Floating bogs may become grounded and affect public or private shoreline property or the natural flow of water; and WHEREAS, The Minnesota Department of Natural Resources advises that aquatic plants typically found on bogs, such as cattail, provide important environmental benefits; and WHEREAS, The Minnesota Department of Natural Resources has jurisdiction below the Ordinary High Water elevation of lakes and requires an Aquatic Plant Management Permit to remove or relocate grounded bogs; and WHEREAS, Spring Lake Township and the Prior Lake-Spring Lake Watershed District have passed equivalent Bog Policies in compliance with all applicable state and local requirements. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Bog Policy for the City of Prior Lake dated April 24, 2017 is hereby approved. PASSED AND ADOPTED THIS 24TH DAY OF APRIL, 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager City of Prior Lake Bog Policy 1 BOG POLICY Adopted April 24, 2017 SUMMARY/PURPOSE The purpose of this Policy is to clarify responsibility for removal of a floating or grounded bog that creates a nuisance or hazard situation. This policy supersedes any and all previously written or unwritten policies of the City regarding bogs. The Public Works Department will review this policy periodically and will amend it as appropriate. MINNESOTA DEPARTMENT OF NATURAL RESOURCES POLICY REFERENCE The Minnesota Department of Natural Resources (DNR) advises that aquatic plants such as cattail, bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, and provide other environmental benefits. Water plants are the primary producers in the aquatic food chain and convert basic chemical nutrients in the water and soil into plant matter. This becomes food for other life. The DNR encourages the use of aquatic vegetation to achieve these environmental benefits. FLOATING BOGS When aquatic plants, such as cattail bogs, become dislodged from the shoreline, they can become a navigational hazard, cause property damage if they collide with docks, or create the potential for flooding if they settle in an area that impedes existing drainage areas. Scott County’s Responsibility The Scott County Sheriff’s Office is responsible for determining whether or not a floating bog presents a navigational hazard and how to address the floating bog. If the Sheriff determines it is a navigational hazard, the Sheriff will relocate the bog. If it is believed that a floating bog may be posing a navigational hazard, contact the Scott County Sheriff’s Office at 952-496-8300. DNR’s Responsibility State law provides that the DNR is responsible for the following: • Provide advice and permitting approval on bog disposition. • Obtain funds from the state agency involved when a floating bog has become lodged on the shoreline of state-owned lands. • Remove any floating bogs lodged on state-owned dams or other DNR property. The law further states that if a floating bog becomes grounded and “there is no evidence to identify the responsible party or parties, the local government must assume responsibility.” City of Prior Lake Bog Policy 2 Public Property Owner’s Responsibility Floating bogs that have become grounded on public property, including the Spring Lake weir which is owned by Scott County, are the responsibility of the owner of the public property. The property owner will determine what action to take, if any. The property owner is under no obligation to remove the bog unless the bog is blocking water flow and causing flooding. Spring Lake Township, the City of Prior Lake, and the Prior Lake-Spring Lake Watershed District will not dispose of or remove bogs on public property. Private Property Owner’s Responsibility When a floating bog has broken free from the shoreline by natural causes and becomes grounded elsewhere on private property, including within the Spring Lake channel, the property owner where the bog becomes grounded has several options to address the situation, including: 1. Let it be. Bogs provide multiple environmental benefits. They reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, act as filters that protect water quality, and provide other environmental benefits. 2. Obtain a permit, and remove the bog material. Removing floating bog material that is free-floating or lodged in any area other than its place of origin requires a DNR Aquatic Plant Management (APM) permit issued through the DNR Regional Fisheries Office where your shoreline property is located. Minnesota Rules Chapter 6280 describes permit requirements relating to the removal of aquatic vegetation. There is no fee for the permit. DNR policy also includes providing advice on bog disposition if requested. Generally, bogs can be broken into smaller pieces and taken to a compost facility, such as the Shakopee Mdewakanton Sioux Community’s Organics Recycling Facility (www.smscorf.com/services). It is illegal to tow a bog from one property to another and doing so is punishable by law. Contact DNR for APM program and permit information: www.dnr.state.mn.us/apm/index.html 3. Obtain a permit (as outlined in 2. above) and hire an outside firm to remove the bog material. The Prior Lake-Spring Lake Watershed District maintains a list of potential service providers. Visit www.plslwd.org for more information. Spring Lake Township, Scott County, MN Floating Bog Policy Policy Number: W-17-001 Purpose of Policy: The intent of this policy is to clarify responsibility for removal of a floating or grounded bog that creates a nuisance or a hazard situation. Policy: The Minnesota Department of Natural Resources (MDNR) advises that aquatic plants such as cattail, bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, and provide other environmental benefits. Water plants are the primary producers in the aquatic food chain and convert basic chemical nutrients in the water and soil into plant matter. This becomes food for other life. The MDNR encourages the use of aquatic vegetation to achieve these environmental benefits. FLOATING BOGS When aquatic plants, such as cattail bogs, become dislodged from the shoreline, they can become a navigational hazard, cause property damage if they collide with docks, or create the potential for flooding if they settle in an area that impedes existing drainage areas. Scott County’s Responsibility The Scott County Sheriff’s Office is responsible for determining whether or not a floating bog presents a navigational hazard and how to address the floating bog. If the Sheriff determines it is a navigational hazard, the Sheriff will relocate the bog. If it is believed that a floating bog may be posing a navigational hazard, the Scott County Sheriff’s office at (952) 496-8300 should be called. DNR’s Responsibility State law provides that the Minnesota Department of Natural Resources is responsible for the following: • Provide advice and permitting approval on bog disposition. • Obtain funds from the state agency involved when a floating bog has become lodged on the shoreline of state-owned lands. • Remove any floating bogs lodged on state -owned dams or other DNR property. The law further states that if a floating bog becomes grounded and “there is no evidence to identify the responsible party or parties, the local government must assume responsibility.” Public Property Owner’s Responsibility Floating bogs that have become grounded on public property, including the Spring Lake weir which is owned by Scott County, are the responsibility of the owner of the public property. The property owner will determine what action to take, if any. The property owner is under no obligation to remove the bog unless the bog is blocking water flow and causing flooding. Spring Lake Township, the City of Prior Lake and the Prior Lake-Spring Lake Watershed District will not dispose of or remove bogs on public property. Private Property Owner’s Responsibility When a floating bog has broken free from the shoreline by natural causes and becomes grounded elsewhere on private property, including within the Spring Lake channel, the property owner where the bog becomes grounded has several options to address the situation. 1. Let it be. Bogs provide multiple environmental benefits. They reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, act as filters that protect water quality, and provide other environmental benefits. 2. Obtain a permit, and remove the bog material. Removing floating bog material that is free-floating or lodged in any area other than its place of origin requires a DNR Aquatic Plant management permit issued through the DNR Regional Fisheries Office where your shoreline property is located. Minnesota Rules-Chapter 6280 describes permit requirements relating to the removal of aquatic vegetation. There is no fee for the permit. DNR policy also includes providing advice on bog disposition if requested. Generally, bogs can be broken into smaller pieces and taken to a compost facility, such as the Shakopee Mdewakanton Sioux Community’s Organics Recycling Facility (smscorf.com/services). It is illegal to tow a bog from one property to another and doing so is punishable by law. Contact for Aquatic Plant Management (APM) Permit: APM specialist website http://www.dnr.state.mn.us/apm/index.html 3. Obtain a permit (as outlined in 2. above) and hire an outside firm to remove the bog material. The Prior Lake Spring Lake Watershed District maintains a list of potential serivce providers. Adopted this ______ day of ______________________, 2017. BY THE TOWN BOARD ________________________________ Glenn Kelley, Town Board Chair ATTEST ______________________________ Kathy Nielsen, Town Clerk 1 Floating Bog Policy FINAL 03/14/17 The intent of this policy is to clarify responsibility for removal of a floating or grounded bog that creates a nuisance or a hazard situation. The Minnesota Department of Natural Resources (MDNR) advises that aquatic plants such as cattail, bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, and provide other environmental benefits. Water plants are the primary producers in the aquatic food chain and convert basic chemical nutrients in the water and soil into plant matter. This becomes food for other life. The MDNR encourages the use of aquatic vegetation to achieve these environmental benefits. FLOATING BOGS When aquatic plants, such as cattail bogs, become dislodged from the shoreline, they can become a navigational hazard, cause property damage if they collide with docks, or create the potential for flooding if they settle in an area that impedes existing drainage areas. Scott County’s Responsibility The Scott County Sheriff’s Office is responsible for determining whether or not a floating bog presents a navigational hazard and how to address the floating bog. If the Sheriff determines it is a navigational hazard, the Sheriff will relocate the bog. If it is believed that a floating bog may be posing a navigational hazard, the Scott County Sheriff’s office at (952) 496-8300 should be called. DNR’s Responsibility State law provides that the Minnesota Department of Natural Resources is responsible for the following: • Provide advice and permitting approval on bog disposition. • Obtain funds from the state agency involved when a floating bog has become lodged on the shoreline of state-owned lands. • Remove any floating bogs lodged on state -owned dams or other DNR property. The law further states that if a floating bog becomes grounded and “there is no evidence to identify the responsible party or parties, the local government must assume responsibility.” 2 Public Property Owner’s Responsibility Floating bogs that have become grounded on public property, including the Spring Lake weir which is owned by Scott County, are the responsibility of the owner of the public property. The property owner will determine what action to take, if any. The property owner is under no obligation to remove the bog unless the bog is blocking water flow and causing flooding. Spring Lake Township, the City of Prior Lake and the Prior Lake-Spring Lake Watershed District will not dispose of or remove bogs on public property. Private Property Owner’s Responsibility When a floating bog has broken free from the shoreline by natural causes and becomes grounded elsewhere on private property, including within the Spring Lake channel, the property owner where the bog becomes grounded has several options to address the situation. 1. Let it be. Bogs provide multiple environmental benefits. They reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, act as filters that protect water quality, and provide other environmental benefits. 2. Obtain a permit, and remove the bog material. Removing floating bog material that is free-floating or lodged in any area other than its place of origin requires a DNR Aquatic Plant management permit issued through the DNR Regional Fisheries Office where your shoreline property is located. Minnesota Rules-Chapter 6280 describes permit requirements relating to the removal of aquatic vegetation. There is no fee for the permit. DNR policy also includes providing advice on bog disposition if requested. Generally, bogs can be broken into smaller pieces and taken to a compost facility, such as the Shakopee Mdewakanton Sioux Community’s Organics Recycling Facility (smscorf.com/services). It is illegal to tow a bog from one property to another and doing so is punishable by law. Contact for Aquatic Plant Management (APM) Permit: APM specialist website http://www.dnr.state.mn.us/apm/index.html 3. Obtain a permit (as outlined in 2. above) and hire an outside firm to remove the bog material. The following is a list of potential firms that could help you remove your bog (the District does not endorse nor recommend these providers). Homeowners are encouraged to talk with the contractors about their specific needs: Wagner Sod Company 651-457-6037 TGC The Grounds Crew 952-283-0392 Minnesota DNR Policies Relating to Bogs and Aquatic Vegetation [source: http://www.dnr.state.mn.us/permits/water/answers.html] Floating bogs Who is responsible for removing a bog that floated across the lake and lodged on my shoreline? Is a DNR permit required to remove it? When a floating bog has broken free from the shoreline by natural causes, and becomes grounded elsewhere on private or public property, the property owner(s) where the bog becomes grounded are responsible for removing the bog if they so desire. If there is no evidence to identify the responsible party or parties, the local government must assume responsibility. The DNR responsibility is limited to the following: • Provide advice and approval on bog disposition. • Obtain funds from the state agency involved when a floating bog has become lodged on the shoreline of state-owned lands. • Remove any floating bogs lodged on state owned dams or other DNR property. NOTE: Removing floating bog material requires a DNR aquatic plant management permit issued through the DNR Regional Fisheries Office where your shoreline property is located. Minnesota Rules 6280 describes permit requirements relating to the removal of aquatic vegetation. See also Aquatic Vegetation. Aquatic vegetation Is a DNR permit required to remove aquatic vegetation? • Any control of emergent vegetation, such as cattails, and the use of pesticides in public waters does require a DNR aquatic plant management permit. Aquatic plants such as cattail, bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, and provide other environmental benefits. DNR aquatic plant management permits are issued through Aquatic Plant Management Permitting Staff. The rules governing the destruction of aquatic vegetation are found in Minnesota Rules - Chapter 6280. • For further information: o See the DNR Waters information sheet titled Shoreline Alterations: Lakescaping. o Contact your DNR Regional or Area Fisheries Office. o Explore A guide to aquatic plants: identification and management to learn the importance of aquatic vegetation to Minnesota lakes, get an easy-to-use picture key to some of the common aquatic plants, and find out about regulations and methods of control. o Get the DNR publication Lakescaping For Wildlife and Water Quality. This is an excellent source of information on the environmental benefits of aquatic vegetation. It is available at Minnesota's Bookstore.