01-12-1996•
TO: PEGGY REICHERT, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
cc. Tom Hedges
Ken Vraa
TOM COLBERT, DIRECTOR
DEPARTMENT OF PUBLIC WORKS
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR
DEPARTMENT OF PARKS AND RECREATION
RE: COMMENTS ON PROPOSED WETLAND BUFFER ORDINANCE
DATE: JANUARY 12, 1996
As you may know, the Advisory Parks, Recreation, and Natural
Resources Commission has requested and received approval from the
City Council to proceed with development of a wetland buffer
ordinance. Staff has drafted a "skeletal" buffer ordinance that
deals with some of the major policy issues in such an ordinance,
and the Natural Resources Subcommittee of the Commission has
reviewed the draft and made several changes. Before sending the
draft to the City Attorney's office to develop the ordinance
framework, I wanted to forward a copy to you and ask for your
comments and guidance. While I would appreciate any comments you
have, I'd particularly like comments on the following:
Is it advisable to have a variance provision and if so,
is it not a good idea to establish guidelines within the
ordinance that help staff and /or the City Council decide
when the variance should be allowable?
Under what conditions, if any, should the ordinance allow
alteration activity within the buffer if the vegetation
is restored to a natural condition?
Should we incorporate any setback provisions for
buildings and /or other structures in order to minimize
the potential for future problems with encroachment?
Is there anything else we should consider to make this
ordinance understandable and enforceable? Where should
the responsibility for establishment and enforcement of
buffers lie within City government?
If you could call me with comments by Monday January 22, I would
appreciate it. If you think it would be a good idea to meet to
discuss the issues, let me know and I'll be glad to set one up.
Than for your input.
/ L / \ /
Rich Brasch
Water Resources Coordinator
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City of Eagan
An Ordinance Relating to Establishment and Protection
of Buffer Strips for Wetlands
I. PURPOSE
Wetlands help maintain water quality, reduce flooding and
erosion, act as sources of food and habitat for a variety of
fish and wildlife, and are an integral part of the community's
natural landscape. Wetlands provide the aesthetic benefits of
open space and can be used to provide a natural separation of
land uses. It is the intent of this article to provide for
the establishment and protection of upland buffer strips
adjacent to certain types of wetlands in order to complement
city and state regulations aimed at the preservation and
conservation of wetlands and their attendant functions and
values.
II. DEFINITIONS
(Novcmbcr 17, 1995 Draft)
(January 12, 1996 Draft)
A. Buffer strip means an area of non - disturbed ground cover
abutting a wetland left undisturbed to filter sediment,
materials, and chemicals.
B. Class A Wetlands means wetland types 3, 4, 5, 6, 7, and
8. In case of wetlands adjoining a state protected
water, this class shall also include type 1 and 2
wetlands.
C. Class B Wetlands means type 1 and 2 wetlands not
adjoining a state protected water.
D. Natural, un- maintained vegetation means vegetation that
exists prior to alteration of the site for development
purposes and that is not cut, mowed, or removed.
E. Vegetation, Native Native vegetation is the pre -
settlement group of plant species native to the North
American Continent which were not introduced as a result
of European settlement.
E. Wetland Types means classifications of wetlands defined
in U.S. Department of Interior, Fish and Wildlife
Service, Circular 39, "Wetlands of the U.S., 1956 ".
F. Wetlands means 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 definition, wetlands must have the
following three attributes:
a. have a predominance of hydric soils
b. are inundated or saturated by surface or
ground water at a frequency and duration
sufficient to support a prevalence of
hydrophytic vegetation typically adapted for
life in saturated soil conditions; and
c. under normal circumstances
prevalence of such vegetation.
III. WETLAND BUFFER STRIPS AND SETBACKS
For lots created after , 199_ (date of ordinance
adoption), a buffer strip shall be maintained abutting all
wetlands as described below. Buffer strip vegetation shall be
preserved or established and maintained in accordance with the
following requirements. Plant species shall be selected from
wetland and upland plants to provide habitat for various
species of wildlife. Buffer strips shall be identified by
permanent monumentation acceptable to the City. In
residential subdivisions,�a monument is required for each lot.
In other situations, a monument is required for each 300 feet
of wetland edge. The buffer strips and structure setbacks
shall meet the following standards:
Wetland Class
Buffer strip width
(range) (minimum)
]Suffer Strip minimum
average width
Principle Ctructurc
Cctback
Class A Class B
10 :0 ft. 4-44 ft.
50 30
30 ft.
40 ft.
Mca3urcd from
thc out3idc
cdgc of thc
buffer strip
support a
10 ft.
20 ft.
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The dimcnoiono of thc buffer otrip3 may bc adju3tcd by thc
City baocd upon thc quality of thc wetland, local topographic
conditions, and thc type and dc3ign of thc development being
prepeeed The table above provides minimum and maximum
dimensions for the buffer strip as measured from the
delineated wetland edge. The use of a meandering buffer strip
to maintain a natural appearance is encouraged. On Single
family oubdivi3ion3, thc applicant must dcmonotratc that each
lot providc3 oufficicnt arca to accommodate thc applicable
front yard 3ctback, a GO' x GO' dccp building pad, and a
thirty (30) foot rear yard arca. All of three cicmcnt3 mu3t
bc provided out3idc thc dc3ignatcd wetland and buffer Strip
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IV. BUFFER RESTRICTIONS
The following restrictions and requirements apply to
activities within designated buffer areas:
1. Grading within the designated buffer areas is gcncrally
prohibited. Exccptiono can be madc if thc grading io
a000ciatcd with prcparation of thc buffcr otrip to change
thc compooition of vegetation within thc buffcr otrip
from predominantly non nativc to cntircly nativc.
2. To provide access to the shoreline, the City shall allow
the owner or occupant of each shoreline lot to clear a
path to the waters edge. The width of the path must not
exceed 10% of the shoreline length of the property or 10
feet, whichever is more.
V. IIARDBIIIP /VARIANCEC (Should we have a hardohip /variance