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Many developers have found the ar-
<br /> rangement confusing."You don't nent,not a temporary,permit.Al-' '
<br /> know if it's going to be the Corps of though things were finally resolved, .
<br /> When the Corps of Engineers stallo4
<br /> Engineers,the DNR,ford the water- the process left Utecht angry about on the permit,the city went ahead
<br /> shed district,"said James Schilling,a what he says is government incompe- with the work anyway.The Corps of
<br /> Forest Lake developer who's often tence."We went to pull a building Engineers then issued a cease and
<br /> clashed with the agencies over permit and this was dropped on us." • desist order.No decision has been '
<br /> wetlands. j made yet on whether to issue the
<br /> Another complaint is that many . ; permit after the fact,or take punitive
<br /> What's created even more controver- farmed-over wetlands are of such action against the city.
<br /> sy is a federal procedure that grants poor quality that they don't deserve
<br /> blanket approval to most projects protection.There are two classifica- Many developers complain that the..
<br /> that fill less than an acre of wetlands, tion systems for wetlands in Minne- stricter wetland laws have drastically
<br /> and requires no mitigation for de- soca identifying at least eight wet- undercut property values.Ed Engler,
<br /> stroyed wetlands.The streamlined lands types.Some often lack standing of Towle Real Estate is trying to sell a '
<br /> procedure is designed to remove red water.Many already have been de- 2.2-acre parcel in Crystal in which
<br /> tape that might entangle small devel- graded by farming and road-building. half the land is wetlands. Engler said
<br /> opments.But critics have dubbed it observing he hopes he can lure a fast-food res-
<br /> the"1-acre-giveaway."Ted Rock- "What I'mg in the hundreds taurant to the site.
<br /> well,director of Minnesota opera- of wetlands I've seen over the years is
<br /> tions for the U.S.Environmental that the quality has deteriorated sub- But the property.despite being zoned
<br /> Protection Agency,said,"I don't un- stantially,"said Franklin Svoboda,a neighborhood commercial,may only
<br /> derstand how you can have a goal of wetlands consultant and wildlife biol- fetch 51.10 a square foot,far less
<br /> `no net loss'and at the same time ogist in the Twin Cities area. than the 53 to 54 it would bring ,,
<br /> have this hole in the program." without wetlands,said Engler. Ironi-
<br /> Indeed,many wetlands simply don't cally,the first call Engler said he
<br /> The DNR and the Minnesota Pollu- look the part,which can add to the received about the property was from I
<br /> tion Control Agency(MPCA),in a confusion for developers who don't a man who wanted to get rid of some
<br /> letter to the Corps of Engineers last know how to spot them. In Blaine, fill by dumping it on the wetland.
<br /> year,charged that the procedure"un- for example,three different experts
<br /> all looked at the same wetland and Suburbs get involved
<br /> federalerriidirectivesnes our stato
<br /> directiveompland the came away with three different esti- As a new sesitivity toward wetlands
<br /> no-net-loss policy." comply withha mates of how bigit was. emerges. many Twin Cities suburbs,
<br /> Recently,the
<br /> Corps of Engineers has tentatively have begun to pay more attention to,
<br /> agreed to decrease the maximum The only wetlands that are universal- them.A few have adopted specific .
<br /> acreage it covers from 1 acre to one- ly recognized are what Ben Wopat, wetland ordinances,even if it means
<br /> half acre. regulatory chief of the Corps of Engi- bucking developers. •
<br /> neers'St. Paul District,called"Joe-
<br /> Further complicating matters is the Six-Pack"wetlands:water-logged and Wetland protection has been forced
<br /> state's Wetland Conservation Act of crowded with geese and cattails. on cities such as Maple Grove,which
<br /> 991. Its purpose is to fill in the gap is laden with wetlands and is now
<br /> • Problems with developers n the federal law by ensuring that no While some developers are s o histi- •
<br /> gtWhen H remaining vacantland
<br /> Hill,to
<br /> wetland,no matter how small,can be p developers. g Po
<br /> filled without mitigation. cated in approaching wetlands,oth- subdivision with 70 single-family •
<br /> ers have less experience.An industri- homes,was proposed.citizens corn
<br /> Loopholes in the laws al park that was being developed by plained it would destroy too many .
<br /> But the law allows plenty of excep- Curt Leibel and Lenny Dupree near wetlands.That led the city to form a
<br /> tions. For instance,projects ap- White Bear Lake was temporarily wetlands task force. •
<br /> proved during the five years up to the halted by the Corps of Engineers be
<br /> law's effective date of Jan. 1, 1992, cause"somebody reported us,"corn •
<br /> -
<br /> are exempt.Other exemptions are plained Leibel.Bill Short,a White A few suburbs,such as 1\en mo edi
<br /> marred by loo holes,said Barbara Bear Township official,said the proj- and Chanhassen,have been more ag;
<br /> p ect drained into Bald Ea a Lake and gressive. Mahtomedi adopted awet-,
<br /> Ohman of the state Board of Water land ordinance last January and John
<br /> and Soil Resources,the law's overall the two men had little experience Olinger.the city administrator,said
<br /> administrator.She said some devel- either as developers or with wetlands.
<br /> he personally went out and counted
<br /> opers are already taking advantage of Schilling,the Forest Lake developer, the city's wetlands.The total: 125.
<br /> poorly worded agricultural land ex- was given an after-the-fact permit in varying from one-quarter acre to 17 ,
<br /> emptions to avoid the mitigation 1988 when regulators found he had acres.The new ordinance requires •
<br /> requirements. already filled wetland.Now,he's „ both a 75-foot setback from the edge,
<br /> Another concern is that the new state back again at a new location.This of a wetland for new construction
<br /> law is being administered by cities, time,said the Army Corps of Engi- and a permit for any building within#
<br /> putting them in the position of regu- neers,he'd filled 5 acres of wetland. that area.
<br /> lating the very development they're without a permit as part of a new ...
<br /> trying to attract.Not surprisingly, industrial park in Chisago County. Despite these efforts.the debate over,
<br /> rY g . what takes precedence.wetlands or.„
<br /> with as many as nine different agen- I
<br /> cies weighing in on a single wetland, Earlier this year,Savage city officials development,is expected to continue,
<br /> things have often gone awry. approved the filling of more than ?a as suburbs develop farther out,and
<br /> acre of wetland in the northwest part the demand grows for housing,road;
<br /> Dan Utecht was in a hurry to build a of the city without having a Corps•gf shopping centers and parks.
<br /> split-level home in Linwood Town- Engineers permit.Savage city admin- ,•"n
<br /> ship in Anoka County on 7.7 acres of istrator Mark McNeill argued that "There's really no land a developer,;N
<br /> rid.More than half was wetland. the city,which had applied for a ..,-1can buy on which you don't have to.,..d the township that Utecht could
<br /> e Anoka Conservation District ' permit,had to proceed with the fi11,., deal with wetlands in one way or -„I,Ibecause streets in the adjoining con- another,"Svoboda said."It's tough
<br /> have a temporary permit,even struction area were already torn up.r to miss them all,and if you do miss.~t.,
<br /> though details on how Utecht would
<br /> Also,there were still new roads and„ i them all,you've got fewer houses.';;,,,
<br /> utility lines to put in before winter .,
<br /> mitigate weren't complete.The prob- shut down the construction season,l
<br /> lems multiplied,the district said,
<br /> when Utecht was issued a perma-
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