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SECTION 2. That § Section 30-1851, General Provisions of the City of Elk River Code of <br />Ordinances shall be amended to read as follows: <br />Sec. 30-1851. — General Provisions <br />(a) The Minnesota Wetland Conservation Act and Minnesota Rules, Chapter 8420, as amended <br />from time to time, are hereby incorporated by reference. In case of a conflict between this <br />division and the requirements of state law the more restrictive provision shall apply. <br />(b) No property owner or other person shall make any alteration to a wetland or wetland buffer <br />strip unless and until the provisions of this division have been complied with. <br />(c) Unless determined otherwise by the city or the technical evaluation panel (TEP), a property <br />owner, applicant for building permit, or applicant proposing work in or around wetlands shall <br />submit to the city prior to making any alteration to a wetland or wetland buffer strip the <br />following information: <br />(1) Wetland delineation plan and written report, <br />(2) Wetland impact plan, <br />(3) Wetland mitigation plan, and <br />(4) Any other information deemed necessary under this ordinance or the WCA as determined <br />by the city or TEP. <br />(d) A determination regarding wetland impacts must be made by the city or TEP prior to any <br />wetland alteration, issuance of a building permit, or approval of a subdivision by the planning <br />commission. Any conditions required by the city or the TEP will become conditions of <br />building permit issuance or subdivision approval. <br />(Ord. No. 06-07, § 2, 6-19-2006) <br />Sec. 30-1852. - Performance standards. (City of Elk River code section) <br />(a) Wletland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of a wetland <br />or ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips <br />shallmeet the following standards: <br />i. No principle or accessory structures, patios, paving, or other impervious surfaces shall be <br />permitted within the wetland buffer strip. <br />ii. Alterations are prohibited within the wetland and wetland buffer strip unless a vegetation <br />management plan or other approval is granted by the city. <br />iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in <br />accordance with the requirements found in section 30-1853. <br />iv. The applicant shall maintain the required wetland buffer strip monuments at each lot line <br />where it crosses a wetland buffer strip and at 200-foot intervals along the edge of the <br />wetland buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, <br />no mowing, clearing or removal of vegetation in the buffer area is allowed. Call the City of <br />Last Updated January 2023 <br />NATURE <br />