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Elk River for more information." The city reserves the right to eliminate this requirement <br />if it deems it impractical. <br />v. The city, at its sole discretion, following the city's master park trail plan, may allow nature <br />trails comprised of natural materials, to be located within the wetland buffer strip. <br />vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, <br />including facilities such as nature trails and docks which allow for such activities are <br />permitted in the wetland buffer strip. <br />vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland <br />buffer strips for the purposes of identification and protection. <br />viii. Properties platted prior to June 19, 2006, shall be exempt from the vegetation <br />management requirements described in subsections ii—iv above. <br />(b) 1Y�etland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is <br />hereby established by the city. <br />i. No principle or accessory structures, patios, paving, or other impervious surface <br />shall be located within this setback. <br />ii. Nature trails, at the city's approval, may be located within the wetland buffer strip <br />setback. <br />iii. On property that was platted prior to June 19, 2006, uncovered decks and <br />permeable pavement can be located within this setback. <br />(c) Exceptions. Properties platted prior to adoption of the wetland buffer strip and <br />Wetland buffer strip setback performance standards set forth in this section may <br />not be configured to accommodate the required performance standards. For this reason, <br />exceptions to the performance standards for properties platted prior to June 19, 2006, may <br />be approved by the planning manager pursuant to the site plan review process. Applicants <br />for site plan review shall pay the fee specified in the city's fee schedule. Site plan approvals <br />and required conditions shall be made by the planning manager on a case -by -case basis, <br />with the goal of maintaining consistency with the performance standards to the maximum <br />extent reasonably possible. Appeals from staff determinations and conditions may be made <br />pursuant to the appeal procedures set forth in section 30-634. <br />(d) Fences. Fences may encroach into the wetland buffer strip setback, but at no time <br />shall they be allowed within the wetland buffer strip or in delineated wetlands. Properties <br />platted prior to June 19, 2006, shall be exempt from this requirement. <br />(Ord. No. 06-07, § 2, 6-19-2006; Ord. No. 16-24, § 1, 11-21-2016; Ord. No. 17-07, 5 1, 4- <br />17-2017; Ord. No. 18-12, � 1, 7-16-2018) <br />Sec. 30-1853. - Vegetation standards. <br />(a) Where acceptable natural vegetation exists in wedand and wetland buffer strip areas, the <br />retention of such vegetation in an undisturbed state is required unless an applicant receives <br />approval to replace such vegetation. A wedand or wetland buffer strip has acceptable <br />natural vegetation if it: <br />1. Has a continuous, dense layer of perennial grasses that have been uncultivated or <br />unbroken for at least five consecutive years, or <br />2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that <br />have been uncultivated or unbroken for at least five consecutive years, or <br />Last Updated January 2023 <br />N'i1fFN iI II <br />NATURE <br />