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<br />rll ~'\) <br />( ); <br />!l~ <br /> <br />AGENDA ITEM 5.7. <br /> <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />FROM: <br /> <br />STEPHEN ROHLF, BUILDING AND ZONING <br />ADMINISTRATOR <br /> <br />JANUARY 18, 1994 ~ <br /> <br />DATE: <br /> <br />SUBJECT: ADOPTION OF THE WETLAND <br />CONSERVATION ACT <br /> <br />ISSUE <br /> <br />The Wetland Conservation Act (WCA) is State legislation that <br />"in summary" mandates no net loss of wetlands. Basically, it <br />regulates filling or draining wetlands. <br /> <br />ATTACHMENTS <br /> <br />Letter from Nancy Riddle, County Environmental Specialist, <br />dated December 15, 1993; Article from the December 10, 1993, <br />League of Minnesota Cities Magazine; Memo from the Minnesota <br />board of Water and Soil Resources (BWSR) dated Jan 6, 1994; <br />Outline of Wetland Conservation Act process. <br /> <br />BACKGROUND <br /> <br />e <br /> <br />Staff recommends the City accept responsibility as the local <br />governmental unit "LGU" for the administration of the <br />permanent WCA rules within the City limits. Another option <br />would be to allow Sherburne County to be the LGU for Elk <br />River. The County has offered to do this for all of Sherburne <br />County (see letter from Nancy Riddle). However, City staff has <br />an understanding of this law and feels it is important that <br />citizens have one jurisdiction to deal with through the <br />development process. <br /> <br />Until some governmental unit accepts responsibility as LGU <br />for Elk River, there is a moratorium on filing or draining <br />wetlands. This moratorium even affects City street projects <br />(see League of Minnesota Cities article). Ignoring this law is <br />not an option (see memo from BWSR). <br /> <br />After an LGU for the City is established, it will be possible <br />to drain or fill wetlands if filling or draining is <br />unavoidable. Filling or draining will, however, require <br />replacement "no net loss" at a rate of at least 2:1. This <br />replacement rate can be greater than 2:1 if the drained wetland <br />is of greater value (as defined by law) than what it is being <br />replaced with. The law also includes some exceptions where <br />draining or filling of a wetland for certain reasons does not <br />require replacement. <br /> <br />e <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />