Ordinance 180CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 180
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE CONCERNING WETLANDS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20, Article VI of the Chanhassen City
Code is amended in its entirety to read:
ARTICLE VI. WETLAND PROTECTION
Sec. 20-401. FINDINGS AND INTENT.
(a) Wetlands help maintain water quality, serve to 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
• establish a policy of sound stewardship through coordination of
regulations which conserve, protect, enhance, and result in the
no net loss of these environmentally sensitive resources. In
addition, it is the intent of the City to promote the restoration
of degraded wetlands.
(b) The intent of this Article is to avoid alteration and
destruction of wetlands. When this is not feasible, mitigation
must be provided to recreate the lost or altered wetlands value
and function.
Sec. 20-402. PURPOSE.
The purpose of this Article is to assure the general health,
safety, and welfare of the residents through preservation and
conservation of wetlands and sound management of development by:
(1) Conducting an inventory and classification all wetlands
within the City and maintenance of a comprehensive set
of official City maps delineating wetlands.
(2) Establishment of wetland regulations that are
coordinated with flood protection and water quality
programs under the Chanhassen Surface Water Management
Plan.
(3) Requiring sound management practices that will protect,
conserve, maintain, enhance, and improve the present
quality of wetlands within the community.
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(4) Requiring measures designed to maintain and improve
water quality in streams and lakes.
(5) Protecting and enhancing the scenic value of wetlands.
(6) Restricting and controlling the harmful effects of land
development on wetlands.
(7) Allowing only development that is planned to be
compatible with wetland protection and enhancement.
(8) Providing standards for the alteration of wetlands when
alteration is allowed.
(9) Mitigating the impact of development adjacent to
wetlands.
(10) Educating and informing the public about the numerous
benefits and features of wetlands and the impacts of
urbanization.
(11) Obtaining protective easements over or acquiring fee
title to wetlands as appropriate.
Sec. 20-403. DELINEATION OF WETLANDS.
Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by
other applicable City ordinances and regulations. The Wetland
Protection Regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland
area is located.
A wetland is land that meets the definition of "wetlands"
set forth in this Ordinance. Wetland boundaries and wetland types
as established by officially adopted City maps shall be prima
facie evidence of the location and type of wetland. The official
maps shall be developed and maintained by the Planning
Department. If an applicant questions whether a wetland exists or
disputes its delineation, the applicant shall have the burden to
supply detailed information for review supporting the applicant's
position. The applicant shall provide appropriate technical
information, including but not limited to, topographical survey
and soil data deemed necessary for the City to determine the
exact wetland boundary. The Planning Director shall make a
determination to maintain the officially designated wetland
boundary or if the boundaries need to be corrected on City plans
and maps based upon the data that is supplied. Data for wetland
determination shall be certified by a registered engineer,
surveyor, or a qualified wetland consultant. The applicant may
appeal the Planning Director's determination of the wetland
boundary and type to the City Council.
. This Article establishes three (3) wetland types and one
body type:
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Wetlands_, Aq/Urban. Wetlands that have been influenced by
• agricultural or urban (residential, commercial, or
industrial) land usage are called Ag/Urban. Influences
include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands, Natural. Natural wetlands are still in their
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands, Pristine. Wetlands that exist in a natural state
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
Utilized. Utilized water bodies created for the specific
purpose of surface water runoff retention and/or water
• quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Sec. 20-404. NO NET LOSS.
To achieve no net loss of wetland, except as provided under
Section 20-416 of this Ordinance, or authorized by a wetland
alteration permit issued by the City, a person may not drain,
grade, fill, burn, remove healthy native vegetation, or otherwise
alter or destroy a wetland of any size or type. Any alteration to
a wetland, permitted by a wetland alteration permit, will be
fully mitigated so that there is no net loss of wetlands.
Sec. 20-405. STANDARDS.
The following standards apply to all lands within and
abutting a wetland:
(1) Septic and soil absorption system must be a setback
minimum of one hundred fifty (150) feet from the
ordinary high water mark of the wetland.
(2) The lowest ground floor elevation is three (3) feet
above ordinary high water mark of the wetland.
• (3) Docks or walkways shall be elevated six (6) to eight
(8) inches above the ordinary high water mark or six
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(6) to eight (8_) inches above the ground level,
• whichever is greater.
(4) Access across a wetland shall be by means of a
boardwalk and only upon approval of a wetland
alteration permit.
(5) The City's Best Management Practices Handbook shall be
followed.
Sec. 20-406. WETLAND BUFFER STRIPS AND SETBACKS.
(a) For lots created after December 14, 1992 (date of
ordinance adoption), a buffer strip shall be maintained abutting
all wetlands. Buffer strip vegetation shall be established and
maintained in accordance to 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 Type
Pristine
Natural
Aa/Urban
Utilized
• Principal
100'
40'
40'
0'
Structure
measured
measured
Setback
from the
from the
outside edge
outside edge
of the
of the
buffer strip*
buffer strip*
Buffer
Strip
20-100'
10-30'
0-20'
0'
Buffer Strip
Minimum
Average Width
50'
20'
10'
0'
% of Native
vegetation in
Buffer Strip Entire Entire Optional Optional
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AG/URBAN WETLAND ILLUSTRATION
BUFFER MO\NUM
STRUT �I
31' WETLAND
EDGE
80, i/W FR YARD HOME i SETBACK
I S 3CCK EC FROM BUFFER WETLAND
0'
I I I 10'
I IO'EASEIMENr
I WETLAND BUFFER STRIP
(AVERAGE 10' DEPTH)
I
The dimensions of the buffer strips may be adjusted by the City
based upon the quality of the wetland, local topographic
conditions, and the type and design of development being
proposed. The table above provides minimum and maximum dimensions
for the buffer strip. The use of a meandering buffer strip to
maintain a natural appearance, is encouraged. Structure setbacks
are also described in the table. On single family subdivisions in
the RSF district, the applicant must demonstrate that each lot
provides sufficient area to accommodate the applicable front yard
setback, 60 x 60' deep building pad, and a thirty (30) foot rear
yard area. All of these elements must be provided outside of
designated wetland and buffer strip areas.
(b) For lots of record on (date of ordinance
adoption) within wetland areas and for lands abutting a wetland
area, the following minimum provisions are applicable unless
alternative plans are approved by the City under a wetland
alteration permit:
Setback
Principal
Structure
Pristine
100'
Natural
75'
Act/Urban
75'
Utilized
0'
The City may approve reduced wetland setbacks as outlined in
subparagraph (a) above.
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Sec. 20-407. WETLAND ALTERATION.
• An applicant for a wetland alteration permit shall adhere to
the following principles in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland;
(2) Minimizing the impact by limiting the degree or
magnitude of the wetland activity and its
implementation;
(3) Rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life
of the activity; and
(5) Compensating for the impact by replacing or providing
substitute wetland resources or environments.
A wetland alteration permit shall not be issued unless the
proposed development complies within the provisions of the
• Mitigation Section of this ordinance, as well as the standards,
intent, and purpose of this Article. If the City determines that
the required calculations in a particular instance are needlessly
burdensome because of the area and nature of a proposal, it may
agree to a substitute analysis.
Sec. 20-408. PERMIT REQUIRED.
Drainage, grading, filling, burning, removal of healthy
native vegetation, or otherwise altering or destroying a wetland
of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the
natural drainageways of water courses. This shall only
be allowed as part of a mitigation project, or to
restore or improve the function and value of the
wetland.
(3) Installation of boardwalks.
(4) Creation of sedimentation and water quality improvement
basins if part of a mitigation project, or used to
restore or improve the function and value of the
wetland. These basins may not be created in "pristine"
wetlands and may only be created in "natural" wetlands
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if the City determines that there is no reasonable
• alternative.
(5) Discharge of storm water runoff in a manner that
impacts the wetland.
Sec. 20-409. FILLING.
When a wetland alteration permit is issued allowing filling
in a wetland, the following standards shall be followed:
(1) Filling must be consistent with the Chanhassen Surface
Water Management Plan.
(2) Filling shall not cause total natural nutrient
stripping capacity of the wetland to be diminished to
an extent that is detrimental to any area river, lake,
or stream.
(3) Only fill free of chemical pollutants and organic
wastes may be used.
(4) Filling shall be carried out so as to minimize the
impact on vegetation.
(5) Filling in wetland areas will not be permitted during
waterfowl breading season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(6) Filling in wetland areas will be required to be
mitigated in accordance with the requirements of this
Article.
Sec. 20-410. DREDGING/EXCAVATION/GRADING.
When a wetland alteration permit is issued allowing
dredging, excavating, or grading in a wetland, the following
standards shall be followed:
(1) The dredging will not have a net adverse effect on the
ecological and hydrological characteristics of the
wetland.
(2) It shall be located as to minimize the impact on
vegetation.
(3) It shall not adversely change water flow.
(4) The size of the dredged area shall be limited to the
minimum required for the proposed action.
• (5) Disposal of the dredged material is prohibited within
the wetland area.
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(6) Disposal of any dredged material shall include proper
• erosion control and nutrient retention measures.
(7) Dredging in any wetland area is prohibited during
waterfowl breeding season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(8) Dredging in wetland areas will be required to be
mitigated in accordance with the requirements of this
Article if the activity results in a loss of functional
wetland. Dredging to create water quality improvement
basins may be allowed by the City where reasonable
alternatives are not available or where the wetland is
of low quality and designated for this purpose by the
Chanhassen Surface Water Management Plan.
Sec. 20-411. STORM WATER RUNOFF.
When a wetland alteration permit is issued allowing storm
water runoff to discharge directly into a wetland, the following
standards shall be followed:
(1) An increase over the natural volume of storm water
runoff from a development may be allowed when necessary
for use of property, but only when it will not have a
net adverse effect upon the ecological and hydrological
characteristics of the existing wetlands. The
restrictions on runoff set out below shall not be
exceeded. Since the total increase in runoff which can
be permitted is limited, the City, when considering
permit applications, shall consider, in addition to the
following, apportionment of increased runoff
opportunity to all wetland property within the
surrounding wetland area.
(2) Storm water runoff from a development may be directed
to the wetland only when free of debris and
substantially free of chemical pollutants and silt, and
only at rates which do not disturb vegetation habitat
or increase turbidity. Sheet flow and other overland
drainage of runoff shall be encouraged.
(3) The allowed total increased runoff, in combination with
the total fill allowed, shall not cause total natural
flood storage or nutrient stripping capacity of the
wetland to be reduced in a manner inconsistent with
requirements established by the Chanhassen Surface
Water Management Plan.
Sec. 20-412. MITIGATION.
is approved
Mitigation Intent. Where wetland alteration is
approved and mitigation is required, mitigation must
result in an improvement to the wetland function and
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value. Mitigation plans must address water quality,
. improvement, and maintenance of pre-existing
hydrological balance and wildlife habitat. The wetland
function and value will include improvement of water
quality, maintaining hydrological balance, and
provision of wildlife habitat. Mitigation will be
performed at ratios required by state law to achieve
replacement of the wetland function and value.
Mitigation will not always be based solely on an acre
to acre replacement, but may be based on replacement of
habitat units (HU) through the use of habitat
evaluation procedures. When significant improvements in
the wetland value and function result, acre for acre
surface area replacement may not be required.
(b) Mitigation Standards. Mitigation of wetlands for
function and value should be restored, created, and
enhanced to have the following characteristics:
(1) Relatively stable water levels subject to natural
fluctuations.
(2) Pretreatment of inflow waters to improve quality.
(3) High level of upland/lowland intermingling.
• (4) A ratio of open water to aquatic vegetation
between 1:1 and 1:2.
(5) High degree of intermingling of open water and
aquatic vegetation.
(6) High level of plant species diversity.
(7) Restoration of native plant species in upland and
lowland areas.
(8) Undisturbed upland/lowland edge (i.e., buffer).
(9) Meandered wetland edge.
(10) Irregular bottom contours - mix of shallow and
deep water.
(11) Shallow side and bottom slopes - preferable 10:1
to 30:1 around and within wetland; steeper slopes
may be used to provide open water and greater
vegetation variability.
(c) Mitigation Techniques.
(1) Mitigation will be performed at a ratio required
by state law.
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(2) The City will use the Habitat Evaluation
Procedures (HEP) to determine Habitat Units (HUs)
to be replaced.
(3) Mitigation should always result in an improvement
to the wetland function and value. The wetland
function and value will include improvement of
water quality, maintaining hydrological balance,
and provision of wildlife habitat.
(4) Mitigation will not always be based solely on an
acre to acre replacement, but may be based on
replacement of habitat units (HU) through the use
of habitat elevation procedures (appendix) at a
ratio of 2:1. When significant improvements in the
wetland value result, direct surface area
replacement on a 2:1 basis may not be required.
The City Council will determine when wetland
impact will be allowed and the nature of
mitigation which will be acceptable.
(5) Mitigation shall provide a buffer strip as set
forth in this Article.
(6) Mitigation shall maintain or enhance the wetland
hydrological balance through the following:
- Restoration of deteriorated wetlands
- Flooding of previously drained wetland basins
- Creation of new wetlands
- Enhancement of existing wetlands
(7) Mitigation shall provide for pretreatment of water
prior to it entering the wetland to improve water
quality if required by the Chanhassen Surface
Water Management Plan.
(8) Mitigation, through the buffer strip, shall
provide landscaping for nesting and food for
wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity
of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity
and provide visual variety.
(9) Wetland mitigation should be undertaken on -site.
If this is not feasible, mitigation should occur
locally within the sub -watershed. If this is not
possible, mitigation should occur outside the
sub -watershed, elsewhere in the City. If
mitigation cannot be accomplished on site, or if
the City deems it necessary to perform mitigation
off -site, the applicant shall be responsible for
contributing into the City's wetland mitigation
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fund. The mitigation performed off -site shall meet
the above requirements.
(10) The City may determine that the public interest is
best served by requiring off -site wetland
mitigation. This determination will be made based
upon the City of Chanhassen's Surface Water
Management Plan. When this situation arises or
when the applicant is unable to restore wetlands
on -site, the City will require payment into the
dedicated Wetland Mitigation Banking Fund. This
fund shall be used solely to create new and/or
expand and improve existing wetlands according to
the priorities outlined in this Article. The City
Council shall establish the fee structure on an
annual basis. Fees shall be based upon the average
price for similar property elsewhere in the City.
(d) Construction Management and Long Term Wetland
Maintenance.
(1) The permit holder shall follow the City's best
management practices to minimize direct impacts
due to erosion and construction practices and to
safeguard wildlife habitat.
• (2) The permit holder shall conduct a monitoring
program and evaluation until construction is
completed. A letter of credit from the permit
holder shall be held to ensure compliance similar
to any other public improvement. The City will
ensure that the permit holder is delivering the
wetland that was promised. The permit holder shall
demonstrate compliance with the designed wetland
as -built plans.
Where feasible, the City shall require the permit
holder to satisfy long term management requirements.
Sec. 20-413. APPLICATION AND ISSUANCE OF PERMIT.
The applicant for a wetland alteration permit shall furnish
the information required by the City including, but not limited
to, a site plan, topographic data, hydrological data, and habitat
evaluation procedures for the review of a wetland alteration
permit application. The Planning Director shall use discretion
regarding the level and complexity of information required to
review the request. A wetland alteration permit shall not be
issued without having been first reviewed by the Planning
Commission and approved by the City Council following the review
and hearing procedures set forth for conditional use permits. The
applicant shall have the burden of proving that the proposed use
isor activity complies with the purposes, intent, and other
provisions of this Article. The Council may establish reasonable
conditions which are specifically set forth in the permit to
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ensure compliance with requirements contained in this Article.
. Such conditions may, among other matters, limit the size, kind,
or character of the proposed work, require the construction of
other structures, require replacement of vegetation and wetland
function and value, establish required monitoring procedures and
maintenance activity, stage the work over time, require the
alteration of the site design to ensure buffering, require the
provision of a performance security.
Sec. 20-414. INSPECTION OF WORK.
The City may cause inspection of work for which a wetland
alteration permit is issued, at the applicant's expense, to be
made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
Sec. 20-415. EXPIRATION AND RENEWAL OF PERMIT.
(a) Unless otherwise specified by the City Council, the
person issued a wetland alteration permit shall begin and
complete the development authorized by the permit within one (1)
year after the date the Council approves the permit application.
(b) The permittee shall provide written notice to the City
twenty-four (24) hours prior to the commencement and completion
of the development project. No project shall be deemed to have
been completed until approved by the City after receipt of notice
of completion.
(c) If the permittee fails to commence work on the
development within the time specified in this section, the permit
shall be void. The Council may renew a void permit at its
discretion. If the Council does not renew the permit, the holder
of the void permit may make original application for a new
permit.
(d) The permittee may make written application to the
Council for an extension of the time to commence work, but only
if the permittee submits the application prior to the date
already established to commence work. The application of an
extension shall state the reasons the permittee requires an
extension.
Sec. 20-416. EXEMPTIONS.
Activities exempted by Minnesota Statutes 103G.2241 from
State Wetlands Protection shall be exempted from the provisions
of this Article. However, certificates of exemption must be
obtained from the City and filed with the County Recorder prior
to starting work. The statutory exemptions include, but are not
limited to:
• (1) Activities necessary to repair and maintain existing
public or private drainage systems as long as wetlands
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•
that have been in existence for more than twenty (20)
• years are not drained.
(2) Activities authorized under, and conducted in
accordance with, an applicable general permit issued by
the United States Army Corps of Engineers under Section
404 of the Federal Clean Water Act, United States Code,
Title 33, Section 1344, except that nationwide permit
in Code of Federal Regulations, Title 33, Section
330.5, paragraph (a), clause (14), limited to when a
new road crosses a wetland, and all of clause (26).
(3) Placement, maintenance, repair, enhancement, or
replacement of utility or utility -type service,
including the transmission, distribution, or
furnishing, at wholesale or retail, of natural or
manufactured gas, electricity, telephone, or radio
service or communications if:
the impacts of the proposed project on the
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and
the proposed project significantly modifies or
alters less than one-half acre of wetland.
(4) Activities associated with routine maintenance of
utility and pipeline rights -of -way, provided the
activities do not result in additional intrusion into
the wetland.
(5) Alteration of a wetland associated with the operation,
maintenance, or repair of an interstate pipeline.
(6) Activities associated with routine maintenance of
existing public highways, roads, streets, and bridges,
provided the activities do not result in additional
intrusion into the wetland and do not result in the
draining or filling, wholly or partially, of a wetland.
(7) Emergency repair and normal maintenance and repair of
existing public works, provided the activity does not
result in additional intrusion of the public works into
the wetland and do not result in the draining or
filling, wholly or partially, of a wetland.
(8) Normal maintenance and minor repair of structures
causing no additional intrusion of an existing
structure into the wetland, and maintenance and repair
of private crossings that do not result in the draining
or filling, wholly or partially, of a wetland.
(9) Development projects and ditch improvement projects in
the state that have received preliminary or final plat
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approval, or infrastructure that has been installed, or
having local site plan approval, conditional use
permits, or similar official approval by the City or
other approving governmental body or agency after
August 1, 1987.'
Sec. 20-417. VARIANCES.
Variances from the requirements of this Article may be
granted in accordance with the variance provisions of this
Chapter as regulated by Article II, Division III of this Code.
Sec. 20-418. ENFORCEMENT PROCEDURES.
(a) Violation of Article VI, Wetland Protection, or of the
terms of a permit issued thereunder shall be a misdemeanor
punishable by ninety (90) days in jail and a seven hundred dollar
($700.00) fine.
(b) Any person who alters a wetland in violation of Article
VI, shall apply for a wetland alteration permit and shall pay a
filing fee double the regular fee. The City Council may require
the violator to restore the wetland or take other mitigative
measures.
(c) Wetland reviews conducted by the City shall be
• coordinated with State of Minnesota Wetland Protection Statutes
and rules.
(d) Notice of requested wetland alteration permits shall be
mailed to all property owners located within 500 feet of the
requested activity. Notification requirements established by
State of Minnesota Wetland Protection Statutes and official rules
shall be coordinated with City approvals.
Section 2. Section 20-1 of the Chanhassen City Code is
amended by deleting the following definitions:
Class A Wetlands means wetland types 3, 4, 5, 6, 7, and 8.
In case of wetlands adjoining a public waters designated as
lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a Class A wetland when
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100-year floodplain of the
stream.
Class B Wetlands means type 2 wetlands not adjoining a
public waters designated as lake or pond nor within the
100-year floodplain of a stream designed as public waters.
Wetland Types means classifications of wetlands as defined
• in U.S. Department of Interior, Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S. 1956".
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• Wetland Watershed means that area of land from which water
drains into a Class A or Class B wetland.
Section 3. Section 20-1 of the Chanhassen City Code is
amended by adding the following definitions:
Buffer Strip means an area of nondisturbed ground cover
abutting a wetland left undisturbed to filter sediment,
materials, and chemicals.
Habitat Evaluation Procedures MEN is a species -habitat
data management system for impact assessment developed by
the U.S. Fish and Wildlife Service. Its purpose is to
document predicted impacts to fish and wildlife from
proposed land and water resource development projects.
Habitat quality for selected key species is described by an
index, the Habitat Suitability Index (HSI).
Habitat Suitability Index (HSI) is a fish or wildlife
species -specific index value rating the ability of key
habitat components to supply essential life requirements for
the species. Index value ranges between 0 to 1.0.
Habitat Units (HU). Habitat Suitability Index (HSI)
multiplied by the area of habitat being evaluated. HU's are
• used for comparing habitat quality from one wetland to the
next or for measuring the effectiveness of mitigation. HU's
integrate both quality and quantity of habitat.
Principal Structure. The main building as distinguished
from an accessory building or structure.
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.
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:
(1) have a predominance of hydric soils;
(2) 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
(3) under normal circumstances support a prevalence of such
• vegetation.
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• (4) wetlands does not include types 3, 4, and 5 wetlands,
as defined in United States Fish and Wildlife Service
Circular No. 39 (1971 edition), not included within the
definition of public waters, that are 2-1/2 or more
acres in size.
0
Utilized. Utilized water bodies created for the specific
purpose of surface water runoff retention and/or water
quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Wetlands, Ag/Urban. Wetlands that have been influenced by
agricultural or urban (residential, commercial, or
industrial) land usage are called Ag/Urban. Influences
include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands, Natural. Natural wetlands are still in their
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands, Pristine. Wetlands that exist in a natural state
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
Section 4. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 14th
day of December , 1992.
ATTEST:
Don Ashworth,-C erk/Manager
D nald J. ,h61, Mayor
(Published in the Chanhassen Villager on December 24
1992.)
263
16
r11/30/92
0 — )
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
CITY OF CIASTHASSEN
AND BENNEPIN
)SS.CARVER
COUNTIES, MINNESOTA
County of Carver )
WETLAND ORDINANCE
SUMMARY
The following is a summary of some
of the major changes to the wetland ordi-
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the
nance.
publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full
1. Change of the Classification of
knowledge of the facts herein stated as follows:
wetlands. Currently our wetland ordinance
has two classifications of wetlands; Class
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper,
A (types 3-8, Circular 39) and Class B
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(types 2, Circular 39). There will be three
classifications of wetlands; Pristine Nato_
,, aa`
(B) The printed public notice that is attached to this Affidavit and identified as No. Cam/ ,was
ral and Ag/Urban. We have also added a
published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby
definition of utilized which is not a pro-
incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified.
tected wetland. The four classifications
Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby
will simplify enforcement of wetland
acknowledged as being the kind and size of type used in the compositio a d publication of the Notice:
regulations and should be easily under-
standable to all who are involved. These
abcdefghijklmnopgrstuvwt}7z
definitions can also be translated into the
"circular 39" and eowardin wetland clas-
sification system used by other agencies.
B
2. Wetland Buffet Strips and Setbacks.
A buffer strip is being required in addition
Stan olfsrud. General Manager
to the setback.
3. Mitigation. Any mitigation must
Subscribed and sworn before me on
result in an improvement to the wetland
function and value. If significant unprove-
ments in the wetland value and function
this —day of , 1992
result, acre for acre surface area replace-
ment may not be required.
Passed and adopted by the Chanhas-
sen Ci Council this 14th day of Decem-
ber,192.
Don Asbww&
City Clerk/I1�
Notary Public
(Published in the Chanhassen V' a- t
Thursday, Dec. 24,1992; No. 961
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space .......... $9.50 per column inch
Maximum rate allowed by law for the above matter ...................................... $9.50 per column inch
Rate actually charged for the above matter $6.13 per column inch