12. Ordinance to Amend Sec. 20, Chemical Treatment of Wetlands
CITY OF
CHANHASSEN
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690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
Don Ashworth, City Manager
FROM:
Phillip Elkin, Water Resoprces Coordinator
DATE:
April 23, 1997
SUBJ:
Ordinance to Amend Sec. 20, Chemical treatment of wetlands
UPDATE
On Monday January 27, 1997, the City ofChanhassen, adopted the ordinance amendment to
Chapter 20 pertaining to the chemical treatment of wetlands after the City Council and Planning
Commission unanimously approved the changes. However, the City was contacted by the
Minnesota Department of Agriculture that such an ordinance violates Minnesota State law
prohibiting local governments from regulating the use of herbicides or pesticides (See
Attachment # 1).
SUMMARY
City staff recommends the ordinance be changed to require that homeowners notify the City of
chemical applications in controlling nuisance algae, rather that prohibiting the use of chemicals.
Staff feels that such an ordinance would still be effective because there are alternatives to
chemical treatment which may be more effective and less costly to the user. The city would
provide the user an informational brochure which will cover the causes of nuisance algae growth
and ways to prevent or manage the growth without the use of chemicals.
This revision is an attempt to keep the city and public informed about what treatments are being
applied to city wetlands, and to comply with state laws.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council adopts the amendment to Chapter 20 pertaining to the chemical treatment of
wetlands as shown in Attachment # 2. "
Don Ashworth
April 23, 1997
Page 2
Plan nine: Commission Update
On April 16, 1997, the Planning Commission unanimously approved the proposed revision with
the following conditions:
.
1. The City of Chanhassen annually contacts companies who provide such services, to
inform them of the City ordinance regarding notification.
2. The City will provide the public with information on alternatives to chemical treatments.
ATTACHMENT
1. Letter from Minnesota Department of Agriculture
2. Ordinance amendment
g:\eng\phillip\admin\Algaerevision.cc
FEB 25 '97 15:42 HERMAN MANCINO
P.2
Minnesota Department of Agriculture
February 12, 1997
(612) 296-5639
The Honorable Donald J. Chmiel
Mayor of the City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen. MN 55317
Dear Mayor Chmiel:
We were recently informed that the City of Chanhassen adopted an Ordinance amending Chapter 20 of the
City's Code. A provision within this amendment, Section 20-407, (b), (1), prohibits the use of algae
controlling chemicals in any stonn water ponds or wetlands.
We understand that the City has identified its water resources as a significant amenity to the City and has
provided a significant investment in the management and protection of these resources; that the City has
developed a Surface Water Management Plan which endeavors to meet requirements of the Metropolitan
Surface Water Management Act, as well as other state and regional water management goals and policies; that
the intent of the above referenced ordinance is to employ natural biological functions in the potential
improvement of water quality, especially in regard to the reduction of phosphorus content in the water column;
and that the City wishes to protect the primary biological agent of this process, algae.
The Minnesota Department of Agriculture (MDA) commends the City in its efforts to protect and enhance the
quality of its water resources. The MDA also generally agrees with the philosophy employed by the City in
employing natural processes in the reduction and control of phosphorus. However, Minnesota Statutes,
Section 18B.02 specifically preempts local ordinances "that prohibit or regulate any matter relating to the
registration, labeling, distribution, sale, handling, use, application or disposal of pesticides." The MDA is not
challenging the above referenced ordinance, however, we must inform you that persons regulated by this
ordinance may challenge it based on M.S. 18B.02.
If you have any further questions, please feel free to contact me at (612) 296-5639 or Mark Zabel of my staff at
(612) 297-3491.
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. 90 Wesl Plalo Boulevard. Saini Paul, Minnesota 55107-2094 . (612) 297 -2200 . TOD (612) 297-5353/1-800-627-3529 .
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE
The City Council of the City of Chanhassen ordains:
Section 1. Section 20-405, Wetland alteration, is hereby amended by adding the following:
(6) Chemieal treatment ofv;etlands.
( a) The use of algae controlling ohemieals in any storm water ponds or \':etlands
is prohibited.
(6) The treatment of wetlands to control nuisance algae.
(7) }oJ on chemieal treatment of wetlands.
(a) Other types of non ohemical algae controlling treatments include bacteria,
aerators, skimmers, dyes, etc.
(a) The city must be notified prior to the use of any form of treatment.
(b) At the time of notification, a person or company will be required to supply
the following information:
1) Location of pond
2) Area of pond to be treated
3) Name, address and telephone number of the party responsible for
treatment
4) Name, address and telephone number of person or persons
performing the treatment.
5) Date of treatment.
6) A list of the type of treatments to be used at said time.
7) A statement indicating an understanding of the treatment being
applied and its effect on humans, plants and wildlife.
(d) One time pub lie notifieation in the eity nev:spa-per is required two weeks
prior to treatment.
PASSED AND ADOPTED this _ day of
Council of the City of Chanhassen.
. 1997, by the City
Section 2. This ordinance shall be effective immediately upon its passage and
publication.