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2. Review Code Amend. CommentsCITYOF CHAN E 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone: 9522271100 Fax: 952 2271110 Building Inspections Phone: 952227.1180 Fax: 9522271190 Engineering P!lone: 952 227 1160 Fax: 952 2271170 Finance P%r,e: 9522271140 Fax: 952.2271110 Park & Recreation Fax: 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 9522271400 Fax: 9522271404 Planning& Nalural Resources Phone 9522271130 Fax: 952227 1110 Public Works 1591 Park Road Phone: 952.227 1300 Fax: 9522271310 Senior Center Phone: 9522271125 Fax: 952 2271110 Web Site www c[ chanl]assen mrs ~Js MEMORANDUM TO: FROM: DATE: SUB J: Planning Commission Bob Generous, Senior Planner February 3, 2004 Comments on Code Amendments, Chapter 20 Articles II, V, Vi and VII The Planning Commission had some questions regarding the proposed amendments as part of the discussion for Articles II, V, VI and VII. Article VI. Wetlands. Section 20-404. Q. Why add "excavate" to the list of items that are considered impacts to wetland? This list is intended as an intention statement and should be broad in character. Even though excavating is a form of grading, we want to be more inclusive in this section. Q. What about mowing? Farmers often hay within wetland areas. The city does not want to have to prosecute every person for the cutting down of wetland vegetation. Sometime, mowing of wetland vegetation is a treatment alternative and in those instances a wetland alteration permit will have to be approved. Section 20-405 (2) Q. Why change lowest floor elevation from 2 feet to 3 feet above the ordinary high water elevation? A. This change is to be consistent with the shoreland protection regulations, section 20-481 (e). Section 20-407 (a) (5) Q. What are Minnesota Rules 8420.1010 - 8420.10707 The City of Chanhassen · a gro',~*,,irl0 cx)mr:/un~t¥' ',¥iit~ clean lakes qual ty schools a (;llarming ,]ownto',x~ Ix ,vinq 3iilS O!)' SiS ~',' din© trills aad beakJ!i!ul Planning Commission Comments on Code Amendments, Chapter 20, Articles II, V, VI and Vii February 3, 2004 Page 2 A. See attached Minnesota Rules, Standards and Criteria for Identification, Protection and Management of Calcareous Fens. Section 20-407 (c) Q. Who is the "board"? Ao The board is the Board of Water and Soil Resources. This section was copied from the rules. Staff will include the entire name of the board in the ordinance. Section 20-408 (b) Q. What do we mean by "treatment of wetlands"? A. Treatment of wetlands includes chemically treating, burning, mowing or biologically treating wetlands. We will add this to the ordinance. Article VII, Shoreland protection. Section 20-479 (c) Q. How often is the Ordinary High Water (OHW) changed? The OHW is rarely changed. To do so requires a 2 - 3 year process through the Department of Natural Resources. Attached are the guidelines for Ordinary High Water Level determinations. The OHW elevations are provided by the DNR and the elevation for Christmas Lake is provided to the hundredth. Q. Why change "riparian lot" to "lakeshore site" and are there any legal problems? The City Attorney has stated that he understands staff's concern, but that he does not feel that the change is necessary. The state defines riparian as including wetlands and ponds. However, it is clearly the intent of the city ordinance and state guidelines that these requirements only apply to lakeshore property. We will delete this change. Section 20-482 (a) Q. What is a "forb"? G:\PLAN\bg\city code\PC comments Ch 20 Art 11 V VI VII.doc Planning Commission Comments on Code Amendments, Chapter 20, Articles II, V, VI and VII February 3, 2004 Page 3 A. A forb is any non-grass, non-shrub, non-tree understory plant (think wildflower). Section 20-482 (b) (2) Q. Is buckthorn removal included in the prohibition of removal of vegetation? A. While the city encourages the removal of buckthorn and other invasive and noxious species, we would require that they first contact the city and receive authorization to proceed. As part of the process, the city could educate residents on appropriate removal and control methods as well as addressing re-vegetation and erosion control issues. Additionally, when the city gets calls from neighbors regarding the removal, we can state that the removal has been authorized. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. GAPLAN\bg\city code~PC comments Ch 20 Art 11 V VI VII.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 8420.0760 ENFORCEMENT AND CORRECTIVE ACTIONS. A. The fee owner and the wetland banking applicant, if different from the fee owner, are jointly and severally responsible for the success of the wetland banking project and maintaining the wetland banking project in accordance with the approved wetland banking plan both during and after monitoring. The wetland banking plan applicant, if different from the fee owner, is not responsible after monitoring if the wetland banking plan applicant no longer owns an easement interest in the real estate or credits associated with the banked wetland. B. If, on inspection, the board determines that wetlands deposited in the wetland bank are not in compliance with this chapter, the board must prescribe corrective measures to the local government unit and fee owner or wetland banking plan applicant to bring the wetland into compliance. C. If satisfactory remediation does not result, the board may refuse future wetland bank certifications by the local government unit and future deposits from the fee owner or wetland banking plan applicant. D. If, whether during or after the completion of the monitoring, a local government unit or the technical evaluation panel determines that a banked wetland does not substantially meet the specifications in the approved bank plan, the local government unit or technical evaluation panel must notify the board. The board shall restrict further withdrawals and transfers of all credits associated with the wetland, whether held by the wetland banking plan applicant or a subsequent account holder, until the local government unit or technical evaluation panel notifies the board, or the board otherwise determines, that the wetland banking project has been brought into compliance. E. The local government unit or the board may undertake reconstruction work and require reimbursement of reasonable costs from the fee owner or wetland banking plan applicant. F. Fee owners, wetland banking plan applicants, or account holders may appeal restrictions on credit withdrawals and transfers or demands for reimbursement of reconstruction costs to the dispute resolution committee of the board which shall make a recommendation to the full board. G. Noncompliance with or impacts to, wetland banking projects are subject to enforcement under part 8420.0290. STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242 HIST: 18 SR 274; 27 SR 135 STANDARDS AND CRITERIA FOR IDENTIFICATION, PROTECTION, AND MANAGEMENT OF CALCAREOUS FENS 8420.1010 PURPOSE. The purpose of parts 8420.1010 to 8420.1070 is to provide minimum standards and criteria for the identification, protection, and management of calcareous fens as authorized by Minnesota Statutes, section 103G.223. Calcareous fens may not be drained or filled or otherwise altered or degraded except as provided for in a management plan approved by the commissioner. Part 8420.0122 does not apply to calcareous fens. STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242 HIST: 18 SR 274; 22 SR 1877; 27 SR 135 8420.1020 IDENTIFYING CALCAREOUS FENS. A calcareous fen is a peat-accumulating wetland dominated by distinct groundwater inflows having specific chemical characteristics. The water is characterized as circumneutral to 65 1 alkaline, with high concentrations of calcium and low dissolved 2 oxygen content. The chemistry provides an environment for 3 specific and often rare hydrophytic plants. 4 STAT AUTH: MS s 14.06; 103B.101; 103B.3355 5 HIST: 18 SR 274 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 8420.1030 PROCEDURES TO LIST CALCAREOUS FENS. A. The commissioner shall investigate wetlands to determine if the wetland is properly identified as a calcareous fen. B. The commissioner shall maintain a current list of known calcareous fens in the state and their location. C. The commissioner shall provide an updated list of calcareous fens to the board for further distribution. STAT AUTH: MS s 14.06; 103B.101; 103B.3355 HIST: 18 SR 274 8420.1040 MANAGEMENT PLANS. Calcareous fens may not be drained or filled or otherwise altered or degraded except as provided for in a management plan approved by the commissioner. The commissioner will provide technical assistance to landowners or project sponsors in the development of management plans. STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242 HIST: 18 SR 274; 22 SR 1877 8420.1050 RESTOP~ATION. The commissioner may approve management plans to restore or upgrade a previously damaged calcareous fen. STAT AUTH: MS s 14.06; 103B.101; 103B.3355 HIST: 18 SR 274 8420.1060 APPEALS. A. A landowner or project proposer may challenge the commissioner's determination that a wetland is a calcareous fen or the commissioner's calcareous fen management plan by demanding a hearing. The hearing will be carried out in the same manner as water permit hearings under Minnesota Statutes, chapter 103G. B. The hearing must be demanded within 30 days after mailed notice of the commissioner's decision to the project proposer, otherwise the decision becomes final and may not be challenged by the project proposer. C. Appeal of the commissioner's decision after the hearing must be done in the manner provided for appeals from contested case decisions in Minnesota Statutes, chapter 14. STAT AUTH: MS s 14.06; 103B.101; 103B.3355 HIST: 18 SR 274 8420.1070 ENFORCEMENT PROCEDURES. Enforcement procedures for calcareous fens shall be conducted consistent with Minnesota Statutes, sections 103G.141 and 103G.2372, except that necessary restoration or replacement activities, if required, will be determined by the commissioner, in consultation with the local soil and water conservation district. STAT AUTH: MS s 103B.3355; 103G.2242 HIST: 27 SR 135 66 by John Scherek and Glen Yakel TechniCal paper 11 Introduction Minnesota Statutes, Section 103G.005, subdivision 14 defines "ordinary high water level" (OHWL) as the boundary of waterbasins, watercourses, public waters, and wetlands and: (1) the OHWL is an elevation delineating the HIGHEST water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; (2) for watercourses, the OHWL is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowages, the OHWL is the operating elevation of the normal summer pool. The OHWL is the landward extent of DNR jurisdiction over anyone who works in the bed of public waters or public waters wetlands (collectively referred to as public waters) - see Figure 1. It is commonly used in public waters work permits and by local zoning authorities to deter- mine lot size, structure setback, and drainfield location and elevation. It is NOT: · a runout elevation; · an average water level; · an extreme high water level; · nor an arbitrary elevation set by an individual, group or agency. It has no significance with respect to private ownership. Terrestrial (Upland) Vegetation (grasses, brush, trees) Record High Water Level uatic Vegetation (giant reed grass, sedge, giant burreed, bulrush, cattail) Ordinary High l ..... __// Water Level ~,, Average Water Level of FIGURE 1 Note: The vegetation types identified above are common examples, but are not all inclusive. Record Low Water Level The methodology used to determine the OHWL of waterbasins and wetlands (basins) was developed in the early 1900's by Adolph F. Meyer, associate professor of hydraulic engineer- ing, University of Minnesota, and consulting engineer. Mr. Meyer was occasionally hired by DNR Waters to make OHWL determinations in cooperation with field surveyors. Emphasis on OHWL determinations increased dramatically in the early 1970's with regionalization of staff and adoption of shoreland zoning ordinances by counties. Over time this methodology has been substantially upheld in many court cases and administrative hearings. These guidelines apply to public waters and public waters wetlands as defined in Minnesota Statutes, Section 103G.005, subdivisions 15 and 18, which have been inventoried by the Commissioner according to Minnesota Statutes, Section 103G.201 (laws 1979, chapter 199). These guidelines DO NOT APPLY to the determination of jurisdictional boundaries with re- spect to the Wetlands Conservation Act of 1991 (laws 1991, chapter 354), nor the United States Army Corps of Engineers (404 of the Clean Water Act). This document is intended for use by water resource professionals who possess an understanding of surveying. Specific Standards for Ordinary High Water Level Determinations (1) Waterbasins and Wetlands The OHWL is a line of equal elevation surrounding a basin*. The primary evidence of the OHWL are physical features on the landscape that indicate the presence and action of water upon the bed and banks of a basin. A field investigation of the shoreline is required to identify and document the elevation of those physical features that provide the best available evi- dence of the OHWL. (The water level of a basin at the time of the investigation is considered along with other recorded water levels as supporting evidence). The primary physical features searched for are (in order of importance): A) tree evidence, B) water-formed evidence and C) other vegetative evidence. A) TREE EVIDENCE. Trees are the most permanent type of vegetation on the landscape and their growth patterns around the perimeter of a basin reflect the fluctuation of water levels within the basin. Therefore, whenever appropriate tree evidence is available, the OHWL is based on that evidence**. Appropriate evidence includes trees having characteristics indicating that they were subject to the presence and action of water. * Except for sloping wetlands; see SLOPING WETLANDS on page 6. ** Except for landlocked basins; see B) WATER-FORMED EVIDENCE on page 5. Those characteristics include: · alignment at a relatively uniform elevation with other indicator trees, preferably on flat or gently sloping, undisturbed areas in close proximity to the basin; · alignment with respect to water-formed evidence (described on page 5); · washed, exposed roots on the side towards the water; or · signs of stress or abnormal growth resulting from past water levels (e.g., height, diameter, shape of stem, branch spread, foliage density). Note: Stress signs are considered carefully as they may be the result of other factors. 4.5"../.~.._~.~1J 1 /-''''''r . . FIGURE 2 The OHWL is computed by determining the average reduced elevation of all appropriate indi- cator trees. The reduced elevation of each tree is determined by subtracting either a full or half diameter breast high (DBH) of the tree from the average ground elevation at the base of the tree (see Figure 2). The tolerance of tree root systems to the presence and action of water determines whether to subtract a full or half diameter (Figure 3). FIGURE 3 Tree Lists The following tree species are generally LESS TOLERANT to water and are reduced by a full diameter: Sugar maple Bitternut hickory Shagbark hickory Slippery (red) elm Butternut Black walnut Red cedar White spruce Jack pine Red (Norway) pine White pine Black cherry White oak Nodhern pin oak Bur oak Red oak Basswood *Green ash *Black ash *American (white) elm Acer saccharum Carya cordiformes Carya ovata Ulmus fulva or Ulmus rubra Juglans cinerea Juglans nigra Juniperus virginiana Picea glauca Pinus banksiana Pinus resinosa Pinus strobus Prunus serotina Quercus alba Quercus ellipsoidalis Quercus macrocarpa Quercus rubra Tilia americana Fraxinus pennsylvanica Fraxinus nigra UImus americana *These species are generally more tolerant of periodic flooding, however, it is the experience of DNR Waters that they are more consistent with other tree evidence and pertinent supporting evidence when reduced by a full diameter. The following tree species are generally MORE TOLERANT to water and are reduced by a half diameter: Balsam fir Box elder Red maple Silver maple Black spruce Balsam poplar Cottonwood Swamp white oak Black willow White cedar Tamarack *Yellow birch *Paper birch *Big tooth aspen *Trembling (Quaking) aspen Abies balsamea Acer negundo Acer rubrum Acer sacoharinum Picea mariana Populus balsamifera Populus deltoides Quercus bicolor Salix nigra Thuja occidentalis Larix laricina Betula alleghaniensis Betula papyrifera Populus grandidentata Populus tremuloides *These species are generally less tolerant of periodic flooding, however, it is the experience of DNR Waters that they are more consistent with other tree evidence and pertinent supporting evidence when reduced by a half diameter. The tree lists are only for the purpose of determining whether to subtract a half or full DBH. When available, the following physical features provide IMPORTANT supporting evidence of an OHWL based on tree evidence. · water-formed evidence (described on page 5); · other vegetative evidence (described on page 5); · the runout elevation of the basin; · the outlet geometry and capacity; · the hydrologic characteristics of the watershed, such as size, storage capacity, and predominant land use. B) WATER-FORMED EVIDENCE. Whenever appropriate tree evidence does not exist at a basin, the best available water-formed evidence is used to determine the OHWL. Water-formed evidence are indicators of past water levels and are the results of the erosion, redistribution or staining of shore materials. Specific types of water-formed evidence are: · lake banks; · beach lines or washlines; · ice ridges or pushes; · exposed cobble or boulder lines; · litter and debris lines; · water stains on natural and artificial landscape features. For landlocked basins, distinct water-formed evidence that consistently occurs at a higher elevation than tree evidence may be used to determine the OHWL. When available, the following physical features provide IMPORTANT supporting evidence of an OHWL based on water-formed evidence: · other vegetative evidence (described below); · the runout elevation of the basin; · the outlet geometry and capacity; · the hydrologic characteristics of the watershed such as size, storage capacity and predominant land use. C) OTHER VEGETATIVE EVIDENCE. In the absence of tree or water-formed evidence (specifically at wetlands), other vegetative evidence is used to determine the OHWL. Other vegetative evidence is primarily aquatic vegetation, i.e. plants that only grow in water, or on land that is inundated by water for extended periods in most years.This vegetation most often includes cattail, bulrush, giant reed grass, giant burreed and sedge. Ground elevations are recorded at the defined landward extent of the best available vegeta- tion, at several locations around the wetland, to identify a representative average elevation at the landward edge of the vegetation. This representative average elevation is the OHWL. Wetlands with the following water regimes will support the types of vegetation used as evidence. PERMANENTLY INUNDATED - water covers the land surface throughout the year in all years. INTERMITTENTLY EXPOSED - surface water is present throughout the year, except in years of extreme drought. SEMI-PERMANENTLY INUNDATED - surface water persists throughout the growing season in most years. When surface water is absent, the water table is usually at or very near the surface. SEASONALLY INUNDATED - surface water is present for extended periods especially early in the growing season, but is absent by the end of the season in most years. When surface water is absent, the water table is often near the surface. When available, the following physical features provide IMPORTANT supporting evidence of an OHWL based on other vegetative evidence: · the runout elevation of the basin; · the outlet geometry and capacity; · the hydrologic characteristics of the watershed such as size, storage capacity and predominant land use. SLOPING WETLANDS. For some wetlands, the water level varies from one end to the other due to physical factors causing flow, such as ditching or dense vegetation, or where ground water discharges into the wetland at varying elevations. The OHWL may vary in elevation from the upstream end to the downstream end as indicated by the best available evidence on the landscape. DISTURBED OR DRAINED WETLANDS. For basins that have been totally disturbed or drained and no physical evidence remains, the OHWL may be determined by using aerial photographs of past conditions. If the vegetation boundaries that are evident on aerial photos can be accurately relocated with a ground survey using fixed objects that still exist, then the average elevation at the survey points is the OHWL. Additional information that may be assembled and analyzed as supporting evidence for OHWL determinations includes: · water level records; · precipitation records; · hydrologic information such as channel or wetland slope, topography, soils, artificial and natural drainage into and out of the basin, ground water levels, and ground water relationships to basin levels; · outlet conditions including the characteristics of any natural or artificial controls that influence hydraulic and hydrologic characteristics of the basin; · maps and survey data of the basin and its surrounding environs; · aerial photographs or other photographs that show water level conditions around and within the basin; · documents about historical events relating to water conditions within the basin; · type and extent of past and present shoreland development; · testimony of eyewitnesses on historical water conditions; · other data that may contribute knowledge of water conditions at the basin. (2) Watercourses Since watercourses lie on a slope, the OHWL is not constant from the source to the mouth. The OHWL at a location along a watercourse is determined by averaging the elevations of the top of channel banks, with consideration given to the degree of slope (gradient) of the watercourse and the character of the channel and channel banks. When the tops of channel banks on each side of a watercourse vary considerably from one another or are indistinguishable along a given reach of the watercourse, the 15+00 (Unllorm .. FIGURE 4 OHWL for that reach must be consistent with the OHWL established for upstream and down- stream locations having more uniform tops of channel banks (see Figure 4). (3) Reservoirs and Flowages The OHWL of reservoirs and flowages is the highest normal summer pool operating elevation described within the operating plan of the reservoir or flowage. The OHWL is a single eleva- tion, provided that the reservoir normal summer pool elevation is specified as a constant for the entire summer. If the normal summer pool is maintained by a range of elevations, the OHWL is the highest elevation of that range. Special Circumstances The OHWL of waters regulated by federal, interstate or international agencies is that level agreed upon between the state and the agency as stipulated in an appropriate legal document. At the confluence of public waters, the OHWL is the highest OHWL of all waters involved. Who To Contact For information about specific OHW elevations or other water-related issues, contact the appropriate DNR Waters office. Bemid i 2 · Grand Rapids st.. Paul Region 1 2115 Birchmont Beach Rd N.E. Bemidji, MN 56601 - (218) 755-3973 Region 2 1201 East Highway 2 Grand Rapids, MN 55744 - (218) 327-4416 Region 3 1200 Warner Road St. Paul, MN 55106 - (651) 772-7910 Region 4 261 Highway 15 South New UIm, MN 56073-8915 - (507) 359-6053 Central Office 500 Lafayette Road St. Paul, MN 55155-4032- (651)296-4800 This information is available in an alternative format upon request World Wide Web Site Address: http://www, dnr. state.mn.us/waters The DNR Information Center phone numbers: Twin Cities: (651) 296-6157 MN Toll Free: 1-888-646-6367 (or 888-MINNDNR) Telecommunication Device for the Deaf: (651) 296-5484 MN Toll Free: 1-800-657-3929 Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available to all individuals regardless of race, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age or disability. Discrimination inquiries should be sent to: MN/DNR, 500 Lafayette Road, St. Paul, MN 55155-4031; or the Equal Opportunity Office, Department of the Interior, Washington, D.C. 20240. © 1993 State of Minnesota, Department of Natural Resources Glossary of Terms AQUATIC VEGETATION means plants that grow in water or on land that is inundated by water for extended periods in most years. BEACH LINE or WASHLINE refers to small linear topographic changes in elevation roughly parallel to the waters edge that consist of beach sand, gravel, larger pebbles, cobbles and small boulders heaped up or exposed along the shore by the actions of waves and currents. BEST AVAILABLE EVIDENCE means evidence that provides the most reliable facts to identify the ordinary high water level based on the statutory definitions for the particular type of protected water involved. CHANNEL means a natural or artificially created open conduit that periodically or continuously contains moving water, and that may form a connecting link between water bodies. CHANNEL BANK means the ground immediately bordering the channel that serves to confine the water to the channel during the ordinary course of water flow. COMMISSIONER means the Commissioner of the Department of Natural Resources. CONFLUENCE OF WATERS means the intersection of two or more waters. The confluence may be either a specific point or a zone where the waters interact. DIAMETER BREAST HIGH means the diameter of the tree at a height 4.5 feet above the ground. ICE RIDGE or PUSH refers to a modification to the topographic characteristics of the shore resulting from a waterbasin's expanding ice sheet and consisting of a linear mound of soil generally parallel to the waters edge. LAKE BANK means a stretch of rising land bordering a basin distinguished by a change in topographic slope resulting from the presence and action of water or ice eroding and redistributing the soil. LANDLOCKED BASIN means a water basin or wetland with no surface outlet below its OHWL. NORMAL SUMMER POOL means the highest water elevation intended to be maintained during the months June through September by operation of control structures of reservoirs and flowages. RUNOUT ELEVATION means the point at which a water basin begins to outflow. SLOPING WETLAND means a wetland where the water level varies from one end to the other due to physical factors causing flow through the wetland. The OHWL of a sloping wetland may also vary as indicated by the evidence on the landscape. WATERBASIN means an enclosed natural depression with definable banks, capable of containing water, that may be partly filled with waters of the state and is discernible on aerial photographs. WATERCOURSE, NATURAL means a natural channel that has definable beds and banks capable of conducting confined runoff from adjacent land. WATERCOURSE, ALTERED NATURAL means a former natural watercourse that has been affected by artificial changes to straighten, deepen, narrow or widen the original channel. WATERCOURSE, ARTIFICIAL means a watercourse artificially constructed by human beings where a natural watercourse was not previously located. WETLAND, PUBLIC WATERS means all types 3, 4 and 5 wetlands, as defined in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are ten or more acres in size in unincorporated areas and 2-1/2 or more acres in incorporated areas. Minnesota Statutes 2003, 103F.511 Minnesota Statutes 2003= Table o1' Chapters Table of contents for Chapter 103F Page I of 2 103F.511 Definitions. Subdivision 1. Applicability. The definitions in this section apply to sections t03F.505 to 103F.535. Subd. 2. Board. "Board" means the Board of Water and Soil Resources. Subd. 3. Conservation easement. "Conservation easement" means a conservation easement as defined in section 84C.01. Subd. 4. Conservation reserve program. "Conservation reserve program" means the program established under section 103F.515. Subd. 5. Drained wetland. "Drained wetland" means a former natural wetland that has been altered by draining, dredging, filling, leveling, or other manipulation sufficient to render the land suitable for agricultural crop production. The alteration must have occurred before December 23, 1985, and must be a legal alteration as determined by the commissioner of natural resources. Subd. 6. Landowner. "Landowner" means an individual or entity that is not prohibited from owning agricultural land under section 500.24 and either owns eligible land or is purchasing eligible land under a contract for deed. Subd. 7. Marginal agricultural land. "Marginal agricultural land" means land that is: (1) composed of class IIIe, IVe, V, VI, VII, or VIII land as identified in the land capability classification system of the United States Department of Agriculture; or (2) similar to land described under clause (1) and identified under a land classification system selected by the board. Subd. 8. Public waters. "Public waters" means waters and wetlands as defined in section 103G.005, and inventoried under section 103G.201. Subd. 8a. Riparian land. "Riparian land" means lands adjacent to public waters, drainage systems, wetlands, or locally designated priority waters identified in a comprehensive local water plan, as defined in section 103B.3363, subdivision 3. Subd. 9. Sensitive groundwater area. "Sensitive groundwater area" means a geographic area defined by natural features where there is a significant risk of groundwater degradation from activities conducted at or near the land surface. These areas may be identified by mapping or other appropriate methods determined by the commissioner of natural resources and the Board of Water and Soil Resources. Wellhead protection areas may be designated as a sensitive groundwater http://www.revisor.leg.state.mn.us/stats/103F/511 .html I/22/2004