Agenda - Council Work Session - 09/13/2011

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DRAFT 8-9-2011 Lower Rum River Watershed Management Organization Wetland Protection Standards Date of Adoption by LRRWMO Effective Date Rationale and Overview Wetlands serve a variety of beneficial functions. Wetlands within the Lower Rum River Watershed Management Organization (LRRWMO) maintain water quality, recharge groundwater, provide wildlife habitat, control rates and volumes of stormwater discharge, reduce flooding, provide open space, and contribute to the area's desirable aesthetics. The roles of greatest interest to the LRRWMO include protecting water quality in downstream recreational waterbodies, groundwater recharge, and wildlife habitat.) Major land use changes during development can have a detrimental effect on these functions_ , Therefore, regulating wetlands and the land uses around them are in the public interest. Applying these standards during major land use changes is in line with other local and state regulatory systems. The LRRWMO Wetland Protection Standards apply only to projects disturbing more than one acre. They focus on the area within 16 feet of the wetland boundary. This area must be protected from disturbance and erosion during the construction process. After construction, restrictions within this area are similar to restrictions cities impose within drainage and utility easements. This area is usually within the drainage and utility easement so in most cases this imposes no new restrictions after construction. These wetland standards also require that vegetation establishment at the conclusion of construction use native plant seeding in certain common spaces (outlots, city owned property, etc.) near wetlands and developed ponding areas (stormwater management areas). Vegetation establishment is already required by cities; the LRRWMO is requiring the use of native plants in certain areas because of the benefits to water quality and wildlife. It applies only to common spaces that are disturbed during the construction process. The extent of native plant seeding should follow the guidance in these wetland protection standards. Native plant seeding is not required in all areas. There are no restrictions on modifying or removing it at a later date. These standards were developed by a Technical Advisory Committee including representation from each LRRWMO community, MN Department of Natural Resources, MN Pollution Control Agency, MN Board of Water and Soil Resources, Metropolitan Council, US Army Corps of Engineers, MN Department of Transportation, Anoka Conservation District, Anoka County Environmental Services, and the Builder's Association of the Twin Cities. These standards will be implemented through the LRRWMO permitting process and each LRRWMO city must adopt standards at least as protective. LRRWMO Wetland Protection Standards page 1 Comment [tl]: HIMMER: We may still want to clarify this with the Board — what did they mean by wildlife habitat? SCHURBON — Agreed, overall. But seems irrelevant for the wetland standards at this point. As written, these standards are pretty weak on wildlife habitat. There's pretty much only one direction they could go from here, and the cities have made it clear they don't want to go more rigorous/protective/onerous. Comment [t2]: HIMMER -This will have to be discussed with the member communities & Board, as currently each City may allow something different and ordinances &policies will need to change for some. SCHURBON — Exactly. The word "similar" is key.