Agenda - Council - 09/22/1981 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I -2- WETLAND - A natural marsh where water stands near, at, or above the soil surface during a significant portion of most years, and which is eligible for classification as an inland fresh water wetland ~¥pe 3, 4, or 5 under U.S. Department of Interior Classifications. (Emphasis added. ) The source of the MPCA staff's interpretation of the terms "lake, pond, or flowage" and "stream" is the Shoreland Management Act (Act), Minn. Stat. §§105.485 et seq. (1980) and the rules, promulgated by the Minnesota Department of Natural Resources (DNR) thereunder. 1/ The Act and the DNR rules promulgated form the bases for Minn. Rule SW-6(1)(a) and (b), which in turn constitute the bases for a portion of the intrinsic suitability criteria. The Act and the DNR rules are further discussed below. One of the purposes of the Act is to preserve the economic and natural environmental value of shorelands. Specifically, Minn. Stat. §105.485 (1980) requires the Commissioner of the DNR to promulgate model standards and criteria for the subdivision, use and development of shoreland. Counties and municipalities are then required to adopt shoreland ordinances which meet the minimum standards established by DNR. The limits of the DNR's authority over shorelands are set forth in Minn. Stat. §105.485, subd. 2(a) (1980), which provides: "Shoreland" means land located within the following distances from the ordinary high water elevation of public waters: (1) Land within 1,000 feet from the normal high watermark of a lake, pond or flowaqe; and (2) land within 300 feet of a river or stream or the landward side of flood plain delineated by ordinance on such a river or stream, whichever is greater. (Emphasis added.) l/ This definition comes into'play at the time of permitting of a solid waste disposal facility under Minn. Rule SW-6(1)(a) and (b) (which forms the basis for criteria numbers 1 and 2 on the flowchard) which prohibits the location fo the fill and trench areas of a sanitary landfill within 300 feet of a stream and 1000 feet' of a lake, pond, or flowage.