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<br />Water-oriented accessory structure or facility means a small, above ground building or other improvement,
<br />except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water
<br />feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of
<br />such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached
<br />decks.
<br />Waters of the state, as defined in Minn. Stats. § 115.01, subd. 22, means all streams, lakes, ponds, marshes,
<br />watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
<br />bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are
<br />contained within, flow through, or border upon the state or any portion thereof." Disposal systems or treatment
<br />works operated under permit or certificate of compliance of the Minnesota Pollution Control Agency are not
<br />"waters of the state."
<br />Watershed means the area drained by the natural and artificial drainage system, bounded peripherally by a
<br />bridge or stretch of high land dividing drainage area.
<br />Wet detention facility means a permanent manmade structure for the temporary storage of runoff that
<br />contains a permanent pool of water.
<br />Wetlands means either:
<br />(1) An area where water stands near, at or above the soil surface during a significant portion of most
<br />years, saturating the soil and supporting a predominantly aquatic form of vegetation and which may
<br />have the following characteristics:
<br />a. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrubland,
<br />southern lowland forest (lowland hardwood) and northern lowland forest (conifer swamp)
<br />communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7 and 8
<br />described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S.,
<br />1956").
<br />b. Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and mulch).
<br />c. Soil which is water logged or covered with water at least three months of the year.
<br />d. Swamps, bogs, marches, potholes, wet meadows and sloughs are wetlands, and property may be
<br />shallow waterbodies, the waters of which are stagnant or actuated by very feeble currents and
<br />may at times by sufficiently dry to permit tillage but would require drainage to be made arable.
<br />The edge of a wetland is commonly that point where the natural vegetation changes from aquatic to
<br />predominantly terrestrial.
<br />(2) Those areas that are inundated or saturated by surface water or groundwater at a frequency and
<br />duration sufficient to support, and that under normal circumstances do support, a prevalence of
<br />vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
<br />marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not
<br />waters of the state. Wetlands must have the following attributes:
<br />a. A predominance of hydric soils;
<br />b. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient
<br />to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil
<br />condition; and
<br />c. Under normal circumstances support a prevalence of such vegetation."
<br />
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<br />(Supp. No. 10, Update 2)
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