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2010-17CITY OF RICHFIELD BILL NO. 2010-17 AN ORDINANCE RELATING TO WETLAND PROTECTION; AMENDING CHAPTER IV OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter IV of the Richfield City Code is amended by adding the following Section: Section 427 -Wetland Protection 427.01. Purpose. The purpose of this section is to achieve the policies described in the city's surface water management plan relating to wetland management. 427.03. Administration. The City will act as the Local Government Unit (LGU) for administration of the Wetland Conservation Act, Minnesota Statutes, Sections 103G.221 through 103G.2372 (WCA). 427.05. Buffer. No activity requiring a permit under the WCA will be permitted without providing for a buffer meeting the requirements of City Code, Subsection 429.06. 427.07. Wetland filling, draining and dredging regulations. The Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules, chapter 8420, as amended, are incorporated as part of these regulations and shall govern draining, filling, and dredging in wetlands with the following additional requirements: Subdivision 1. Replacement for excavation in wetlands that is not subject to the WCA shall be at a ratio of one acre of replaced wetland for each acre of excavated wetland, but only where such excavation is in wetlands within the jurisdiction of the Minnehaha Creek Watershed District. Subd. 2. Wildlife habitat. Excavations in wetlands for the purposes of wildlife habitat enhancement must comply with the criteria described in the DNR publication "Excavated Ponds for Waterfowl" (1992). Subd. 3. Wetland improvement. Excavation shall be deemed self- replacing if an applicant demonstrates that the wetland to be excavated is 1 degraded; the proposed activity would increase the wetland's function and value, as determined using the current version of the Minnesota routine Assessment Method or other method approved by the City; and the enhanced wetland function and value are likely to be preserved. Subd. 4. Replacement wetlands. Wetland replacement, where permitted, shall occur in the same subwatershed as the associated wetland impact when the wetland impact is within the jurisdiction of the Minnehaha Creek Watershed District. Sec. 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 14t" day of September, 2010. c Debbie Goettel, Mayor ATTEST: Nancy Gibbs ity Clerk 2