10-22 Bill No. 2024-10 RevisedBILL NO. 2024-10
AN ORDINANCE AMENDING CHAPTER IV OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO WETLAND PROTECTION
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter IV, Section 427 of the Richfield Code of Ordinances is
amended as follows:
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 and full compliance with federal,
state, and local wetlands laws.
427.023. 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), except for those areas of the City under the jurisdiction of the Nine Mile Creek
Watershed District (NMCWD), where the NMCWD is the LGU.
The City Council hereby delegates decision-making authority for exemption, no-
loss, wetland boundary and type, replacement plan, and wetland banking determinations
to the Water Resources Engineer, pursuant to Minn. R. 8420.0200, subp. 2(B) & (C).
The procedure for appeals and public hearings at the local level is as described in
subsection 427.0806.
427.035. Buffer. Watershed District Requirements.
Subdivision 1. Persons draining, filling or dredging wetlands within the jurisdiction
of the Minnehaha Creek Watershed District are required to meet the additional
requirements set forth in the Wetland Protection Rule of the Minnehaha Creek Watershed
District. Within the jurisdiction of the Minnehaha Creek Watershed District, no activity
requiring a permit under the WCA or the Wetland Protection Rule of the Minnehaha Creek
Watershed District will be permitted without providing for a buffer meeting the
requirements of Minnehaha Creek Watershed District Rules or City Code, Subsection
429.06. (Amended, Bill No. 2011-26) 427.04.
Subdivision 2. Within the boundaries of the Nine Mile Creek Watershed District,
buffers shall conform to the requirements of the NMCWD Rules.
427.046. Wetland Buffer Requirements
Subdivision 1.
(a)Within the Minnehaha Creek Watershed District, required buffer width
shall be based on the management class of the wetland established by
the District’s Functional Assessment of Wetlands, as most recently
updated. Alternatively, an applicant may determine management class
by applying the Minnesota Routine Assessment Method (current
version). A Base Width is established and may be reduced on the basis
of favorable slope or soil condition, but not below the Base Width
Minimum, each as follows:
Management Class Base Width Base Width Minimum
Preserve 75 feet 67 feet
Manage 1 40 feet 34 feet
Manage 2 30 feet 24 feet
Manage 3 20 feet 16 feet
(b)An applicant is not obligated to acquire property or right -of-way to meet
the applicable buffer width under this rule.
(c)Buffer width at any point may be reduced to no less than 50 percent of
Base Width, provided total buffer area is maintained and the applicant
demonstrates that the buffer will provide wetland and habitat protection
at least equivalent to a buffer of uniform Base Width. In calculating total
buffer area, buffer wider than 200 percent of Base Width is not
considered.
(d)The City may accept a shortfall in total buffer area if the applicant
demonstrates that proposed buffer conditions will provide function and
value equal to or greater than that which a buffer of required area would
provide. The demonstration is to be made using the Minnesota Routine
Assessment Method (current version) or other method approved by the
District.
(e)The buffer width for New Principal Residential Structures is 25 percent
of the distance between the proposed structure at the point that it is
nearest to the wetland and the wetland, or 25 feet, whichever is greater.
Notwithstanding the foregoing, the required buffer will not exceed the
Base Width or render a property unbuildable.
427.057. 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. Persons draining, filling or dredging wetlands within the
jurisdiction of the Minnehaha Creek Watershed District are required to meet the
additional requirements set fourth in the Wetland Protection Rule of the Minnehaha
Watershed District. (Amended, Bill No. 2011-26)
Subd. 2. (Repealed, Bill No. 2011-26)
Subd. 3. (Repealed, Bill No. 2011-26)
Subd. 4. (Repealed, Bill No. 2011-26)
427.068. Appeal Process
Subdivision 1. A WCA determination issued by the City is final unless
appealed in writing within 30 days of the postmarked date of the mailing of a notice
of decision.
Subdivision 2. The parties eligible to appeal are the landowner, any of
those required to receive notice of the decision, or 100 residents of the City.
Subdivision 3. Appeals shall be submitted in writing to the Water
Resources Engineer. Upon receipt of an appeal, a public hearing shall be held
within 30 days. The City Council shall vote at the hearing to determine whether to
accept the appeal or uphold the initial determination. Determinations made by the
City Council are final unless appealed within 30 days after the postmarked date of
the mailing or date of sending by electronic transmission to the Board of Water and
Soil Resources, per Minn. Stat. § 103G.2242, subd. 9; Minn. R. 8420.0905, subp.
3.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter.
Adopted by the City Council of the City of Richfield on this 22nd day of October, 2024.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk