§ 20-412. Buffer strips required.

(a)

Before release of final plat, the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip. The easement must describe the boundaries of the wetland and the wetland buffer strips.

(b)

Building structures, paving, mowing, introducing non-native vegetation, cutting, filling, dumping, disposing of yard waste, fertilizing, or tampering with the monuments within buffer strips is prohibited.

(c)

Additional wetland impacts shall not be allowed for the creation of buffer strips.

(d)

The use of meandering buffer strips to maintain a natural appearance is encouraged.

(e)

Where roadways are constructed next to a wetland, a buffer strip shall be maintained.

(f)

Where acceptable natural vegetation exists in a wetland and adjacent buffer strip, the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation. A wetland and/or buffer strip has acceptable vegetation if it is dominated by native tree, shrub, or grass species, and has not been used for agricultural production in the last five years.

(g)

The WCA agent may deny the use of existing vegetation for the use of buffer strips if:

(1)

It is dominated by any species on the state noxious weed list as defined by M.S. § 18.76-18.88. These species include species such as leafy spurge, spotted knapweed, purple loosestrife, and common and glossy buckthorn;

(2)

It is present on unstable slopes, has significant bare soil, displays a history of erosion problems, is prone to gully formation, or does not function for sediment and nutrient removal;

(3)

Any areas were used for agricultural production in the last five years; or

(4)

The buffer strip is disturbed or altered.

(h)

If an area is deemed to be unacceptable in its current state, a wetland buffer landscaping plan must be submitted to the WCA agent. This plan shall include at a minimum a:

(1)

Plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing. Existing buffer strips shall be identified and marked to prevent accidental disturbances.

(2)

Specification as to what seed mixture will be used, or what trees and/or shrubs will be planted and their locations.

(3)

Verification that all seed stock and tree species are native to Minnesota and are of local ecotypes.

(4)

Detailed specification that identifies the project schedule, materials, installation or seeding instructions, and costs.

(5)

Maintenance schedule that describes the activities that will occur for at least the first two years. This should include a schedule of mowing and spot spraying for weeds if an area is seeded. Plans that call for periodic burning shall have additional details and must have special permission prior to installation.

(6)

Detail of all best management practices (BMPs) and erosion control plans.

(7)

Plan identifying the locations of buffer strip markers.

(i)

The city may, at their discretion, require a cash escrow or letter of credit up to 110 percent of the cost to reestablish the buffer strip should it not be successful, not be maintained, or otherwise require city intervention to maintain the ordinance requirements.

(Ord. No. 449, § 2, 5-14-07)