City Council Resolution 1992-38RESOLUTION 92-38
RESOLUTION COMMENTING ON PROPOSED
PERMANENT RULES IMPLEMENTING THE
WETLAND CONSERVATION ACT OF 1991
WHEREAS, the City of Monticello is the Local Government Unit responsible for
administering the interim rules through July 31, 1993, and;
WHEREAS, the City of Monticello will become the local government responsible for
administering the permanent rules implementing the Wetland Conservation Act, and;
WHEREAS, the City Council has reviewed the proposed permanent rules
implementing the Wetland Conservation Act of 1991;
WHEREAS, the State of Minnesota Board of Water and Soil Resources is accepting
comments on the permanent rules and is interested in public testimony on every
element of the rule.
LET IT, THEREFORE, BE RESOLVED that the City of Monticello submits the
following comments on the proposed permanent rules implementing the Wetland
Conservation act of 1991.
1. General Comments. The City of Monticello supports the intent of the
legislation but is troubled by the extensive requirements for the
implementation of the law. In general, the rules are highly technical and
understandable only after careful study and training. The average citizen will
find it very difficult to understand the rules and follow the processes outlined.
The ability of the LGU to efficiently and effectively administer the no net loss
program will be hampered by sheer complexity of the rules. Local government
commitment to proper administration of the rules will not likely occur without
considerable funding assistance from the State of Minnesota.
2. Replacement Ratio. Requiring wetlands in urban areas to be replaced at a
ratio of 2 acres replaced for every acre lost is not reasonable (page 55).
According to the rules, wetlands in urban areas must be replaced at a 2 to 1
ratio because created wetlands do not have the same value as the original
wetlands. The City of Monticello contends that created wetlands can have a
high value if designed and constructed properly. The City of Monticello would
support the option of maintaining a 1 to 1 ratio for wetlands lost in urban
areas when they are replaced with created wetlands that meet a minimum
criteria.
Resolution 92-38
Page 2
3. Created Wetlands/Banking (pages 74, 76). The draft rules state that only
restoration porjects are eligible for banking purposes. Created wetlands are
only eligible to offset impacts on a site specific basis. The City of Monticello
would support a change in rules which would allow banking of created
wetlands that meet minimum criteria. Design measures can be taken to
assure that water structures are constructed in a manner that result in
creation of wetlands. The rules should, therefore, include a provision allowing
certain created wetlands to be banked. A major role of the technical panel
should include review of design of created wetlands for adherence to qualifying
requirements.
4. Limits on Municipal Fees. The City supports charging plan review fees in
the amount equal to cost. The City objects to artificial limits being placed on
plan review fees.
Adopted this 14th day of December, 1992.
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Mayor
City Administr or