6. Discussion on Wetland Setbacks
Staff Report
Date of Meeting: November 1, 2017
To: City Council
From: Neil Soltis, Administrator
Re: Wetland setbacks
Background: The issue of wetland setbacks was raised during the review of the Krause and
Manthey variances from wetland setbacks for the construction of driveways. At the last meeting
the Council requested further discussion on wetland setbacks. The Planning Commiss ion has been
undertaking a review of the proposed DNR model shoreland ordinance which does not include a
setback standard; however the City’s Shoreland ordinance includes the setback requirement. The
Planning Commission will be holding a work session to specifically address the Shoreland ordinance
before its November 14 meeting.
Issue: What direction would the Council like to provide the Planning Commission regarding the
amendments to the wetland setbacks to be included when the shoreland ordinance is updated.
Proposal Details: A draft of Sherri’s report to the Planning Commission is provided for background.
Memorandum
To: Scandia Planning Commission Reference: Shoreland Ordinance—Wetland
Setbacks and Buffers
Copies To: Neil Soltis, City Administrator
Brenda Eklund, City Clerk
Project No.: 16323.000
From: Sherri Buss, Planer, RLA
AICP
Routing:
Date: October 9, 2017
Background
It is timely for the City to review and consider updates to its wetland setback requirement in the
Shoreland Ordinance: 1) the City is currently updating its Shoreland Ordinance; 2) the City has recently
reviewed several requests for variances from the setback requirement, and these have raised
questions about the setback standard; and 3) the State of Minnesota recently adopted a wetland buffer
law (Minnesota Statutes 103F.48) that requires minimum buffers around all public waters, which include
many lakes, streams and wetlands.
Current Wetland Setback Standard
The City’s Shoreland Ordinance includes a requirement in Section 8.1 that structures and septic
systems be setback 75 feet from Unclassifed Waterbodies. Unclassified waterbodies are defined as
any “lake, pond, backwater, swamp marsh, wetland, stream, drainage way, flowage, river, floodplain, or
other water-oriented topographical features not designated as a natural environment lake, recreational
development lake, general development lake, or transition river or tributary stream on the zoning map.
(The water-body classifications come from the DNR’s Shoreland regulations.)
The DNR’s Model Shoreland Ordinance does not include a setback standard for Unclassified
Waterbodes—this standard has been adopted in addition to state regulations by some cities, including
Scandia.
Cities in Washington County have a variety of standards on this issue:
Forest Lake requires a 50-foot structure setback in unsewered areas, and a 20-foot setback in
sewered areas
The City of Hugo has no setback requirement for Unclassified Waterbodies (county setback
requirements for septic systems would apply in unsewered areas)
The City of White Bear lake has no setback requirement for Unclassified Waterbodies (county
setback requirements for septic systems would apply in unsewered areas)
The City of Stillwater requires a 75-foot structure and septic system setback from Unclassified
Waterbodies in unsewered districts, and a 50-foot structure setback requirement on sewered
parcels
Shoreland Ordinance – Wetland Buffers
Scandia Planning Commission Page 2 November 2, 2017
Washington County requires a 75’ setback from Unclassified Waterbodies for sewage tanks and soil
treatment areas for septic systems.
The County’s Shoreland Ordinance includes a required 75’ setback from the Ordinary High Water Level
of Unclassified Waterbodies for structures in unsewered areas (or 20’ from the delineated wetland
boundary—whichever is greater), and a 75’ setback from the OHWL for septic systems. The 20’
requirement is in a footnote referenced by the ** shown in the County ordinance—this reference has
disappeared from Scandia’s Ordinance, which has the ** symbol but no footnote reference.
The wetland setback requirements were created before many communities started to consider Wetland
Buffer regulations. The setbacks seem to have been based largely on sewer system setback
requirements, but were also adopted to protect water body functions such as flood control and wildlife
habitat.
Setbacks prohibit the construction of “structures” within the setback area, but do not prohibit impacts to
vegetation. Trails and flat patio areas are often not defined as “structures.”
The City requires septic systems to follow County regulations and obtain County permits, and therefore
should include the County’s setback requirement for septic systems in its ordinance. However, it may
determine whether it will have a setback requirement for other structures on Unclassified Waterbodies,
and what that setback will be.
Some communities have no structure setback requirements from wetlands (other than septic system
setback requirements), but do have wetland buffer requirements. Hugo’s ordinance includes a
recommendation for a 50-foot buffer in its Landscaping ordinance, but the buffer is not required.
Wetland Buffers—BWSR Guidance
In the 1990’s, cities and watershed districts began to consider requiring wetland buffers. Buffers are
typically defined as “undisturbed land adjacent to shorelines and wetland consisting of native or existing
vegetation” or “unmowed, naturalized strips of vegetation around the wetland perimeter.” Buffers are
typically provided at development or redevelopment.” The Minnesota Wetland Conservation Act did not
require buffers (natural resource agencies decided not to add this requirement to a law that was
controversial fearing that additional regulation would prevent the WCA from being adopted), and left
this option open to local governments and watershed districts.
Buffer width requirements have been developed by many organizations based on wetland functions
and values assessments. Minnesota has developed a standard approach to functions and values
assessments that is completed with wetland delineations.
The Minnesota Board of Water and Soil Resources publication (attached) provide a framework for
Wetland Buffer Standards based on a review of scientific literature that looks at the effectiveness of
buffers for stormwater management and providing wildlife habitat. Their research found that buffer
widths of 50-60 feet generally provide adequate protection from suspended solids for maintaining high
high water quality, and that recommendations for protecting wildlife habitat functions ranged from 50-
600 feet, depending on the quality of habitat adjacent to the wetland.
The BWSR recommendations identify 4 wetland management classes, and recommended buffers for
each. Ranged from the highest quality to wetlands to the lowest, their classifications include:
Shoreland Ordinance – Wetland Buffers
Scandia Planning Commission Page 3 November 2, 2017
Wetland Management Class Buffer Requirement
A – Preserve ≥ 50 feet for water quality; ≥ 100 feet for wildlife habitat
B – Manage 1 35-50 feet. Require monuments to mark the buffer edge
C – Manage 2 25-35 feet. Require monuments to mark the buffer edge
D – Manage 3 25 feet
The BWSR publication discusses the criteria for each of the wetland classifications.
Local Watershed Districts
The Watershed Districts in Scandia have each adopted buffer requirements in their rules. They have
not adopted setback requirements.
1) The Comfort Lake-Forest Lake Watershed District (CLFLWD) Rule 4 includes lake, stream, and
wetland buffer requirements. The rules apply to all lakes, streams and wetlands within the watershed
and are applied at subdivision or a new use is approved through a rezoning or variance.
The Districts wetland buffer standards include:
Water Body Buffer Requirement
Preserve Wetland classification 100 feet
Manage 1 Wetland classification 75 feet
Manage 2 Wetland classification 50 feet
Manage 3 Wetland classification 25 feet
If a lake or wetland is a groundwater-
dependent resource
100 feet
If a stream is a groundwater-
dependent resources
150 feet
CLFLWD buffer requirements may be extended when buffer zones include significant natural
communities, steep slopes, or floodplains.
2) The Carnelian-Marine-St. Croix Watershed District (CMSCWD) standards for wetland buffers
are the same as those used by the CLFLWD.
The CMSCWD permits “buffer averaging” as an option to provide benefits to natural resources, but no
area of the buffer may be less than 25’ in width.
New State Buffer Regulations
Minnesota adopted a buffer law in 2015. The law gives counties or local governments the option to
adopt and enforce the law as part of zoning ordinances or shoreland ordinances. Washington County
is proposing to adopt an ordinance to permit the County to enforce the buffer requirements. Since the
County does not have zoning or shoreland ordinance authority within the cities in the county, it is not
clear whether it can enforce the ordinance outside Township areas. And while the County has said that
the buffer requirement primarily affects agricultural parcels, BWSR has stated that it affects all parcels
on public waters.
Shoreland Ordinance – Wetland Buffers
Scandia Planning Commission Page 4 November 2, 2017
The ordinance requires a minimum 30’ buffer width, and an average 50’ buffer width for all public
waters, i.e. Classified lakes, streams and wetlands. The City should consider this requirement if it
adopts a buffer width requirement in its Shoreland or Zoning Ordinance.
Options to Consider
Setbacks on Unclassified Waterbodies
o Keep the current setback requirement for all structures
o Keep the current 75’ setback requirement for septic systems, but reduce the
requirement for other structures to 50’ or less (width could be based on the
classification of the water body)
o Keep the current 75’ setback requirement for septic systems, but eliminate the
structure setback requirement for other structures
Wetland Buffer Requirement
o Replace the structure setback requirement with a buffer requirement
o Keep or revise the structure setback requirement and adopt a buffer re quirement