9.b) Administration of Wetland Conservation Act Meeting Date: 4/20/2010
Agenda Item:
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C�ty Counc�l Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274 .
Action Requested: Adopt two resolutions relating to administration of the Wetland
Conservation Act(WCA.)
Deadline/ Timeline: N/A
Background: • The City currently serves as the LGU (local government unit)
responsible for administering the requirements of the WCA for all
of Scandia, except that portion of the city within the Rice Creek
Watershed District(the District is the LGU in that small portion of
the city.) The other two watershed districts covering Scandia are
not LGUs for implementation of the WCA.
• The Board of Soil and Water Resources (BWSR) has requested
that all LGUs review and update their resolutions for
administration of the WCA.
• Two resolutions have been prepared based on BWSR templates.
The first resolution accepts authority and administrative
responsibility for the WCA. The second resolution explains what
decisions are delegated to staff, and which decisions will rest with
the City CounciL The resolution reflects the current practice.
• The City uses the services of Washington Conservation District
(WCD) staff for technical expertise in administering the WCA.
The most recent contract with WCD for 2010/2011 was approved
at the April 6 City Council meeting.
• Jyneen Thatcher of the WCD will be present at the Apri120, 2010
Council meeting to answer questions.
Recommendation: I recommend that the Council adopt the resolutions.
Attachments/ • Draft Resolutions 04-20-10-04 and 04-20-10-OS
Materials provided:
Contact(s): Jyneen Thatcher, Wetland Specialist
Washington Conservation District
651 275-1136 x 25
Prepared by: Anne Hurlburt, Administrator
(WCA Administration)
Page 1 of 1
04/12/10
RESOLUTION NO. 04-20-10-04
CITY OF SCANDIA,MINNESOTA
RESOLUTION ACCEPTING AUTHORITY FOR AND ADMINISTRATION OF THE
MINNESOTA WETLAND CONSERVATION ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local
government units (LGUs) to implement the rules and regulations promulgated by the Board of
Water and Soil Resources (BWSR)pertaining to wetland draining, filling and excavation; and
WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in accordance
with the rulemaking provisions of Minnesota Statutes, chapter 14, for the purpose of
implementing WCA; and
WHEREAS, the City of Scandia agrees to provide knowledgeable and trained staff with
expertise in water resource management to manage the program as required by Minnesota Rule
8420.0200, Subpart 2, Item B; and
WHEREAS, Minnesota Rule 8420.0200, Subpart 2, Item A requires that each LGU of
the State send a written acknowledgement, including a copy of the adopting resolution, to BWSR
that it is assuming its responsibilities under chapter 8420 and the act;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COiJNTY, MINNESOTA,that the City of
Scandia hereby accepts the authority and administrative responsibility to implement WCA as the
LGU within the legal boundaries of the City of Scandia except that portion of the city within the
boundaries of the Rice Lake Watershed District, as of Apri120, 2010 in accordance with
Minnesota Rules, Chapter 8420.
Adopted by the Scandia City Council this 20th day of April, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/Clerk
RESOLUTION NO. 04-20-10-OS
CITY OF SCANDIA, MINNESOTA
RESOLUTION REGARDING THE ADMINISTRATION OF THE
MINNESOTA WETLAND CONSERVATION ACT
WHEREAS, the City of Scandia has accepted the authority and administrative
responsibility to implement the Wetland conservation Act (WCA) within the legal boundaries of
the City of Scandia except that portion of the city within the boundaries of the Rice Lake
Watershed District, in accordance with Minnesota Rules, Chapter 8420; and
WHEREAS, the City of Scandia is authorized by Minnesota Administrative Rules Part
8420.0200, Subpart 2, Item C, to delegate certain functions with regard to implementation of
WCA, including the authority to make decisions on applications to its staff; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA:
• that decision-making authority for WCA exemption, no-loss,wetland boundary and
type and sequencing applications is delegated to the city staff or their designate,
including the Washington Conservation District or consulting engineer by contractual
agreement;
• that staff may request that the City Council exercise decision-making authority for
exemption, no-loss, wetland boundary and type and sequencing applications, in cases
such as,but not limited to, the following: controversial projects, disputes with land
owners or when an application is recommended for denial;
• that decision-making authority for replacement plan and wetland banking
determinations is retained by the City Council of the City of Scandia; and
� that appeals of staff decisions will be heard by the City Council.
Adopted by the Scandia City Council this 20th day of April, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/ Clerk