Loading...
9.b) Administration of Wetland Conservation Act Meeting Date: 4/20/2010 Agenda Item: . , ��;� �� � 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