6B - Valerie Dwight, Construction without a Permit

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City Of Pe not Planning :Zonin From: Pohl, Keith-Baader, MN'[keith.pohlmn.nacdnet.net] Sent: Thursday,August 02, 2007 91:29 AM To: City Of Pequot Planning &Zoning Subject: RE:Valerie Dwight As long as it is on posts within the wetland portion, it would not be considered fill and would not be regulated by the Wetland Conservation Act. It may be an issue that you would like to address in your ordinance. Keith -----Original Message---- From: City Of Pequot Planning & Zoning [mailto:dbittner @pequotlakes-mn.gov] Sent: Thursday, August 02, 2007 11:17 AM To: Pohl, Keith - Baxter, MN Subject: RE: Valerie Dwight They did not bring in any more fill or move any authorized fill around. Essentially, they built wood decking from the RV over the permitted parking pad. Then they added decking 9 feet X 27 feet to the east, which is elevated over the wetland on posts. They also added decking 4 feet X 20 feet to the north, also elevated. They now have 323 square feet more usable space. I hope that helps. Dawn Buttner Zoning Administrator City of Pequot Lakes ----Original Message---- From: Pohl, Keith - Baxter, MN [mailto:keith.pohl @mn.nacdnet.net] Sent: Thursday, August 02, 2007 10:58 AM To: City Of Pequot Planning & Zoning Subject: RE: Valerie Dwight Good morning Dawn, I have a couple of questions before I can give you a recommendation. The photos help, but are unclear as to these items. 1. Did they bring in more fill or move the authorized fill around to cause more wetland fill? They were only authorized by the City to fill a specified amount of wetland. If any more wetland is filled, it would be a violation because they no longer have any exemptions. 2. Are the deck sections elevated above the wetland? The Wetland Conservation Act's definition of fill does not include posts and pilings for linear projects, walkways, , boathouses, etc. The County Attorney has interpreted this to include the placement of pilings for the construction of a house, if the house is elevated. Subp. 18. Fill. "Fill" means any solid material added to or redeposited in a wetland that would alter its cross-section or hydrological characteristics, obstruct flow patterns, change the wetland boundary, or convert the wetland to a nonwetland. It does not include posts and pilings for linear projects such as bridges, elevated walkways, or powerline structures, or structures traditionally built on pilings such as docks and boathouses. It does include posts and pilings that result in bringing the wetland into a nonaquatic use or significantly altering the wetland's functions and values, <such as the construction of office and industrial developments, parking tructures, restaurants, stores, hotels, housing projects, and similar structures. It bes not include slash or woody vegetation, if the slash or woody vegetation originated from vegetation growing in the wetland and does not impair the flow or circulation of water or the reach of the wetland. 1