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As the City of Pequot Lakes is the Local Government Unit, the City has the authority to administer the provisions of the Wetland Conservation Act.At this time,the SWCD is primarily charged with administering the WCA. As the LGU, the City has the ability and latitude to be more restrictive than the provisions of the WCA.In being more restrictive,the City can require a permit, set wetlands setbacks, or prohibit wetland fill of this type altogether. The Staff recommends that the City be more restrictive than the current regulations by requiring a variance for all wetland fill projects, regardless of whether they require a permit by WCA statutes. As such the Staff proposes the following Ordinance Amendment to require variances for wetland fill projects.A variance would be required in addition to any permits required by the Wetland Conservation Act, if any are required. The SWCD would continue to be responsible for the administration of the WCA. Planning Commission Direction; The Planning Commission can recommend that the City Council approve the proposed Ordinance Amendment. The Planning Commission can choose not to recommend rezoning the property at this time,or the Commission can table this rezoning to allow for the gathering of more information. Proposed Ordinance Amendment:The Staff proposes the following changes to Section 7.13 Grading of the Land Use Ordinance.Additions are underlined and deletions are stricken. Section 7.13 Grading. 1. General.The following activities must be authorized by permit,as detailed herein.except for excavation for permitted structures,drives,sewer systems,and parking areas: A. Grading and filling in the shore or bluff impact zone. B. Grading and filling of wetlands. C. Grading the bed of public waters. D. Any alterations of the natural topography when the slope of the land is toward a public water or watercourse involving the movement of more than 10 cubic yards of material in a bluff or shore impact zone or more than 5o cubic yards of material anywhere else within a shoreland area. E. Any alteration outside of the shoreland area where the amount of grading exceeds Soo cubic yards. 2. Conditions.The following conditions shall apply: A. The smallest amount of bare ground is exposed for as short a time as feasible. B. Four inches of topsoil is placed,temporary ground cover such as mulch is used, and permanent ground cover such as sod is planted. C. Methods to prevent erosion and trap sediment are employed. D. Fill is stabilized to acceptable engineering standards and must not create an unstable slope. E. Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professional for continued slope stability and must not create finished slopes of 30%or greater. F. Fill or excavated material must not be placed in bluff impact zones. G. Fill placed in a public water below the ordinary high water line requires a DNR Waters Permit and a Corps of Engineers Permit. H. Excavation in the bed of public waters requires a DNR Waters Permit and a Corps of Engineers Permit. I. Only clean fill consisting of sand, gravel, or rock will be allowed where contact with water is anticipated.Mineral soil may be allowed elsewhere. City of Pequot Lakes Staff Report 6-2 September 21,2oo6