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Living with Wetlands

Less than 5% of the US consists of wetlands.  However, Hermantown has extensive wetlands within city limits, with an estimated 30 - 40% coverage.  Long considered wastelands in need of draining and/or filling, wetlands are now recognized as highly specialized landscapes in need of protection.

Wetlands have several functions, including:

Stream Recharge Flood Control
Groundwater Recharge Wildlife Habitat
Pollutant Filtration Aesthetic Value

There are several different types of wetlands found within Hermantown.  The majority of wetlands in Hermantown are shrub or wooded swamps.  These wetlands usually have standing water in the spring but dry out over the summer when there is less rain.  Typical shrubs include willows, red-osier dogwood, and alder.  Typical trees include black ash, tamarack white cedar, black spruce, balsam fir, and red maple.  Other wetlands in Hermantown include wet sedge meadows, shallow ponds, and moss-covered bogs. 

Identifying Wetlands

Not all wetlands have cattails.  In the spring, any land that retains water for over a 2 week period may be a wetland.  In the summer, vegetation is a good indicator of wetlands.  Plants like sedges, iris, bluejoint, alder, willow, black ash, and selected ferns are usually found in wetlands. 

In Hermantown all projects impacting wetlands require a formal wetland delineation.

A wetland delineator approved by the city must evaluate the three principal wetland components:

  • Hydrology: soil must be saturated to the surface for at least 5% of the growing season (typically 2 weeks).
  • Soils: must contain unique characteristics indicating the presence of water.  In Hermantown, much of the soil contains clay which may retain water.  Seasonal wetland soils often have small red iron concentrations, while frequently inundated wetland soil may often be black or gleyed (gray).
  • Vegetation: must be dominated by wetland species.  All plant species have a wetland rating, indicating their preference or avoidance of wetland habitats.

In order to be defined as a wetland, the area must have all three wetland components.  If any component has been altered or is unclear, it is up to the wetland delineator's professional judgment to determine wetland boundaries.  The boundaries should be scientifically defensible and must meet approval of the City of Hermantown, Army Corps of Engineers, and in some instances, the Board of Water and Soil Resources. 

Q: There are wetlands on my property.  What are my landscaping options?

A: There are several options:

  1. Avoid/preserve the wetland.  Leave vegetation natural and landscape around it.
  2. Landscape with adding or removing soil.  Add native wetland plants, shrubs, and trees to achieve your landscaping goals.
  3. Cut and prune the trees and shrubs.
  4. Mow the wetland.

Q: I'm interest in buying land, but am concerned about the wetlands on it.  What should I do first?

A: It would be advisable to seek the advice of an attorney knowledgeable in real estate law.  You can also ask your real estate agent if a professional delineation was performed recently.  To be valid, the delineation should also be on file with the City.  If no delineation is available, suggest that the sellers provide a delineation.  If you already purchased land and are considering building a structure, contact the Planning & Zoning Department at City Hall.  They will likely require a professional delineation before a development agreement or building permit is issued.

Q: The person who sold me my land/home committed wetland violations and/or did not disclose wetland related restrictions at closing.  What can I do now?

A: You should seek the advice of an attorney knowledgeable in real estate law.

Q: What is the wetland impact fee used for?

A: The City uses the wetland impact fee to protect, enhance, restore, create, or otherwise maintain wetlands for the benefit of the community and environment.

Q: How are wetlands legally protected?

A: It is illegal to fill, drain, or excavate wetlands without obtaining a permit.  In Hermantown, the permit applications are available at City Hall and must be processed by the Planning & Zoning Administrator, who refers to the Wetland Technical Evaluation Panel (TEP) for advice.  All applicants are required to avoid wetlands where possible, and minimize wetland impact through site design.  Permits are highly detailed to protect wetlands.  Permit fees are based on the area of impact and a portion of the fees are used to enhance, perserve, create, or restore wetlands in the City.  Anyone illegally altering wetlands in the State of Minnesota is violating the Wetland Conservation Act (1991) and subject to fines, stop work orders, and restoration orders.  The City of Hermantown also has a Comprehensive Wetland Management Plan that promotes wetland preservation.

Q: Can I build with wetlands on my property?

A: You may be able to build, but you will likely be restricted as to the location and size of buildings based on your wetland delineation.  No building is allowed on lots that are 100% wetland.

Q: My yard has delineated wetlands, why doesn't it look like a wetland to me?

A: Wetlands are not always easily identifiable.  Try walking through your wetland in the spring or after a heavy rain.  You may notice the difference between the wetland and the uplands.

Q: How do wetlands benefit my property?

A: During rains, the wetlands help slow down stormwater flow and reduce water and erosion damage to your property.  They retain water that may feed the local creek and provide habitat for birds and other wildlife.

Q: What activity is not allowed within a wetland without a permit?

A: Filling, grading, excavating, and ditching.

Q: Is sod considered fill?

A: Yes.  The City uses the following definition for fill: "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 non-wetland."  This includes: sod, sand, dirt, gravel, ash, debris, construction of buildings, parking lots, and other structures (except piers for an elevated walkway or bridge).  Slash or woody vegetation that originated in the wetland and is not impeding the flow of water is not considered "fill".

 
 
 
   
City of Hermantown