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MEMORANDUM Re: Proposed Regulations of the Valley Branch Watershed District The Lake Elmo Village Council reviewed the proposed regulations of the Valley Branch Watershed District. Following are the Council's comments and objections with respect to those regulations: 1. It appears from Section I, Subd. 3, of the proposed regulations that the Managers of the Watershed District are con- cerned with all construction or related operations within the flood plains of lakes and streams. Specifically, they intend to approve permits for any construction operations, including such matters as grading and filling (see Section IV, Subd. 1 and Section V, Subd. 1 of the regulations). The "flood plain" as described in Section II, Subd. 5 of the regulations is that area along the channel and waterways, including the area around lakes, marshes, and lowlands, which would become inundated as the result of a flood occurring on the average of onceevery 100 years. It is, therefore, important, if the village is to help enforce these regulations, to acquire a map from the Watershed District showing what they believe to be the boundaries of a flood plain within the meaning of that definition. 2. Section III, Subds. 1 and 2 of the regulations appear to require municipal clerks to furnish the Watershed District Managers with a copy of any preliminary plan or proposed plat. Similarly, Section IV, Subd. 1 would require the Village Clerk to provide the Board of Managers with applications for construction permits relating to sites within the flood plain. The Council feels that these subdivisions are objectionable in that any requirement for submitting preliminary plans or proposed plats to the Watershed District for its approval should be placed on the individual, not on the Village Clerk. The Council wants to cooperate as much as possible with the Watershed District and would have no objection to providing the Managers with copies of any plans or proposed plats filed with the Village, however, the Watershed District regulation should place the responsibility for submitting plans or plats for its approval on the individual pro- posing the plat. The Council is also concerned about Section IV, Subd. 1 dealing with application for construction permits.