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Sec. 90-139. Wetlands protection district. The wetlands protection district of the city is all that land located in the city that has a predominance of hydric soils, are inundated by surface water or groundwater at a frequency and duration to support a prevalence of hydrophilic vegetation typically adapted for life in saturated soils conditions, and under normal circumstances, support a prevalence of such vegetation. The district does not include public waters wetlands as defined in Minn. Stats. § 103G.005, subd. 15a. (1) Determination of land located in the city's wetlands protection district shall be based on the January 1989 edition of Technical Report Y-82-1, Army Corps of Engineers Wetland Delineation Manual, and is subject to approval of the city engineer or designated alternate. Where there is any dispute to the correct delineation of a wetland area, the property owner may request, in writing, a determination of the boundary be made by a technical evaluation panel to consist of three individuals chosen for their technical expertise: one each appointed by the board of soil and water resources, the watershed district of jurisdiction, and the city engineer. Such request must be made prior to the city council approving or denying any land use request. Once approved by the city council, the delineation made by the technical evaluation panel shall be the official record of the city. (2) It is unlawful for any person to fill, excavate, alter, or drain, or to allow the fill, excavation, alteration, or drainage of any land within the wetland protection district, except in conformance with this chapter. No building or structure may be constructed or placed in the wetland protection district except in conformance with this chapter and state law. (3) Those uses and activities specified in Minn. Stats. §§ 103G.2241, 103G.231 and 103G.2364 are permitted accessory uses in the wetlands protection district to the extent allowed by law. (4) Fill, excavation, alteration, and drainage of wetlands may be allowed by conditional use permit, subject to an approved wetlands replacement plan prepared in accordance with Minn. Stats. § 103G.222 and/or Minn. Stats. § 103G.2242. The wetlands replacement plan shall be considered concurrently and as part of the conditional use permit. (Prior Code, § 1155-050.1)