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MEMORANDUM TO: Zoning and Natural Resources Committee FROM: Brian Standing, Senior Planner SUBJECT: Petition 6740 DATE: February 7, 2001 CC: Jeanie Sieling, Director of Planning & Development Jim Gregorius, Zoning Administrator Dave Gault, Assistant Corporation Counsel Kevin Connors, Land Conservation Ron Fredrick, Applicant Amy Volkmann, Town of Burke This petition has been pending since 1996, when the Zoning and Natural Resources Committee voted to postpone action until "such time as the committee is able to obtain hydraulics information on Token Creek from the Army Corps of Engineers or the Regional Planning Commission." Mr. Fredrick has asked for clarification of this motion in light of the U.S. Supreme Court's recent decision regarding U.S. Army Corps of Engineers jurisdiction over non-navigable wetlands. Wisconsin DNR and Corporation Counsel concur that this decision does not affect the county's authority over non-navigable wetlands under Chapter 11 of the Dane County Code. Chapter 11 prohibits filling and other disturbance on all wetlands, whether navigable or not, that are at least two acres in size, without a rezone out of the wetland overlay district. The Wisconsin Wetland Inventory shows a small portion of the proposed C-2 lot as wetland. Hydric soils, indicative of possible wetland conditions, cover the remainder of the site (see map, attached). A field delineation of precise wetland boundaries would be necessary to determine whether or not Mr. Fredrick's proposed project would require a rezone out of the inland-wetland district under Chapter 11. I would also note that the site is within the Lake Mendota Priority Watershed and should be subject to a stormwater and erosion control plan approved by the Land Conservation Department. I hope this helps clear up any confusion.