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<br />CASE # 3 <br /> <br />PUBLIC HEARING <br />CONSIDER REPEALING WETLAND PROTECTION ORDINANCE; <br />CASE OF CITY OF RAMSEY <br />By: Chris Anderson, Environmental Coordinator <br /> <br />Background: <br /> <br />On October 11,2005, City Council adopted the Wetland Protection ordinance, which went into <br />effect on November 14, 2005. Since the adoption of this ordinance, ~here have not been any <br />residential development proposals subject to these provisions. There have been several <br />COlllIi1ercial projects approved, but none on lands containing wetlands that Staff could use to <br />review and determine the effectiveness of the ordinance. However, as a result of City Council's <br />strategic planning retreat, Staff was directed to bring forth a case for City Council discussion <br />regarding the Wetland Protection ordinance. City Council ultimately directed Staff to schedule a <br />pubiic hearing to'consider repealing the ordinance. <br /> <br />Notification: <br /> <br />The Public Hearing was properly advertised in the official newspaper of the City. <br /> <br />Observations: <br /> <br />The ordinance, as written, is applicable only to new lots of record created after the November 14, <br />2005 effective date. The ordinance requires a strip of vegetation, or a buffer strip, adjacent to the <br />delineated boundary of a wetland. The width of a buffer strip is dependent on the overall quality <br />of a wetland, which was determined using an assessment method known as MnRAM (Minnesota <br />Routine Assessment Method), developed by the Board of Water and Soil Resources (BWSR). <br />The required width of a buffer can range from five (5) feet to fifty (50) feet, dependent on the <br />quality of a wetland, as outlined in the table below: <br /> <br />Management Classification Preserve Mana2:e 1 Manage 2 Manage 3 <br />Wetland Buffer Strip Min. Width 25' 20' 15' 5' <br />Wetland Buffer Strip Max. Width 50' 30' 25' 15' <br />Wetland Buffer Strip Average Widtl1 30' 25' 20' 10' <br />Min. Structure Setback from Buffer Strip 15' 15' 15' 15' <br /> <br />The intent of the ordinance is to maintain andlor improve water quality by utilizing native <br />vegetation, including trees, shrubs, grasses and wildflowers to filter out sediments, nutrients and <br />, ' <br />toxicants from surface water runoff prior to discharge into a wetland. Certain activities, such as <br />placing structures, mowing, and filling are prohibited within the buffer area without a City- <br />approved management plan intended to improve/enhance the buffer area. <br /> <br />Much ofthe discussion at the February 24 City Council meeting focused on the constitutionality' <br />of the ordinance and whether it represented a taking of land. This.raised the que~tion of whether <br />there was case law on this subject and if so, what it said. The City Attorney has researched this <br />issue and his opinion is attached. <br /> <br />27 <br />