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<br />Attachment B <br /> <br />Randall and Goodrich, RL. C <br /> <br />Memo <br /> <br />To: RAMSEY CITY COUNCIL <br />RAMSEY PLANNING COMMISSION <br /> <br />CC: KURT ULRICH, CITY ADMINISTRATOR <br /> <br />From: WILLIAM K. GOODRICH, CITY ATTORNEY <br /> <br />Re: SECTION 9.26.06 OF CITY CODE TITLED "WETLAND BUFFER STRIPS-WHEN <br />REQUIRED" <br /> <br />Date: MARCH 25, 2009 <br /> <br />At the City Council meeting on February 24, 2009 a discussion was held regarding the legal <br />validity of subsection 9.26.06 of City Code which subsection is titled "Wetland Buffer Strips-When <br />Required". This subsection forms a part of the City's Comprehensive Wetland Protection regulation <br />which is Section 9.26. <br /> <br />Ramsey City Code subsection 9.26.06 creates the requirement that Wetland Buffer Strips be <br />established for new lots of record after November 14,2005. The length of a buffer strip depends on <br />the Wetland Management Classification. (subd.6.) Variances regarding the width may be granted by <br />the City. (City Code subsection 9.27.07) The initial land subdivision applicant is responsible to <br />maintain the buffer strip. (City Code subsection 9.26.06subd. 4.) Subsequent purchasers do not need <br />to maintain the buffer strip; however, unless otherwise approved by the City, the following activities <br />are prohibited on the buffer strip: mowing; cutting of woody vegetation; filing, grading or excavating; <br />disposal of yard waste; placement of structures; application of herbicides. (subd. 5.) The issue IS <br />whether these prohibitions are constitutionally permitted or are they a taking of private property <br />\ resulting in "inverse condemnation." <br /> <br />Inverse condemnation is "[t]he popular description of a cause of action against a goveimnental <br />defendant to recover the value of property. which has been taken in fact by the governmental <br />. defendant, even though no formal exercise of the power of eminent domain has been attempted by the <br />taking agency." Alevizos v. Metropolitan Airport, 216 N.W.2d 651 (Minn. 1974) (citations omitted). <br />The property is deemed to be taken if the owner of the property has been "deprived of the practical <br /> <br />39 <br />