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<br />CASE # 2 <br /> <br />Wetland Protection Ordinance Status <br />By: Chris Anderson, Environmental Coordinator <br /> <br />Background: <br /> <br />As the Board knows, at the February 24 City Council meeting, Staff was directed to schedule a <br />public hearing to consider repealing the Wetland Protection Ordinance. City Council also <br />directed the City Attorney to research case law to determine if the ordinance, as written, is <br />constitutional and if it represented a taking. In the opinion of the City Attorney, the ordinance is <br />not unconstitutional; however, there may be certain instances in which an individual land owner <br />may, based on case specific facts, claim a regulatory taking. The City Attorney's legal opinion is <br />included as Exhibit 1. <br /> <br />Observations: <br /> <br />Public input regarding the ordinance, both in support of and concerns with, was abundant. There <br />was some healthy discussion regarding the ordinance and the common theme that surfaced was <br />that it might be more appropriate to revisit the ordinance and research how it could be improved <br />rather than altogether repealing it. Ultimately, the Planning Commission recommended that City <br />Council not repeal the ordinance but rather initiate a collaborative process to further review the <br />ordinance for opportunities to enhance wetland protection flexibility while still protecting this <br />natural resource. This case, along with the Planning Commission's recommendation, will be <br />presented to City Council at one of their April meetings. <br /> <br />EPB Action: <br /> <br />No action is necessary; this is for informational purposes only. <br /> <br />EPB: 4/6/09 <br />