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Memo <br />Attachment B <br />Randall and Goodrich, EL. C. <br />To: RAMSEY CITY COUNCIL <br />RAMSEY PLANNING CO1VI IISSION <br />CC: KURT UL1UCH, CITY ADMINISTRATOR <br />From: WILLIAM K. GOODRICH, CITY ATTORNEY R STRIPS -WREN <br />Re: SECTION 9.26.06 OF CITY CODE TITLED "WETLAND BUFFER <br />Date: MARCH 25, 2009 <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 />Req uired ". This subsection forms a part of the City's Comprehensive Wetland Protection regulation <br />which is Section 926: <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 depend on <br />Management Classification. (subd. 6.) Variances regarding the width may be grant by <br />the Wetland Manag <br />the City. (City Code subsection 9.27.07) The initial land subdivision applicant is responsible to <br />in the buffer strip. (City Code subsection 9.26.06 subd. 4.),,Subsequent purchasers do not need <br />�� <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, <br />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 />Inverse condemnation is "[tjhe popular description of a cause of action against a governmental <br />defendant to recover the value of property which lhac been taken in fact by the governmental <br />defendant, <br />even though no formal exercise of the power of eminent domain has been attempted by the <br />1974) (citations omitted). <br />taking agency." Alevizos v. Metropolitan Airport, 216 N.W.2d 651 (Minn. ) ( ratted). <br />The property is deemed to be taken if the owiier of the property has been "deprived of the p <br />—212— <br />39 <br />