Agenda Packets - 1982/09/27 - Laserfiche WebLink

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MEMO TO: Mayor and City Council FROM: City Attorney Richard Meyers DATE: September 23, 1982 SUBJECT: CHAPTER 48 - WETLANDS The proposed Chapter 48 is one of several official controls to be adopted by the City, and the authority for such controls is under its general police power to protect the public health, safety, and welfare of the community. This general power has long been recognized by the courts. The City will be regulating the use of property, but will not be acquiring property rights or rights of ownership. The State has several statutes relating to water management, wetlands, and public waters. M.S. 105 defines wetlands and indicates that the state has adminis- tration over the use, allocation, and control of wetlands in excess of 2-1/2 acres or more (in the City). In that statute the City can establish restrictions upon public access to any wetlands from city or county roads abutting wetlands. M.S. 473.879 contemplates a Water Management Plan, authorizing local official controls and provides that the local comprehensive plan be amended to reflect such controls. It also provides for review and approval by the Rice Creek Watershed District for consistency. M.S. 462.352 provides for official controls by virtue of zoning regulations. It provides for a comprehensive plan (462.355) and for plan effectuations (462.357). Subdivision controls are authorized (462.358) and a public facilities plan can be implemented by a major thoroughfare plan and a community facilities plan (462.359). To implement the Wetlands Ordinance as a zoning control then the provisions of 462.357 should be followed (public hearing, after 10 days published notice - mailed notice not necessary if over five acres of land or more are involved), amendment of the comprehensive plan to conform to the official control (see memo on Rochester Association's case). If the Council intends to adopt Chapter 48 as a police power regulation then the usual procedure for adopting ordinances should be followed (two readings, publication, and no formal hearings).