HomeMy WebLinkAboutA002 - Letter to Mayor and Council dated July 5, 1991 from City Attorney Ii jt
CITY OF AMES , IOWA 50010
July 5, 1991
The Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: City Role in Federal and State Wetland Regulations
Dear Mayor Curtis and Council Members:
At the conclusion of the Council 's meeting of July 2nd, it was asked by
Council Member Hoffman that I provide a report on the City's role, if any, in
connection with State and Federal regulations of wetlands.
You have previously been provided a report of the contents of Section 108 of
the Code of Iowa. This is a state program that will eventually result in the
completion of a survey and mapping of all the wetlands in the state as that
term is defined in the statute. The City has no role to play in that program
at this time.
The permit required from the Corps of Engineers for filling or draining a
wetland pursuant to 33 U.S. Code, Section 1344, has some provision for notice
to cities for review and comment when a federal permit is applied for. Other
than that, the City has no role in the program.
Under the 1990 Food Security Act, 16 U.S. Code, Section 3811, agricultural
land is classified and that which is classified as wetland is denied crop
price supports eligibility. The City has no role to play in that program
either.
The wetlands issue relates to the pending matter of a proposed subdivision
plat approval only to the extent that it is relevant to the question of
whether the proposed plat conforms to the provision of the official land use
policy plan of the City. See Section 23.2, Ames Municipal Code.
Yours truly,
Ahn R. Klaus
City Attorney
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
(515) 239-5146
JRK:gmw
cc: Brian O'Connell
AMES - THE CENTER OF IT ALL