City Scheduled to Vote on a New SWPO Ordinance Monday, January 10th (1/9/2022)

On Monday night, January 10th, the Mayor and City Council are scheduled to vote on a significantly revised Surface Water Protection Overlay proposal. A prior version was the subject of a public hearing on December 6th, where numerous practical, legal, and policy problems were raised. This past Friday afternoon, the city released a new version that makes two significant changes but leaves other issues unresolved. Click here for a copy.

The good news is that the revised version drastically reduces the scope of the proposal, limiting it to properties that are one acre or more or are “new major subdivisions”. Most individual homes are now exempt, although it is still unclear who and what is covered. And, several confusing mandates in the prior version were dropped. Unfortunately, the proposal still fails to address the fact that the proposed ordinance relies upon a statutory interpretation that is contrary to the actual wording of state law. Click here for an explanation of this last issue submitted to the City by Dennis Reardon.