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Albemarle County sues Charlottesville over Ragged Mountain Natural Area regulations

County, city disagree on who has jurisdiction over the area

<p>A county ordinance passed in December 1981 prohibits bicycling at the reservoir, which is located within the territory owned by the city. Charlottesville City Council adopted an ordinance Dec. 19, 2016, however, allowing bicycling at the reservoir.&nbsp;</p>

A county ordinance passed in December 1981 prohibits bicycling at the reservoir, which is located within the territory owned by the city. Charlottesville City Council adopted an ordinance Dec. 19, 2016, however, allowing bicycling at the reservoir. 

The Albemarle County Board of Supervisors filed a lawsuit against the Charlottesville City Council on April 20 over which locality can regulate activities in the Ragged Mountain Natural Area. The city owns the Ragged Mountain Natural Area, although the land is located outside of city limits in Albemarle County.

The dispute arose over a city ordinance permitting mountain biking in the area that conflicts with a county ordinance concerning a nearby water supply. The county has filed a complaint for declaratory judgment and injunctive relief.

A county ordinance passed in December 1981 prohibits bicycling at the reservoir, which is located within the territory owned by the city. Charlottesville City Council adopted an ordinance Dec. 19, 2016, however, allowing bicycling at the reservoir. The lawsuit seeks to determine “which locality’s regulations govern recreational activities at the Reservoir,” the complaint says.

Diantha McKeel, chair of the Board of Supervisors of Albemarle County, emphasized how the lawsuit does not reflect negative feelings or relations between the county and the city, but is rather a means to answer a legal question.

“Both the City and County have agreed that this is a question that can only be answered by the court,” McKeel said in an email to The Cavalier Daily. “It requires a legal decision around state code. This constitutional decision cannot be negotiated or mediated; the decision can only be made by a court of law, thus the ‘lawsuit.’”

According to court documents, the county ordinance passed in 1981 permits hiking, picnicking, birdwatching, fishing and other activities on the water of the Reservoir itself but expressly prohibits any activities that are otherwise not explicitly authorized.

The city ordinance from December of last year similarly authorizes hiking, jogging, picnicking, birdwatching and fishing with the addition of “bicycling on designated trails,” according to a copy of the ordinance filed in court.

The city ordinance is in compliance with Virginia Code 15.2-1725, which states “any locality owning and operating [a] … public park, recreational area … and other public property located beyond the limits of the locality shall have and may exercise full police power over the property.”

However, the code further defines that “no ordinance in conflict with an ordinance of the jurisdiction wherein the property is located shall be enacted.”

The county’s regulation of recreational activities at the reservoir intends to prevent any pollution of the public water supply, which is operated by the Rivanna Water and Sewer Authority. Virginia Code 15.2-2109 permits the locality to “prevent the pollution of water and injury to waterworks for which purpose its jurisdiction may extend to five mile beyond the locality.”

The complaint alleges members of City Council and city personnel are “actively encouraging members of the public to ride bicycles on the trails at the Reservoir” against county regulations.

It further alleges that employees of the Charlottesville Parks and Recreation Department are “encouraging members of the public to ride bicycles on the trails at the Reservoir and are constructing trails, or supervising the construction of trails … intended to be used for bicycling.”

Noah Flaxman, a second-year Engineering student and president of the Cycling Club at the University, said he has seen and heard of people using the Ragged Mountain trails, but it is not common due to the uncertainty.

“I think most people are aware of the rules and are trying to avoid using it until it becomes officially allowed, which might take more time now,” Flaxman said.

Flaxman identified other areas frequented by local mountain bikers such as the Observatory Hill trails, Walnut Creek Park and Preddy Creek Park but thinks Ragged Mountain would be a very popular addition.

“I think people would definitely use it because there are already existing trails plus … they’ve put forth plans to build new trails there and with it being so close to town, I think that it would definitely be used by local mountain bikers,” Flaxman said.

The county is requesting city ordinances which conflict with county ordinances to be declared beyond the legal authority of the city and void.

“If Albemarle County wins in Court, then it will be up to the Supervisors to review the ordinances and determine what recreational activities are appropriate,” McKeel said.

The complaint has been filed to Charlottesville Circuit Court and is under review.

Charlottesville Mayor Mike Signer did not return The Cavalier Daily’s request for comment. Signer previously told The Daily Progress the county declined to enter binding arbitration instead of filing the lawsuit. He also described the dispute as “a highly unusual case of ‘dueling ordinances’ by neighboring jurisdictions with differing policy priorities for the Ragged Mountain Natural Area.” 

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