§ 24-329. Wetlands.

(a)

Purpose and intent. In enacting these provisions, the county intends to protect and maintain existing wetlands within the county through the existing regulations of the U.S. Army Corps of Engineers (COE), the U.S. Environmental Protection Agency (EPA), the Florida Department of Environmental Protection (DEP), and the St. Johns River Water Management District (SJRWMD) or Suwannee River Water Management District (SRWMD), and through the additional restrictions on adjacent development and buffers as described in this section.

(b)

Definitions. The following terms are unique to this section and may be duplicated in article II of this chapter. The inclusion of definitions within this section is intended to guide implementation of development regarding wetlands within the county.

Acronyms.

COE	U.S. Army Corps of Engineers
EPA	U.S. Environmental Protection Agency
FDEP or DEP	Florida Department of Environmental Protection
SARA	Superfund Amendments and Reauthorization Act (regarding title III, Consolidated List of Hazardous Materials)
SJRWMD	St. Johns River Water Management District
SRWMD	Suwannee River Water Management District

 

Buffer (upland buffer requirements for new construction). A minimum 25-foot zone of upland areas with existing native vegetation (tree canopy, understory, and ground cover) shall be required immediately adjacent to wetlands to protect the wetlands from the detrimental impacts of development or land alteration. A wider buffer of up to 50 feet may be required on a site specific basis depending on the characteristics of the particular site (i.e., wetland composition, size and quality, topography, hydrology, soil types, and/or proposed land uses). The buffer shall include the original native vegetation or planted native or compatible garden species where there is no existing vegetation (per comprehensive plan Policy E.1.3.10).

Clearing means the removal of trees and brush from the land, not including the ordinary mowing of grass, trimming of trees and bushes, etc.

Dredging means excavation by any means in waters or wetlands. Dredging also refers to the creation of a new water body intended to be connected to existing water bodies.

Filling means the deposition of materials in wetlands or water bodies.

Mitigation means any action to create, enhance, or restore wetlands required to offset environmental impacts of permitted activities.

Pollution means any substance, contaminant, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels that are or may be potentially harmful or injurious to human health or welfare, animal or plant life or habitat, or property, or that unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

Wetlands means any area subject to the wetlands or landward-extent-of-waters jurisdiction of COE, EPA, FDEP, and SJRWMD or SRWMD or designated as wetlands by the conservation element of the county comprehensive plan.

(c)

Restrictions on development.

(1)

Wetlands. No development activities shall take place in wetlands unless permitted by the COE, EPA, FDEP, SJRWMD, and SRWMD prior to a development permit issuance by the county. The agency permit must specifically address the depth of dredge or fill, the type of permitted fill material, and required open space or mitigation. The density of development shall not exceed that of the underlying land use element or one residential unit per five acres, whichever is less. Any development permitted in wetlands shall be subject to site plan review in which the county shall determine that any development is clustered in the least environmentally-sensitive portion of a site, and of a density or intensity, type of land use, and setback designed to minimize the possibility of pollution of the adjacent wetland. The site plan shall ensure that the natural functions and hydro-period of wetlands shall be maintained. The storage, use, or handling of agricultural chemicals, petroleum products, hazardous or toxic wastes as defined in title 80 of the Code of Federal Regulations, industrial chemicals, medical wastes, wastewater, animal wastes, or landfill materials is prohibited within the wetland.

(2)

Buffers. No clearing or development activities involving the installation of any impervious surfaces shall take place in buffers unless no reasonable use of the property can be made without development in the buffer area. The density of development shall not exceed that of the underlying land use element or one residential unit per five acres, whichever is less. Any development permitted in buffers shall be subject to site plan review in which the county shall determine that any development is clustered in the least environmentally-sensitive portion of a site, and of a density or intensity, type of land use, and setback designed to minimize the possibility of pollution of the adjacent wetland. The storage, use, or handling of agricultural chemicals, petroleum products, hazardous or toxic wastes as defined in title 40 of the Code of Federal Regulations, industrial chemicals, medical wastes, wastewater, animal wastes, or landfill materials is prohibited within the buffer.

(3)

Permitted activities. The following activities and uses are presumed to have an insignificant effect on wetlands protection and are permitted in wetlands and buffers:

a.

Scenic, historic, wildlife, or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Cleared walking trails having no structural components.

d.

Timber catwalks and docks four feet or less in width.

e.

Commercial or recreational fishing or hunting, and creation and maintenance of temporary blinds.

f.

Cultivating agricultural or horticulture products that occur naturally on the site.

g.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

h.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute, or this chapter. The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water or hydro-periodicity necessary to sustain wetland structure and function. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the county shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this chapter.

i.

Development of a "wetlands stormwater discharge facility" or "treatment wetland" in accordance with state permits received under F.A.C. chs. 62-5 and 62-330.

(4)

Compensatory mitigation.

a.

Compensatory mitigation, by which wetlands are purchased, created, enhanced and/or restored to compensate for the loss of such lands, is required whenever a use is allowed in wetlands or buffers.

b.

The purchased, created, enhanced, or restored environmentally sensitive land must be of the same type as that destroyed or degraded.

c.

Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved.

d.

A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06 on the newly purchased, created, enhanced or restored environmentally sensitive lands to protect them from future development.

(LDR 2014, pt. 6.02.00; Ord. No. 2013-04, § 1, 7-15-2014)