§ 50-206. Exemptions.

(a)

Activities which are exempted from this division include:

(1)

Nonmechanical clearing of vegetation from an area of less than ten percent of the wetland.

(2)

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

(3)

Cleared walking trails having no structural components.

(4)

Timber catwalks and docks four feet wide or less.

(5)

Bona fide agricultural uses.

(6)

Utility crossings.

(7)

Maintenance, together with incidental dredge and fill activities, in ditches, retention and detention areas, public road and other rights-of-way, and other related drainage systems.

(8)

Bona fide mosquito control activities reviewed by the technical subcommittee on managed marshes.

(9)

Wetlands one-half acre or smaller; provided, however, if the entire wetland exceeds this threshold for exemption, whether on one or more lots, then the entire wetland is regulated as otherwise provided in this division.

(10)

Activities within artificial wetlands which are created as part of a manmade treatment system.

(11)

Activities where a federal, state, regional or local government completed dredge and fill or wetland application was tendered to said government on or before the adoption of the local government's implementing ordinance.

(12)

Silviculture activities which follow the best management practices outlined in the publication Silviculture Best Management Practices Manual, state department of agriculture and consumer services, division of forestry, most recent edition; provided, however, failure to follow said practices shall be a violation of this division. The use of the Management Guidelines for Forested Wetlands in Florida, state department of agriculture and consumer services, shall be encouraged.

(13)

Developments which require the issuance of a development order by a local government for a site development plan or subdivision and have obtained a valid environmental resource permit from the Florida Department of Environmental Protection or the St. Johns River Water Management District.

(b)

A local government may at its option delete in whole or in part any of the exemptions described in subsection (a) of this section, but in no case shall the local government include any additional exemptions in its ordinance adopted pursuant to this division unless otherwise approved by the county council.

(Ord. No. 89-8, § 2(511.00), 7-6-89; Ord. No. 96-4, § II, 3-14-96)