§ 50-209. Wetland alteration permit.

(a)

It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy or alter any wetland without obtaining a wetland alteration permit from the local government on an individual single-family residential lot in accordance with the provisions of this division. Said permit may be issued concurrent or in conjunction with other land development permits. It is the intent of this section that construction of a single-family dwelling on upland which does not alter by moving, filling, draining, dredging, clearing or destroying any wetland shall not require a permit pursuant to this section. Provided, however, no such individual single-family residential lot permit shall be required in the event a valid St. Johns River Water Management District or Florida Department of Environmental Protection Environmental Resource Permit has previously been issued for a development covering the same area of land.

(b)

The local government shall provide for applications and any conditions thereof, variances and appeal procedures in connection with the issuance of a wetland alteration permit in conformity with this division.

(c)

For single-family residential lots, the local government may adopt or supplement permit requirements or conditions issued from other federal, state or regional permitting agencies for the same development.

(d)

In determining whether the development is permissible under the provisions of this division, the local government shall consider but not be limited to the following criteria:

(1)

The ability of the wetland to receive, store and discharge surface water runoff so as to contribute to hydrological stability and control of flooding and erosion.

(2)

The ability of the wetland to recharge the groundwater as demonstrated by reliable available information.

(3)

The ability of the wetland to provide filtration and nutrient assimilation from surface water runoff.

(4)

The ability of the wetland to provide habitat and significant ecological function in the life cycle for fish, wildlife or other forms of animal or plant life.

(5)

The ability of the wetland to function as an integral part of any waters, water body or watercourse.

(6)

The cumulative impacts of the proposed development on the wetland system in combination with other developments which have been or shall be proposed in the same drainage basin.

(7)

The technical feasibility of any proposed wetland mitigation plans and the likelihood of their success in restoring or replacing the environmental benefit altered by the development.

(8)

The capacity of the existing wetland to provide environmental benefits because of such factors as maturity, size, degree of prior alteration, physical relationship to other water systems, and adjacent land uses.

(9)

The degree or magnitude of the impact of the proposed alteration on the wetland and how such impact shall be minimized through mitigation measures, either off-site or on-site, or both, and recommendations concerning the appropriate location of said mitigation.

(10)

Whether, and the extent to which, a proposed project must be located within a wetland or water body in order to perform the project's basic functions.

(e)

The local government shall require an application for said wetland alteration permit, and it shall include but not be limited to:

(1)

The name of the applicant.

(2)

A sketch, map or survey with the type and extent of wetland mapped to scale, unless previously depicted on an approved permit or application from a federal, state or regional agency.

(3)

For projects which impact one-half acre or more, a wetland management plan that shall contain sufficient information for the local government to evaluate the environmental characteristics of the wetlands, the potential and predicted impacts of the proposed activities on wetlands and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The wetland management plan should include but not be limited to a detailed analysis of the following:

a.

A description of all water bodies, watercourses and wetlands on the site and a general description of wetlands immediately adjacent to the site.

b.

A map of the natural systems on the site.

c.

The existing environmental and hydrologic conditions of the site.

d.

A plan for control of erosion and sedimentation which describes in detail the type and location of control measures, and provisions for maintenance.

e.

A detailed description of methods to be utilized in meeting the criteria listed in this section.

f.

Other information which the local government may reasonably require to determine whether to approve the wetlands alteration permit.

(f)

The local government may issue a wetlands alteration permit, which may incorporate the general and specific conditions which were made part of the permit from federal, state or regional agencies; provided, however, before the issuance of the local government wetlands alteration permit, said federal, state or regional permit application, when available, shall be furnished to the local government. Concurrent applications to the local government and any federal, state or regional agency shall be encouraged.

(g)

The wetland alteration permit shall not be approved unless the wetland management plan clearly indicates that the proposed development will meet the performance standards described in section 50-210.

(h)

The local government may seek permitting delegation from any or all of the federal, state or regional permitting agencies exercising jurisdiction and regulatory programs over wetlands and/or dredge and fill activities.

(i)

The local government shall establish a mechanism to inform the federal, state or regional agencies of alleged violations of its dredge and fill or wetland rules and regulations.

(Ord. No. 89-8, § 2(504.00), 7-6-89; Ord. No. 96-4, § IV, 3-14-96)