§ 50-213. Mitigation requirements.

(a)

If an applicant for a permit under this division fails to overcome the presumption that the proposed activity will have a significant effect upon the wetland, and the local government finds the imposition of permit conditions inadequate to minimize potential adverse environmental effects, mitigation shall be required. The purpose of mitigation is to offset unavoidable environmental impacts. Mitigation plans should consider the function of existing natural resources and provide comparable functions after mitigation is completed. Mitigation plans should maximize the preservation of existing natural resources. The mitigation plans shall consider the following methods, in order of priority in which they should be utilized:

(1)

Avoiding the impact altogether by not taking a certain action or parts of an action.

(2)

Minimizing impacts by limiting the degree or magnitude of the action or its implementation.

(3)

Rectifying the impact by repairing, rehabilitating or restoring the affected environment.

(4)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(5)

Compensating for the impact by replacing or providing substitute resources or environments through creation of new wetlands, enhancement of existing wetlands or reestablishment of wetlands which are no longer functioning due to insignificant attention in the past.

(b)

Where all or part of a wetland is destroyed or substantially altered by development, an acceptable mitigation plan shall include at least:

(1)

Replacement of the same type of wetland on at least a one-to-one ratio unless the value of the wetland based on its functional value is determined to warrant a greater or lesser ratio. There should be like kind replacement, i.e., saltwater system for saltwater system, and freshwater for freshwater, where practicable.

(2)

Specific design requirements based upon conditions of the site and the type of wetland to be created or restored.

(3)

Periodic monitoring to remove exotic or nuisance vegetation.

(4)

Monitoring and replacement to ensure a survival rate of 80 percent wetland vegetation for a minimum of three years.

(5)

An upland habitat as an adjacent buffer on mitigated sites.

(c)

An acceptable mitigation plan shall be reasonably and technically feasible. Mitigation through restoration of other degraded wetlands is preferred over wetland creation.

(d)

Mitigation should take place on-site or in close proximity thereto or in areas so designated as provided in section 50-212.

(e)

An applicant who carries out a compensatory mitigation plan shall grant a conservation easement on the newly created or restored wetland and buffer to protect it from future development. A legal mechanism other than a conservation easement may be deemed appropriate on a case-by-case basis to carry out the purpose of the subsection.

(f)

A mitigation plan approved by a federal, state or regional agency shall be presumed to be acceptable to the local government; provided, however, if no such mitigation plan is required by the approved permit from the federal, state or regional agency, then the local government may at its option adopt a mitigation plan in compliance with this section.

(g)

Mitigation should not contribute to the production of mosquitoes by creating mosquito larval habitat or by eliminating habitat for predatory fish.

(Ord. No. 89-8, § 2(509.00), 7-6-89; Ord. No. 96-4, § VI, 3-14-96)