§ 72-884. Permit requirements.

It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland or wetland buffer as defined in section 72-2 on any lot or portion thereof without obtaining a wetland alteration permit in accordance with the provisions of this chapter. Said above-described 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 removing, filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a permit pursuant to this section.

(1)

Concurrent application with development order review. If the wetlands alteration permit application is to be processed concurrently with development order review under divisions 2 or 3 of this article as the case may be, then it shall be filed as part of the development order review application, and shall include in addition a wetland management plan, which shall include but not be limited to the following:

a.

A detailed description of all water bodies, watercourses and wetlands on-site and a general description of all water bodies, watercourses, and wetlands immediately adjacent to the site and associated hydrologic conditions.

b.

A general description of the upland habitats on-site.

c.

A site survey to scale no greater than one inch equals 50 feet which identifies the landward extent of the wetland boundaries, buffer zones, existing and proposed conservation areas and adjacent off-site conservation areas. Upon approval by the EMD, a survey to scale up to one inch equals 400 feet may be acceptable.

d.

A detailed description of any proposed activity within the wetlands and buffer zones.

e.

A detailed analysis of on-site and/or off-site mitigation areas, if applicable.

f.

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

g.

A detailed description of methods to be utilized in meeting the criteria listed in section 72-885.

h.

A copy of all other federal, state, and regional permits and/or applications and conditions issued for the proposed project.

i.

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

(2)

Application without development order review.

a.

Except as otherwise provided in subsection (1) above, an application for a wetlands alteration permit shall be submitted with the following information:

1.

Name, address and phone number for the property owner and/or agent.

2.

Signature of agent or owner.

3.

Legal description of property, including the property appraiser's parcel number.

4.

A scale drawing of the property identifying existing structures, adjacent streets and water bodies.

5.

A scaled drawing and description of the proposed activity and proposed location.

6.

A copy of all other federal, state and regional permits and/or applications and conditions issued for the proposed project.

7.

A wetland management plan as provided for in subsection (1) above; provided however, that such plan shall not be required for the following activities:

i.

A private dock and additions whose total area does not exceed 500 square feet over waters designated or classified as class II, Outstanding Florida Waters, Aquatic Preserves, or other special designation, or within 100 feet thereof for a single-family residence.

ii.

A private dock and additions whose total area does not exceed 1,000 square feet over water within any class III waters for a single-family residence.

iii.

A private boat ramp for a single-family residence which does not exceed 15 feet wide and requires less than ten cubic yards of fill.

iv.

Construction of a seawall in a manmade canal where the seawall will be connected to existing seawalls on adjacent properties.

v.

Restoration of existing and functioning structures.

b.

An applicant is encouraged to arrange a preapplication conference with the EMD to discuss the proposed wetlands alteration and the scientific methods utilized to evaluate and justify any wetlands alteration prior to submitting a formal application to the EMD.

c.

An application for a wetland alteration permit and a nonrefundable processing fee shall be filed with the LDD.

d.

Three copies of the required submittals shall be submitted with the application. The submittals shall meet the requirements of this division and provide the information in subsections (1) and (2) of this section.

e.

The LDD shall determine the completeness of the application within three days of filing. If the application is determined to be incomplete it shall be returned to the applicant. If the application is determined to be complete the LDD shall transmit it to the EMD.

f.

Upon receipt, the EMD shall review the application, conduct a preliminary site inspection, and notify the applicant prior to said inspection. If the application meets all of the requirements of this division, it shall be approved within ten working days of receipt. Upon such approval the EMD shall return the application to the LDD with approval noted by the EMD. If the application is denied, it shall be returned to the LDD, with the reasons for denial noted thereon, within ten working days of receipt.

g.

Provided, however, upon receipt of a completed application, the EMD determines that the proposed activity fails to meet the minimum requirements of this division, or if additional information is required, a request will be made, within ten working days after the preliminary site inspection, to the applicant to provide the additional information and modify the application and/or mitigation plans to prevent or limit the adverse impacts to the wetland or buffer.

h.

If the applicant fails to make the necessary modifications or provide the additional information within 60 days, then the EMD shall deny the permit. The EMD shall approve the permit within ten working days after receiving the required modifications or additional information, unless the modifications fail to meet the requirements of this division.

i.

The LDD shall notify the applicant immediately after the EMD approves or denies the application and issues the permit.

(Ord. No. 89-52, § I, 12-7-89; Ord. No. 96-32, § LXXI, 12-19-96; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2013-20, § XIII, 12-12-13)