§ 62-3693. General provisions.

The following regulations shall apply to development proposed in or adjacent to wetlands:

(1)

Any wetlands addressed by a FDEP or SJRWMD permit will be exempt from the county's mitigation standards provided that the FDEP or SJRWMD permit conditions result in "no net loss" of wetlands and is consistent with section 62-3694(e). Therefore, an applicant proposing to alter any wetland must provide the natural resources management department with a copy of the FDEP or SJRWMD permit conditions and if necessary, a copy of staff comments.

(2)

During development plans review, the natural resources management department shall use the national wetlands inventory maps, the county soil survey, aerial photography, information provided by the applicant, or any other applicable source of information, to determine whether wetlands are indicated on the site.

(3)

If these materials indicate that wetlands may exist on the property, a site inspection may be performed by the natural resources management department to determine:

a.

If the wetlands are present;

b.

If they are functional; and

c.

The wetland boundary for each functional wetland on the property.

(4)

Based on this assessment, the natural resources management department shall make recommendations for development within or adjacent to functional wetlands, and required mitigation, if any, consistent with the provisions of sections 62-3694, 62-3695 and 62-3696. The natural resources management department's recommendations shall prioritize wetlands protective activities as avoidance of impacts as the first priority, minimization of impacts as the second priority, and mitigation for impacts as the third priority.

(5)

The natural resources management department may conduct a site visit to confirm wetland boundaries as provided by the applicant. This confirmation shall not be considered a formal wetland determination or delineation. The natural resources management department will not provide a survey sealed by a registered surveyor of a legal description of the wetland boundaries.

(6)

Projects or parcels that have an active county development order previously approved under article X, division 4, allowing wetland impacts that would not comply with current section 62-3694; project redesign may be permitted by the director provided that there is a net reduction in environmental impacts, and the project modifications do not result in the requirement for additional wetland mitigation.

(7)

Prior to plan submittal, the applicant is strongly encouraged to meet with the natural resources management department to discuss the requirements of this division.

(8)

An applicant proposing a project on a property with wetlands shall provide the natural resources management department with:

a.

Site plan depicting proposed use of the property, including limits of all fill, excavation, and clearing.

b.

Documentation confirming the year the property was legally established, if the project property is less than five acres.

c.

Wetlands and their boundaries delineated pursuant to F.A.C. ch. 62-340, as amended.

d.

Identification of all applicable setbacks or buffers as may be required by this division.

e.

If applicable, a copy of the FDEP or SJRWMD permit conditions and a copy of staff comments.

f.

All documentation related to high functioning and landscape level wetland assessments; to include photographs, assessment matrix, map depicting wetland(s) location relative to the landscape level polygon, map depicting wetland(s) location relative to I-95 interchange (if applicable), and map depicting surrounding land uses within 100 meters of the wetland(s).

g.

Any other information that is necessary to determine compliance with the county's land development regulations.

Surveys shall be prepared by a professional land surveyor registered in the state. Documents related to wetland assessments, including wetlands determinations, shall be prepared by a recognized knowledgeable environmental professional.

(Code 1979, § 14-83.2; Ord. No. 2000-47, § 3, 9-13-00; Ord. No. 05-48, § 2, 9-27-05; Ord. No. 07-38, § 1, 8-21-07; Ord. No. 2011-23, § 1, 8-4-11; Ord. No. 2014-28, § 2, 9-16-14)