§ 62-3695. Prohibitions.

(a)

All other development, except as provided in section 62-3694, shall be prohibited in functional wetlands unless access to the water or shoreline hardening is permitted in accordance with article X, division 3. Any permitted wetland impacts must meet the requirements of subsection 62-3694(e) and section 62-3696.

(b)

Dumping or disposal of solid or liquid wastes shall be prohibited.

(c)

Applying or storing pesticides and herbicides should be prohibited unless such application is required for protection of the public health or removal of invasive, exotic, or nuisance plant species for management and mitigation or conservation purposes approved by Brevard County or removal of invasive, exotic, or nuisance plant species for management and mitigation or conservation purposes approved by Brevard County.

(d)

Public facilities should not be located within wetland areas unless the following apply:

(1)

The facilities are water dependent, such as mosquito control facilities;

(2)

The facilities are water related, such as boat ramps, docks or surface water management facilities;

(3)

The facilities are not adversely affected by periodic flooding or standing water, such as highway bridges and some recreational facilities;

(4)

The building structures are floodproofed and located above the 100-year flood elevation, or removed from the floodplain by appropriately constructed dikes or levees; or

(5)

The facilities are found to be in the public interest and there is no feasible alternative.

(e)

If an activity is undertaken which degrades or destroys a functional wetland, the person authorizing or performing such an activity shall be responsible for repairing and maintaining the wetland. In the event that it is not feasible or desirable for the responsible person to perform the repair and maintenance of the wetland, then the responsible person shall mitigate for the wetland loss.

(Code 1979, § 14-83.4; Ord. No. 2000-47, § 5, 9-13-00; Ord. No. 07-38, § 3, 8-21-07; Ord. No. 2011-12, § 2, 3-22-11)