§ 26-114. Wetland protection district.

(a)

Generally. This article shall apply to all lands within wetlands located within the jurisdiction of the county. The generalized wetland map, adopted as part of this article, shows the general location of wetlands and should be consulted by persons contemplating activities in or near wetlands. The generalized wetland map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this article. The generalized wetland map shall be on file in the county environment control office.

(b)

District boundaries. The generalized wetland map is a general reference document, and wetland boundaries indicated on the map are approximations. The purpose of the generalized wetland map is to alert developers/landowners if they are within proximity to a wetland, which means that there is high likelihood of the presence of a jurisdictional wetland and a need for the developer/landowner to seek U.S. Army Corps of Engineers guidance as to whether a section 404 permit will be required to any activity. The generalized wetland map does not represent the boundaries of jurisdictional wetlands within the jurisdiction of the county and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, as amended. Any local government action under this article does not relieve the landowner from federal or state permitting requirements.

(c)

Relationship to zoning. The wetland protection district is hereby established. The wetland protection district shall comprise an overlay zone that supplements and is indicated on the zoning map, which is hereby incorporated and made part of this article by reference. When the two conflict, the more restrictive shall apply.

(Ord. No. 99-09, § 2, 6-22-1999)