Georgia Department of Community Affairs
Jim Higdon, Commissioner
Office of Coordinated Planning
1200 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
An Equal Opportunity Employer
PUBLICATION OF THIS DOCUMENT WAS FINANCED IN PART THROUGH A WETLANDS
PROTECTION GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, IT
SHOULD BE NOTED THAT THE OPINIONS AND CONCLUSIONS EXPRESSED IN THIS
DOCUMENT ARE THOSE OF THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
AND DO NOT NECESSARILY REFLECT THOSE OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY OR THE GEORGIA DEPARTMENT OF NATURAL RESOURCES.
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MODEL WETLAND PROTECTION ORDINANCE
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liable of Contents
1. Findings and Purpose
1.1 Findings of Fact
1.2 Title and Purpose
2. Wetland Protection District
2.1a [Optional] Wetland Protection District
2.1b [Optional] Wetland Protection District
2.2 Wetland Protection District Boundaries
2.3 [Optional] Relationship to Zoning
3. Local Development Permits
S.la [Optional] Local Development Permit Requirements
S.lb [Optional] Local Development Permit Requirements
3.2 [Optional] Permit Requirements within Setback
3.2.1 Stormwater Runoff Requirements
3.2.2 Pollution Loading Requirements
3.2.3 Evaluation of Performance Standards
3.3 Permissible Uses (Uses as of Right)
3.3.1 Conservation
3.3.2 Passive Recreational Activities
3.3.3 Forestry
3.3.4 Agriculture
3.3.5 Pasturing
. 3.3.6 Education, Scientific, Research
3.3.7 Temporary Emergency Permit
3.4 Site Plans
3.4.1 Cut and Fill Calculations
3.4.2 Wetland Boundaries
3.4.3 Impervious Surfaces Shown
3.4.4 Perennial Streams
3.4.5 Elevations
3.4.6 Spill and Leak Collection Systems
3.4.7 Temporary Disruption of Local Hydrology
3.5 Conformance with Site Plan
3.6 [Optional] Subdivision Approval
3.7 Subdivision Design Options
3.7.1 Lot Size Averaging
3.7.2 Cluster Development
3.8 Filing Fee
3.9 Enforcement Authority
3.10 Review Procedures
3.11 Appeals
3.12 Duration of Permit Validity
3.12.1 Commencement of Construction
3.12.2 Suspension or Abandonment of Construction
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3.12.3 Written Notice of Pending Expiration
4. Monitoring and Enforcement
4.1 Entrance on Private Property
4.1.1 Written Notification
4.1.2 Enforcement Authority
* • 4.1.3 Assistance of Law Enforcement Officials
4.1.4 Cease and Desist Orders
4.2 Compliance Bond
5. Penalties
5.1 Fine
5.2 Construction in Violation of Ordinance
5.3 Removal of Vegetation in Violation of Ordinance
5.4 Notification of Violation to U.S. Army Corps of Engineers
5.5 Suspension/Revocation of Permit
a Judicial Re view
6.1 Jurisdiction
6.2 Alternative Actions
7. Amendments
8. Assessment Relief
9. Separability and Abrogation
10. Definitions
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Appendix
Reference
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Model Wetland Protection. Ordinance
Model Wetland Protection Ordinance
1 Findings and Purpose
1.1 '"Findings of Fact. The wetlands within [name of local government],
Georgia are indispensable and fragile natural resources with significant
development constraints due to flooding, erosion and soils limitations. In
their natural state, wetlands serve man and nature. They provide habitat
areas for fish, wildlife and vegetation; water quality maintenance and
pollution control; flood control; erosion control; natural resource education;
scientific study; and open space and recreational opportunities. In
addition, the wise management of forested wetlands is essential to the
economic well-being of many communities within the State of Georgia.
Nationally, a considerable number of these important natural resources
have been lost or impaired by draining, dredging, filling, excavating,
building, pollution and other acts. Piecemeal or cumulative losses will,
over time, destroy additional wetlands. Damaging or destroying wetlands
threatens public safety and the general welfare.
It is therefore necessary for [name of local government], Georgia to ensure
maximum protection for wetlands by discouraging development activities
that may adversely affect wetlands.
1.2 Title and Purpose. This Ordinance shall be known as the Wetland
Protection Ordinance of [name of local government], Georgia. The purpose
of this Ordinance is to promote wetland protection, while taking into
account varying ecological, economic development, recreational and
aesthetic values. Activities that may damage wetlands should be located on
upland sites to the greatest degree practicable as determined through a
permitting process. The objective of this Ordinance is to protect wetlands
from alterations that will significantly affect or reduce their primary
functions for water quality, fioodplain and erosion control, groundwater
recharge, aesthetic nature and wildlife habitat.
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2 Wetland Protection District
Note, Section 2: This Wetland Protection Ordinance consists of: (1) the text of the
model ordinance; and (2) a map showing the general location of local wetlands.
When establishing a Wetland Protection District, the local government will compile
and adopt a Generalized Wetland Map as a part of this Ordinance. Available map
resources, which may serve as reference material for the compilation of the
Generalized Wetland Map, are discussed in the Appendix to this document. The
local government should consider the limitations of available map resources when
compiling the Generalized Wetland Map and in deciding what uses to make of it. To
varying degrees, all maps contain systematic distortion and inaccuracy. Generally, \
inaccuracy grows larger with decreasing map scale. Commonly used wetland maps,
such as the National Wetland Inventory (NWI) Maps, are drawn at a scale of
1:24,000. This means that 1 inch on the map represents 24,000 inches on the
ground, or 2,000 feet (approximately two-fifths of a mile). Maps of this scale cannot
define wetland boundaries in a legally defensible way. In addition, many small and
isolated wetlands may not be shown on these maps. For these reasons, the
Generalized Wetland Map adopted by the local government can only be regarded as
a general reference document, which may serve a variety of functions, such as
indicating the need for seeking advice or a wetland determination from the U.S.
Army Corps of Engineers. A Generalized Wetland Map, at a scale of 1:24,000,
cannot be used to delineate, in a legally defensible manner, the boundaries of
jurisdictional wetlands. Formal delineation of wetlands that are protected by Section
404 of the Clean Water Act, is vested with the U.S. Army Corps of Engineers. The
Soil Conservation Service (SCS) of the U.S. Department of Agriculture is the lead
agency for making wetland delineations on agricultural lands. As noted in
Subsection 2.2, the Generalized Wetland Map cannot serve as a substitute for a
formal wetland delineation performed or approved by the U.S. Army Corps of
Engineers.
2. la Wetland Protection District [Optional] This ordinance shall apply to
all lands within wetlands located within the jurisdiction of [name of local
government], Georgia. The Generalized Wetland Map, adopted as part of
this ordinance, 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 ordinance. The Generalized Wetland Map shall be on file in the
office of the [name of local government] clerk.
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Note, Subsection 2.1 b [Optional]: The following optional subsection
offers a more rigorous approach to defining the "Wetland Protection District"
than optional Subsection 2.1 a, by inclusion of a setback/buffer in which
certain land-use restrictions apply. The local government should be aware
that this exceeds the provisions of the Clean Water Act, as amended. In order
to establish the legal defensibility of such an approach, the local government
should ciearly identify the public benefit(s) to be achieved. The basis for
additional local protection should relate directly to public health, safety and
welfare. The public benefits to be gained can include: (1) protection of
breeding, spawning, wintering, nesting, feeding or other critical habitat for fish
and wildlife, including threatened and endangered species; (2) protection of
nutrient exchange critical to fish or other wildlife; (3) protection of groundwater
or surface water recharge; (4) protection of areas needed for educational or
scientific research; (5) protection of public waters and recreational
opportunities, such as camping, boating, fishing, hunting, hiking, photography,
bird-watching and other activities; (6) protection of aesthetic and property
values. In the absence of a clearly established and compelling local need,
the local government is strongly cautioned against requiring setbacks/buffers.
2.1b Wetland Protection District [Optional] This ordinance shall apply to
all lands within wetlands located within the jurisdiction of [name of local
government], Georgia and to lands adjacent to wetlands extending to a
distance of * from the boundary of wetlands. The Generalized
Wetland Map, adopted as part of this ordinance, 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 ordinance. The Generalized
Wetland Map shall be on file in the office of the [name of local government]
clerk.
*See Note, Subsection 2.1b [Optional] for factors to be used in establishing
this distance.
2.2 Wetland Protection 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 a 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 prior to any activity. The Generalized Wetland Map does not
represent the boundaries of jurisdictional wetlands within the jurisdiction
of [name of local government] 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 ordinance does not relieve the land owner
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from federal or state permitting requirements.
Note, Subsection 2.3 [Optional]: Subsection 2.3 [Optional]*is designed
for communities that have a zoning ordinance in place and wish to integrate
this Model Wetland Protection Ordinance into the zoning ordinance by creating
a "wetland protection" component in their zoning ordinance.
2.3 Relationship to Zoning. [Optional] The Wetland Protection District is
hereby established. The Wetland Protection District shall comprise an
overlay zone that supplements and is indicated on the [name of local
government] Zoning Map, which is hereby incorporated and made part of
this ordinance by reference. When the two Ordinances conflict, the more
restrictive Ordinance shall apply.
3 Local Development Permits
Note, Section 3: The following options for permit requirements recognize
the fundamental differences between communities located in areas where
wetlands are relatively uncommon and areas where wetlands are extensive.
Communities located in regions where wetlands are extensive and occupy a
large percentage of the land surface are advised to adopt the second option
as a method of ensuring compliance with Section 404 of the Clean Water Act,
as amended.
3. la. [Optional] Local Development Permit Requirements. No regulated
activity will be allowed within the Wetland Protection District without
written permission from the {governing authority or its designee ] in the
form of a local development permit. Issuance of a local development permit
is contingent on full compliance" with the terms of this ordinance and other
applicable regulations. All activities that are not identified in Subsection
3.2 below or by other local development ordinances, shall be prohibited
without prior issuance of a local development permit. If the area proposed
for development is located within * feet of the Wetland Protection
District boundary, as determined from the Generalized Wetland Map, a
U.S. Army Corps of Engineers determination shall be required. If the
Corps determines that wetlands are present on the proposed development
site and that a Section 404 Permit or Letter of Permission is required, a
local development permit will be issued only following issuance of the
Section 404 Permit or Letter of Permission.
*Based on the accuracy of a local government's Generalized Wetland Map
and the confidence the government has in its map, the local government
needs to establish a distance (from 0 to, perhaps, 500 feet) and insert that
distance in this blank.
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Note, Subsection 3.1a [Optional]: Option 3.1 a is designed for
communities in which wetlands are relatively rare and discontinuous. It is a less
stringent approach than Option 3.1 b. Option 3.1 b is designed for use in regions
with extensive wetlands, such as low-lying coastal communities. In these areas,
a large percentage of the land is occupied by jurisdictions! wetlands and the
safest and easiest way to administer the local permitting process, while
assuring compliance with Section 404 of the Clean Water Act, as amended, is
to require a determination prior to the issuance of any development permit.
3.1b [Optional] Permit Requirements. Prior to the issuance of any local
development permit, the applicant must offer documentation that a
wetland determination has been carried out by the U.S. Army Corps of
Engineers or their designated representative. If the Corps determines that
wetlands are present and that a Section 404 Permit or Letter of Permission
is required, a local development permit will be issued only following'
issuance of the Section 404 Permit or Letter of Permission.
Note, Subsection 3.1 b [Optional]: To find out whether your proposed
activity requires a 404 permit, or to request a Jurisdiction^ Determination from
the U.S. Army Corps of Engineers, mail inquiries to :
U.S. Army Corps of Engineers
Regulatory Branch
P.O. Box 889
Savannah, Georgia 31402-0889.
1-800-448-2402
Permit Requirements within the Wetland District Setback [Optional,
if the local government chooses to establish a setback/buffer to local
wetlands] Prior to issuance of any development permit for activity within
* feet of a wetland, the applicant must include, with the site plans for
the proposed action, documentation that the following post-development
conditions will prevail at the site:
*Based on the accuracy of a local government's Generalized Wetland Map
and the confidence the government has in its map, the local government
needs to establish a distance (from 0 to, perhaps, 500 feet) and insert that
distance in *bfc blank.
3.2.1 The rate of storm water runoff, volume of stormwater runoff,
and peak runoff from the site will not exceed pre-development levels.
3.2.2 The amount of the following pollutants carried within runoff
from the site will not exceed pre-development conditions:
(1) phosphorus; (2) nitrogen; (3) zinc; (4) lead. In addition, biological
oxygen demand (BOD) and turbidity (TSS) shall not exceed pre-
development levels.
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3.2.3 In addition to other fees assessed, the applicant may be held
liable for costs incurred by the {governing authority or its designee]
during evaluation of the performance standards evaluation.
Note, Subsection 3.2 [Optional]: Option 3.2 offers a performance
"••• standard basis for evaluating development permits for lands adjacent to
local wetlands. Such an approach can require considerable technical
expertise in evaluating the environmental effects of development One
way of reducing the technical demands and costs of this approach would
involve requiring the applicant to provide an evaluation, performed by an
approved consultant, with the permit application.
Methodologies for evaluating pre-development and post-development
stormwater runoff and pollution loading exist. For a methodology for
evaluation of stormwater runoff, the local government is referred to the
"Hydros" model and procedures proposed in the National
Engineering Handbook, published by the United States Soil
Conservation Service. For calculation of pre-development and post-
development pollution loading, the local government is referred to the
methodology proposed within:
Schueler, T.R., 1987, The Impacts of Urban Runoff, in: Controlling
Urban Runoff: A Practical Manual for Planning Urban BMPs,
Washington, D.C.: Department of Environmental Programs, Metropolitan
Washington Council of Governments, pp. 1.1-1.23.
3.3 Permissible Uses (Uses as of Right.) The following uses shall be
allowed as of right within a wetland to the extent that they are not
prohibited by any other ordinance or law, including laws of trespass, and
provided they do not require structures, grading, fill, draining or dredging
except as provided herein.
3.3.1 Conservation or preservation of soil, water, vegetation, fish and
other wildlife, provided they do not affect waters of Georgia or of the
United States in such a way that would require an individual 404
Permit.
Note, Subsection 3.3.1: The activities listed in Subsection 3.3.1 are
exempted from Section 404 regulations provided they do not have
impacts on a navigable waterway that would necessitate acquisition of
an individual 404 permit. However, under Section 10 of the Rivers and
Harbors Act, a permit may be required in some circumstances.
3.3.2 Outdoor passive recreational activities, including fishing, bird
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watching, hiking, boating, horseback riding and canoeing.
8.3*3 Forestry practices applied in accordance with best management
practices approved by the Georgia Forestry Commission and as
specified in Section 404 of the Clean Water Act.
Note, Subsection 3.3.3: Section 404 does not require permits for
normal, ongoing silvicuttural activities. However, Section 404 does list
some required performance standards and 15 specific road
construction best management practices (BMPs) that must be followed
in order to qualify for such an exemption.
3.3.4 The continued cultivation of agricultural crops. Agricultural
activities shall be subject to best management practices approved by
the Georgia Department of Agriculture. [Optional:... and an •
undisturbed vegetated setback/buffer of * feet shall be
maintained between the agricultural practice and the wetland.]
*Note 1, Subsection 3.3.4: The local government may consider
establishing a setback requirement that restricts land use within a buffer
around local wetlands. It should be clearly understood that this goes
beyond the requirements of the federal 404 permitting regulations that
implement the Clean Water Act, as amended. In order to establish legal
defensibility of such an approach, the local government should clearly
identify the public benefit(s) to be achieved by requiring any additional
setbacks/buffers. The basis for additional local regulation should relate
directly to public health, safety, and welfare. The public benefits to be
gained can include: (1) protection of breeding, spawning, wintering,
nesting, feeding or other critical habitat for fish and wildlife, including
threatened and endangered species; (2) protection of nutrient exchange
critical to fish or other wildlife; (3) protection of groundwater or surface
water recharge; (4) protection of areas needed for educational or
scientific research; (5) protection of public waters and recreational
opportunities, such as camping, boating, fishing, hunting, hiking,
photography, bird-watching and other activities; (6) protection of
aesthetic and property values. In the absence of a clearly established,
compelling local need, the local government is strongly cautioned
against requiring additional setbacks/buffers.
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Note 2, Subsection 3.3.4: Under Section 404, normal on-going
agricultural activities are exempted from 404 regulations and do not
require a permit. Normal agricultural activities include planting and
harvesting of crops and pasturing of livestock.
Note 3, Subsection 3.3.4: Under provisions of the Food Securities
Act of 1985 (the so-called "Swampbuster Provisions") eligibility for all
U.S. Department of Agriculture programs is denied to farms that convert
wetlands to croplands. These programs include USDA price and
income supports, disaster payments, crop insurance, Farmers Home
Administration loans, Commodity Credit Corporation storage payments,
farm storage facility loans, Conservation Reserve Program payments,
and other programs under which payments are made to the farmer with
respect to commodities produced. _
3.3.5 The pasturing of livestock, provided that riparian wetlands are
protected, that soil profiles are not disturbed and that approved
agricultural Best Management Practices are followed. [Optional:...
provided there is an undisturbed vegetated setback/buffer of * feet
between the pasturing activities and the wetland.]
3.3.4 for a
discussion of setbacks/buffers
3.3.6 Education, scientific research and nature trails.
3.3.7 Temporary Emergency Permit A temporary emergency permit
can be issued by {governing authority or its designee] for the following
reasons:
•Maintenance or repair of lawfully located roads or structures
and of facilities used in the service of the public to provide
transportation, electric, gas, water, telephone, telegraph,
telecommunication or other services, provided that such
roads, structures or facilities are not materially changed or
enlarged and written notice prior to the commencement of
work has been given to the [governing authority or their
designee ] and provided that the work is conducted using best
management practices to ensure that flow and circulation
patterns and chemical and biological characteristics of the
wetland are not impaired and that any adverse effect on the
aquatic environment will be minimized.
•Temporary water-level stabilization measures associated
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with ongoing silviculture! operations.
•Limited ditching, tilling, dredging, excavating-or filling
done solely for the purpose of maintaining or repairing
existing drainage systems necessary for the cultivation of
agricultural crops, provided that the maintenance or repair
activity does not result in the impairment, alteration or loss
of wetlands not previously subject to agricultural and
silvicultural use under the terms and provisions of
Subsection £2.4.
•Limited excavating and filling necessary for the repair and
maintenance of piers, walkways, nature trails, observation
decks, wildlife management shelters, boathouses or other
similar water-related structures, provided that they are built
on pilings to allow unobstructed flow of water and preserve
the natural contour of the wetland.
3.4 Site Plans. Applications for a local development permit within the
Generalized Wetland Protection District shall include a site plan, drawn at
a scale of * . with the following information:
"'Note, Subsection 3.4: The scale required for site plans should be
set so that the significant features of the proposed action can be clearly
discerned. However, plans for review should also be drawn at a
manageable scale, so that review of the plans does not become
cumbersome. A common scale is 1 inch = 50 feet. At this scale, the
graphic representation of the proposed activities may occupy several
pages. In these cases, a general location map drawn at a smaller scale,
and showing the entire site, is also often required.
3.4.1 A map of all planned excavation and fill, including
calculations of the volume of cut and fill involved, cross-
sectional drawings showing existing and proposed grades.
Elevations, horizontal scale and vertical scale must be shown on
the cross-sectional drawings.
3.4.2 A map of any wetland boundaries occurring within the site
must be provided. This boundary may be included on other maps
provided by the applicant.
3.4.3 Location, dimensions and area of all impervious
surfaces, both existing and proposed, on the site and adjacent
to the site for a distance of ^ feet.
3.4.4 The orientation and distance from the boundaries of the
proposed site to the nearest bank of an affected perennial
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stream or water body.
3.4.5 Elevations of the site and adjacent lands within 200 feet of
the site at contour intervals of no greater than two feet; and no
-: greater than one foot for slopes less than or equal to two percent.
3.4.6 Location and detailed design of any spill and leak
collection systems designed for the purpose of containing
accidentally released hazardous or toxic materials.
3.4.7 All proposed temporary disruptions or diversions of local
hydrology.
3.5 Activities to comply with site plan. All development activities or
site work conducted after approval of the site plan shall conform with
the specifications of said site plan. The site plan may be amended "
only with the approval of [governing authority or its designee ]. The
[governing authority or its designee ] may require additional information
deemed necessary to verify compliance with the provisions of this
ordinance or to evaluate the proposed use in terms of the purposes of this
ordinance.
3.6 [Optional: For jurisdictions with extensive wetlands] Subdivision
Approval in the Wetland Protection District Any application for a
subdivision approval shall include a Jurisdictional Determination
approved by the U.S. Army Corps of Engineers. If the Corps determines
that wetlands are present and that a Section 404 Permit or Letter of
Permission is required, subdivision approval will be issued only following
issuance of the Section 404 Permit or Letter of Permission.
3.7 Subdivision Design Options in the Wetland Protection District Any
subdivision that includes Jurisdictional Wetlands shall be allowed
and encouraged to use the following options:
Note, Subsection 3.7: The lot-size averaging and cluster
development provisions provide for flexibility in site design and
minimization of development impacts upon wetlands. Developers will
not lose buiidable lots and will have an opportunity to reduce costs for
utilities and other infrastructure and for filling of low-lying areas within
the parcel.
The local government will need to review its other local development
ordinances, particularly zoning provisions, to determine If these options
are consistent with existing regulations.
3.7.1 Lot Size Averaging. Lot size averaging is encouraged in
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single-family detached subdivisions as a means to work
around wetland areas. The [Name of local government or their
designee] may allow a reduction in lot size provided that the
same number of lots in the same subdivision are oversized by
, an equal or greater area. The maximum permissible
reduction shall not exceed 25 percent of the minimum required
lot area. The number of lots with areas reduced shall not
exceed 25 percent of the total number of lots in the subdivision.
The [Name of local government or its designee} shall require no
more than a 25 percent adjustment of rear, side and front
setbacks for each affected lot.
3.7.2 Cluster Development Clustering of residential
development is encouraged. When considering subdivision
approval, the [governing authority or its designee] will allow
incorporation of wetland or other significant natural areas as
open space in the subdivision plan. Such plans should
designate at least 25 percent of the gross land area as open
space. Density shall be calculated by subtracting from the total
acreage of a parcel all land dedicated or in use for private or
public roads, including all vehicular rights-of-way. The
resultant acreage will then be divided by the minimum allowed
lot size of the district to derive the number of lots permissible.
3.8 Filing Fee. At the time of the application, the applicant shall pay a
filing fee specified by the {governing authority or its designee]. Filing fees
up to a maximum of $ may be required to evaluate the application.
This fee may be used to retain expert consultants who will provide services
pertaining to functional assessment, mitigation and wetland boundary
determinations as deemed necessary by the {governing authority or its
designee].
3.9 Enforcement Authority. The [title of enforcement authority] is hereby
established as the administrator of this Ordinance.
3.10 Review Procedures. The application shall be made to [enforcement
authority] and will be reviewed within days. The review period shall
begin upon determination by [enforcement authority] that the application
submitted is complete. The review period shall include the preparation of
findings (approval or disapproval) by the [enforcement authority]. The
applicant will receive written notification of the findings of the
{governing authority or its designee]. If the review process is not
completed within days, the application is considered to be
approved.
3.11 Appeals. Decisions on permit applications made by the [enforcement
authority ] may be appealed to the [ planning commission]. The appeal
must be made within days of the decision rendered by the
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[enforcement authority], A public hearing shall be held for appeals. Public
announcement of the hearing shall be printed in a local newspaper of
general circulation at least days prior to the hearing. Any person
may offer testimony at the hearing. The decision of the [ planning
commission] may be appealed to a court of competent jurisdiction, as
discussed in Section 6.
3.12 Duration of Permit Validity.
3.12.1 If construction described in the development permit has
not commenced within 12 months from the date of issuance,
the permit shall expire.
3.12.2 If construction described in the development permit is
suspended or abandoned after work has commenced, the
permit shall expire 12 months after the date that work
ceased.
3.12.3 Written notice of the pending expiration of the development
permit shall be issued by the [enforcement authority].
4 Monitoring and Enforcement
4.1 The {governing authority or their designee], its agent, officers and
employees shall have authority to enter upon privately owned land for the
purpose of performing their duties under this ordinance and may take or
cause to be made such examinations, surveys or sampling as the
[governing authority or its designee] deems necessary.
4.1.1 All enforcement and monitoring activities conducted by the
{governing authority or its designee] that involves entrance to
privately owned land by {governing authority or its designee] shall be
preceded by written notification to the landowner. Said notification
shall be issued at least days prior to the activities specified in
the notification.
4.1.2 The [title of the enforcement authority] shall have authority to
enforce this ordinance; issue permits hereunder; and address
violations or threatened violations hereof by issuance of violation
notices, administrative orders and civil and criminal actions. All
costs, fees and expenses in connection with such actions may be
recovered as damages against the violator.
4.1.3 Law enforcement officials or other officials having police
powers shall have authority to assist the [enforcement authority] in
enforcement.
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4.1.4 The [enforcement authority] shall have authority to issue cease
and desist orders in the event of any violation of this ordinance.
Cease and desist orders may be appealed to a court of competent
jurisdiction, as identified in Section 6.
Note, Subsection 4.2: The local government should base the amount of
the bond in Subsection 4.2 on the costs of providing public improvements
directly related to wetland protection or mitigation and evaluation and
corrective actions necessary to relieve conditions of stormwater runoff and
pollution loading resulting from the project.
4.2 The {governing authority or its designee] may require a bond in an
amount of $ and with surety and conditions sufficient to secure
compliance with the conditions set forth in the permit. The particular
amount and the conditions of the bond shall be consistent with the purposes
of this ordinance. In the event of a breach of any condition of any such
bond, the {governing authority or its designee] may institute an action in a
court of competent jurisdiction upon such bond and prosecute the same to
judgment and execution.
5 Penalties
5.1 Any person who commits, takes part in or assists in any violation of any
provision of this Ordinance may be fined not more than $ for
each offense. Each violation shall be a separate offense and, in the case of a
continuing violation, each day's continuance shall be deemed to be a
separate and distinct offense.
5.2 When a building or other structure has been constructed in violation of
this Ordinance, the violator may be required to remove the structure at the
discretion of the {governing authority or its designee ].
5.3 When removal of vegetative cover, excavation or fill has taken place in
violation of this Ordinance, the violator may be required to restore the
affected land to its original contours and to restore vegetation, as far as
practicable, at the discretion of the [governing authority or its designee].
5.4 If the {governing authority or its designee] discovers a violation of this
ordinance that also constitutes a violation of any provision of the Clean
Water Act as amended, the {governing authority or its designee] shall issue
written notification of the violation to the U.S. Environmental Protection
Agency, the U.S. Army Corps of Engineers and the landowner.
5.5 Suspension, Revocation. The {governing authority or its designee] may
suspend or revoke a permit if it finds that the applicant has not complied
with the conditions or limitations set forth in the permit or has exceeded the
scope of the work set forth in the permit. The {governing authority or its
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designed shall cause notice of denial, issuance, conditional issuance,
revocation or suspension of a permit to be published in a daily newspaper
having a broad circulation in the area where the wetland is located.
6 Judicial Re view
6.1 Jurisdiction. All final decisions of the [governing authority or its
designee] concerning denial, approval or conditional approval of a special
permit shall be reviewable in the County Superior Court.
6.2 Alternative Actions. Based on these proceedings and the decision of die
court, the [governing authority or its designee] may, within the time
specified by the court, elect to:
1. Institute negotiated purchase or condemnation proceedings to acquire an
easement or fee interest in the applicant's land;
2. Approve the permit application with lesser restrictions or conditions (i.e.,
grant a variance); or
3. Institute other appropriate actions ordered by the court that fall within
the jurisdiction of the [enforcement authority],
7 Amendments
These regulations and the Generalized Wetland Map [Optional: Official Zoning
Map] may from time to time be amended in accordance with procedures and
requirements in the general statutes and as new information concerning wetland
locations, soils, hydrology, flooding or plant species peculiar to wetlands becomes
available.
8 Assessment Relief
Assessors and boards of assessors shall consider wetland regulations in
determining the fair market value of land. Any owner of an undeveloped wetland
who has dedicated an easement or entered into a conservation program with the
government or a nonprofit organization restricting activities in a wetland shall
have that portion of land assessed consistent with those restrictions. Such
landowner shall also be exempted from special assessment on the wetland to
defray the cost of municipal improvements such as sanitary sewers, storm
sewers and water mains.
9 Separability and Abrogation
All sections and subsections of this ordinance are considered separate and
distinct. Should any section, subsection, paragraph or part of this ordinance be
declared by a court of jurisdiction to be invalid for any reason, it shall not
invalidate any other section, subsection, paragraph or part of this ordinance.
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All ordinances and regulations in conflict with this ordinance are hereby
repealed.
10 Definitions
Functions - The beneficial roles that wetlands serve, including: storage,
conveyance and attenuation of floodwater and stormwater; protection of water
quantity and quality and reduction of erosion; habit for wildlife, including rare,
threatened and endangered species; food chain support for a wide variety of
wildlife and fisheries; educational, historical and archeological value protection;
and scenic, aesthetic and recreational amenities.
Generalized Wetland Map - A map showing the general locations of wetlands
within the jurisdiction of [name of local government].
Hydric Soils - Soils that form as a result of saturated soils conditions. A list of
these soils is maintained by the Soil Conservation Service.
Hydrophytic vegetation - Macrophytic plants tolerant of or dependent on saturated
soil conditions.
Jurisdictional Determination - An official, written statement or map signed by the
U.S. Army Corps of Engineers or, in the case of coastal marshlands, the Georgia
Department of Natural Resources.
Jurisdictional Wetland - A wetland area that meets the definitional requirements
for wetlands as determined by the U.S. Army Corps of Engineers.
Temporary Emergency Permit - A temporary permit that may be issued in certain
circumstances specified in Subsection 3.3.7.
Wetland - An area that is inundated or saturated by surface water or
groundwater at a frequency and distribution sufficient to support, and under
normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Wetlands generally include swamps, marshes, bogs and similar areas.
Wetland Delineation - The establishment of wetland boundaries by a
representative of the U.S. Army Corps of Engineers or an authority designated by
the Corps.
Wetland Protection District - All wetlands within the jurisdiction of [name of local
government] and shown on the Generalized Wetland Map.
NOTE: Where other terms or words require definition, please refer to the 1987
U.S. Army Corps of Engineers Wetlands Manual or call the District Corps office
in Savannah, at 1-800-448-2402.
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APPENDIX
Source Material for the Preparation of Generalized Wetland Maps '.
A. Available Map Resources
1. National Wetlands Inventory Maps (NWI). NWI maps are the most commonly
used maps. Most of these maps are at scales of 1:24,000 and correspond to
United States Geologic Survey (USGS) topographic maps. The minimum area
mapped is usually one to three acres. Small wetlands and very narrow
wetlands in river corridors may be missed.
These maps were developed from interpretations of available aerial
photographs; therefore, mapped boundaries of wetlands do not reflect
jurisdictional boundaries (as would be determined if the federal delineation
manual were used on the ground).
Only a small portion of the maps has been "ground-truthed," but nationwide
efforts to assess the accuracy of the maps have been extensive. Accuracy varies
upward from about 60 percent, with most maps being at least 90 percent
accurate.
The strength of these maps is the spatial resolution (often to within one acre,
which is relatively good). NWI maps identify the location of wetlands and
indicate wetland type using the Cowardin classification scheme.
The limitations of these maps are that wetlands that were cultivated at the time
of mapping are generally not depicted and forested wetlands are poorly
discriminated. In some areas, these two wetland types are a major portion of
the wetlands resource. Particularly in areas of rapid growth and accelerated
wetlands loss, many maps have become quickly outdated.
Maps are available through:
a. Department of Community Affairs, 1200 Equitable Building, 100 Peachtree
Street, Atlanta, Georgia 30303. Telephone: 1-404-656-5527.
b. National Wetlands Inventory, U.S. Fish and Wildlife Service Regional Office,
1875 Century Boulevard, Atlanta, Georgia 30345. Telephone: 1-404-266-8500.
c. Earth Science Information Center, U.S. Geological Survey, Reston,
Virginia. Telephone: 1-800-USA-MAPS.
Other information, including information about wetland functions and values
and options for their protection, can be obtained from the EPA Wetland
Protection Hotline, LABAT-ANDERSON, Inc., 2200 Clarendon Boulevard,
Suite 900, Arlington, Virginia 22201. Telephone: 1-800-832-7828.
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2. County Soil Survey Maps. These maps range in scale from 1:15,840 to
1:31,680. Soil maps do not delineate wetlands, but rather their presence may be
inferred from the occurrence of soils classified as "hydric" by the. Soil
Conservation Service. From accompanying soil interpretation record data,
wetlands might cautiously be classified by type. These maps were developed by
trained soil scientists who examined vertical soil profiles at regular intervals
along ground transects and generalized subjectively from them to the
surrounding landscape on the basis of landform, vegetation and other factors.
These maps do not specify wetland type as do the NWI maps. Most published
soil surveys report the acreage of each soil series in the survey area. Soil
survey maps are extensively used as a secondary data source for wetlands
mapping. However, hydric soil inclusions (patches of hydric soil too small to
map) are probably common in many soils mapped as non-hydric, but the extent
to which this occurs is unknown. It should also be noted that some soils,
classified as hydric are not hydric everywhere they are mapped; marginally
hydric soils indicate wetlands only in certain landscape positions. Caution
should therefore be used when inferring the presence of wetlands from soils
classified and mapped as hydric.
The advantage of using these maps is that they are sometimes available in
areas where NWI maps are not yet available. Soil surveys might be used, with
caution, to infer locations of cropped wetlands not included in NWI maps; to
differentiate among some wetland functional types (alluvial seasonally flooded
Vs. isolated seasonally flooded) when linked with the SCS SOIL5 database
which describes the physical properties of each soil series; and to categorize
hydrologic and water purification function of specific wetlands.
Limitations of these maps are numerous. Many small but cumulatively
significant areas that often are wetlands (with hydric soil inclusions) are not
mapped because the soil classification systems used in soil survey maps
classify soils in landscape groupings. Aquatic bed and many tidal or
permanently flooded wetlands are typically mapped as open water, not
wetlands, on SCS maps. Areas classified as having hydric soils are not always
wetlands, in part because they may have been drained (either prior to or after
the survey was conducted). This can lead to overestimation of current wetlands
acreage. Many drained hydric soils can retain sufficient "hydric" features to
result in their being classified by soil mappers as hydric even after decades of
continuous drainage. Conversely, not all wetlands contain soils that are
classified as hydric, and this can lead to underestimation of wetlands acreage.
Wetlands may be the result of recent impoundment; in such areas, it typically
takes at least a decade for hydric soil features to appear. Moreover, even the
soils of some wetlands with hydric characteristics that have existed for decades
do not appear on the SCS hydric soils list.
Maps are available through:
U.S. Department of Agriculture Soil Conservation Service field offices
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(generally located in the county seat of each county).
3. State Soil Geographic Data Base (STATSGO) and National Soil Geographic
Data Base (NATSGO) maps.
STATSGO maps are available at 1:250,000 scale with about 100 acres resolution.
Digital coverage maps will be available by late 1993. These maps include soils
on federal land.
NATSGO maps are available at 1:3,000,000 and are currently available showing
the entire United States. They do not include federal land.
STATSGO maps are generally based on soil surveys completed since 1960. SCS
has determined the map unit composition (the groupings of soil types mapped
as a single polygon or unit) by transecting or sampling areas on the more
detailed SCS County Soil Survey maps and expanding the data statistically to
characterize each whole map unit.
Wetlands themselves are not delineated; rather their presence may be inferred
from the presence of soils officially considered "hydric". From accompanying
SOIL5 data, which describe the physical properties of each soil series, these
wetlands landscapes might cautiously be classified by function.
NATSGO maps are also generally based on soil surveys completed since 1960.
Map units are the polygons of SCS's Major Land Resource Area (MLRA) map.
The sample points of the National Resources Inventory (NRI) are statistically
aggregated within each MLRA unit. Each NRI record is keyed to the soil
interpretation record (SOILS) data base so that soil attributes relevant to
wetlands function are available for each of the 300,000 NRI sample points.
. •***
These maps are relatively new and have not been tested extensively against
wetlands field data.
Both map types are the only currently available maps from which the
landscape-level water purification and flood control functions of wetlands
might be inferred for all areas of the United States
The scale/resolution of the maps is inappropriate for most planning purposes
at the local level. Also, these maps cannot be used to infer the functions of an
individual wetland. Inferences of wetlands functions at the landscape level
would be based on hydric soils, but not all hydric soils are wetlands. In the case
of the STATSGO data, the soil mapping units do not necessarily coincide with
physical boundaries that are relevant to defining landscape functional units •
(watersheds). This could lead to some imprecision in estimates compiled on
that basis. The generation and compilation of thematic maps from STATSGO
and NATSGO maps requires a mainframe computer with adequate storage,
advanced data base management and GIS software and a skilled computer
technician.
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Maps are available from:
National Cartographic Center, USDA Soil Conservation Service,.
Fort Worth, Texas
4. Soil Conservation Service (SCS) Swampbuster Maps. These maps are mostly at
a scale of 1:12,000 or 1:20,000 and primarily cover cropland and areas closely
associated with cropland.
Most maps were completed since 1987 and largely represent a one-time
assessment; about five percent may be reassessed annually.
Wetland boundaries were hand drawn on recent aerial photographs. The
delineations were based on an overlay of hydric soils maps; hydrophytic
vegetation and presence of surface water (as visible from aerial photographs
from multiple years); and, in some cases, field checking to confirm wetlands
status.
These maps probably represent the most extensive, detailed and up-to-date map
source for wetlands in certain areas. However, because these maps are
relatively new, they are not widely used because of limited distribution.
These maps are not for sale but can be viewed at state SCS offices.
The strength of these maps is that they are a useful complement to NWI maps
because they include many of the wetlands that NWI misses, specifically,
cropped and very small wetlands.
Thea limitation of these maps is that because wetland boundaries were drawn
on aerial photographs not printed for'mass distribution, the maps are difficult
to access and compile and they often do not include prior converted wetlands.
5. FEMA Flood Hazard Maps. The scale varies depending on the locality and
ranges from 1 in. = 2,000 ft. to 1 in. = 200 ft.
Maps show floodplains of 100 and 500-year storm events based on analyses
conducted since 1968. Floodplains were delineated from topographic maps,
stream flow data, channel cross-sectional measurements and aerial
photographs supplemented with limited hydraulic modeling and ground-
checking.
These maps are not extensively used to identify wetlands.
The strength of these maps is that they might be used to help identify dominant
water sources and transport vectors for specific wetlands located near rivers.
They also might be used to identify wetlands that, if they store fioodwater, are
likely to have greater value because they help protect downstream properties
that otherwise are likely to be flooded.
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Limitations are that FEMA maps are not available for all jurisdictions. The 100-
and 500-year floodplains do not have any particular ecological or geomorphic
significance (annual, two-year and five-year floodplains are probably more
functionally important) and their correlation with wetlands or hydric soil extent
or function is unknown. Their accuracy may be reduced in areas with very
wide, flat floodplains and backwater flooding. Boundaries may be outdated on
maps of communities that have experienced rapid development since mapping.
Maps are available through:
Flood Map Distribution Center, Federal Emergency Management Agency,
Baltimore, MD.
6. USGS Land-Use Land Analysis Maps (LUDA). Most LUDA maps are at a
scale of 1:250,000; some are at 1:100,000. The minimum map unit size for the
former is generally 40 acres (ten acres for open water).
These maps are based on interpretation of aerial photographs at a scale of
1:62,500 and recognize only two types of wetlands: forested and non-forested
wetlands. Additionally, each map represents only one time period, ranging
from the late 1960s to the present.
The maps are seldom used in identifying wetlands.
The strengths of these maps are that they are the only source of digital wetlands
data for nearly the entire Unites States and the only map data source that
includes all landscape components, not just wetlands. This allows for better
integration of wetlands data with other landscape data when interpreting the
role of wetlands in the landscape.
The limitation of these maps is that wetlands are grossly underestimated,
because the minimum map unit size is too coarse and also because a consistent,
modern definition of wetlands was not used during the mapping. In particular,
forested, cropped and aquatic bed wetlands appear to be ignored or severely
underestimated.
Maps are available from:
Earth Science Information Center, U.S. Geological Survey, Rest-on,
Virginia.
7. Georgia Department of Natural Resources (DNR) Landcover Maps. These
maps show 15 types of land use, including seven wetland classes, and have
been produced at a scale of 1:24,000. They are not available for general
distribution, but are on file at RDC offices.
Digital versions of the landcover data are available from:
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USGS Center for Spatial Analysis Technologies, Georgia Institute of
Technology Research Institute, Baker Building, Atlanta, Georgia 30332. This
information is derived from automated classification of Landsat satellite
imagery. As with NWI maps, they cannot be used to determine jurisdictional
wetlands as regulated by the Army Corps of Engineers. Although a useful
complement to NWI maps, they were produced at an accuracy of 85 percent
and have not been thoroughly field checked.
Cowardin, L.M., et al, Classification of Wetlands and Deepwater Habitats of the
United States, Washington, D.C.: U.S. Pish and Wildlife Service, 1979.
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