EPA 904-R-97-901
MODEL WETLAND PROTECTION ORDINANCE
Georgia Department of Community Affairs
Jim Higdon, Commissioner
Julia Moore
Office of Coordinated Planning
(404) 679-3114
1200 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
An Equal Opportunity Employer
1997
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.
MODEL WETLAND PROTECTION ORDINANCE
Table 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
3.1a [Optional] Local Development Permit Requirements
3.1b [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
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
6 Judicial Review
6.1 Jurisdiction
6.2 Alternative Actions
7. Amendments
8. Assessment Relief
9. Separability and Abrogation
10. Definitions
Appendix
Reference
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 promote 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, floodplain and erosion
control, groundwater recharge, aesthetic nature and wildlife
habitat.
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 Wetlands Inventory Maps (NWI), 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.
2.1a 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.
Note, Subsection 2.1b [Optional]: The following optional
subsection offers a more rigorous approach to defining the
"Wetland Protection District" than optional Subsection 2.1a,
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 clearly
identify the public benefit(s) to be achieved. The basis for
additional local protection should relate directly to public
health, safely 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.lb 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 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. 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 ensuing compliance with
Section 404 of the Clean Water Act, as amended.
3.1a [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 General
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.
Note, 3.1a [Optional]: Option 3.1a is designed for
communities in which wetlands are relatively rare and
discontinuous. It is a less stringent approach than Option
3.1b. Option 3.1b 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 jurisdictional 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 3.1b [Optional] To find out whether your
proposed activity requires 404 permit, or to request a
Jurisdictional Determination from the U.S. Army Corps of
Engineers, mail inquires to :
U.S. Army Corps of Engineers
Regulatory Branch
P.O. Box 889
Savannah, Georgia 31402-0889.
1-800-448-2402
email: Necholus Ogden, Chief
3.2; Permit Requirements within the Wetland District Setback
[Optional, if the local government chooses to establish a
setback 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 this blank.
3.2.1 The rate of stormwater 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 earned 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.
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 watching, hiking, boating, horseback riding
and canoeing.
3.3.3 Forestry practices applied in accordance with best
management practices approved by the Georgia Forestry
Commission and as specified in action 404 of the Clean Water
Act.
Note, Subsection 3.3.3: Section 404 does not require permits
for normal, ongoing silvicultural 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, safely, 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.
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
setback/buffer of *** feet between the pasturing activities
and the wetland.]
***Note, Subsection 3.3.5: See Note 1, Subsection 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 impacted and that any
adverse effect on the aquatic environment will be minimized.
--- Temporary water-level stabilization measures associated
with ongoing silvicultural 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 3.2.4.
--- 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 district from the boundaries of
the proposed site to the nearest bank of an affected
perennial 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 buildable 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 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 [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.
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 designee] 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 Review
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 the 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.
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
8.3.7.
Wetland - An area that is inundated or saturated by
surfacewater 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.
APPENDIX
Source Material for the Preparation of Generalized
Wetland Maps
A. Available Map Resources
1.
National Wetlands Inventory Map's (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.
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 transect 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
soil's 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 SOILS 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 [SCS]
(now Natural Resources Conservation Service [NRCS]
field offices
Maps are available from:
National Cartographic Center, USDA Soil Conservation Service
Fort Worth, Texas (now Natural Resources Conservation Service [NRCS]
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.
The 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 floodwater,
are likely to have greater value because they help protect
downstream properties that otherwise are likely to be
flooded.
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 United
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,
Reston, Virginia.
7. Georgia Department of Natural Resources (DNR) Land cover
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 Land cover data are available from:
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.
REFERENCE
Cowardin, L.M., et al., Classification of Wetlands and
Deepwater Habitats of the United States, Washington, D.C.:
U.S. Fish and Wildlife Service, 1979.
go to: EPA Region 4's HOME PAGE
file: www.epa.gov/region4wet/wetpro.html
date mounted on the internet: 30 JUNE 1998
latest update: n/a
