§ 3.05.00. Wetland protection.

3.05.01.

Generally.

A.

Purpose. The purpose of the regulations in this section is to promote wetland protection, while taking into account varying ecological, economic development, recreational, and aesthetic values. The regulations set forth in this section are intended to limit activities that may damage wetlands, and to require that such activities be located on upland sites to the greatest degree practicable as described in the comprehensive plan. The regulations set forth in this section are further intended to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain protection, erosion control, groundwater recharge, aesthetic nature, and provision of wildlife habitat.

B.

Applicability. Regulations for the protection of wetlands, set forth in this section, shall apply to all lands within wetlands located within the jurisdiction of Henry County.

3.05.02.

National wetland inventory (NWI) maps. The U.S. Department of the Interior, National Wetland Inventory Maps (NWI Maps), together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this ULDC. NWI maps are available at http:wetlands.fws.gov.

3.05.03.

Determination of wetlands boundary.

A.

Generally.

1.

The NWI maps are general reference documents, and wetland boundaries indicated on the maps are approximations. The purpose of the NWI maps is to alert developers/landowners if the property proposed for development is within or adjacent to a wetland.

2.

The NWI maps do not represent the boundaries of jurisdictional wetlands within Henry County and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended.

B.

Where it is determined that wetlands are located on property proposed for development, a determination of the location and extent of the wetlands shall be made by the U.S. Army Corps of Engineers or a qualified environmental engineer. A local permit for development within wetlands shall not be issued until a determination has been made by the U.S. Army Corps of Engineers as to whether jurisdictional wetlands exist on the site. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant shall first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers.

3.05.04.

Permissible activities within wetlands. Lawful activities set forth in this section shall be allowed as of right within a wetland. Constructing, grading, filling, draining, or dredging shall be permissible only as provided.

A.

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 a permit as required by section 404 of the Clean Water Act.

B.

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

C.

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.

D.

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

E.

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.

F.

Education, scientific research, and nature trails.

3.05.05.

Prohibited activities within wetlands. The following activities are prohibited within wetlands:

A.

Receiving areas for toxic or hazardous waste or other contaminants.

B.

Hazardous or sanitary waste landfills.

C.

Other uses prohibited in the underlying zoning district.

3.05.06.

Temporary activities within wetlands. The following activities may be permissible on a temporary basis, provided that emergency conditions require the activity:

A.

Maintenance or repair, subject to the following requirements:

1.

Maintenance and repair is limited to lawfully located roads, structures, and facilities used in the service to the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, or other services;

2.

The roads, structures, or facilities are not materially changed or enlarged;

3.

Written notice prior to the commencement of work has been given to Henry County; and

4.

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 shall be minimized.

B.

Temporary water level stabilization measures associated with ongoing silvicultural operations.

C.

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 as set forth in subsection 3.05.04.D. above.

D.

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.

3.05.07.

Buffers required.

A.

Location of buffer. A buffer shall be located adjacent to and running parallel with the boundary established pursuant to subsection 3.05.03 above. The buffer shall provide an area of protection between the wetland, whether or not subsequently removed pursuant to U.S. Army Corps of Engineers permit and any permissible activity within or adjacent to the wetland.

B.

Buffer standards.

1.

The buffer shall be a minimum of twenty-five (25) feet in width.

2.

All natural vegetation shall be retained and maintained within the buffer.

3.

The number and types of plants required within the buffer shall be as set forth in section 5.02.00.