§ 4.01.03. Natural Resources Permit

A.

When Required

Except as specifically exempted herein, it shall be unlawful for any person, firm or corporation, either individually or through an agent to cause land alteration within the unincorporated areas of Hillsborough County without having obtained a Natural Resources Permit from the Administrator, or to allow a condition which is the result of unauthorized land alteration activity to remain unremedied. The property owner at the time a violation is discovered may be held responsible for remedying said violation pursuant to Section 11.06.00 of the Code.

B.

Effect of Permit

Issuance of a Natural Resources Permit by the Administrator, or exemption from the requirement thereof, does not abrogate any legal requirement to comply with the regulations of any other governmental agency, local, state or federal, which may have jurisdiction over the proposed activity upon the land.

C.

Exceptions to Requirement of Permit

No permit under this section is required for:

1.

The removal of dead or naturally fallen vegetation, except within an environmentally sensitive area.

2.

The limited removal of understory vegetation necessary to obtain clear visibility between two points for the purpose of performing field survey work, provided the removal will not create a cleared swath wider than three feet.

3.

The removal of vegetation that is endangering public health, safety or welfare, and, after consultation with Administrator, it is determined by Administrator that there is no other remedy provided in this Code.

4.

The removal of exempted trees, as defined in this Code.

5.

The removal of vegetation planted on the premises of a plant or tree farm and grown for the purpose of selling to the general public in the ordinary course of business.

6.

The transplanting of understory vegetation, including any tree with a DBH of less than five inches, for use as landscaping material within the site or off the site, provided the understory vegetation is not transplanted from an environmentally sensitive area.

7.

Land alteration activities within new, approved utility rights-of-way or easements necessary to supply gas, water, sewer, telephone, cable television, or electrical service with one exception, provided these activities do not adversely impact an environmentally sensitive area. The exception to this exemption is any land alteration activity within a new electrical transmission corridor greater than 100 feet in width. Pursuant to the definition of land alteration, activities undertaken to maintain existing utility rights-of-way or easements are not regulated by these land alteration regulations.

8.

Land alteration activities necessary to install a sprinkler system, septic tank, septic tank drainfield, utility line or swimming pool; or minor filling for topsoil or foundation fill; provided these activities do not involve tree removal or are not undertaken within an environmentally sensitive area. (NOTE: Swimming pools, septic tanks and septic tank drainfields are prohibited within setbacks associated with wetlands and natural water bodies pursuant to 4.01.07.

9.

Land alteration activities on residentially zoned land for single-family or two-family residential use where the principal structure allowed pursuant to the zoning regulations has been previously permitted and constructed, provided:

a.

The activities do not impede or divert the flow of surface water entering or leaving the lot or parcel in a manner that adversely impacts offsite property; or

b.

The activities do not adversely impact an environmentally sensitive area; or

c.

The activities do not involve the removal of any tree having a DBH of 12 inches or greater or adversely impact the health of such trees.

10.

Land alteration activities which are normal and necessary to conduct bona fide agricultural operations, as determined by the Administrator, where those operations are on land in a zoning category which allows agricultural use, provided:

a.

The activities do not impede or divert the flow of surface water entering or leaving the land in a manner that adversely impacts offsite property; or

b.

The activities do not adversely impact an environmentally sensitive area; or

c.

Not more than 500 cubic yards of material are removed off-site.

d.

The activities conform to the standards specified in Section 4.01.05.E of this Code.

11.

Land alteration activities regulated by the Phosphate Mining Regulations. While no Natural Resources Permit is required, land alteration activities regulated by the Phosphate Mining Regulations shall be in compliance with certain standards and guidelines contained in the Natural Resources Regulations as specifically provided in the Phosphate Mining Regulations.

12.

Land alteration activities regulated by the Land Excavation Regulations. While no Natural Resources Permit is required, land alteration activities regulated by the Land Excavation Regulations shall be in compliance with certain standards and guidelines contained in the Natural Resources Regulations as specifically provided in the Land Excavation Regulations.

13.

Land alteration activities regulated by the Hillsborough County Solid Waste Ordinance.

14.

Land alteration activities required by an administrative or judicial order for the correction of landfill violations or closure of a landfill pursuant to Chapter 17 of the Florida Administrative Code or Chapter 1-7, Rules of the EPC.

15.

Hillsborough County land alteration activities within public rights-of-way, easements or parcels necessary to construct public works facilities are required to comply with the intent of the Natural Resources Regulations; and the Administrator shall review these activities to ensure such compliance. However, Hillsborough County shall not be required to submit an application, pay a review fee, or obtain a Natural Resources Permit. Any request for variance or waiver regarding such activities shall be heard directly by the Land Use Hearing Officer.

16.

In the interest of public safety, health and general welfare during or following high winds, storms, hurricanes, tornadoes, floods, freezes, fires or other manmade or natural disasters, the Administrator, upon finding that a waiver is necessary and defining geographically the area of the emergency, may suspend the Natural Resources Regulations for a period of up to 30 days in the affected area.

17.

The trimming and removal of trees for runways, taxiways, aprons, runway protection zones and approaches, air traffic control towers, and aircraft navigational aids when federal law, Florida state law or local airport zoning regulations require trimming or removal of trees for public safety purposes. Additionally, no tree replacement in accordance to Sections 4.01.06.A.7 and .8 or contribution to the Restoration Fund in accordance with Section 4.01.15 shall be required for this permit exception; however any trimming or removal of trees under this subsection on land that is not owned or operated by a public aviation authority shall require compliance by the aviation authority with tree replacement requirements specified in Sections 4.01.06.A.7 and .8 to the extent allowed under the height regulations contained in federal law, Florida state law or local zoning regulations. Where height regulations prevent such replacement of trees, no contribution to the Restoration Fund shall be required under Section 4.01.15.

D.

Certain Activities Exempt From Provisions Pertaining to Uplands Providing Significant and Essential Wildlife Habitat

1.

The terms of 4.01.08 through 4.01.13, pertaining to Uplands Providing Significant and Essential Wildlife Habitat, shall not apply to the following activities:

a.

Land alteration activities necessary to make the improvements shown on Site Development Plans and Subdivision Construction Plans approved prior to May 1, 1992; or

b.

Land alteration activities necessary to develop a minor commercial project which does not require approval under the Site Development Regulations; or

c.

Land alteration activities on land subdivided pursuant to the Subdivision Regulations for a subdivision that does not require improvement facilities; or

d.

Land alteration activities necessary to construct a single family or two family residence.

2.

Development specifically vested against land development regulations adopted to implement the Comprehensive Plan pursuant to a valid, unexpired Vested Rights Special Use Permit shall not be required to comply with 4.01.08 through 4.01.13, pertaining to Uplands Providing Significant and Essential Wildlife Habitat. The County shall determine the extent to which development rights have been vested in each case, based on the Order issued by the Vested Rights Hearing Officer.

3.

Development specifically approved in a final, unexpired DRI Development Order which was adopted prior to the adoption of the Future of Hillsborough Comprehensive Plan is exempt from the provisions of 4.01.08 through 4.01.13, Uplands Providing Significant and Essential Wildlife Habitat. Further, any amendment to such DRI Development Order which does not increase the impact of authorized development within upland habitat areas sought to be protected by the provisions of 4.01.08 through 4.01.13 shall also be exempt from such provisions. Any amendment to such DRI Development Order which does increase the impact of authorized development within upland habitat areas sought to be protected by the provisions of 4.01.08 through 4.01.13 shall be addressed in the manner provided in that Section. Except as to applications subject to a Hearing Master recommendation pursuant to Part 9.02, the County Attorney's Office shall make a recommendation to the Board of County Commissioners as to the extent of vesting in each case.

4.

These regulations shall not apply to those land alteration activities that are necessary to make the improvements shown on the CU Detailed Site Plans, Preliminary Plats, Commercial Site Plans and Commercial Landscaping Plans submitted to the Administrator for review prior to November 15, 1985. These activities shall be reviewed for compliance with Ordinance 74-13, as amended, and 77-1, as amended. Those land alteration activities associated with construction of the principal and ancillary structures on individual lots in a subdivision are activities separate from those described above and shall be required to comply with these regulations, except those activities associated with construction of the principal structures on residential subdivision lots which prior to November 15, 1985 were assessed fees pursuant to Ordinance 74-13.

5.

The terms of 4.01.08 through 4.01.13 pertaining to upland significant wildlife habitat shall not apply to those land alteration activities which are normal and necessary to conduct bona fide agricultural operations where those operations are on land designated AR, A, or AM, once 8,500 acres of upland significant wildlife habitat on lands designated AR, A, or AM on the Future Land Use Map are permanently protected.

6.

With exceptions, the terms of 4.01.08 through 4.01.13 pertaining to upland significant wildlife habitat shall not apply to any land alteration activities once 22,000 acres of upland significant wildlife habitat are permanently protected. The exceptions are as follows:

a.

The terms of 4.01.09 C 3, 4 and 5 pertaining to roads shall continue to apply; and

b.

The terms of 4.01.08 through 4.01.13 shall continue to apply to land alteration activities necessary to construct public utilities.

E.

Inventory

The Administrator shall maintain an inventory and record of lands meeting the requirements prescribed in 4.01.03 D 5 and 6. To be credited toward the prescribed targets, such lands shall have been permanently protected on or after March 4, 1992. The Administrator shall certify that the prescribed targets have been met.

(Ord. No. 03-9, § 2, 6-5-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 09-62, Item D, 10-26-09, eff. 2-1-2010)