§ 4.01.07. Environmentally Sensitive Areas—Wetlands and Natural Water Bodies

A.

Activities Prohibited, Allowed

1.

Land alteration activity which destroys, reduces, impairs or otherwise adversely impacts a wetland or natural body of water shall be prohibited unless specifically approved by the EPC, in accordance with EPC Rule Chapter 1-11, or, in the case of seawalls, such other regulatory agencies as are empowered by law to authorize such activities.

2.

Land alteration activity which destroys, reduces, impairs or otherwise adversely impacts a wetland within 500 feet of the Hillsborough River, Alafia River, or Little Manatee River shall be prohibited, regardless of any other regulatory agency authorization. The 500 feet shall be measured from the jurisdictional line established by the EPC for wetlands and natural waterbodies.

3.

Wetlands and natural water bodies to be protected from development shall be designated Conservation Area or Preservation Area, as appropriate, on all development plans and plats. (See definition of environmentally sensitive areas.)

B.

Setbacks

1.

Setbacks shall be required from those Conservation and Preservation Areas listed as wetlands or natural water bodies in the definition of environmentally sensitive areas. Setbacks shall be a minimum of 30 feet for Conservation Areas and a minimum of 50 feet for Preservation Areas. Wider setbacks may be required by the EPC depending on the environmental sensitivity of the area and the intensity of the development proposed adjacent to the area. For example, a wider setback may be required for a large excavation proposed adjacent to a wetland in order to prevent dewatering of the wetland. Narrower setbacks may be allowed to preserve trees within the portion of the parcel to be developed, if specifically approved by the Administrator and the EPC.

2.

Notwithstanding Section 4.01.07 B.1., no setback shall be required landward of a seawall which is constructed pursuant to the approval of appropriate regulatory agencies (see definition of seawall), with the exception of a seawall permitted along a lake. Pursuant to the description of a lake, as defined by this Code, setbacks shall be required in accordance with Section 4.01.07.B.1.

3.

Removal of native vegetation within a required setback is discouraged and may be restricted or prohibited by the EPC to protect the wetland or water body. The EPC may require that all or a portion of the vegetation within a setback be retained to provide natural filtration of surface water runoff or to prevent soil erosion and downstream sedimentation. For example, the retention of the vegetation along the bank of an incised stream or river may be required.

4.

No filling, excavating or placement of permanent structures or other impervious surfaces shall be allowed within a required setback except for the installation of a sprinkler system, utility line, or landscaping; or except as specifically approved for the construction of a road essential for access, wetland recreation access no greater than 20 feet wide, construction of a stormwater retention or detention basin or other stormwater-related structure, construction of a boardwalk or other stilted structure, grade finishing to provide a gradual slope between the setback line and the environmentally sensitive area, the limited use of semi-pervious paving material, construction of a retaining wall, recreational trail, or golf cart path; or except as specifically approved for construction of a swimming pool provided there is no encroachment within 15 feet of a Conservation Area and 25 feet of a Preservation Area.

(Ord. No. 04-27, § 2, 6-10-04)