§ 6.12.00. Development activities within wetland protection zones.

(1)

Except as expressly provided herein, no development activity shall be undertaken in a wetland protection zone.

(2)

Permitted and prohibited activities within wetland protection zones.

a.

Conservation of soil, water, vegetation, fish, shellfish, and wildlife;

b.

Outdoor recreational activities including birdwatching, hiking, boating, fishing, trapping, horseback riding, and swimming;

c.

Single-family residences at a density no greater than one unit per one-half acre and meeting the following criteria:

1.

All development must be designed in accordance with town's floodplain regulations for development in the 100-year floodplain, regardless of whether or not the site is within the 100-year floodplain.

2.

Filling of wetlands shall be limited only to providing driveway access to the site and only if no other upland site is available for this purpose;

d.

Education and scientific research, nature trails;

e.

Wilderness areas and wildlife preservation and refugees;

f.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute, or this Code. The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area form maintaining surface water or hydroperiodicity necessary to sustain wetland structure and function;

g.

Developing a "wetlands storm water discharge facility" or "treatment wetland" in accordance with state permits received under Articles 17-25 and 17-6, Florida Administrative Code [F.A.C. 17-25 and 17-6].

In addition, the following structural uses are permitted providing they do not involve grading, fill, dredging, or draining: catwalks, piers, boathouses, boat shelters, fences, duck blinds, wildlife management shelters, footbridges, observation decks and shelters, and other similar water-related structures, provided that such structures are constructed on piling so as to permit the unobstructed flow waters and preserve the natural contour of the wetland.

All other uses and activities involving structures, grading, filling, dredging, vegetation removal, and disturbance of wetland water supply and flora and fauna are prohibited for the effective duration of this ordinance except as they may be permitted as special permit uses.

All uses and activities that were lawful before the passage of this ordinance but which do not conform with the provisions of this Code, may be continued but may not be expanded, changed, enlarged, or altered except as permitted as special permit uses.