(A) Uses by right. The following uses shall be allowed as a right within a wetland to the extent that they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining or dredging except as provided herein or authorized by special permit:
(1) Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife;
(2) Outdoor recreational activities, including fishing, trapping, bird watching, hiking, boating, horseback riding, swimming and canoeing;
(3) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and seeds in a manner that is not injurious to natural reproduction of crops and provided the harvesting does not require alteration of the wetland by changing existing wetland water conditions or sources, tilling of soil or planting of crops:
(4) Education, scientific research and nature trails; and
(5) Uses by right that do not require a special permit and that may involve filling, flooding, draining, dredging, ditching or excavating to the extent specifically provided herein: 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 the roads, structures or facilities are not materially changed or enlarged and written notice prior to the commencement of work has been given to the Beverly Shores Plan Commission 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 impaired and that any adverse effect on the aquatic environment will be minimized.
(B) Special permit uses. Regulated activities other than those specified in division (A) above may not be conducted except upon application to the Beverly Shores Board of Zoning Appeals and issuance of a special permit.
(Ord. 208, passed 12-19-1983)