12-733: WETLAND BUFFERS AND SETBACKS:
   A.   The Governing Body may require buffer areas adjacent to wetlands in new subdivisions, conditional use permit or zone change sites, based on the type of wetland as determined by Idaho Department of Fish and Game, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers or the applicant's design professional.
   B.   Building setbacks to wetlands of a minimum of forty feet (40'), unless it can be demonstrated by the wetlands professional that the wetlands are of a low quality, have low levels of function as wetlands and are heavily disturbed, as determined by the U.S. Army Corps of Engineers or the applicant's certified wetland delineator. Setbacks to low quality wetlands may be reduced to not less than twenty feet (20').
   C.   Vegetation conservation requirements no greater than specified in section 12-714 of this chapter.
   D.   Setbacks standards shall not apply to mapped wetlands which have been lawfully filled in accord with Federal regulations for wetland fill under section 404 of the Clean Water Act. (Ord. 501, 11-18-2008)