§ 152.774 DEVELOPMENT REGULATIONS.
   (A)   Wetland systems impact plan. Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any of the wetlands district within the city shall first submit a conditional use permit application and a plan of development, hereinafter referred to as a "wetland systems impact plan," which shall set forth proposed provision for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. The plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, changes will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lakes, streams, watercourses and marshes, low lands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
   (B)   High water elevation. For lakes, ponds or flowages, no structure, except boat houses, piers and docks, shall be placed at an elevation so that the lowest floor, including basement floor, is less than three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been inspected by the Planning Commission.
   (C)   State permit required. It is unlawful for any person to fill or excavate in any wetland having an area of two and one-half acres or greater or in any watercourse draining greater than two square miles without first obtaining a permit from the State Department of Natural Resources.
(Prior Code, § 11-81-5) (Ord. 258, passed 5-4-2006) Penalty, see § 10.99