This chapter applies to all land-disturbing activities regulated by this ordinance. No building permit may issue and no land disturbance started for any construction in a development, as defined in Appendix A attached to Ordinance 2021-32, identified as containing wetlands until the property owner has obtained all required state and federal permits or releases related to the dredging or filling of wetlands. As a pre-condition to receiving a building or land disturbance permit for a development identified as containing wetlands where the applicant for the permit does not intend to fill a wetland, such unaffected wetland must be identified in one of the methods enumerated in Division III of this Chapter, shown on the proposed development plans, and submitted to the Town of Dyer along with plans to protect and avoid any disturbance to such unaffected wetland.
The requirements under this chapter do not apply to the following:
(a) Artificially-constructed ponds, drainage ditches, stormwater retention/detention basins, gravel pits, stone quarries, and treatment lagoons that exist at the site and that may appear to display wetland-like properties.
(b) Wetlands or portions thereof for which federal or state permits for fill were issued prior to the enactment of this Chapter.
(c) Any area or use excluded from local planning and zoning jurisdiction by federal or state law.
It is the responsibility of the property owner to complete a SWPPP and ensure that all wetlands identified to be present at the project site are sufficiently protected and preserved as set forth in this Chapter. (Ord. No. 2021-32, §1, 11-10-21)