(A) Designation.
(1) A Wetland District is any wetland area other than those exempted in § 151.145(D)(1) that is at least 1 acre in size that appears on the most current NWI map or maps published by the U.S. Fish and/or Wildlife Services for areas subject to the planning and zoning jurisdiction of the city. The most current edition of the applicable NWI map or maps and any subsequent revisions thereto are hereby adopted by reference and declared to be part of this section. A Wetland District must also meet the standards of the Unified Federal Method for Wetland Delineation, applied according to the procedures set forth in this subdivision.
(2) The NWI shows only the general location of wetlands. Precise delineation shall be made by the applicant for a zoning clearance/building permit through the performance of a full field survey applying the wetland delineation methodology in affect at the time of application. Areas containing hydric soils as mapped and designated by the Natural Resource Conservation Service; or soils containing hydric inclusions must be assessed via full field survey, as well. All permit applications for development in a Wetland District or areas containing soils that may harbor wetlands shall be accompanied by a scaled drawing showing the district boundary. The applicant shall document the results of the boundary survey to the Planning and Zoning Office. The documentation shall include:
(a) Statement of qualifications of individual(s) and/or firm conducting the boundary delineation;
(b) Certified copy of the boundary delineation; and
(c) All other documentation submitted to the Indiana Department of Environmental Management (IDEM) and/or the U.S. Army Corps of Engineers (COE).
(d) Documentation shall be submitted to the city no later than the date of submittal to IDEM and/or COE. The Planning and Zoning staff may review the documentation to determine its general accuracy and completeness.
(3) The city, through the Planning and Zoning Office, may forward to IDEM and/or COE any recommendation, question or concern regarding an application for any state and/or federal permits that pertain to the area described in the application for the zoning clearance/building permit.
(4) In applying for a zoning clearance/building permit, the applicant consents to allowing the Planning and Zoning Office to enter upon the applicant’s land to gather information to obtain a basis for a recommendation described at division (A)(3).
(B) Permitted uses. The following uses are permitted by right, provided they do not involve erecting a building or structure, opening an excavation, depositing or discharging fill material, dredging, earth moving, extending existing drainage systems or creating new drainage systems:
(1) Agriculture uses, except animal feed lots, but including general farming, grazing, gardening, sustained-yield forestry in accordance with a management plan approved by the State Forester, nurseries and the erection and maintenance of wire agricultural fences;
(2) Hunting, trapping and fishing, where not otherwise prohibited by law;
(3) Parks, when left in a natural state, wildlife and natural preserves, recreational uses, including swimming, boating and natural-surface hiking and bridle paths, and educational and scientific uses;
(4) Uses incidental to the enjoyment of residential properties, provided that the impact of such uses does not affect more than ½ acre of wetlands (Nationwide Permit 29); and
(5) Maintenance and repair of existing streets, roads, highways and public utilities; provided that, the uses are not enlarged and that such maintenance or repair is done in a way that minimizes or avoids adverse impacts to wetlands.
(C) Special exceptions. The following special exceptions may be permitted upon approval by the Board of Zoning Appeals in accordance with § 151.285 of the Zoning Ordinance; such special exceptions are expressly contingent upon the receipt of all required federal and state permits:
(1) Structures accessory to permitted uses, provided that they do not significantly obstruct circulation of water in the wetland, threaten water quality, create erosion hazards or disrupt significant wildlife habitat. The structures include, but are not limited to:
(a) Temporary structures not intended for human habitation or sheltering livestock;
(b) Boat anchorages, moorings and piers;
(c) Walkways, benches, informational displays, directional signs, foot bridges and observation decks; and
(d) Residential wells.
(2) Enhancement of wetlands to improve wildlife habitat in accordance with a plan approved by the I.D.N.R.
(3) Public infrastructure, other than buildings and electrical substations, but including public utilities, streets, roads and bridges, provided that:
(a) There is no practicable alternative route outside the wetland;
(b) The public need cannot be met by existing facilities of the modification thereof;
(c) The proposed facility is designed to permit the unimpeded circulation of water in the wetland, control runoff from paved surfaces in accordance with division (C)(4), and otherwise minimize adverse impacts on the wetland;
(d) Any filling, excavating or draining must be necessary for the construction and maintenance of the proposed facility and done in a way that minimizes adverse impacts on the wetland;
(e) Erosion control measures are taken in accordance with the U.S. Department of Agriculture oil Conservation Service Field Office Technical Guide; and
(f) Underground utilities are installed in watertight conduits; and
(g) Such activities comply with the General and Specific conditions of Nationwide Permits 12 and 14.
(4) Storm water retention/detention, provided that there is no practicable alternative site outside a wetland and that a wetland utilization plan is prepared by the applicant and approved by the Board of Zoning Appeals listing steps for monitoring surface and subsurface water quality and a schedule of periodic maintenance of the wetland while in use as a storm water retention/detention facility; and further provided that net flow does not exceed the wetland’s natural water storage capacity and that the storm water undergoes pre-treatment to prevent silt, debris and chemical pollutants from entering the wetland.
(a) No special exception for storm water retention/detention use of a wetland shall involve decreasing the wetland’s natural water storage capacity or placing more than 25% of the surface area of the retention/detention pond in the Wetland District. No retention/detention pond shall occupy more than 10% of the area of a Wetland District. The natural outflow from the Wetland District shall not be changed so as to increase or decrease the normal pool elevation. Minor alteration of a wetland’s contour may be permitted for the installation of facilities accessory to storm water inflow and outflow, provided that it does not significantly alter the wetland’s pre-existing hydrology.
(b) Pre-treatment measures may include sedimentation basins, vegetated swales and buffer strips. Rip-rap made of natural rock may be used only where vegetation cannot control erosion. Storm drains may not discharge directly into a wetland. Lining of swales with paving materials shall not be permitted.
(c) No retention/detention facility shall be constructed within a forested wetland, but overflow into a forested wetland may be permitted.
(d) No more than 1 retention/ detention pond may be placed within a single Wetland District.
(e) Any portion of a Wetland District used for storm water retention/detention shall remain part of the Wetland District.
(f) No special exception shall be granted for storm water retention/detention in a wetland subject to divided ownership unless the applicant first obtains and records an easement of use from the owners of all other affected properties.
(g) A constructed outflow to a regulated county drain requires approval of the county drainage board or appropriate joint drainage board and/or the county surveyor.
(5) Maintenance of existing boat channels, provided that the applicant has received a permit from the I.D.N.R. under I.C. 14-26-2, as amended, (Lakes Preservation) and that dredging will be limited as follows:
(a) Dredging shall be located so as to minimize adverse impacts on vegetation;
(b) Dredging shall not adversely change water circulation;
(c) The size of the dredging area shall be limited to the minimum required for boat ingress and egress; and
(d) Dredged material shall not be disposed of within any lake, wetland or flood hazard area or in any manner that is unlawful or would constitute a public or private nuisance.
(e) Activities shall comply with all other general and specific conditions of Nationwide Permits 1, 2, 3, 9, 10 and 22.
(1979 Code, § 151.116) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999