(A) Applicability. Unless exempted in accordance with § 166.04-03(6), Marsh Buffer Exemptions, all development in the city shall provide and maintain marsh buffers in accordance with the standards in this section.
(B) Exemptions. The following forms of development shall be exempt from these standards:
(1) Boardwalks, piers, docks, marinas, boat ramps, erosion control devices which meet the requirements of § 151.23, utilities, and sidewalks, provided such features are configured to minimize the impact on marsh areas;
(2) Mariculture uses in the MC district; and
(3) Lawfully-established primary and accessory structures or impervious surfaces in place prior to March 1, 2019. However, any subsequent redevelopment after substantial damage, or substantial improvement, or land disturbing activities other than those identified in § 166.04-03(B) shall maintain a minimum marsh buffer of at least ten linear feet landward from the critical area demarcation as identified or certified by the Office of Ocean and Coastal Resources Management (OCRM). In redevelopment after substantial damage, the marsh buffer area is to remain undisturbed other than the planting of native plant material as approved by the Building Official.
(C) Marsh buffer standards. Except for development identified in § 166.04-03(B), Exemptions, all new construction, substantial improvements, impervious surface or land disturbing activities shall maintain a minimum marsh buffer of 15 linear feet landward from the critical area demarcation as identified or certified by the Office of Ocean and Coastal Resources Management (OCRM). The marsh buffer area is to remain undisturbed other than the planting of native plant material as approved by the Building Official. In the Marsh Island Residential District the setback shall be 35 feet from the OCRM critical line.
(Ord. 05-10, passed 3-23-10; Am. Ord. 02-19, passed 4-9-19; Am. Ord. 05-19, passed 4-9-19)