(A) Delineation of wetland boundaries.
(1) Mapped wetlands. Boundary delineation of wetlands shall be established using hydric soils as a preliminary indicator of wetlands that may meet jurisdictional requirements.
(2) Disputed wetlands. If a wetlands has not been mapped or its boundaries not clearly established or if either the county or applicant dispute the existing boundaries, the applicant shall retain a qualified person with demonstrated expertise in the field to delineate the boundaries of the wetland in keeping with the standards specified in the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (January 1987). Subsequent revisions of the Delineation Manual shall not be incorporated into this delineation methodology.
(B) Compliance with applicable federal wetlands laws or regulations.
(1) Prohibited activities. No person shall engage in any activity that shall disturb, remove, fill, drain, dredge, clear, destroy, or alter any area, including vegetation, within a wetlands that falls in the jurisdiction of the federal government and its agencies, except as may be expressly allowed under applicable federal laws or regulations. Draining any wetland that falls in the jurisdiction of the federal government and its agencies is prohibited except in keeping with the provisions of division (B)(2) below.
(2) Federal approvals prerequisite to county approval. The county shall not grant final approval to any land disturbing activity, development, or subdivision in a wetlands that falls within the federal government’s jurisdiction until the applicant demonstrates that all necessary federal approvals and permits have been obtained.
(C) Wetland buffer width and use restrictions.
(1) Width. Wetland buffer areas shall be at least 25 feet in width. The total width and design shall conform with USDA Natural Resources Conservation Service criteria, but shall not exceed 100 feet.
(LDC § 4.8.5) Penalty, see § 155.999