§ 151.219  IMMITIGABLE WETLANDS; EXCEPTIONS.
   (A)    Wetlands identified as having a Flora Quality Index (FQI) greater than or equal to 25 shall not be filled or dredged as part of any development. The FQI shall be based solely on the wetland vegetation. Buffers and adjacent plant communities shall not be included in the calculation.
   (B)   If the application of this section would:
      (1)   Have the effect of depriving the owner of all economically beneficial or productive use of the land; or
      (2)   Make the construction or installation of an essential public improvement by a public entity impossible or highly impractical;
the applicant may apply for a variance from the requirements of this subchapter. If such variance is granted, mitigation for the wetland impact allowed shall be made pursuant to this subchapter.
(Ord. 2019-03, passed 4-15-2019)