(a) DEFINITION. Isolated wetlands are those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions that are no longer under regulation by the Federal Clean Water Act administered by the U. S. Army Corps of Engineers (Corps). For "jurisdictional wetlands" under Corps regulation, please refer to the Rock Island Corps website: http://www.mvr.usace.army.mil/.
(b) PURPOSE. These provisions are intended to maintain safe and healthful conditions; prevent water pollution; protect wildlife habitat; manage flooding; protect personal property and real estate; and control building and development in wetlands no longer under regulation by the federal Clean Water Act administered by the Corps. When development is permitted in isolated wetland areas, the development should occur in a manner that minimizes adverse impacts upon the wetland.
(c) DETERMINATION OF PRESENCE. Wetland areas shall be determined at the petitioner’s expense by a field survey and mapping of plant material by a botanist with a professional degree in either botany or biology. The area of wetlands (in square feet and acres) shall be measured and graphically delineated on the “Natural Resource Protection Plan.”
(d) PROTECTION STANDARDS. Wetlands shall be protected as indicated in Table 35-4102.1. Protected portions of wetlands shall remain in an undisturbed state except for the land use permitted per the requirements of Sec. 35-3420.
(e) MITIGATION. Wetlands mitigation may be permitted under the requirements of the Illinois State Statutes, and administrative rules promulgated by the Illinois Department of Natural Resources (IDNR) under that Section. If such statute or rules do not provide sufficient guidance on required mitigation, the City shall require the preparation and submittal of a wetland mitigation plan by a professional wetland mitigation specialist, and the petitioner shall be responsible for all costs necessary for the City to conduct a professional review of the mitigation plan. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of Section 404 of the Clean Water Act (33 U.S.C. 1344) and/or the IDNR shall be submitted to the City of Moline certifying that filling has been approved and permitted by the Corps and/or IDNR. Alternatively, the petitioner must obtain and provide to the City written correspondence from said agencies that a state or federal permit is not required, as a condition of City review.