1109.07   USES PERMITTED IN WETLAND SETBACKS.
   (a)   Open space uses that are passive in character shall be permitted in wetland setbacks, including, but not limited to, the following:
      (1)   Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, picnicking, and similar uses.
      (2)   Damaged or diseased trees may be removed.
      (3)   The revegetation and/or reforestation of wetland setbacks shall be allowed.
      (4)   Streambank stabilization and erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization and erosion control measures shall only be undertaken upon approval of an erosion control plan by the City Engineer.
      (5)   Nature trails and raised observation decks or walkways, with all dirt from post holes being removed, for the purpose of education, scientific research, and/or the personal enjoyment of nature.
   (b)   No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.
(Ord. 35-02. Passed 12-29-03.)