A district relating to low lands, marshes, wetlands, drainageways, waterbodies and watercourses regulating alteration and development of the lands and providing for the issuance of permits therefor, and specifically to:

   (A)   Reduce danger to the health, safety and welfare of the residents of the city by protecting surface and ground water supplies from the impairment which results from incompatible land uses and alterations and by providing safe and sanitary drainage;

   (B)   Restrict and control land development so it will not impede the flow of flood water or cause danger to life or property;

   (C)   Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain species of wildlife and plant growth;

   (D)   Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt and other foreign materials from being carried directly into the nearest natural stream, lake or other public or private waters;

   (E)   Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution and to maintain the aesthetic appearance of the wetlands; and

   (F)   Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, low lands and watercourses within the city.

(Prior Code, § 11-81-1) (Ord. 258, passed 5-4-2006)

   (A)   The Wetland Systems District shall be applied to and superimposed upon all districts contained herein existing or amended by the text and map of this subchapter. Under the joint application of districts, the more restrictive requirements shall apply.

   (B)   The Wetland Systems District within the city is defined and established to include those areas which include any watercourse, natural drainage system, waterbody or wetland, that may be subject to periodic flooding, overflow or seasonally high water tables. The district boundary lines shall be established at the edge of the aforesaid areas as depicted on the city wetlands systems map.

(Prior Code, § 11-81-2) (Ord. 258, passed 5-4-2006)

   The following operations and uses are permitted in the Wetland Systems District as a matter of right, subject to any other applicable code, city code, provision or law:

   (A)   Grazing, farming, nurseries, gardening and harvesting of crops;

   (B)   Sustained yield forestry and tree farms;

   (C)   Conservation of soil vegetation, water, fish and wildlife;

   (D)   Scientific research and educational activities that teach principles of ecology and conservation;

   (E)   Leisure activities such as hiking, nature studies, canoeing, boating, camping, waterskiing, skin diving, horseback riding, field trails and general outdoor recreation including play and sporting areas that are not inconsistent with the intent of this subchapter; and

   (F)   Essential services.

(Prior Code, § 11-81-3) (Ord. 258, passed 5-4-2006)

   Except as may be hereinafter conditionally permitted, it is unlawful for any person to:

   (A)   Place, deposit or permit to be deposited, debris, fill or any material including structures into, within or upon any waterbody, watercourse or wetland, floodplain or natural drainage system;

   (B)   Dig, dredge or in any other way alter or remove any material from waterbodies, watercourses, wetlands, floodplains or natural drainage system;

   (C)   Erect structures for human habitation;

   (D)   Create ponds, dam or relocate any watercourse or change the natural drainage system;

   (E)   Clear and/or cut trees or other vegetation;

   (F)   Permanently store materials;

   (G)   Erect signs; and/or

   (H)   Dispose of waste materials, including, but not limited to, sewage, garbage, rubbish and other discarded materials.

(Prior Code, § 11-81-4) (Ord. 258, passed 5-4-2006)

   (A)   Wetland systems impact plan. Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any of the wetlands district within the city shall first submit a conditional use permit application and a plan of development, hereinafter referred to as a "wetland systems impact plan," which shall set forth proposed provision for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. The plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, changes will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lakes, streams, watercourses and marshes, low lands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.

   (B)   High water elevation. For lakes, ponds or flowages, no structure, except boat houses, piers and docks, shall be placed at an elevation so that the lowest floor, including basement floor, is less than three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been inspected by the Planning Commission.

   (C)   State permit required. It is unlawful for any person to fill or excavate in any wetland having an area of two and one-half acres or greater or in any watercourse draining greater than two square miles without first obtaining a permit from the State Department of Natural Resources.

(Prior Code, § 11-81-5) (Ord. 258, passed 5-4-2006) Penalty, see § 10.99