1.

The wetlands protection district is hereby established which shall correspond to all lands within the jurisdiction of Coweta County, Georgia, that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the generalized wetlands map and is hereby adopted by reference and declared to be a part of this ordinance, together with all explanatory matter thereon and attached thereto.

2.

The generalized wetlands map does not necessarily represent the boundaries of jurisdictional wetlands within Coweta County and cannot serve as a substitute for a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this ordinance does not relieve the landowner from federal or state permitting requirements.

No regulated activity will be permitted within the wetlands protection district without written permission or a permit from Coweta County. If the area proposed for development is located within 50 feet of a wetlands protection district boundary, as determined by the county engineer utilizing the generalized wetlands map or performing a field investigation, a U.S. Army Corps of Engineers determination shall be required. If the corps determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 Permit or Letter of Permission is issued.

The following uses shall be allowed as of right within the wetlands protection district to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

1.

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit.

2.

Outdoor recreational activities, including fishing, hunting, bird watching, hiking, boating, horseback riding, and canoeing.

3.

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

4.

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

5.

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural best management practices are followed.

6.

Education, scientific research, and nature trails.

A temporary emergency permit can be issued by the county development engineer or its designee for the following reasons:

1.

Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telegraph, telecommunication or other services, provided that such roads, structures, or facilities are not materially changed or enlarged and that, prior to the commencement of work, written notice has been given to the county development engineer or its designee and provided that the work is conducted using best management practices to ensure that flow and circulation patterns, and chemical and biological characteristics of the wetland, are not impaired and that any adverse effect on the aquatic environment will be minimized.

2.

Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and forestry use under the terms and provisions of section 212C.

3.

Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland.

Applications for a development permit within the wetland protection district shall include a site plan, drawn at a scale of one inch = 100 feet, (the county development engineer may approve a different scale where necessary to clearly provide the required information) with the following information:

1.

A licensed professional shall certify and include the following statement:

a.

This property does/ does not include jurisdictional wetlands as identified by the U.S. Army Corps of Engineers.

b.

If jurisdictional wetlands do occur on the property they shall be indicated on the site plan or a preliminary subdivision plat.

2.

The applicant shall provide documentation supporting design information or construction activities within the jurisdictional wetlands area.

3.

The owner/developer shall provide a certified "as-built" drawing prepared by the registered professional of the work performed in the jurisdictional wetlands.

The following uses are not permitted within the wetlands protection district:

1.

Receiving areas for toxic or hazardous waste or other contaminants;

2.

Hazardous or sanitary waste landfills;

3.

Stormwater detention facilities.

The county, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary. Enforcement procedures shall be as provided in section 273 (violations), section 277.1 (penalties), section 277.2 (remedies), section 278 (records), section 278.1 (fees) of the Coweta County Zoning and Development Ordinance, under article 27 (administration and enforcement).

Each application shall comply with all existing ordinances, amendments thereto and subsequent amendments. Said ordinances include but are not limited to the Coweta County Zoning and Development Ordinance, the Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Damage Prevention Ordinance.

All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance.

Wetland Protection Checklist

Date Received: _______

Project Location: _______

Tract Size: _______ Proposed Use: _______

Developer Name: _______

Telephone Number: ( ) _______ ( ) _______

Review Standards

Check Level of Review:

□ Conceptual Site Plan Submitted with Rezoning Request

□ Pre-development Site Plans

□ Preliminary Subdivision Plans

Check appropriate boxes. Indicate N/A if not applicable,

□ Proposed development does not contain wetlands. Local permitting process may proceed.

□ Preliminary plans and/or the National Wetlands Inventory Maps indicate wetlands within the boundaries of the proposed project. If jurisdictional wetlands are to be disturbed by the proposed development, the applicant must meet the U.S. Army Corps of Engineers requirements for jurisdictional wetlands determination. With the determination of jurisdictional wetlands, any alteration will require a Section 404 Permit from the Corps of Engineers.

Approved

County Representative: _______

Corps of Engineers: attach if applicable _______

Comments: _____

_____