The purpose of this article is to promote wetlands protection by the withholding of land use and building permits in areas designated as wetlands until a jurisdictional wetland determination is completed, and to establish permitted and prohibited land uses within wetlands.

(Ord. of 2-18-2003, § 1201)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Generalizedwetlands map means any U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) map showing wetlands within the City of Cumming.

Jurisdictionalwetland means an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Jurisdictionalwetland determination means a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 USC 1344, as amended.

Regulated activity means any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States, excepting those activities exempted in section 404 of the Federal Clean Water Act.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term "wetlands" generally includes swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

(Ord. of 2-18-2003, § 1202)

The generalized wetlands map, is hereby adopted by reference and hereby made a part of this article, as if fully set forth herein.

(Ord. of 2-18-2003, § 1203)

This article shall apply to all lands within the city that are shown on the generalized wetlands map, as wetlands.

(Ord. of 2-18-2003, § 1204)

No development permit or building permit shall be issued by the zoning administrator for a land use, building or structure, nor shall any regulated activity as defined by this article commence, unless the land use, building, structure, or regulated activity conforms to the requirements of this article. Prior to a land use permit or building permit being issued, the zoning administrator shall require a site plan or subdivision plat in sufficient detail to review the proposed development for compliance with the provisions of this article.

(Ord. of 2-18-2003, § 1205)

If an area proposed for development is located within 50 feet of a wetland as shown on the generalized wetlands map, as determined by the zoning administrator, no development permit or building permit on such wetland shall be issued until a jurisdictional wetland determination has been completed and either of the following occur:

(1)

The U.S. Army Corps of Engineers determines that there are jurisdictional wetlands present on the proposed development site, a section 404 permit is required, and either a section 404 permit or a letter of permission is issued by the Corps for the proposed development; or

(2)

The U.S. Army Corps of Engineers determines that jurisdictional wetlands are not present on the proposed development site, and no section 404 permit or letter of permission is required.

(Ord. of 2-18-2003, § 1206)

(a)

Receiving areas for toxic or hazardous waste or other contaminants, and hazardous or sanitary waste landfills, shall be prohibited within wetlands.

(b)

The following uses shall be permitted, subject to use restrictions for the zoning district in which the wetland is located, within an area shown as a wetland on the generalized wetlands map, 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 the state or of the Unites States in such a way that would require an individual section 404 permit.

(2)

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

(3)

Forestry practices applied in accordance with best management practices approved by the state 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 state 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.

(Ord. of 2-18-2003, § 1207)