A.

In addition to meeting the following protection of environmentally sensitive land requirements, development plans shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply.

B.

Each lot of a proposed subdivision must include a site that is suitable for constructing a structure in conformity with the standards of these protection of environmentally sensitive lands regulations.

Accessory use - a use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.

Adverse effects - any modifications, alterations, or effects on water, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impact.

Associated wetland - any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Beneficial functions of a protected environmentally sensitive area - those functions, described in the Conservation Element of the comprehensive plan that justify designating an area as environmentally sensitive.

Clearing - the removal of trees and brush from the land, not including ordinary mowing or grass.

Direct hydrologic connection - a surface water connection which under normal hydrological conditions occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

Pollutant - any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Protected environmentally sensitive area - any area designated Conservation under the Midway comprehensive plan, or designated as a wetland pursuant to Future Land Use Policy 3.5.

Significant adverse effect - any modification, alteration, or effect upon a Protected Environmentally Sensitive Area which measurably reduces the area beneficial functions as delineated in the Conservation Element of the Midway comprehensive plan.

Water or waters - includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing or flowing beneath the surface of the ground.

Water body - any natural or artificial pond, lake, reservoir, or other area with a discernible shoreline which ordinarily or intermittently contains water.

Water's edge and wetland's edge - the water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

1.

The boundary established by the average annual high water mark.

2.

The landward boundary of hydric soils.

3.

The landward boundary of wetland vegetation, based on the wetland vegetation index.

A.

There is hereby created a Wetlands Protection Zone in which special restrictions on development apply.

B.

The boundaries of this zone shall be the most landward extent of areas which meet the following definition:

Wetlands are defined as areas which are inundated or saturated by surface or groundwater with a frequency of duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated or seasonally saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

C.

Request for a determination of wetland boundaries. A developer may obtain a determination of the boundaries of a Wetlands Protection Zone by petitioning the Department of Environmental Regulation [now department of environmental protection] for a declaratory statement pursuant to F.A.C. 17-312.040 or by applying for a dredge and fill permit.

A.

Generally. Except as expressly provided herein, no development activity shall be undertaken in a Protected Environmentally Sensitive Zone.

B.

Activities presumed to have an insignificant effect on protected environmentally sensitive areas.

1.

Notwithstanding the prohibition in Section 9.03.00(A) above, the following activities may be undertaken unless it is shown by competent and substantial evidence that the specific activity would have a significant adverse effect on the Protected Environmentally Sensitive Area.

2.

The following uses and activities are presumed to have an insignificant adverse effect on environmentally sensitive areas:

a.

Scenic, historic, wildlife, or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Cleared walking trails having no structural components.

d.

Timber catwalks and docks four feet or less in width.

e.

Commercial or recreational fishing or hunting, and creation and maintenance of temporary blinds.

f.

Cultivating agricultural or horticultural products that occur naturally on the site.

g.

Constructing fences where no fill activity is required and where navigational access will not be impaired by the construction of the fence.

h.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute, or this Code. The developer must demonstrate that the water regime has been permanently altered in a way which precludes sustaining wetland structure and function. If the wetland may be restored at a cost that is reasonable in relation to the benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this Code.

i.

Developing a "Wetlands Storm Water Discharge Facility" or "Treatment Wetland" in accordance with State permits received under F.A.C. chs. 17-25 and 17-6.

C.

Special uses allowed in the protected environmentally sensitive area.

1.

Residential development at a density of one unit per ten acres.

2.

Limited silvicultural activity, subject to the following restrictions:

a)

The management of mature upland forests in protected environmentally sensitive areas, consisting of pinelands and hardwoods exceeding 60 years of age, shall include the following:

i)

Avoid large block clear cutting;

ii)

Protect wildlife habitat by minimizing impacts to stumps, snags, dens and burrows;

iii)

Minimize soil disturbances such as roller chopping and burning;

iv)

Establish mature open stands via selective stock rotation and stocking.

b)

The management of forested wetlands in protected environmentally sensitive areas, consisting of cypress, hardwood swamps and bottomland hardwoods shall include the following:

i)

Maintain the wetland community and its attendant wildlife, vegetative and hydrological characteristics;

ii)

Use small clear cuts in a manner which protects plant species diversity;

iii)

Restrict earth movement and ditching;

iv)

Encourage the restoration of degraded or disturbed wetlands;

v)

Allow silviculture activities only during the dry season where there is no surface water on site; and

vi)

Prohibit silvicultural activities in wetlands that would result in the conversion of the existing wetlands, either directly or indirectly, to an upland system or another wetland type.

D.

Special restrictions on development allowed in protected environmentally sensitive areas.

1.

All proposed development shall be subject to a site plan review.

2.

Development plans shall include special provisions to minimize flooding, erosion, sedimentation, pollution, and degradation of the surface and groundwater quality.

3.

Recreational development must be compatible with the surrounding environment. Disturbances to wildlife and wildlife habitat shall be minimized.

4.

The addition or expansion of structures for existing agricultural activities that require development permits shall be considered on a case by case basis.

E.

Special restrictions on development allowed near or adjacent to protected environmentally sensitive areas.

1.

Any development within 50 feet of the edge of any naturally occurring water body is prohibited.

2.

The placement of any sewage disposal system within 75 feet of any naturally occurring water body is prohibited.

3.

Any development within 50 feet of any jurisdictional wetland is prohibited.

A.

Generally. Compensatory mitigation, by which jurisdictional wetland areas are purchased, created, enhanced and/or restored to compensate for the loss of such lands, is required whenever jurisdictional wetlands are destroyed during the development process. The standards for compensatory mitigation shall be those established by the department of environmental regulation [now department of environmental protection].

The following standards apply to post-development activities taking place within any protected environmentally sensitive zone.

A.

Point source and nonpoint source discharges. Absent an amendment to the development order, point source and nonpoint source discharges shall continue to meet the standards applicable to the original development.

B.

Clearing. Absent an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

C.

Handling and storage of fuel, hazardous and toxic substances, and wastes.

1.

Developments where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and shall employ adequate means for prompt and effective clean-up of spills that do occur.

2.

No toxic or hazardous waste or substances shall be stored in outdoor containers.

3.

Storage or disposal of all types of wastes is prohibited on shorelines.

D.

Prohibited uses. The long-term storage of equipment or materials, and the disposal of wastes shall be prohibited.

E.

Fertilizers, herbicides, or pesticides.

1.

Fertilizers, herbicides, or pesticides shall not be applied in a protected environmentally sensitive Zone except for projects conducted under the authority of F.S. §§ 373.451—373-4595, the Surface Water Improvement and Management Act, and governmentally authorized mosquito control programs.

2.

Fertilizers, pesticides and herbicides used in Restricted Development Zones shall be applied sparingly and at appropriate rates and time intervals.

F.

Spray vehicles. Vehicles used for mixing or spraying chemicals are prohibited from withdrawing water directly from waters.

G.

Pump-out, holding, and treatment facilities for wastes from mobile sources. Sewage, solid waste, and petroleum waste generated by vessels or vehicles on the site shall be properly collected and disposed of.