The wetlands within Troup County are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soil limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; natural resource education; scientific study; and recreational opportunities. The purpose of this district is to promote the wise use of wetlands and protect them from alterations which will significantly affect or reduce the primary functions for water quality, floodplain and erosion control, ground water recharge, aesthetic natural areas and wildlife habitat areas.

The following definitions are applicable only to the wetland protection districts:

(1)

Wetlands: Those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designation wetlands include hydric soils, hydrological vegetation and hydrological conditions involving a temporary or permanent source of water to cause soil saturation.

(2)

Reserved.

These regulations shall apply to all lands within wetlands located within Troup County. The wetland district overlay map adopted as part of this ordinance shows the general locations of wetlands, according to the 1987 National Wetlands Inventory and should be consulted by persons considering activities in or near wetlands before engaging in a regulated activity. The standards for this district shall comply with Department of Natural Resources Rule 391-3-16-03, Criteria for Wetlands Protection.

No activity or use except those identified in section 5[21.5] shall be allowed within the wetland district without a permit issued by the U.S. Army Corp of Engineers. If the subject property contains jurisdictional wetlands of the United States as delineated by the National Wetland Inventory Map or as determined by the U.S. Army Corp of Engineers, if jurisdictional wetlands are contained within the subject property, the applicant must document receipt of a nationwide, regional, general or individual permit, from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act before a development permit will be issued by Troup County.

The following uses are permitted by right within the wetland district to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining or dredging:

(1)

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission. section 404 does not require permits for normal ongoing silvicultural activities. However, section 404 does list some required road construction best management practices that must be followed in order to qualify for such exemption.

(2)

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

(3)

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

(4)

Natural water quality treatment or purification.

(5)

Normal agriculture activities including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to best management practices approval by the Georgia Department of Agriculture.

(a)

Receiving areas for toxic or hazardous waste or other contaminants are prohibited.

(b)

Hazardous or sanitary landfills are prohibited.