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INDIAN RIVER COUNTY ORDINANCE N0. 88 -21 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REPEAL- <br />ING SECTION 25(r), MINING AND EXCAVATION, APPENDIX A, <br />ZONING, INDIAN RIVER COUNTY CODE OF LAWS AND ORDI- <br />NANCES; CREATING A NEW SECTION 25(r), EXCAVATION AND <br />MINING; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINI- <br />TIONS; SPECIFYING PROHIBITED ACTIVITIES; PROVIDING <br />FOR PERMIT EXEMPTIONS; PROVIDING WATER MANAGEMENT <br />REGULATIONS FOR EXCAVATED LAKES; PROVIDING MINING <br />PERMIT REGULATIONS; ESTABLISHING CRITERIA FOR HAULING <br />FILL ON PUBLIC AND PRIVATE ROADS; PROVIDING FOR FEES; <br />PROVIDING FOR DURATION AND COMPLETION OF PERMITS; <br />PROVIDING FOR INSPECTION AND REVOCATION OF PERMITS; <br />PROVIDING FOR APPEAL; PROVIDING FOR PENALTIES AND <br />ENFORCEMENT; AMENDING SECTION 25.1(t) OF THE ZONING <br />CODE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, <br />AND EFFECTIVE DATE. <br />WHEREAS, Section 125.01(1)(g), Florida Statutes (1985) <br />provides that the governing body of a county may enforce compre- <br />hensive plans for the development of the county; and <br />WHEREAS, Section 163.3201, Florida Statutes, requires <br />that a governing body adopt appropriate regulations on the deve- <br />lopment of lands and waters to implement its comprehensive plan; <br />and <br />WHEREAS, Indian River County has adopted a Comprehensive <br />Plan which includes provisions for preservation of native plant <br />communities, maintenance and improvement of water quality in the <br />County's lakes, rivers, and wetlands, and protection of ground- <br />water from negative development impacts; and <br />WHEREAS, Section 125.01(1)(j), Florida Statues (1985) <br />provides that the governing body may establish and administer <br />programs of conservation and drainage, and <br />WHEREAS, this Board has determined that is in the best <br />interest of the citizens of Indian River County, Florida, to amend <br />its existing mining regulations; <br />NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: <br />Section 25(r), Mining and Excavation, Appendix A, Zoning, of the <br />Code of Laws and Ordinances, is hereby repealed and a new Section <br />25(r), Excavation and Fill, is created as follows. <br />(r) Excavation and mining. <br />(1) Purpose. The Indian River County Board of County Commis- <br />sioners hereby finds that in order to prevent public nuisances, <br />safety hazards and damage to private and public property in the <br />excavation of land, and in order to protect the environment, <br />including the quality and quantity of ground and surface waters, <br />it is necessary to regulate excavation activities, including <br />mining, in Indian River County. <br />(2) Definitions <br />(a) Agriculture use. Activities listed as "permitted <br />agricultural uses" in accordance with Section <br />4(A)(b)(1), Appendix A, Zoning, of the County Code. <br />(b) Atlantic <br />Coastal <br />Sand <br />Ridge. <br />A <br />prehistoric <br />geologic <br />formation located parallel and <br />proximate to <br />U.S. <br />Highway <br />#1 in Indian River County. <br />For the purpose <br />of the <br />