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FLORIDA that: Section 25(r), Mining and Excavation, Appendix A, Zoning, of the Code of Laws and Ordinances, is hereby repealed and a new Section 25(r), Excavation and Fill, is created as follows.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