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Comprehensive Plan Conservation Element • Regulation of Wetlands In 1990, Indian River County adopted a wetlands protection ordinance. Because state law pre-empts local governments from requiring wetland mitigation inconsistent with or in addition to state regulation of wetlands, the County defers to state and federal agencies in determining mitigation for wetland impacts regulated through the county wetlands ordinance. Between 1996 and 2006, Indian River County issued approximately 150 wetland alteration permits. With most of those permits, impacts to wetlands were less than one acre. In all cases; jurisdictional agencies assessed wetland impacts and required mitigation in the form of wetland enhancement, creation, and/or conservation to ensure no net loss of wetland functional values. In 2004, the State adopted the Uniform Mitigation Assessment Method (UMAM) to establish wetland mitigation standards. Adopted under Chapter 62-345 of the Florida Administrative Code (FAC), the UMAM is binding on all Florida government agencies, including local governments. Recently, the FDEP notified local governments that the UMAM had to be reflected in local wetland protection ordinances. Currently, the County's wetlands protection ordinance (LDR Chapter 928) does not reference the UMAM. To comply with state regulations, the County should reference the UMAM in its wetland protection regulations and ensure that the UMAM is the basis for mitigation determinations of wetland impacts in the County. Although the County defers to other jurisdictional agencies in determining the extent of wetland mitigation, the County serves an important role in reviewing new development by requiring that developers adhere to the following sequence of actions to protect wetlands: avoidance of impacts; minimization of wetland impacts; and mitigation of wetland impacts. In that respect, the County's policy should be to continue to enforce this sequence of wetland protection as the County regulates new development. Comprehensive Wetlands Management Program In order to address revised DCA Rule 9J-5.013(3), the County adopted the Comprehensive Wetlands Management Program (C VVMP) described in this section and referenced under Objective 5 of this element. In the future, the County's policy should be to implement the CWMP and focus on non - regulatory measures of wetland protection such as increased intergovernmental coordination with jurisdictional reviewing agencies, acquisition of additional tracts containing environmentally - important wetlands, establishment of funding for restoration and management of acquired tracts, and creation of a wetland mitigation bank. Notwithstanding, the County's policy will be to continue to Community Development Department Indian River County 107