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ORDINANCE 2012-027 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS <br />TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS <br />TO CHAPTER 928, WETLANDS AND DEEPWATER HABITAT PROTECTION, BY <br />AMENDING DETERMINATION OF WETLANDS AND DEEPWATER HABITATS <br />DELINEATION AND FUNCTIONAL VALUE SECTION 928.04; AND BY AMENDING <br />ACTIVITIES SUBJECT TO REGULATIONS AND RESTRICTIONS SECTION 928.05, AND <br />BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; <br />SEVERABILITY; AND EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT <br />REGULATIONS (LDRS) CHAPTER 928, WETLANDS AND DEEPWATER HABITAT <br />PROTECTION, BE AMENDED AS FOLLOWS: <br />SECTION #1: <br />Amend LDR Section 928.07, Determination of wetlands and deepwater habitats delineation <br />and functional, to read as follows: <br />(1) The definition of wetlands and deepwater habitats shall be based upon the <br />publication "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et <br />al, 1979), and shall be consistent with the broadest jurisdiction of federal, state, and regional <br />regulatory agencies. (see Chapter 901, Definitions, County Land Development Code). <br />(2) Representatives of the Department of Environmental Protection, <br />U.S. Army Corps of Engineers, and the St. Johns River Water <br />Management District, Soil dWa4er- Geasenla4ie r -i *, Fier -id r '' Frieshwatef Fries''Fish <br />Commission, U.S. Fish and Wildlife Sefviee, F -PAC Division of For-estfy, ladian River- Gettnt-y <br />M,.sgti to Cent+el Distr et, and/or other applicable agencies will be contacted for assistance in <br />identifying the extent and functional values of wetlands and deepwater habitats. <br />(3) USFWS National Wetlands Inventory Maps (1984), submergent aquatic vegetation <br />inventories, infrared aerials and property appraiser aerials shall be utilized for general identification <br />of wetlands and deepwater habitats in Indian River County. It is recognized, however, that such <br />graphic sources do not depict the full extent of wetland and deepwater habitat delineations and <br />function characteristics. Wetlands and deepwater habitats shall be identified by survey at the time of <br />site development review on a site -by -site basis. <br />(4) Factors to be considered in evaluating the present or future functions and values of <br />wetlands and deepwater habitats shall include, but not be limited to: <br />(a) Relationship to similar or complementary habitats, <br />(b) Proximity to adjacent urban land uses, <br />(c) Degree of disturbance or invasion by exotic plant species, <br />(d) Importance to wildlife species, including aquatic species (as applicable), <br />Bold Underline: Additions to Ordinance <br />Stfike throughi Deleted Text from Existing Ordinance <br />C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-027 928 Wetlands.doc <br />