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ORDINANCE 2012-027 (e) Frequency and length of inundation, and (f) Degree of flushing or tidal influence (applying to estuarine wetlands). SECTION #2: Amend LDR Section 928.05, Activities subject to regulations and restrictions, to read as follows: (1) No activity shall be allowed that results in the alteration, degradation, or destruction of wetlands or deepwater habitats except when: (a) Such an activity is necessary to prevent or eliminate a public hazard, provided wetland and deepwater habitat functional loss is unavoidable and minimized; or (b) Such an activity would provide direct public benefits which would exceed the loss of wetland or deepwater habitat functions and values, provided there is a public need, and wetland and deepwater habitat functional loss is unavoidable and minimized; or (c) Such an activity is proposed for wetlands or deepwater habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored, and preservation of the habitat is not in the public interest. (2) Mitigation shall be required for any activity that results in the alteration, degradation, or destruction of wetlands or deepwater habits, as provided for in Section 928.06 of this chapter. Mitigation required pursuant to this chapter shall be consistent with the Uniform Mitigation Assessment Method (UMAM) set forth in Florida Administrative Code Chapter 62-345, as may be amended. SECTION #3: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Bold Underline: Additions to Ordinance 2 StF&B thMug#r Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-027 928 Wetlands.doc