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r■� <br />r <br />INDIAN RIVER COUNTY ORDINANCE NO. 86- 57 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />AMENDING CHAPTER 23J OF THE CODE OF LAWS AND <br />ORDINANCES, KNOWN AS THE TREE PROTECTION ORDINANCE; <br />AMENDING THE DEFINITION OF LAND CLEARING; AMENDING <br />PARAGRAPH 23J -7(A) TO ALLOW FOR THE EXEMPTION OF <br />LAND CLEARING UNPROTECTED VEGETATION FOR THE <br />PURPOSE OF VEHICULAR ACCESS FOR SOIL TESTING; <br />AMENDING PERMIT RENEWAL CRITERIA; AMENDING <br />DETERMINATION OF PROTECTED AREA; CREATING PARAGRAPH <br />23J -16(B) TO ALLOW FOR THE ISSUANCE OF AFTER -THE - <br />FACT PERMITS UNDER CERTAIN CIRCUMSTANCES; DELETING <br />SECTION 23J-20, EFFECTIVE DATE; AND PROVIDING FOR <br />REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, <br />SEVERABILITY, AND EFFECTIVE DATE. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA that: <br />SECTION 1 <br />Paragraph 231-5(g) is hereby amended as follows: <br />Section 23}-5. Definitions. <br />* t <br />g) Land clearing: The remeye-l--or grubbing, by any <br />means, of any type of vegetation from land not including, <br />however, activities governed by tree removal or mangrove <br />alteration permits. <br />SECTION 2 <br />Paragraph 23J -7(a) is hereby amended as follows: <br />Section 23J-7. Exemptions. <br />Notwithstanding anything to the contrary in this <br />ordinance, the following activities shall be lawful without <br />application for or issuance of a tree removal or land clearing <br />permit. None of these exemptions shall apply to any mangrove, <br />dune vegetation, specimen or historic tree, unless otherwise <br />stated below. The burden of proving entitlement to any <br />particular exemption shall lie with the person claiming use of <br />the exemption, in the event the exempted activity ever becomes <br />subject to an enforcement proceeding. <br />(a) The l4:ffli- ted- -prtxri g--arid- -t-L-iirtminng removal, trim- <br />ming, pruning or alteration of any unprotected tree or other <br />vegetation as necessary for: <br />CODING: Words in strhek-threugh type are deletions from existing <br />law; words underlined are additions. <br />53 <br />BOOK un 5 Fra„iE 3 i,?4 <br />