Title 17E Environmental Standards
Chapter 17E.070 Wetlands Protection
The requirements of this chapter apply to all activities and development occurring in a wetland or wetland buffer, as defined in this chapter. Property located in a wetland or wetland buffer as defined in this chapter is subject to both its zoning classification regulations and to the additional requirements imposed under this chapter. In any case where there is a conflict between the provisions of the underlying zone and this chapter, the provisions of this chapter shall apply.
Wetlands are those areas, designated in accordance with the most current edition of the the federal wetland delineation manual and applicable regional supplements, that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. All areas within the City meeting the wetland designation criteria in the the federal wetland delineation manual and applicable regional supplements, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for liability on the part of the City, or its officers, officials, employees, or agents for any injury or damage resulting from the failure of any owner of property or land to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, officials, employees, or agents.
Date Passed: Monday, June 19, 2017
Effective Date: Sunday, July 30, 2017
ORD C35508 Section 2