Objective 3.3.1. - Wetlands Protection.

Preserve and protect existing, viable wetland systems to:

• Maintain control of flooding and erosion through storage of agricultural and urban runoff in wetland areas;

• Achieve biological filtration of pollutants associated with urban and agricultural runoff by wetlands;

• Maintain protection of coastal areas from tidal storm surges through maintaining wetlands as a natural buffer;

• Achieve water recharge of surficial aquifers through wetland areas;

• Maintain unique habitat functions of wetland areas as homes and critical breeding areas for many animal and plant species;

• Maintain essential chemical and energy cycles facilitated by wetlands; and

• Maintain educational and recreational opportunities provided by wetlands.

Policy 3.3.1.1. Prohibit removal, alteration, or encroachment within wetlands except in cases where no other practical alternatives exist that will permit a reasonable use of the land or where there is an overriding public benefit. Such determination will require completion of impact avoidance and minimization analyses which clearly demonstrate the necessity of the proposed impact. [See Policy 4.1.2.2 of the Coastal Management Element for coastal wetlands.]

Implementation Mechanism:

(a)

Review to ensure that impacts by development are minimized.

Policy 3.3.1.2. Require that the extent of wetland areas on any proposed development or redevelopment site be identified on a signed-and-sealed wetlands delineation at time of preliminary site plan, preliminary plat, or other preliminary development plan or similar approval. Manatee County may revoke any development orders where the difference between an estimate of wetland areas shown on a signed-and-sealed survey and actual wetlands on site is determined to be significant enough to warrant substantial project redesign.

Implementation Mechanism(s):

(a)

Require that any application for preliminary development plan approval be accompanied by a signed-and-sealed survey of any wetland areas, along with approvals of such survey or delineation by the SWFWMD, or certification of the delineation by a professional qualified for this purpose.

(b)

Review all signed-and-sealed wetlands surveys for accuracy and consistency with the wetlands protection policies contained under Objective 3.3.1 and all relevant policies contained in the Future Land Use and Coastal Management elements.

Policy 3.3.1.3. When development related impacts are unavoidable (see Policy 3.3.1.1), require that all development-related impacts to wetlands be mitigated.

(1)

When mitigation is required by the State, the type and quantity of mitigation shall be determined by the Uniform Wetland Mitigation Assessment Method (UMAM) as outlined in Chapter 62-345, F.A.C., as amended.

(2)

In those instances where wetland mitigation is not required by the State wetland mitigation shall be provided in accordance with subparagraphs (a) through (d) below. The type of wetland mitigation or combination thereof as described in subparagraphs (a) through (d) below shall be determined by the County based on site conditions. The order of preference considered by the County shall be as follows:

(a)

Wetland Enhancement/Restoration: Five (5) acres of enhanced or restored on site wetlands shall be provided for every one (1) acre of wetland to be impacted.

(b)

Upland Preservation: In the event there is inability to create viable wetland enhancement/restoration on the site, five (5) acres of native upland habitat shall be preserved for every one (1) acre of wetland to be impacted. Preserved uplands utilized for wetland mitigation shall be on site of the proposed development and shall be in excess of the requirement of Policy 3.3.2.2.

(c)

Payment in Lieu of Mitigation: In lieu of the mitigation requirements in subparagraphs (a) and (b) above, the County may collect a mitigation fee. The fee charged shall be based on the acreage of impact and shall be an amount sufficient to achieve full and complete compensation for the impact.

(d)

Wetland Creation: Two (2) acres of herbaceous wetlands shall be created for every acre of herbaceous wetlands altered. Four (4) acres of forested or mangrove wetlands shall be created for every acre of such wetlands altered, unless other requirements are enforced pursuant to (3) below.

(3)

Wetland mitigation provided in accordance with section (2) above shall also be subject to the following:

(a)

All approved mitigation shall be required to demonstrate, through appropriate monitoring and reporting by the project's developer, at least an eighty-five (85) percent coverage of desirable wetland species for a period of at least two (2) years for herbaceous wetland communities, and an eighty-five (85) percent planting survival rate for at least five (5) years for forested and mangrove communities.

(b)

All areas which are created, in accordance with this policy shall be protected.

Implementation Mechanism(s):

(a)

The County shall coordinate with SWFWMD, DEP, and other jurisdictional agencies to ensure compliance with this policy..

(b)

Revision to land development regulations to establish required protection mechanisms for post-development mitigation areas.

(c)

The County shall revise the Land Development Code to be consistent with this policy, including the establishment of an Environmental Improvement Fund.

(d)

A resolution adopted by the Board of County Commissioners shall set forth the amount of the mitigation fee referenced in Comprehensive Plan Policy 3.3.1.3(2)(c). The resolution shall limit the use of the fund purchase, improve, create, restore, manage and replace wetlands and other natural habitats in order to increase the overall wetland functions in the County. The fee shall be sufficient to cover the County's costs for wetland mitigation and shall consider the cost of land acquisition, earthwork, planting, monitoring and long term management. The fund may be supplemented with other funding sources for the purposes of implementing Goal 3.3

Policy 3.3.1.4. [Reserved]

Policy 3.3.1.5. Protect all wetlands and watercourses from land development activities by requiring the establishment of natural area buffers adjacent to all post-development wetlands and watercourses within a watershed overlay. Land alteration or removal of vegetation shall be prohibited in any buffers established according to this policy except to allow the removal of nuisance plant species, small areas of impervious surface for stormwater outfalls, and to allow public access consistent with natural resource protection. Such buffers shall be established according to the following schedule except as provided in Policy 3.3.1.5:

(1)

Buffers a minimum fifty (50) feet in width shall be established adjacent to all non-isolated wetlands (hydrologically connected or federal and state jurisdictional wetlands), and along all in-flowing watercourses located in the WO District and all Outstanding Florida Waters and Aquatic Preserves;

(2)

Buffers a minimum thirty (30) feet in width shall be established adjacent to all isolated wetlands and other wetlands not listed in (1) above.

(3)

Through the development review process, wider wetland buffers may be required for areas containing significant wetlands, for watershed protection, and to implement the goals, objectives, and policies of this Comprehensive Plan. (See Policies 2.9.4.4, 3.3.2, 4.1.2, and 4.1.4)

Policy 3.3.1.6. Under limited circumstances a variable width wetland buffer may be approved. These circumstances shall be:

(a)

Where site specific conditions and physical constraints, which are not self-created, do not allow the application of a uniform-width wetland buffer.

To ensure protection of the wetland resources on the site:

(1)

The reduction in the buffer width shall be minimized to the greatest extent practicable;

(2)

Wetland quality and function shall be maintained or enhanced;

(3)

The variable width buffer shall not be narrower than the buffer required by the DEP and SWFWMD; and

(4)

Total land area encompassed by the variable width buffer shall, at a minimum, equal in area and type that would otherwise have been encompassed by a uniform width buffer configured parallel to the wetland.

Implementation Mechanism(s):

(a)

Review of all land development applications to ensure compliance with this policy.

(b)

Amend land development regulations consistent with the above provisions and the following examples to ensure wetland resource protection. Primary examples of when a variable width buffer may be utilized are when:

(i)

Application of a uniform-width buffer would restrict vehicular access to an upland portion of the development site;

(ii)

Locations of driveways, rights-of-ways or private streets are mandated by FDOT or County requirements; or

(iii)

Minor encroachments into previously disturbed portions of a wetland buffer for short linear distances cannot be avoided.

Policy 3.3.1.7. Cooperate with the Florida Department of Environmental Protection (DEP), Southwest Florida Water Management District (SWFWMD), and the U.S. Army Corps of Engineers (USACOE) to monitor compliance with dredge and fill permits.

Implementation Mechanism:

(a)

Provision of County personnel, as available, to assist in monitoring State, regional, and Federal permits for development activities within wetlands.

Policy 3.3.1.8. Utilize the land use and compatibility strategies under Objective 2.3.1 to protect wetlands from incompatible land uses and land alterations.

Policy 3.3.1.9. Identify significant coastal and freshwater wetland systems, such as low-salinity tidal marshes, for possible jointly-funded restoration and/or enhancement projects with appropriate agencies and land owners.

Implementation Mechanism(s):

(a)

Coordination with the Environmental Lands Management and Acquisition Committee (ELMAC) to identify and review potential wetlands restoration projects.

(b)

Coordination with SWFWMD, the appropriate NEP, and other appropriate regulatory agencies to promote appropriate wetland restoration and enhancement.

(c)

Enactment of land use agreements, as necessary, between appropriate public and private participants.

Policy 3.3.1.10. Develop educational programs to inform the public of the environmental benefits provided by wetlands.

Implementation Mechanism(s):

(a)

Continue current programs on wetlands education.

(b)

Continue the allocation, where feasible, of annual funding to inform the public of wetland benefits.

(Ord. No. 18-04 , § 7(Exh. E), 8-23-18)