§ 15-322. Policy, purpose, intent and scope.

(a)

An intent of the board of county commissioners is to protect and enhance the county's water bodies so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating, and fishing.

(b)

Water bodies in the county provide important habitat and functions to fish and wildlife. Orange County's water bodies contain littoral areas that are significant and productive in the maintenance and preservation of aquatic plants and animals. Additionally, these littoral areas effectively assimilate nutrients in the sediment and water column, as well as stabilize soils affected by wave action and erosional forces.

(c)

Dock construction involves activities that may cause pollution to water bodies. Additionally, activities associated with docks may cause pollution to water bodies.

(d)

A purpose of this article is to regulate dock construction, which for the purposes of this article includes dock repairing, within unincorporated areas of the county, in order to minimize adverse impacts of such activities upon the natural resources of the county. The county may regulate dock construction activities pursuant to the provisions of this article, in areas not described in this paragraph upon execution of an interlocal agreement by the county and the municipality.

(e)

A purpose of this article is to regulate the construction of docks such that the navigation of water bodies is not unreasonably impeded.

(f)

The intent of the board of county commissioners is to apply these regulations in a manner sensitive to the riparian rights and other property rights of the applicant, the riparian rights and other property rights of waterfront property owners, and the rights of the public to the traditional uses and enjoyment of water bodies in the county.

(g)

The board of county commissioners recognizes that the cumulative and secondary impacts of docks may adversely affect the water quality of the water bodies, as well as the functions the water bodies provide to fish and other wildlife. The reduction in water quality and functions to fish and other wildlife will result in the decline in the recreational value of the water body. Therefore, it is the intent of the board of county commissioners and the purpose of this article to regulate dock construction in a manner that addresses cumulative and secondary impacts.

(h)

The intent of the board of county commissioners is that the environmental protection officer shall be responsible for the interpretation of this article.

(Ord. No. 2004-08, § 2, 5-18-04)