§ 15-443. Critical areas regulations.

This section identifies an area within the Econ River Basin where more specific regulations shall apply. The determination of whether a project lies wholly or partly within this area shall be in accordance with section 15-440 of this article.

(1)

River corridor protection zone. A protection zone is hereby established which includes the main river channel of the Big Econ River, major tributaries, and at least one thousand one hundred (1,100) feet landward as measured from the streams's edge of the Econ River main channel, and at least five hundred fifty (550) feet landward as measured from the stream's edge of the major tributaries, and at least fifty (50) feet of uplands landward of the landward edge of the wetlands abutting the main river channel and the named tributaries. Named tributaries are Econlockhatchee River Swamp, Fourmile Creek, Little Creek, Turkey Creek, Green Branch, Cowpen Branch, Hart Branch and Long Branch. For purposes of this article, the stream's edge is defined as the waterward extent of the forested wetlands abutting the Econ River and the above named tributaries. In the absence of forested wetlands abutting these streams, the stream's edge shall be defined as the mean annual surface water elevation of the stream; however, if reliable hydrologic records are not available, the landward extent of the herbaceous emergent wetland vegetation growing in these streams shall be considered to be the stream's edge. This protection zone shall be subject to section 15-440 of this article until a final functional study is approved by the county. The study shall be subject to the following:

(1)

The study shall be basin-wide and limited to the county.

(2)

The county shall not fund the study.

(3)

The county and other appropriate agencies shall approve the methodology of the study prior to the initiation of the study and shall be actively involved in the study.

(4)

Based upon the results of the functional study, the protection zone width may be adjusted.

(5)

In the event that the functional study demonstrates a need to adjust the width of the protection zone, the county shall proceed with amending the interim ordinance.

(b)

Any new development, including agriculture and silviculture, which alters vegetation, water quality or hydrology shall be subject to regulation with the standard of review being no significant adverse effect on the habitat of any aquatic or wetland-dependent wildlife or the habitat of any species designated as endangered, threatened or species of special concern pursuant to F.A.C. 39-27.003, 39-27.004 and 39-27.005, respectively, or water quality, and the groundwater table and surface water levels to minimize alterations to natural hydrologic patterns and subsequent vegetation changes. In no case shall development activities be permitted closer than five hundred fifty (550) feet as measured from the stream's edge of the main river channel except for created forested or herbaceous wetlands, retention areas and passive recreation when it is clearly demonstrated by the applicant that these areas shall not adversely affect aquatic and wetland-dependent wildlife, water quality, groundwater table or surface water levels. Restoration of natural hydrologic regimes and preservation of upland forested areas shall be encouraged through mitigation credits, open space credits or density credits not less than that which is allowed under the zoning ultimately approved by the county and transferred to developable portions of the same property. The owner/applicant may receive mitigation or open space credits for mitigation performed or open space donated to a water management district or another governmental entity even if the property mitigated or dedicated lies outside the county, provided that the board of county commissioners determines that the donation of those lands serves to protect, preserve and enhance the Econ River system and the dedication is effectuated by appropriate recorded legal instrument.

(c)

Forested habitat fragmentation shall be limited. There shall be no additional crossing by road, rail or utility corridors of the protection zone unless three (3) conditions are met:

(1)

There is no feasible and prudent alternative to the crossing;

(2)

All possible measures to minimize harm to the resources of the basin will be implemented; and

(3)

The crossing supports an activity that is clearly in the public interest as determined by the board of county commissioners.

The use of additional crossings co-located with existing crossings shall be presumed to be the least harmful alternative. The expansion of existing crossings shall be presumed to be less harmful to the resources than the construction of new crossings. Adequate wildlife underpasses shall be provided at all new or expanded river crossings. Aerial crossings of the protection zone by roads and utilities shall be encouraged.

(d)

No net floodplain encroachment (fill) shall be permitted within the one-hundred-year floodplain of the Big Econ River (as adopted by FEMA) consistent with current county regulations.

(e)

Within the protection zone, the only type of new stormwater treatment facilities shall be created forested or herbaceous wetlands.

(f)

Within the protection zone, recreation and nature trails shall be unsurfaced and vehicle access shall be limited to river crossings and approved access points.

(g)

Density and intensity of development permitted on parcels of property wholly or partially within the protection zone are encouraged to concentrate or cluster on the most landward portions of the parcel or parcels.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)