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Ordinance 4175-26
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Ordinance 4175-26
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Ordinances
Ordinance Number
4175-26
Date
4/15/2026
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Exhibit B <br />ORDINANCE Exhibit A - Page 43 of 66 <br />2. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally <br />identified by a watershed plan, such as replacement of historically diminished wetland types. <br />D. Preference of Mitigation Actions. Mitigation for wetland and buffer impacts shall rely on a method <br />listed below in order of preference. A lower-preference form of mitigation shall be used only if the <br />applicant’s qualified professional demonstrates to the planning director’s satisfaction that all higher- <br />ranked types of mitigation are not viable, consistent with the criteria in this Section. <br />1. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site <br />with the goal of returning natural/historic functions and environmental processes to a former or <br />degraded wetland. Restoration is divided into two categories: <br />a. Re-establishment: The manipulation of the physical, chemical, or biological <br />characteristics of a site with the goal of returning natural/historic functions and <br />environmental processes to a former wetland. Re-establishment results in rebuilding a <br />former wetland and results in a gain in wetland area and functions. Example activities <br />could include removing fill, plugging ditches, or breaking drain tiles to restore a wetland <br />hydroperiod, which in turn will lead to restoring wetland biotic communities and <br />environmental processes. <br />b. Rehabilitation: The manipulation of the physical, chemical, or biological <br />characteristics of a site with the goal of repairing natural/historic functions and <br />environmental processes to a degraded wetland. Rehabilitation results in a gain in <br />wetland function but does not result in a gain in wetland area. The area already meets <br />wetland criteria, but hydrological processes have been altered. Rehabilitation involves <br />restoring historic hydrologic processes. Example activities could involve breaching a dike <br />to reconnect wetlands to a floodplain or return tidal influence to a wetland. <br />2. Establishment (Creation): The manipulation of the physical, chemical, or biological <br />characteristics of a site to develop a wetland on an upland where a wetland did not previously <br />exist at an upland site. Establishment results in a gain in wetland area and functions. An example <br />activity could involve excavation of upland soils to elevations that will produce a wetland <br />hydroperiod and hydric soils by intercepting groundwater, and in turn supports the growth of <br />hydrophytic plant species. <br />a. If a site is not available for wetland restoration to compensate for expected wetland <br />and/or buffer impacts, the planning director may authorize establishment of a wetland <br />and buffer upon demonstration by the applicant’s qualified professional that: <br />i. The hydrology and soil conditions at the proposed mitigation site are <br />conducive for sustaining the proposed wetland and that establishment of a <br />wetland at the site will not likely cause hydrologic problems elsewhere; <br />ii. Adjacent land uses and site conditions do not jeopardize the viability of the <br />proposed wetland and buffer (e.g., due to the presence of invasive plants or <br />noxious weeds, stormwater runoff, noise, light, or other impacts); and <br />iii. The proposed wetland and buffer will eventually be self-sustaining with little <br />or no long-term maintenance.
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