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Ordinance 3676-19
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Ordinance 3676-19
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5/21/2019 10:47:20 AM
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Ordinances
Ordinance Number
3676-19
Date
5/15/2019
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Creation=The manipulation of the physical,chemical,or biological characteristics present to develop a wetland <br /> on an upland or deepwater site,where a wetland did not previously exist.Activities typically involve excavation <br /> of upland soils to elevation that will produce a wetland hydroperiod,create hydric soils,and support the growth <br /> of hydrophytic plant species. Establishment results in a gain in wetland acres. <br /> Re-establishment=The manipulation of the physical,chemical,or biological characteristics of a site with the <br /> goal of returning natural or historic functions to a former wetland.Activities could include removing fill material, <br /> plugging ditches,or breaking drain tiles.Activities could also involve breaching a dike to reconnect wetlands to a <br /> floodplain or return tidal influence to a wetland. Reestablishment results in a gain in wetland acres. <br /> Rehabilitation=The manipulation of the physical,chemical,or biological characteristics of a site with the goal <br /> of repairing natural or historic function of a degraded wetland.Activities could involve breaching a dike or <br /> reconnecting wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in <br /> wetland function but does not result in a gain in wetland acres. <br /> Enhancement=The manipulation of the physical,chemical or biological characteristics of a wetland site to <br /> heighten,intensify or improve functions or to change the growth stage or composition of the vegetation <br /> present. Enhancement is undertaken for specified purposes such as water quality improvement,flood water <br /> retention or habitat.Activities typically consist of planting vegetation,controlling nonnative or invasive species, <br /> modifying the site elevation or the proportion of open water to influence hydroperiods,or some combination of <br /> these. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland <br /> functions,but does not result in a gain in wetland acres. <br /> 1 These ratios are based on the assumption that the rehabilitation or enhancement actions implemented <br /> represent the average degree of improvement possible for the site. Proposals to implement more <br /> effective rehabilitation or enhancement actions may result in a lower ratio,while less effective actions <br /> may result in a higher ratio.The distinction between rehabilitation and enhancement is not clear-cut. <br /> Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray <br /> area between rehabilitation and enhancement will result in a ratio that lies between the ratios for <br /> rehabilitation and the ratios for enhancement_ <br /> 2 Bogs are considered irreplaceable wetlands because they perform some special functions that cannot <br /> be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net <br /> loss of some functions no matter what kind of compensation is proposed. <br /> a. Increased Mitigation Ratios.The city may increase the ratios under any one of the following <br /> circumstances: <br /> i. Uncertainty as to the probable success of the proposed restoration or creation; <br /> ii. Significant period of time between destruction and replication of wetland functions; <br /> iii. The proposed mitigation will result in a lower category wetland or projected losses in <br /> functions relative to the wetland being impacted; <br /> iv. The relocation is off-site or the replacement is with out-of-kind compensation; <br /> v. The wetland has been illegally filled or altered. <br /> b. Decreased Mitigation Ratios.The city may decrease these ratios under the following <br /> circumstances: <br /> i. Documentation by a qualified wetland specialist demonstrates that the proposed <br /> mitigation actions have a very high likelihood of success. <br /> ii. Documentation by a qualified wetland specialist demonstrates that the proposed <br /> mitigation actions will provide significantly greater functions than the wetland being <br /> impacted. <br /> EMC Title 19.37 (Critical Areas) Page 39 <br />
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