§ 26.7. Wetlands (WL).

26.7-1

Findings of fact. Freshwater wetlands may be defined as those areas covered or saturated by water all or part of the time. Wetlands include marshes, bogs, swamps and other inundated areas. They are normally found in flood plains, along stream banks and adjacent to ponds and lakes. Vegetation adapted for life in saturated soil is prevalent, although standing water may not always be seen. Wetlands are valuable to mankind in many ways. They protect and improve water quality by trapping and filtering pollutants and sediments and by recharging groundwater supplies. During floods, wetlands minimize the damage to human life and property by serving as water containment areas. This has the effect of reducing the volume, velocity and duration of the flood itself. Wetlands are significant biological habitats that are essential breeding, nesting and feeding areas for many species. The abundance of wildlife provides ample opportunities for outdoor recreation, including hunting and fishing.

In an effort to protect and manage the nation's fresh water wetlands, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (COE) have adopted the Section 404K program of the Clean Water Act. EPA and COE share the primary responsibility for enforcement.

Therefore is essential that the wetlands be protected for natural water filtration and in order to provide for the health, safety and welfare of Cherokee County citizens.

26.7-2.

Wetland protection district. The WL district(s) shall consist of all applicable lands within wetlands lying within the unincorporated boundaries of Cherokee County. All individual(s) who propose development activity shall reference the National Wetlands Inventory Map prepared by the U.S. Department of the Interior.

26.7-3.

Permitted uses. Herein are the permitted uses allowed in the WL districts, provided that they are not prohibited by any other ordinance of law and do not require structures, grading, fill, draining or dredging except unless stated otherwise:

(1)

Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided they do not affect waters of Georgia or the United States in such a way that would require an individual 404 Permit.

(2)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding and canoeing.

(3)

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission.

(4)

The cultivation of agricultural crops. All agricultural activities shall be subject to the best management practices (BMP) approved by the Georgia Department of Agriculture.

(5)

The pasturing of livestock.

(6)

Education, scientific research and nature trails.

26.7-4

Development permits.

(1)

Local development permit requirements. No regulated activity will be allowed within the WL district without written permission from Cherokee County in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this ordinance and other applicable regulations. All activities that are not identified below or by other local development ordinances shall be prohibited without prior issuance of a local development permit. If the area proposed for development is located within 100 feet of the Wetland Protection District boundary, as determined from the National Wetlands Inventory Map (U.S. Department of the Interior), a U.S. Army Corp of Engineers determination shall be required. If the Corps determines that wetlands are present on the proposed site and that Section 404 Permit or Letter of permission is required; a local development permit will be issued only following issuance of the Section 404 Permit or Letter of Permission.

(2)

Temporary emergency permit. Cherokee County EMA Director may issue a temporary emergency permit given the following conditions/reasons indicated herein:

a.

Replacement of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication or other services due to destruction by natural disaster situations shall be exempt from permit issuance process.

b.

Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication or other services, provided that such roads, structures or facilities are not materially changed or enlarged and written notice prior to the commencement of work has been given to Cherokee County and provided that the work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment will be minimized.

c.

Temporary water-level stabilization measures associated with ongoing silvicultural operations.

d.

Limited ditching, tilling, dredging, excavating or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration or loss of wetlands not previously subject to agricultural and silvicultural use under the terms and provisions.

e.

Limited excavating and filling necessary for the repair and maintenance of a pier, walkways, nature trails, observation decks, wildlife management shelters, boathouses or other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland.

f.

In addition to other fees assessed, the applicant may be held liable for costs incurred by Cherokee County during evaluation of the performance standards evaluation.

(Ord. No. 99-O-12, 4-20-90)