Subject:
Title
Legislative intent and permission to advertise amendments to Chapter 62, Article X, Division 4, entitled Wetland Protection.
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Fiscal Impact:
FY21/22: Advertising Costs
Dept/Office:
Natural Resources Management Department
Requested Action:
Recommendation
Staff requests legislative intent and permission to advertise amendments to Chapter 62, Article X, Division 4, entitled Wetland Protection.
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Summary Explanation and Background:
On February 3, 2022, the Board of County Commissioners (Board) requested proposed code language options relating to Board-level public interest determination (PID) for wetland impacts associated with commercial and industrial land development and redevelopment activities, agricultural activities, and abandoned mine reclamation. Specifically, the Board seeks to clarify a sentence found in Sections 62-3694(c)(3), (7), (8), and (9), "Impacts to high functioning and landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit."
It has been contemplated that the sentence can be read to mean that a wetland must be high functioning and landscape level to require a PID. However, considering the language in context of the Countywide Wetlands Study, the intent appears to be that PID is required for wetland impacts when a wetland is 1) high functioning, 2) landscape level, or 3) both. Whichever approach the Board prefers, clarifying the language will remove ambiguity for applicants.
Background
In October 2012, the Board adopted Comprehensive Plan (Plan) amendments related to Wetland Protection. Concurrently, the Board approved the commission of a Countywide Wetlands Study to identify "high functioning" and "landscape level" wetlands. The intent was to prioritize these wetlands for protection, while allowing mitigation of wetlands of inferior quality for commercial, industrial, and institutional land development activities.
The Wetlands ...
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