Volusia County Wetland Ordinance
Division 11:
Wetland Alteration Permits
It is the purpose and intent of this regulation to provide for the protection, maintenance, enhancement and utilization of wetlands within Volusia County, recognizing the rights of individual property owners to use their lands in a reasonable manner as well as the right of all citizens to protection and purity of the waters of Volusia County and their associated wetland ecosystems. It is the policy of Volusia County to minimize the disturbance of wetlands in the county and to encourage their use only for the purposes which are compatible with their natural functions and environmental benefits.
Wetlands contiguous to waters of the state, noncontiguous and isolated wetlands serve the following important functions in the hydrologic cycle and ecological system:
- Riverine wetlands and adjacent floodplain lands provide natural storage and conveyance of floodwaters.
- Coastal wetlands and inland wetlands adjoining larger lakes and rivers act as barriers to waves and erosion.
- Inland wetlands provide temporary storage of surface waters during times of flood, thereby regulating flood elevations and the timing, velocity and rate of flood discharges.
- Wetlands temporarily store flood flows and reduce the velocity of floodwaters, reducing erosion and facilitating the settling of suspended sediment. Wetland vegetation filters and detains sediment which would otherwise enter lakes and streams.
- Wetlands may protect water bodies by providing settling of suspended sediments, assimilation of nutrients and uptake of other natural and manmade pollutants. Wetland vegetation filters sediment, organic matter and chemicals. Microorganisms utilize dissolved nutrients and break down organic matter.
- Coastal wetlands are important sources of nutrients for fish and shellfish and as spawning grounds. Inland wetlands adjacent to rivers, streams and lakes are important to freshwater fisheries as spawning grounds.
- Both coastal and inland wetlands provide essential breeding and predator escape habitats for many forms of mammals, birds, reptiles, amphibians, fishes and invertebrates.
- Wetlands provide essential habitat for many rare, endangered and threatened species.
- Wetlands provide excellent recreation opportunities, including, but not limited to, fishing, hunting, camping, photography, boating and nature observation.
- Wetlands, especially those in karst terrain, may contribute to surface water storage and may contribute to groundwater recharge.
- Forested wetlands provide an important source of forest products. This renewable resource provides a significant economic benefit to the forest landowners of Volusia County.
The wetlands shall be as defined in section 72-2. The landward extent of wetland delineation shall be as provided in Rule 62-340 et seq., Florida Administrative Code.
In the event an undeveloped area has been cleared within six months from the date of application submittal or jurisdictional determination of all vegetation, the wetland boundary may be determined by a study of the soils, aerial mapping, photography, hydrology and other historical information as appropriate.
Activities which are exempted from this division include:
- Nonmechanical clearing of wetland or buffer vegetation from an area of 500 square feet or less not to exceed 25 feet in width, for access to open water, provided the vegetation is removed from the wetland and disposed of on a suitable upland site.
- Minor maintenance or emergency repair to existing structures or improved areas.
- Clearing and construction of walking trails and timber catwalks for direct access to water bodies having no fill and six feet wide or less.
- Overhead utility crossings; provided however, associated access roads shall be subject to the requirements of this division.
- Maintenance, together with incidental dredge and fill activities in ditches, retention and detention areas, public road and other rights-of-way, and other related drainage systems.
- Bona fide mosquito control activities favorably reviewed by the subcommittee on managed marshes and subsequently permitted by federal, state, or regional agencies.
- Development within wetlands one-half acre or smaller; provided, however, if the entire wetland exceeds this threshold for exemption whether on one or more lots, then the entire wetland is regulated as otherwise provided in this article.
- Development within artificial wetlands which are created as part of a manmade treatment system.
- Development where a federal, state, regional, or local agency completed dredge and fill or wetland application was tendered to said government on or before the adoption of this article [December 7, 1989] or where said agencies have previously determined that no permit was required for a proposed development within one year prior to the adoption of this article.
- Bona fide agricultural uses; provided however, silviculture shall be regulated as provided in section 72-888.
Said permit may be issued concurrent or in conjunction with other land development permits. Construction of a single-family dwelling on upland which does not alter by removing, filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a permit pursuant to this section.
If the wetlands alteration permit application is to be processed concurrently with development order review under divisions 2 or 3 of this article, then it shall be filed as part of the development order review application, and shall include a wetland management plan containing at minimum:
- A detailed description of all water bodies, watercourses and wetlands on-site and a general description of all water bodies, watercourses, and wetlands immediately adjacent to the site and associated hydrologic conditions.
- A general description of the upland habitats on-site.
- A site survey to scale no greater than one inch equals 50 feet which identifies the landward extent of the wetland boundaries, buffer zones, existing and proposed conservation areas and adjacent off-site conservation areas. Upon approval by the EMD, a survey to scale up to one inch equals 400 feet may be acceptable.
- A detailed description of any proposed activity within the wetlands and buffer zones.
- A detailed analysis of on-site and/or off-site mitigation areas, if applicable.
- A plan for the control of erosion, sedimentation and turbidity during and after construction which describes in detail the type and location of control measures, and provisions of maintenance.
- A detailed description of methods to be utilized in meeting the criteria listed in section 72-885.
- A copy of all other federal, state, and regional permits and/or applications and conditions issued for the proposed project.
- Other information which the EMD may reasonably require to determine whether to approve the wetlands alteration permit.
An application for a wetlands alteration permit shall be submitted with the following information:
- Required application information:
- Name, address and phone number for the property owner and/or agent.
- Signature of agent or owner.
- Legal description of property, including the property appraiser's parcel number.
- A scale drawing of the property identifying existing structures, adjacent streets and water bodies.
- A scaled drawing and description of the proposed activity and proposed location.
- A copy of all other federal, state and regional permits and/or applications and conditions issued for the proposed project.
- A wetland management plan as provided for in subsection (1) above; provided however, that such plan shall not be required for the following activities:
- A private dock and additions whose total area does not exceed 500 square feet over waters designated or classified as class II, Outstanding Florida Waters, Aquatic Preserves, or other special designation, or within 100 feet thereof for a single-family residence.
- A private dock and additions whose total area does not exceed 1,000 square feet over water within any class III waters for a single-family residence.
- A private boat ramp for a single-family residence which does not exceed 15 feet wide and requires less than ten cubic yards of fill.
- Construction of a seawall in a manmade canal where the seawall will be connected to existing seawalls on adjacent properties.
- Restoration of existing and functioning structures.
- An applicant is encouraged to arrange a preapplication conference with the EMD to discuss the proposed wetlands alteration and the scientific methods utilized to evaluate and justify any wetlands alteration prior to submitting a formal application to the EMD.
- An application for a wetland alteration permit and a nonrefundable processing fee shall be filed with the LDD.
- Three copies of the required submittals shall be submitted with the application.
- The LDD shall determine the completeness of the application within three days of filing. If incomplete, it shall be returned to the applicant. If complete, the LDD shall transmit it to the EMD.
- Upon receipt, the EMD shall review the application, conduct a preliminary site inspection, and notify the applicant prior to said inspection. If the application meets all requirements, it shall be approved within ten working days of receipt.
- If the EMD determines that the proposed activity fails to meet the minimum requirements or if additional information is required, a request will be made within ten working days after the preliminary site inspection to the applicant to provide the additional information and modify the application and/or mitigation plans.
- If the applicant fails to make the necessary modifications or provide the additional information within 60 days, then the EMD shall deny the permit.
- The LDD shall notify the applicant immediately after the EMD approves or denies the application and issues the permit.
In determining whether the development is permissible under the provisions of this division, the EMD shall consider but not be limited to the following criteria:
- The ability of the wetland to receive, store and discharge surface water runoff so as to contribute to hydrological stability and control of flooding and erosion.
- The ability of the wetland to recharge the groundwater as demonstrated by reliable available information.
- The ability of the wetland to provide filtration and nutrient assimilation from surface water runoff.
- The ability of the wetland to provide habitat and significant ecological function in the life cycle for fish, wildlife or other forms of animal or plant life.
- The ability of the wetland to function as an integral part of any waters, water body or watercourse.
- The cumulative impacts of the proposed development on the wetland system in combination with other developments which have been permitted or constructed in the same drainage basin.
- The technical feasibility of any proposed wetland mitigation plans and the likelihood of their success in restoring or replacing the environmental benefit altered by the development.
- The capacity of the existing wetland to provide environmental benefits because of such factors as maturity, size, degree of prior alteration, physical relationship to other water systems and adjacent land uses.
- The degree or magnitude of the impact of the proposed alteration on the wetland and how such impact shall be minimized through mitigation measures, either off-site or on-site, or both.
- Whether and the extent to which a proposed project must be located within a wetland or water body in order to perform the project's basic functions.
- Whether the wetlands impacted by the proposed activity are protected or used in a manner which does not adversely impact their beneficial functions as provided in section 72-881.
- The ability of the wetland to continue to function after development is completed.
- Whether the proposed project and the wetland impacts are consistent with the policies in the comprehensive plan.
- If the application meets the requirements of this division, the LDD shall issue the permit based upon approval by the EMD, and may attach such appropriate conditions to the permit in order to comply with the standards of subsection (a). The EMD may deny the permit if it does not meet such standards, stating the reasons thereof.
- The EMD may approve a wetlands alteration permit which shall incorporate the general and specific conditions which were made part of the permit from federal, state, or regional agencies. Concurrent applications to the local government and any federal, state, or regional agency shall be encouraged. The EMD is not prevented from approving additional conditions to the permit in order to comply with the standards of subsection (a).
| Wetland Designation | Minimum Buffer Width | Notes |
|---|---|---|
| All wetlands (general) | 25 feet | May be greater if upland activity adversely impacts beneficial functions. No development in buffer except for direct access to water bodies. |
| Outstanding Florida Waters (OFW) and Natural Resource Management Area (NRMA) | 50 feet | May be reduced to 25 feet if on a lot with less than ten acres and located within an approved subdivision recorded or exempted prior to November 1, 1990. |
The buffer may coincide with the setback on a lot under the zoning ordinance or may coincide with environmental system corridors designated in the comprehensive plan.
Development activities or construction which do not have a significant adverse effect on the natural function of the buffer may be allowed within the buffer. Permitted activities include, but are not limited to, pruning, planting of suitable native vegetation, removal of exotic and nuisance pioneer plant species, and the creation and maintenance of walking trails.
Mitigation plans should consider the function of existing natural resources and provide comparable functions after mitigation is completed. The mitigation plans shall consider the following methods, in order of priority:
- Avoiding the impact altogether by not taking a certain action or parts of an action.
- Minimizing impacts by limiting the degree or magnitude of the action or its implementation.
- Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
- Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
- Compensating for the impact by replacing or providing substitute resources or environments through creation of new wetlands, enhancement of existing wetlands or reestablishment of wetlands which are no longer functioning due to significant alteration in the past.
Where all or part of a wetland is destroyed or substantially altered by development, a proposed mitigation plan shall include at least:
- A description of the wetland and buffer to be created or restored, including the type and functions of the wetland, the proposed mitigation ratios, species present or to be planted, plant density, anticipated source of plants, soils and hydrologic regime.
- A plan for monitoring the success of a created or restored wetland.
- A detailed plan describing the monitoring and methods of control and maintenance of exotic or nuisance vegetation.
- Monitoring and replacement to assure a survival rate of 80 percent wetland vegetation for a minimum of three years.
- An upland habitat as an adjacent buffer on mitigated sites, as provided in section 72-886.
An acceptable mitigation plan shall be reasonably and technically feasible. Mitigation through restoration of other degraded wetlands is preferred over wetland creation. Mitigation should take place on-site or in close proximity thereto.
An applicant who carries out a compensatory mitigation plan shall grant a conservation easement on the newly created or restored wetland and buffer to protect it from future development.
In determining the replacement acreage ratios for restored or created wetlands, the EMD shall consider but not be limited to the following criteria:
- The length of time that can be expected to lapse before the functions of the impacted wetlands have been restored or offset.
- Any special designation or classification of the water body, including Outstanding Florida Waters, aquatic preserves or class II.
- The type of wetland to be created and the likelihood of successfully creating that type of wetland.
- Whether or not the affected wetland is functioning as a natural, healthy wetland of that type.
- Whether the wetland is unique for that watershed.
- The presence or absence of exotic or nuisance plants within the wetland and adverse effects those plants have on the wetland's beneficial functions.
- Whether the proposed project eliminates or changes the wetland from one type to another.
- The amount and quality of upland habitat preserved as conservation areas or buffer.
- Whether the applicant chooses to allocate funds to the County of Volusia Environmental Improvement Trust Fund as provided in subsection (c).
If the wetlands alteration permit application is not processed concurrently with development order review and a successful mitigation is not likely to offset unavoidable impacts, then the proposed development shall be assessed a mitigation fee. All mitigation fees shall be deposited in the County of Volusia Environmental Improvement Trust Fund, the purpose of which is to purchase, improve, create, restore, manage and replace natural habitat within the county.
Volusia County shall designate and attempt to purchase or otherwise acquire lands within each watershed and/or subbasin which are suitable for the creation, acquisition, restoration or preservation of wetlands or wetland habitat systems, including adjacent upland habitat. For those projects which require off-site mitigation, the mitigation shall be performed within the watershed or subbasin of those designated lands. The off-site mitigation areas may be developed with the intention of utilizing the areas for passive and/or active recreational parks, provided however, the wetlands beneficial functions are not adversely impacted.
Bona fide silvicultural harvesting activities are exempt from the permitting and mitigation requirements of this division. Provided further, however, failure to comply with the following requirements shall be a violation of this division:
- Silvicultural harvesting activities shall follow the best management practices as outlined in the publication titled "Silviculture Best Management Practices Manual," Florida Department of Agriculture and Consumer Services, Division of Forestry, most recent edition. The use of the "Management Guidelines for Forested Wetlands in Florida," Florida Department of Agriculture and Consumer Services shall be encouraged.
- Filling, draining, dredging, roadway construction or any activity which requires a permit from the St. Johns River Water Management District.
- Fire prevention techniques are hereby authorized by this division.
Determination of the EMD may be appealed in writing within 30 days of said determination to the DRC by the applicant. The DRC may uphold, modify or reverse the determination of the EMD. Appeals of the decision of the DRC shall be as provided in division 1, subsection 72-502(g).
