§ 33-2-303. NONTIDAL WETLAND PROTECTION.

(a)

Buffer. A minimum 25 foot buffer shall be established and remain undisturbed around all nontidal wetlands to prevent development or other activity from adversely affecting the wetlands or the wildlife contained in the wetlands.

(b)

Water discharge.

(1)

Alterations to the surface or subsurface flow of water into and from nontidal wetlands shall be minimized to protect the hydrologic processes and water quality of the nontidal wetlands.

(2)

Minimizing alterations to water flow under paragraph (1) of this subsection may include:

(i)

Maximizing the infiltration of water throughout the site, rather than concentrating flows into direct discharge points; or

(ii)

Decentralizing the discharge points if the use of these discharge points cannot be avoided for stormwater management.

(c)

Development activities - Prohibited. Development activity, including redevelopment activity, the construction of a structure, parking area, or other impervious surface, mining and the use of related facilities, and the installation of a septic system, is prohibited in nontidal wetlands or nontidal wetlands buffers.

(d)

Improvements - Limitations.

(1)

Except as provided in paragraph (2) of this subsection, improvements, including roads, trails, bridges, storm drainage, stormwater management devices and practices, and utilities, are prohibited in nontidal wetlands or nontidal wetlands buffers.

(2)

Improvements in nontidal wetlands or nontidal wetlands buffers may be allowed if the Director of Environmental Protection and Sustainability approves an alternatives analysis submitted by an applicant that clearly demonstrates that:

(i)

No physically feasible alternative exists; and

(ii)

The improvements are located, designed, constructed, and maintained to:

1.

Provide maximum erosion protection;

2.

Minimize adverse effects on wildlife, aquatic life, and the respective habitats; and

3.

Maintain hydrologic processes and water quality.

(3)

The impacted area shall be restored following any disturbance.

(e)

Mitigation. Activities or uses that are allowed under the approval of an alternatives analysis, a variance, or a variation of standards, shall only occur in conjunction with mitigation measures that:

(1)

Provide water quality benefits and plant and wildlife habitat equivalent to the level before the nontidal wetland was affected or destroyed; and

(2)

Shall be accomplished, to the maximum extent possible, on or near the affected nontidal wetlands.

(1988 Code, § 26-448) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)