Sec. 8.9. Wetlands Protection Standards
8.9.1. Purpose
The primary purpose of the wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. protection standards is to conserve and maintain natural wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. in an undisturbed vegetated state in order to provide storage of stormwater runoff The direct runoff of water resulting from precipitation in any form., minimize degradation of preserved wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. from the impacts of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., improve water quality and preserve plant and wildlife habitat.
8.9.2. Application of Wetlands Protection
The City and County acknowledge the pre-eminence of the Federal and State governments with regard to the identification and regulation of wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies.. Accordingly, the standards contained within this section shall not duplicate the requirements of the US Army Corps of Engineers (the Corps) or the North Carolina Department of Environmental Quality (DEQ), Division of Water Resources (Division), but shall require the buffering of wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. areas, identified by these agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., on development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., and as otherwise required under Sec. 8.5, Riparian Buffer Protection Standards.
8.9.3. Wetland Buffer Applicability
A. A wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall not be required for any wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. approved for dredging or filling under a Section 404 Permit issued by the Corps or a Section 401 Water Quality Certification issued by the Division.
B. A wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall not be required for wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. areas associated with man-made ponds unconnected to intermittent or perennial streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. or to man-made drainage ditches.
C. A wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required for any wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. area one acre or greater in size.
8.9.4. Wetland Buffer Width
The wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be provided along the perimeter boundary of the wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. area and shall be at least 25 feet in width.
8.9.5. Wetland Buffer Standards
Wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers shall be governed by Sec. 8.5, Riparian Buffer Protection Standards, except where it may conflict with this section, in which case this section applies.