Chp 15, X Wetland Permit Applicant's Handbook

i OCEPD Applicant’s Guide Table of Contents

PART I – BACKGROUND ...... 1 1.1 Applicant’s Guide ...... 1 1.2 Other government agencies ...... 2 1.3 Regulatory authority ...... 2 PART II – CONSERVATION AREA DETERMINATION (CAD) ...... 3 2.1 What is a Conservation Area? ...... 3 2.2 What are the benefits of Conservation Areas? ...... 3 2.3 How does Orange County classify wetlands? ...... 4 2.4 What are the benefits of upland buffer areas adjacent to wetlands? ...... 4 2.5 Who needs a CAD? ...... 4 2.6 How long is a CAD good for? ...... 5 2.7 What issues should be considered regarding timing of a CAD in relation to the development process? ...... 5 2.8 How can I tell if wetlands are on my property? ...... 5 2.9 How do I apply for a CAD? ...... 6 Part III – CONSERVATION AREA IMPACT PERMIT (CAI) ...... 10 3.1 Who needs a CAI permit? ...... 10 3.2 How do I apply for a CAI permit? ...... 10 3.3 How does Orange County review CAI permit applications? ...... 13 3.4 Can a CAI permit be modified? ...... 16 3.5 Which CAI permits require approval by the Board of County Commissioners? ...... 16 3.6 How is a CAI permit enforced? ...... 18 3.7 What is mitigation? ...... 18 3.8 What are the types of mitigation? ...... 19 3.9 How is mitigation assessed? ...... 19 3.10 What is financial assurance? ...... 20

Appendices Appendix A - Glossary Appendix B - List of Commonly Used Acronyms Appendix C - Chapter 15, Article X Conservation Ordinance of Orange County Appendix D - Conservation Area Determination Application Form Appendix E - Conservation Area Determination Checklist Appendix F - Conservation Area Impact Permit Application Form Appendix G - Conservation Area Impact Permit Checklist Appendix H - Request for Permit Extension Appendix I - Petition for Binding Determination of Exemption Appendix J - Relationship Disclosure Form Appendix K - Specific Project Expenditure Report Form Appendix L - Wekiva River Protection Area Appendix M - Econlockhatchee River Protection Area Appendix N - Environmental Land Stewardship Program Appendix O - Flow Chart Appendix P - Examples of Maps Required to be Included in a Complete CAD Application Appendix Q - InfoMap Sample Images

OCEPD Applicant’s Guide / September 2019

1 OCEPD Applicant’s Guide

PART I – BACKGROUND

1.1 Applicant’s Guide Wetlands, both forested and herbaceous, and surface waters, which generally include lakes, streams, and other open water bodies, are classified by Orange County as “Conservation Areas”. Orange County has developed regulations that provide certain levels of protection to these conservation areas, and has developed a process by which landowners, land developers, or their consultants can comply with these protection standards. Orange County has published this Applicant’s Guide to clarify these protection standards, with specific instructions on how to obtain a formal determination of the type, location, and landward extent of conservation areas on a subject parcel (called a “Conservation Area Determination” or CAD), and how to apply for a permit from Orange County to develop in, on, over or adjacent to any identified Conservation Areas (called a “Conservation Area Impact permit” or CAI permit). The intent is to provide developers, environmental consultants, other interested parties, and the public with a clear and concise “how to” guide to obtaining a CAD or CAI permit for a variety of projects within or adjacent to wetlands and/or surface waters of Orange County. The overall objective of this guide is to assist those seeking permits by making the process easier to understand. This guide covers only the CAD and CAI processes, however the development of a parcel may require other environmental reviews and permits as implemented by Orange County’s Environmental Protection Division (EPD), as well as other development related reviews and permits administered by other Orange County divisions. This Applicant’s Guide provides an overview of