Chp 15, X Wetland Permit Applicant's Handbook
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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 © 2019 Orange County Environmental Protection Division 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 the processes and rules, and provides references to the specific ordinance(s) as established by Orange County for the details. This Applicant’s Guide makes use of hypertext links to provide an easy reference to important forms or other information both within the Applicant’s Guide and to other online resources. Orange County’s Conservation Areas include natural surface waters, such as lakes, rivers, and streams, as well as wetlands, such as swamps, cypress domes, wet prairies, and freshwater marshes. OCEPD Applicant’s Guide / September 2019 2 OCEPD Applicant’s Guide 1.2 Other government agencies Alterations and impacts to wetlands or surface waters may also be regulated by federal, state, and municipal regulatory agencies. Orange County’s regulation of conservation areas is independent of any other rules that may have been developed by other agencies. Thus, obtaining a wetland permit from any federal or state agencies, or other local municipalities does not eliminate the requirement to comply with Orange County regulations. In accordance with the Orange County Charter, Orange County will not exert regulatory authority in some municipalities within the County that have enacted wetland regulations of their own. State and federal agencies regulating wetlands and surface waters within Orange County include the following: • U.S. Army Corps of Engineers (USACE) is the federal agency primarily responsible for regulating wetlands and surface waters. • Florida Department of Environmental Protection (FDEP) is the lead state agency responsible for wetlands permitting, but has delegated most permitting responsibility to Florida’s Water Management Districts. • St. Johns River Water Management District (SJRWMD) administers State wetland regulations over most of Orange County. • South Florida Water Management District (SFWMD) administers State wetland regulations generally in the southwestern part of the County. 1.3 Regulatory authority Orange County has been authorized to regulate impacts to conservation areas by the Constitution of the State of Florida, state statutes, and the Orange County Charter. County policies and goals have been defined in the Orange County Comprehensive Plan; and enacted by various ordinances as compiled in the Orange County Code. • The Constitution of the State of Florida provides in Article VIII for the establishment of County and Municipal governments. Orange County has thus been delegated regulatory authority by the State of Florida, and its authority is further defined by the Orange County Charter. • The State of Florida has standardized the wetland definition (62-340 F.A.C.) and the mitigation assessment methodology (62-345 F.A.C.) for all state agencies and all local regulatory agencies throughout the state, including Orange County. • Article I of the Orange County Charter describes the Powers of Government, and Section 106 of this Article specifically charges the County to use its powers to secure for all citizens by ordinance or by civil or criminal action, whenever appropriate, the following: . Just and Equitable Taxation; . Proper Use of Public Property; . Full Disclosure of Public Records and Proceedings; and . Prevention of Abuse of the Environment. • Orange County Comprehensive Plan - Orange County, pursuant to the State of Florida’s Growth Management Act of 1985, has created a Comprehensive Plan, which establishes Orange County’s Goals, Objectives, and Policies to guide growth and development. Conservation is one of eighteen planning elements treated by the Comprehensive Plan. The Conservation Element states as Goal C1 “Orange County shall