DIVISION 1. - WETLANDS AND SHORELINE PROTECTION[1] Footnotes: --- (1) --- Editor's note— Part 1 of Ord. No. 903, adopted Dec. 13, 2011, amended div. 1 in its entirety to read as herein set out. Former div. 1 pertained to similar subject matter, was comprised of §§ 4.1—4.4, and derived from Ord. No. 548, adopted June 22, 1999; Ord. No. 572, adopted July 25, 2000; Ord. No. 573, adopted May 25, 2000; Ord. No. 580, adopted Nov. 7, 2000; Ord. No. 590, adopted June 19, 2001; Ord. No. 640, adopted March 9, 2004; Ord. No. 732, adopted Dec. 19, 2006; and Ord. No. 821, adopted April 7, 2009. Cross reference— Excavation, mining and filling, § 4.341 et seq.; stormwater management and flood control, § 4.381 et seq.; tree protection, § 4.666. Sec. 4.1. - In general. 4.1.A. Purpose. It is the purpose of this division to promote ecological stability, improve water quality, prevent flooding and protect property and environmental resources as set forth below. 1. The purpose of this division is to establish regulations that implement the Goals, Objectives and Policies as established in Chapters 2, 8 and 9 of the Comprehensive Growth Management Plan for wetlands and shoreline protection zones. The regulations in this division shall be consistent with the Comprehensive Plan and provide additional standards and procedures for permitting, compliance and enforcement. 2. The purpose of this division is to protect natural wetland systems and sustain natural wetland hydroperiods, to minimize activities that degrade, destroy or otherwise negatively impact wetland values and functions, and where appropriate, to reestablish and restore productive wetland systems. 3. It is also the purpose of this division to protect estuarine waters to minimize activities that degrade, destroy or otherwise negatively impact estuarine systems, and where appropriate, to reestablish and restore natural habitat. Activities that negatively impact estuarine water quality and the natural habitat, above or below the mean high water line, shall be minimized. Furthermore, activities/improvements which increase water retention and/or increase water quality improvements shall be encouraged. 4. Wetlands serve many important hydrological and ecological values and functions. They reduce the impact of flooding by acting as natural retention and water storage areas. Wetlands act as groundwater recharge and/or discharge areas for the surficial aquifer, and protect water supplies for environmental, urban and agricultural use. Wetlands protect groundwater table levels and help minimize damage from fires. Wetlands provide in-flows of clean water to the rivers and estuaries through surface and groundwater connections and minimize urban runoff by filtering water. They provide green space and biological diversity, and serve to cool the atmosphere. Wetlands act as productive biological systems providing habitat, foraging and denning areas for listed, threatened and endangered species. Wetlands are important to our community values and aesthetic appearance. 5. The purpose of this division is to protect natural wetland systems regardless of whether or not the wetlands in question have ever been delineated through either a binding or nonbinding boundary determination. Manmade excavations in uplands, except those that are navigable and connected to surface waters of the State, are not protected by this division. While manmade wetlands exempt under this division are not protected as natural wetlands, development review shall assure that impacts to them do not adversely affect drainage or natural systems. 4.1.B. Wetlands applicability. 1. All wetlands in unincorporated Martin County shall be protected. Freshwater wetlands and estuarine wetlands shall be protected and regulated pursuant to sections 4.1., 4.2., 4.3., 4.6., and 4.7., within the Land Development Regulations (LDR) and Objective 9.1G., Martin County Comprehensive Growth Management Plan (Comprehensive Plan). a. No negative impacts or alterations shall be allowed within wetlands or wetland buffers except as specifically provided for in section 4.3, waivers and exceptions. All development must be consistent with the wetland protection requirements of this division and the Comprehensive Plan. Compliance with these requirements must be demonstrated by the applicant prior to the issuance of any development approval or order. b. The requirements of this division to protect wetlands and wetland buffers shall apply to all activities, whether urban or agricultural. A clearing permit or land clearing plan approval shall be required, for any clearing in order to demonstrate compliance as specified within this division. 4.1.C. Shoreline protection applicability. 1. Within the unincorporated area of Martin County the Shoreline Protection Zone, as defined, shall be protected pursuant to sections 4.1., 4.4., 4.5., 4.6., and 4.7., within Article 4, Division 1., LDR and Objective 8.1C., Comprehensive Plan. a. The Shoreline Protection Zone includes areas commonly referred to as the St. Lucie River, Indian River Lagoon, Loxahatchee River, all navigable tributaries, navigable canals, and any wetlands delineated within the Shoreline Protection Zone. 4.1.D. Glossary. For purposes of this division the following words, terms and phrases shall have the meanings as set forth below. Buffers means a transition area managed for the protection of preserved upland and wetland habitats from the destructive impacts of human activities. County Administrator shall mean the County Administrator of Martin County or his/her designee. Docks mean fixed or floating structures providing access over submerged lands. Hardened shoreline means a shoreline area connected to surface waters of the state that has been legally excavated and stabilized (e.g., sea walls, rip rap, retaining walls, or interlocking bricks that function to provide shoreline stabilization at Mean High Water or above). Isolated wetlands means delineated wetlands and wetlands that would have been delineated except for being illegally altered, but which are surrounded by uplands and without a natural or navigable connection to surface waters of the state. Living shorelines means an environmentally sound practice that uses materials and methods of construction intended to stabilize shorelines and reduce erosion while simultaneously enhancing environmental function by providing natural shoreline habitat for marine organisms, native vegetation, fish and wildlife. Mean high water (MHW) line means the intersection of the tidal plane of the mean high water with the shore as determined in accordance with F.S. ch. 177, pt. II. Natural wetland hydroperiod means the normal seasonal fluctuations in the surface and groundwater levels of wetlands and the resulting duration of surface flooding in response to seasonal rainfall. Navigable means the following estuarine river systems in Martin County; St. Lucie River, Indian River and Loxahatchee River, including canals, tributaries and sovereign submerged lands regardless of the existence of a lease, easement or license. For purposes of applying a Shoreline Protection Zone, the term "navigable" shall not include: a. Surface waters of the State that are connected to estuarine waters by a weir or other manmade structure. b. Ditches, swales and other constructed conveyances that are connected to the estuary by a pipe. Retaining wall means a vertical structure designed and constructed to resist the lateral pressure of soil moving downward due to stormwater runoff. Unlike riprap or a seawall a retaining wall shall not be subject to normal wave action. Riprap means a manmade aggregation of unconsolidated boulders, rocks, or clean rubble designed to break the force of waves and to protect the shore from erosion due to wave action. The materials used shall not contain any dangerous protrusions. Seawall means a vertical structure built along a portion of a coast, retaining earth against its landward face and designed to prevent erosion and other damage by wave action. Self-contained plant community means a sustainable native habitat appropriate to the local conditions. Shoreline Protection Zone means all estuarine waters within Martin County and all surface waters of the State that are both hydrologically connected to the estuarine waters and navigable. The Shoreline Protection Zone shall also extend 75 feet laterally upland from the mean high water of those estuarine waters and surface waters of the state. Within the waters described above, "wetlands" (as defined by Florida Statutes and delineated pursuant to Florida Statutes) shall be protected as described in Objective 9.1G. Comprehensive Plan and Sections 4.1, 4.2, 4.3, 4.6 and 4.7 of this division. Surface waters of the state, for purposes of this division, includes navigable waters and connected wetlands, as defined by F.S. § 373.019(19), and excludes isolated wetlands as defined in this division. Unhardened manmade shoreline means a shoreline area connected to surface waters of the state that has been legally excavated, not structurally hardened. Wetlands mean areas as defined in Florida Statutes and are those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands