§ 23-212. Activities within the buffer and wetland.  


Latest version.
  • No vegetation shall be removed from the natural buffer or the wetland except as follows:

    (1)

    To afford the single-family property owner access to, and a view of the river, a "window" may be provided through the natural buffer and wetlands as follows:

    a.

    For lots of two hundred fifty (250) foot frontage along the river or less, the window may not exceed fifteen (15) percent of the lot frontage adjacent to the river up to a maximum of twenty-five (25) feet. The amount of disturbance to the natural upland buffer area shall not be greater than twenty-five (25) percent.

    b.

    For lots with greater than two hundred fifty (250) feet of frontage along the river, multiple windows may be allowed as long as the total does not exceed ten (10) percent of the lot frontage adjacent to the river, and any individual window does not exceed twenty-five (25) feet. The amount of disturbance to the natural upland buffer area shall not be greater than twenty (20) percent.

    c.

    Removal of vegetation within the window through the natural upland buffer and wetland shall be allowed as follows:

    1.

    Natural Upland Buffer. Trees less than four (4) inches DBH may be removed, as can understory and weed growth. Remaining trees may be trimmed only to the extent to maintain a view of the river. Where understory is removed, natural ground cover shall be installed within forty-eight (48) hours.

    2.

    Wetland. Wetland vegetation within the window may not be removed but can be trimmed in accordance with applicable state and federal regulatory agency criteria to maintain a view of the river. Such trimming must be minimized to allow for use by wildlife.

    3.

    Pathway. A pathway to the river, up to forty (40) inches wide, can be constructed through the natural upland buffer and wetland, but it must be of approved materials and constructed in such a fashion as to minimize erosion and impacts to remaining vegetation.

    (2)

    Sufficient vegetation may be removed within the riverine system and natural buffer to allow for installation of water-dependent structures; provided, that such impact is minimized and is permitted by all agencies. If the applicant intends to provide for ingress and egress to any water-dependent structure, an additional buffer window shall not be cleared.

    (3)

    Conservation easements over wetlands associated with the riverine system and any required buffer shall be recorded in new subdivisions.

    (4)

    Removal of nuisance exotic vegetation within the wetland is acceptable upon approval from the Department of Natural Resources. Removal of nuisance exotic vegetation within the upland buffer is permitted.

    (5)

    The installation of vertical seawalls within manmade canals associated with the riverine system is permissible upon receiving approval from all state and federal agencies with jurisdiction.

    (6)

    The following standards shall apply to seawalls installed on the Mud River, the Weeki Wachee River, the Withlacoochee River and the Little Withlacoochee River:

    a.

    The installation of vertical seawalls on the Mud River or downstream of County Road 597 on the Weeki Wachee River is prohibited unless such installation meets the requirements of Chapter 403.918(5)(b), Florida Statutes, or the vertical seawall is determined to be essential by all state and federal agencies with jurisdiction.

    b.

    Replacement of vertical seawalls on the Mud River or downstream of County Road 597 on the Weeki Wachee River is prohibited unless the replacement meets the requirements of Chapter 403.918(5)(b), Florida Statutes, or the seawall is faced with riprap.

    c.

    The installation of vertical seawalls upstream of County Road 597 is acceptable upon approval of all state and federal agencies with jurisdiction.

    d.

    The installation of vertical seawalls on the Withlacoochee or Little Withlacoochee rivers is prohibited unless the vertical seawall is determined to be essential by all state and federal agencies with jurisdiction.

    e.

    Where seawalls are deemed necessary, they shall be faced with riprap.

(Ord. No. 90-17, § 12, 8-23-90)