Chapter 15, Amended Article X Wetland Conservation Areas Presented by the Orange County Environmental Protection Division February 5, 2008 Presented by the Orange County Environmental Protection Division February 5, 2008 Board of County Commissioners

Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

Presentation Outline

Purpose/History Update certain terminology in the Conservation Areas Ordinance Incorporate changes in state requirements Establish new fee for exemption requests Streamline permit process for small scale wetland impacts Update certain terminology in the Conservation Areas Ordinance Incorporate changes in state requirements Establish new fee for exemption requests Streamline permit process for small scale wetland impacts

Purpose/History Ordinance created in 1987 (Ch. 15, Art. X) Major Components –Wetland Classification Class I impacts must have public benefitClass I impacts must have public benefit II and III allowed with appropriate mitigationII and III allowed with appropriate mitigation –Wetland Mitigation 2007 Fee Modifications (CAD and CAI) Ordinance created in 1987 (Ch. 15, Art. X) Major Components –Wetland Classification Class I impacts must have public benefitClass I impacts must have public benefit II and III allowed with appropriate mitigationII and III allowed with appropriate mitigation –Wetland Mitigation 2007 Fee Modifications (CAD and CAI)

Presentation Outline

Conservation Ordinance Changes Proposed changes Change references from the Planning Department and Director to the Environmental Protection Division and to the Environmental Protection Officer Remove references to outdated wetland identification and delineation methodology and insert Chapter , Fla. Admin. Code, Delineation of the Landward Extent of Wetlands and Surface Waters, and Chapter (5) Fla. Admin. Code Proposed changes Change references from the Planning Department and Director to the Environmental Protection Division and to the Environmental Protection Officer Remove references to outdated wetland identification and delineation methodology and insert Chapter , Fla. Admin. Code, Delineation of the Landward Extent of Wetlands and Surface Waters, and Chapter (5) Fla. Admin. Code

Conservation Ordinance Changes Proposed changes Remove references to outdated Florida Fish and Wildlife Conservation Commission Listed Species Rule and insert Chapter 68A, Fla. Admin. Code Modify exemption application title for clarity Proposed changes Remove references to outdated Florida Fish and Wildlife Conservation Commission Listed Species Rule and insert Chapter 68A, Fla. Admin. Code Modify exemption application title for clarity

Conservation Ordinance Changes Public Input: July 23, 2007 – Consultant/contractor discussion meeting July 25, Environmental Protection Commission December 20, Local Planning Agency Public Input: July 23, 2007 – Consultant/contractor discussion meeting July 25, Environmental Protection Commission December 20, Local Planning Agency

Presentation Outline

Binding Determination of Exemption Application Fee Same process as recently approved fees for CAD’s and wetland permits This new fee covers staff and administrative costs associated with processing and researching a request for a Binding Determination of Exemption. Cost accounting amount $ Requesting $ Binding Determination of Exemption Application Fee Same process as recently approved fees for CAD’s and wetland permits This new fee covers staff and administrative costs associated with processing and researching a request for a Binding Determination of Exemption. Cost accounting amount $ Requesting $ New Fee Creation

Presentation Outline

Permit Streamlining Current Permit Process –Class I to BCC (Public Hearing) –Class II & III issued by staff Requirements of Ordinance –Expedite permit process by not requiring public hearing for certain impacts Current Permit Process –Class I to BCC (Public Hearing) –Class II & III issued by staff Requirements of Ordinance –Expedite permit process by not requiring public hearing for certain impacts

Permit Streamlining Proposed Process Changes: May acknowledge public benefit or feasible use criteria if Class I impact is for: Outfall stormwater pipes Access roads to upland (w/no other option) Restoration projects Proposed Process Changes: May acknowledge public benefit or feasible use criteria if Class I impact is for: Outfall stormwater pipes Access roads to upland (w/no other option) Restoration projects

Permit Streamlining Proposed Process Changes: May allow minor modifications to permits if they meet the following criteria: Net reduction in impact; Additional impact not exceeding.5 acre and meets recommended criteria Proposed Process Changes: May allow minor modifications to permits if they meet the following criteria: Net reduction in impact; Additional impact not exceeding.5 acre and meets recommended criteria

Permit Streamlining Not Included: Class I impacts for: Lots Subdivision roads where uplands can be used for access Stormwater ponds Not Included: Class I impacts for: Lots Subdivision roads where uplands can be used for access Stormwater ponds

Permit Streamlining Not Included: Impacts in Econ/Wekiva Protection Areas Enforcement cases Permit modifications >.5 acre or do not meet recommended criteria These items would still go through public hearing process. Not Included: Impacts in Econ/Wekiva Protection Areas Enforcement cases Permit modifications >.5 acre or do not meet recommended criteria These items would still go through public hearing process.

Presentation Outline

Summary Changes to Chapter 15, Article X, Wetland Conservation Areas Fee for Binding Determination of Exemption Permit Streamlining Process Changes to Chapter 15, Article X, Wetland Conservation Areas Fee for Binding Determination of Exemption Permit Streamlining Process

Presentation Outline

Action Requested Approve draft revisions to the Wetland Conservation Areas Ordinance, adopt procedural changes regarding permit issuance and creation of an application fee for Binding Determination of Exemption