§ 38-202. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Functions means the beneficial roles that wetlands serve, including: storage, conveyance and attenuation of floodwater and stormwater; protection of water quantity and quality and reduction of erosion; habit for wildlife, including rare, threatened and endangered species; food chain support for a wide variety of wildlife and fisheries; educational, historical and archeological value protection; and scenic, aesthetic and recreational amenities.

Generalized wetland map means wetlands identified on the U.S. Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory Maps.

Hydric soils means soils that form as a result of saturated soil conditions. A list of these soils is maintained by the soil conservation service.

Hydrophytic vegetation means macrophytic plants tolerant of or dependent on saturated soil conditions.

Jurisdictional determination means an official, written statement or map signed by the U.S. Army Corps of Engineers or, in the case of coastal marshlands, the state department of natural resources.

Jurisdictional wetland means a wetland area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Regulated activity means any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the united states excepting those activities exempted in section 38-205 and exempted in section 404 of the Federal Clean Water Act.

Silviculture means the art of producing, reproducing and growing a forest of distinctive stands of trees.

Temporary emergency permit means a temporary permit that may be issued in certain circumstances specified in section 38-207.

Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and distribution sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

Wetland delineation means the establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the U.S. Army Corps of Engineers.

Wetland protection district means wetlands within the city which are indicated on the generalized wetland map. The generalized wetland map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this article. The generalized wetland map does not represent the boundaries of jurisdictional wetlands within the city and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this article does not relieve the land owner from federal or state permitting requirements.

(Ord. of 12-12-2000(3), § 1)

Cross reference

Definitions generally, § 1-2.