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A. The following uses are normally regulated but may be allowed, subject to a Process I administrative determination by the Director, provided the listed criteria are met.

B. Educational and Recreational Facilities. Minor structural fill may be allowed for the construction and enhancement of public trails, such as bridging, and trail-related facilities such as benches, interpretive signs, and viewing platforms. Construction of such features on all previously filled areas is allowed. The following conditions must be met:

1. An alternative location outside the wetland is not feasible. Trails and related facilities within wetlands shall, to the extent possible, be placed on other previously disturbed areas;

2. Associated facilities, such as interpretive centers, restrooms, or parking areas are not allowed within wetlands or buffers by this conditional exemption;

3. The fill on which the trails or trail-related facilities is placed is limited to the minimum dimensions necessary for the actual crossing and shall not cover more than 5,000 square feet of wetland area;

4. Project design shall minimize adverse impacts to wetlands/buffers and wildlife habitat. Pervious surfaces shall be used;

5. All construction work in the wetland shall be done during the summer dry season (July 15th to October 15th). A time extension may be granted by the Department;

6. Native vegetation disturbed by trail construction activities shall be salvaged and replanted in the disturbed areas to the extent feasible.

C. Minor Road or Trail Crossings. Fills for the construction of a road or trail crossing shall be allowed in wetlands or buffers; provided, that crossings of wetlands shall be avoided to the extent possible. Fills for the construction of a road crossing through a Category I wetland shall not be allowed by this conditional exemption. Crossings shall follow the following criteria:

1. An alternative location outside the wetland is not reasonably feasible;

2. The fill on which the road or trail is placed is limited to the minimum dimensions necessary for the actual crossing;

3. The fill placed in wetlands shall not cover more than 5,000 square feet of wetland area;

4. Crossings shall utilize design which minimizes the adverse impacts to the wetland and hydrology of the existing system;

5. Wetland disturbance shall be limited to no greater than five feet beyond the designated toe-of-fill;

6. All construction work in the wetland shall be done during the summer dry season (July 15th to October 15th). A time extension may be granted in writing by the Department; and

7. Crossings shall serve multiple purposes and properties, whenever possible.

D. Erosion Control. Bank stabilization activities necessary for erosion prevention shall be allowed in buffers and Category II, III, and IV wetlands as part of a single and complete project. Bank stabilization projects shall meet all other applicable local, state and federal laws and the following criteria:

1. The minimum amount of material needed for erosion prevention is used;

2. The bank stabilization activity is no more than 500 feet in length, 15 feet high, and will not exceed an average of one-half cubic yard of fill per running foot of bank;

3. No material is placed in any location or manner that may impair surface water movement into or out of any wetland area or other water body;

4. No material is placed in any location or manner that may be eroded by normal or anticipated high flows; and

5. The disturbed area shall be revegetated within 60 days after completion of the project with native species indigenous to the site. Hydro-seeding with approved mix may be used for temporary erosion control.

E. The construction of utility lines and poles in Category II, III or IV wetlands and buffers provided there are no feasible alternatives and impacts are mitigated. [Ord. 362 § 3, 2004.]