§ 12.01.06. Development activities within protected environmentally sensitive zones.

The following provisions apply but are not limited to the environmentally sensitive zones:

A.

Generally: Except as expressly provided herein, no development activity shall be undertaken in a protected environmentally sensitive zone which includes wetlands protection zone and the shoreline protection zone.

B.

Activities presumed to have an insignificant adverse affect on protected environmentally sensitive zones:

1.

Certain activities are presumed to have an insignificant adverse affect on the beneficial functions of protected environmentally sensitive zones. These activities may be undertaken unless it is shown by competent and substantial evidence that the specific activity would have a significant adverse effect on the protected environmentally sensitive area.

2.

The following uses and activities are presumed to have an insignificant adverse effect on wetlands protection zones:

a.

Scenic, historic, wildlife or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Cleared walking trails having no structural components.

d.

Timber catwalks and docks five feet or less in width.

e.

Commercial or recreational fishing.

f.

Cultivating agricultural or horticultural products that occur naturally on the site.

g.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

h.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute or this Code. The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintain surface water or hydroperiodicity necessary to sustain wetland structure and function. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the town shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this Code.

(LDC Ord. of 1-9-2014)