§ 12.02.00. Mitigation.

Mitigation procedures must be followed in any case where development degrades estuaries, wetlands, bayous, harbors or other natural resources at a ratio of at least 2:1. Degradation means any modifications, alterations, or effects on waters, associated wetlands, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. Degradation also includes secondary or cumulative impacts.

A.

General.

1.

Compensatory mitigation, by which environmentally sensitive lands are purchased, created, enhanced and/or restored to compensate for the loss of such lands, may be required.

2.

The purchased, created, enhanced or restored environmentally sensitive land must be of the same type as that destroyed or degraded.

3.

Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved.

4.

A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06, on the newly purchased, created, enhancement or restored environmentally sensitive lands to protect them from future development.

5.

All wetland disturbing activity and any and all mitigation therefor, shall be approved by the regulatory agencies having jurisdiction prior to the town granting final approval for a development or activity.

B.

Wetlands. The following ratios of replacement of destroyed or damaged wetlands shall be presumed to provide reasonable assurances for type-for-type mitigation:

1.

Spruce Pine ..... 2.5:1

2.

Long Leaf Pine ..... 2.5:1

3.

Turkey Oak ..... 2.0:1

4.

Laurel Oak ..... 2.0:1

5.

Water Oak ..... 1.5:1

6.

Pecan ..... 1.5:1

7.

Cedar ..... 1.5:1

8.

Red bud ..... 1.5.1

9.

Dogwood ..... 1.5.1

10.

Crepe Myrtle ..... 1.5.1

C.

Disaster amelioration. To minimize the effects of natural disasters in the coastal area the town shall:

1.

Comply with building code requirements of F.S. Chapter 161 and the codes adopted by the Town or Okaloosa County.

2.

Participate in the national Flood Insurance Program in conformance with the Federal Disaster Relief Act of 1974 and enforce the measures in the Flood Damage Prevention Ordinance adopted in conformance with 44 CFR, parts 59 and 60.

3.

Determine the feasibility of eliminating, relocating or structurally modifying public infrastructure which has suffered natural disaster damage and to implement appropriate cost-effective measures to mitigate future damage.

4.

Maintain the same capacity of any public infrastructure that is relocated modified or replaced unless the capacity is expanded as part of an approve post disaster hazard mitigation plan in accordance with PL 93-288.

(LDC Ord. of 1-9-2014)