§ 86-65. Permitted uses.

The following uses shall be allowed as of right within the wetlands protection district to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided in this article. (The activities listed in this section are exempted from Section 404 regulations provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual Section 404 permit. However, under Section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances.)

(1)

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of the state or of the United States in such a way that would require an individual Section 404 permit.

(2)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

(3)

Forestry practices applied in accordance with best management practices approved by the state forestry commission and as specified in Section 404 of the Clean Water Act.

(4)

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the state department of agriculture.

(5)

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural best management practices are followed.

(6)

Education, scientific research, and nature trails.

(Ord. of 2-8-2001(2), § V)