Baldwin County Wetland Conservation Plan - Alabama Department ...

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Baldwin County Wetland Conservation Plan Final Summary Document adjacent water body have been recently considered non-jurisdictional by federal courts and thus do not fall within the Wetland Protection Overlay District. In addition, the Planning Commission considered increasing the wetland buffer distance (currently 5 feet) in the zoning regulations. The Planning Commission reassembled for another meeting on October 14, 2002 in order to update the subdivision regulations. BCWCP staff suggested altering the definition of a wetland in the subdivision regulations from: to: “Where a parcel of land proposed to be subdivided contains an area of wetlands delineated as jurisdictional by the USACE...” “Where a parcel of land proposed to be subdivided contains an area of wetlands defined as a wetland according the to the 1987 Corps of Engineers Wetland Delineation Manual....” By the new definition, wetlands which contain the three characteristics of a wetland (soils, hydrology and wetland plants) as per the US Army Corps of Engineers definition (1987) would be protected under the Baldwin County Subdivision regulations. The current definition of wetlands refers to the jurisdictional status by the USACE. Unfortunately, there are wetlands in Baldwin County that meet the 1987 Wetland Delineation manual criteria but are not considered jurisdictional by the USACE. This is due to a January 2001 Supreme Court ruling which determined that isolated wetlands (i.e., wetlands that are not adjacent to or connected via surface water to a navigable water) were no longer protected under Section 404 of the Clean Water Act. Baldwin County contains numerous Grady Ponds, which can be considered isolated or non-jurisdictional wetlands. Nonetheless, these ponds can perform many important functions such as wildlife habitat, floodwater storage, groundwater recharge and nutrient/toxicant/sediment removal. USACE staff have indicated that there have been losses of these wetlands in Baldwin County since the 2001 Supreme Court ruling. Due to the important functions performed by Grady Ponds in the landscape, BCWCP staff proposed altering the subdivision regulations to include isolated wetlands in the Wetland Protection Overlay District. The Planning Commission supported the idea and the final revision to the subdivision regulations should occur in the future. 3.1.1 Recommendations and Future Direction 3.1.1.1 Interagency relationship between BCC and USACE A future course of action has become evident throughout this process in order to expand and enhance existing county-supported wetland protection efforts. First, we suggest the BCC coordinate efforts with the USACE to minimize fill permitting for lots in a subdivision. We are aware of the large jurisdiction of the Mobile District, and it would be logistically very difficult to recognize individual local restrictions. Therefore, it is suggested the USACE issue only one permit per subdivision so that piecemeal wetland losses do not occur. Additionally, a Memorandum of Understanding (MOU) between the BCC and the USACE regarding permitting of fill of isolated wetlands is suggested. This MOU would result in an acknowledgement by the USACE in the permit that an isolated wetland meets the criteria of the 13
Baldwin County Wetland Conservation Plan Final Summary Document USACE 1987 definition but is not considered jurisdictional. Because the definition of wetland in the Baldwin County Subdivision Regulations will refer to the USACE 1987 definition, this acknowledgement would result in the protection and regulation of isolated wetlands. 3.1.1.2 Suggested Changes to Zoning and Subdivision Regulations A recent study by Wenger (1999) reviewed the benefits of buffers for various riparian systems. This study concluded that while minimum buffer width depends upon the value to be maximized, the absolute minimum buffer width is 30 feet. Wenger (1999) summarizes the literature by offering three options for wetland protection, all of which include buffers wider than 30 feet. Using this scientific basis, it is recommended that the upland buffer around wetlands be increased in both the zoning and subdivision regulations from its current 5 feet. Additionally, it is recommended that Conservation District be created as a new zoning designation in the Baldwin County Zoning Regulations. This zoning designation would restrict construction and would reflect areas set aside for mitigation and/or protection of wetland resources. 14
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