Tampa City Code § 27-286 Wetlands protection and buffer.
Sec. 27-286. - Wetlands protection and buffer.
(a) Generally. All development landward of a wetland shall be designed so as to minimize any adverse effect on the wetland and its hydroperiod and shall be conducted in a manner that will ensure that soil erosion or other discharge of contaminants will not occur to the detriment of the wetland.
(b) Buffer. Impacts to wetlands associated with adjacent upland activities such as development shall not be considered adverse if appropriate erosion control and if buffers with a minimum width of fifteen (15) feet and an average width of twenty-five (25) feet is provided. Buffers shall remain in an undisturbed condition. No development is allowed within the buffer except as may be specifically allowed by the provisions of this section.
(c) Partially exempt development. The following development is allowed and is exempt from the requirement of submitting an application for development as provided in subsection (d) herein:
(1) Drainage features such as spreader swales and discharge structures, provided the construction or use of these features does not adversely impact wetlands and have been approved by the appropriate regulatory agency.
(2) Development which has obtained a environmental resource permit (ERP) approved by the Southwest Florida Water Management District and/or the State Department of Environmental Protection.
(d) Applications for development and determination of buffer. Any person proposing to conduct any of the following development within the landward twenty-five (25) feet of a wetland must first obtain approval by submitting an application for development within wetland buffer and determination of buffer to the PDD Department for review:
(1) All development abutting seawalls constructed before the date of the passing of this chapter occurring within the corporate city limits including the urban core along the Hillsborough River (from North Boulevard continuing to the Garrison Channel) with the exception of land annexed after 1984 and the remainder of the Hillsborough River corridor;
(2) All above ground structures within the landward twenty-five (25) feet of the jurisdictional line for all properties abutting open waters including Hillsborough Bay, Old Tampa Bay, McKay Bay, and the Hillsborough River, after the design and placement have been approved by the appropriate regulatory agency;
(3) Construction of boardwalks;
(4) Ancillary stilted structures within the landward twenty-five (25) feet;
(5) Utility lines requiring excavations of no more than an eighteen-inch width within the landward twenty-five (25) feet of the jurisdictional line or within an existing right-of-way that is adjacent to the wetland;
(6) Underground installation of sprinkler systems;
(7) Replacement of existing vegetation with native vegetation; and
(8) Chain link or wooden privacy fences.
(e) Protection of buffer area during development. Adequate erosion control devices shall be in place and maintained at a line established by the PDD Department as necessary to achieve the objectives and standards contained in subsections (a) and (b). In no event shall such line be less than fifteen (15) feet landward of the wetland boundary or less than the approved buffer line as determined by the appropriate regulatory agency. Natural vegetation within the wetland buffer shall remain intact and undisturbed. In cases of approved development within the wetland buffer, the natural vegetation shall remain intact until installation of the approved development begins.
(f) Finish grading. Notice shall be provided to the PDD Department within twenty-four (24) hours of commencing any approved finish grading within the buffer area. Adequate erosion control measures will be implemented to protect the wetland during the finish grading process and until the area has revegetated. Graded areas shall be stabilized by sodding or the planting of landscape vegetation within three (3) days of the grading activity or, where seeding is intended, artificial stabilization shall be immediately implemented in conjunction with silt barriers.
(g) Performance security. Any person may be required as a condition to any granted variance to the wetland buffer to submit security in an amount acceptable to the director and in the form of a performance bond, irrevocable letter of credit or escrow agreement to the director when necessary to guarantee and which guarantees for up to two (2) years after completion that the development or other activity will not cause erosion or sedimentation into or other detriment to the wetland and that the provisions of this subdivision and any rules and regulations promulgated hereunder will be followed. In drawing against the performance bond or letter of credit, the director shall consult with the county environmental protection commission, the Southwest Florida Water Management District, the state department of environmental protection or other appropriate regulatory agency.
(h) Environmental consultants. In reviewing an application to determine a buffer or to develop within a wetland buffer, the PDD Department may hire up to two (2) environmental consultants to assist with determining whether the proposed development or other activity will significantly affect the biological integrity or hydrology of the wetland. The reasonable fees and costs of such consultant(s) shall be paid by the applicant.
(i) Any person may appeal a decision of any administrator, director, official or staff member on his application pursuant to the provisions of section 13-91, Appeal method.
(j) Variance within fifteen feet of wetland jurisdictional line. A variance to the provisions of this section which affects the fifteen (15) feet of the buffer abutting a wetland jurisdictional line shall be allowed only under circumstances where reasonable use is denied and approval for the development has been obtained by the appropriate regulatory agency.
(k) In addition to the requirements set forth in subsections (a) and (b) and submission of security in a form and amount acceptable to the P&D Department, where applicable, any development for which a development order has been granted subject to conditions which more strictly limit allowable activities within the wetland buffer or the thirty-foot setback than those allowable under subsection (d) herein shall remain limited by the conditions of the development order approval.