§ 54-336. Permits required for activities conducted within preserve boundaries.  


Latest version.
  • (a)

    Permit required. A preserve lands permit, issued by the County, is required before a person may engage in certain activities, listed below. Issuance of a preserve lands permit does not however relieve the applicant of other permits needed. It is the applicant's responsibility to determine if additional permits are required, to contact the appropriate agencies and to obtain those permits. The County will not issue a preserve lands permit until all other required permits have been obtained.

    (b)

    Activities requiring a permit. Management Plans govern which activities are allowable in each preserve. Activities for which permit applications must be submitted include, but are not limited to, any of the following:

    (1)

    Scientific research including, but not limited to, biological assays, species identification, or collection, species observation, archaeological survey, hydrological, geological or chemical studies. This does not include such activities as visual observation of wildlife or vegetation within public areas.

    (2)

    Geo-caching or other types of similar activities utilizing Geographic Information Systems (GIS).

    (3)

    Group nature activities either prior to or after the posted hours of operation, or that require access to restricted areas not open to the public.

    (4)

    Camping.

    (5)

    Hunting associated with a County approved Hunt Program.

    (6)

    Facility Rentals for Special Events - Any activity not specifically defined within this Ordinance for which permission is required by the County Manager, or his or her designee, such as weddings and family reunions.

    (7)

    All commercial photography, television broadcasting, and all private photography involving special settings or structures or the performance of any person.

    (8)

    All group activities involving 30 or more people.

    (c)

    Standards for issuance or denial of permit. No permit shall be issued unless the County finds that the proposed activity will not have an adverse impact on the resources within the preserve. The County will evaluate the applications using the standards contained in this section. Factors to be considered in determining whether an activity will adversely impact the resources of preserve lands include:

    (1)

    Whether the activity is consistent with the intent of this Ordinance and the preserve's Management Plan principles and objectives.

    (2)

    Whether the activity will have an adverse impact on the resources of preserve lands by;

    a.

    Causing or contributing to excessive odors or noise;

    b.

    Encouraging erosion;

    c.

    Causing damage to plant life;

    d.

    Negatively impacting wildlife;

    e.

    Altering the natural hydrological characteristics of the subject area;

    f.

    Inhibiting the natural storage and detention functions of the watershed;

    g.

    Reducing wetland buffers or wetland filtration functions;

    h.

    Decreasing recreational opportunities;

    i.

    Blocking, obstructing, lessening, or otherwise interfering with the scenic or natural views;

    j.

    Impacting threatened or endangered species of flora and fauna;

    k.

    Otherwise adversely effecting or interfering with the management of the natural and cultural resources.

    (d)

    Conditions. The permit shall contain such conditions that are reasonably consistent with the protection and maintenance of preserve lands.

    (e)

    Denial. If an application for a permit is denied, the applicant shall be so informed in writing, with the reason(s) for the denial set forth.

    (f)

    Processing. Permit applications shall be processed and notification of the granting or denial of permits will be provided to the applicant within 30 days of submission of the application. Failure to grant or deny an application for a permit in a timely manner shall not be grounds for the automatic issuance of a permit. The County will cooperate with the applicant to ensure his or her entitlement to prompt review of the County's failure to grant or deny the application in a timely manner.

    (g)

    Appeal process. An applicant may appeal the denial of a permit application by filing a notice of appeal and resubmitting all application materials to the County Manager, or his or her designee. Any such appeal must occur within 30 days of the date of denial or revocation by the County. The County Manager, or his or her designee, shall review the application and grant or deny the application within 14 days of receipt of the appeal. No County action on a permit application under this section is final until the County Manager, or his or her designee, has granted or denied the appeal.

    (h)

    Incomplete applications. If the County determines that the application is incomplete or that the applicant has not properly completed the application, the County shall notify the applicant of such fact and the time period for granting or denying the application under subsection (f) shall be stayed during the period in which the applicant properly completes the application.

    (i)

    Transferability. Permits are not transferable and may only be utilized by those persons to whom the permit was issued.

    (j)

    Revocation. Any permit issued pursuant to this section may be revoked for failure to comply with any condition imposed on the permit or for inconsistency with the criteria set forth in subsection (c).

    (k)

    No entitlement to permit. Because of the proprietary nature of the preserve lands, this section does not create any right or entitlement to the permit.

(Ord. No. 2011-38, § 6)