Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings as herein
defined. Any word or term not noted below shall be used with a meaning
as defined in Webster’s Third International Dictionary of the
English Language, unabridged (or latest edition).
[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No.
23-2007; 10-9-2012 by L.L. No. 12-2012]
ACCESSORY STRUCTURE
A building or structure detached from a principal building
located on the same lot as and customarily incidental and subordinate
to the principal building.
ACCESS PATH
An area, cleared by hand or hand-held equipment, no more
than four feet wide, left in its natural state and devoid of any man-made
structure, to provide a walkway to a body of water.
ADMINISTRATIVE PERMIT
A permit intended to provide an expedited review for projects
that are deemed consistent with the Trustee's policy regarding protection
of wetland resources.
AESTHETICS
The natural intrinsic appearance of a site or object in the
context of surrounding land use, views, viewsheds and vistas important
to the community.
AGRICULTURE
The production, keeping or maintenance, for sale, lease or
personal use, of all plants and animals useful to man, including but
not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats
or any mutation of hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
fruits of all kinds, including grapes, nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a
soil conservation or forestry management program.
APPLICANT
The party applying for permits or other approval pursuant to Chapter
275.
APPLICATION
The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant pursuant to Chapter
275.
AQUACULTURE
The raising or cultivation of living aquatic organisms.
AS-BUILT PLANS
Plans prepared to scale by a licensed surveyor detailing
any and all operations conducted according to a valid permit.
BANK
Land incline adjoining a body of water, wetland and/or beach.
[Added 5-9-2017 by L.L.
No. 8-2017]
BAY
A body of water within the boundaries of the Town of Southold,
excluding the Long Island Sound, lakes, and those bodies of water
defined under "creeks."
BEACH
The zone of unconsolidated earth that extends landward from
the mean low-water line to the seaward toe of a dune or bluff, whichever
is most seaward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or
from the line of permanent vegetation, whichever is most seaward.
Shorelands subject to seasonal or frequent overwash or inundation
are considered to be beaches.
BLUFF
Land presenting with a precipitous or steeply sloped face
adjoining a beach or a body of water. For the purposes of this chapter,
a precipitous or steeply sloped face shall be a face with a slope
of 20% or greater and a height of greater than 20 feet between the
toe of the bluff and the top of the bluff.
[Amended 5-9-2017 by L.L.
No. 8-2017]
BLUFF LINE
The landward limit of a bluff that is 25 feet landward of
the receding edge or, in those cases where there is no discernible
line of active erosion, 25 feet landward of the point of inflection
on the top of the bluff. The point of inflection is that point along
the top of the bluff where the trend of the land slope changes to
begin its descent to the shoreline.
BLUFF, TOE OF
The waterward limit of a bluff where the trend of the land
slope changes to begin its ascent towards the top of the bluff. Where
a hardened structure is in place, the toe of the bluff shall be the
bottom of the seaward side of the structure.
[Added 5-9-2017 by L.L.
No. 8-2017]
BLUFF, TOP OF
The receding edge of the bluff or, in those cases where there
is no discernible line of active erosion, the point of inflection.
The point of inflection is that point where the trend of the land
slope changes to begin its descent to the shoreline.
[Added 5-9-2017 by L.L.
No. 8-2017]
BOARD
Unless otherwise indicated, the Board of Trustees of the
Town of Southold.
BOAT/VESSEL
Any floating object capable of carrying people as a means
of transportation in water, including an airplane capable of landing
on water, as well as any floating structure not otherwise considered
to be part of a dock structure as defined herein, with or without
means of propulsion, that can be moored independently or can be secured
by any means to a piling, dock, bulkhead, groin, or other fixed device
located above or below mean high water. This definition excludes floating
docks and swim platforms.
BUFFER AREA
A defined area landward of a wetland boundary, coastal erosion
hazard line or bluff line measured as a linear distance, perpendicular
to said boundary.
BULKHEAD
A structure or barrier, the intended use for which is to
separate and act as a barrier between earthen material and water.
This definition excludes gabions and revetments.
CATWALK
An elevated walkway, usually built to gain access to a commercial
or residential dock, built at a fixed height above grade and which
is constructed landward of the high-water mark.
CLEARING
Cutting down, felling, thinning, logging or removing, killing,
destroying, poisoning, ringbarking, uprooting or burning vegetation,
severing, topping or lopping branches, limbs, stems or trunks or substantially
damaging or injuring in other ways that would cause or contribute
to the death or affect the survivability and growth of vegetation.
This definition also includes removal of dead and dying vegetation.
CLERK
Unless otherwise indicated, the Clerk of the Board of Trustees.
COASTAL CONSTRUCTION
The repair, modification, reconstruction or new construction of structures, including but not limited to bulkheads, docks, floats, jetties, groins, catwalks, stairways, decks, revetments, any erosion or water control device. Included in this definition is landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems, or other work in and around wetland areas which requires a permit pursuant to this chapter entitled "Wetlands and Shoreline" or Chapter
111, Coastal Erosion Hazard Areas, of the Town Code.
[Added 11-8-2017 by L.L.
No. 16-2017]
COASTAL CONTRACTOR
A person who carries out, engages in, undertakes or holds
himself out to others as performing or available to perform coastal
construction.
[Added 11-8-2017 by L.L.
No. 16-2017]
COASTAL EROSION HAZARD LINE
The landward boundary of the Coastal Erosion Hazard Area
defined by Article 34 of the New York State Environmental Conservation
Law.
COMMERCIAL DOCK
Any catwalk, fixed or floating dock or extension of such,
designed, used and/or intended for use other than as a residential
dock, as defined in this chapter.
CONSTRUCTION AND DEMOLITION (C & D) DEBRIS
Includes, but is not limited to, waste cement, concrete,
masonry work, brick, tile, sheetrock, plaster, wood shingles and the
like and rubble resulting from remodeling, demolition, repair and
building of structures.
CREEKS
Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach
Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East
Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Hallock's
Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek,
Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck
Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond
Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek,
Wunnewata Lagoon and Wunnewata Pond.
CRITICAL ENVIRONMENTAL AREAS
All sites which are critical environmental areas worthy of
protection, including, but not limited to, Cutchogue Harbor Wetlands,
Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond
Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep
Hole Creek, Goldsmith's Inlet, Halls Creek, Goose Creek, Little Creek,
Mill Creek and Pipes Cove Creek.
DECK
A structure and/or platform without a roof that is either
freestanding or attached to a building supported by pillars and/or
posts constructed of various materials.
DECKING
Horizontal structural components of a dock, deck, pier or
other shoreline structure intended to be walked upon.
DOCK
Any permanent or seasonal structure, except a building, located
or proposed to be located on lands abutting or comprised of freshwater
or tidal wetlands or connected to a bulkhead or the upland and extending
over the water's surface, designed to secure vessels and provide access
from the shore to a body of water. For the purpose of this chapter,
this term shall also include the associated structures necessary to
cross wetlands and adjacent natural areas. The term "dock" includes
the terms "wharves," "piers," "fixed docks," "docks," or "floats."
DOCK LENGTH
The length of a dock, including all fixed docks, ramps, floating
docks and mooring piles, as measured from the most landward portion
of the structure to the seaward-most portion of the dock or the seaward-most
mooring pile, whichever distance is greater.
DUNE
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
EROSION CONTROL
Actions taken or structures installed to prevent the wearing
away of the land or loss of soil by the action of water, ice or wind.
Erosion control typically relates to stabilization of unvegetated
soils resulting from excavation, grading, stockpiling, construction
or other activities.
FIXED DOCK
An elevated walkway which is constructed at a fixed height
above grade and which extends seaward from the high-water mark or
a point landward.
FLOATING DOCK
Any structure, raft or floating platform, the intended use
of which is to secure a boat or vessel, which is designed to float
upon the surface of a water body and is secured in place by poles,
pilings, anchors, or any other type of mooring system that provides
access to the water. A floating dock includes the float itself and
any pilings or mooring system designed to keep the dock at a fixed
point.
FUNCTIONAL
Any structure that has retained its intended purpose and
use, as determined by the Board of Trustees.
FUNCTIONAL BULKHEAD
A bulkhead that is at least 75% physically intact and serving
the purposes for which it was designed.
FUNCTIONAL JETTY/GROIN
A jetty or groin that is at least 75% physically intact and
serving the purposes for which it was designed.
GABION
A shoreline structure consisting of stone and/or rock enclosed
in a mesh cage or similar, designed to stabilize soil or sediments.
GROIN
A man-made barrier, typically perpendicular to the shoreline,
used to change the natural littoral drift, prevent erosion, or protect
an area from wave energy.
HABITAT
The place where a plant or animal species naturally lives
and grows; or characteristics of the soil, water, and biologic community
(other plants and animals) that make this possible.
HABITAT FRAGMENTATION
Destruction or impairment of habitat such that it results
in breaks in areas of contiguous habitat. Habitat fragmentation can
also cause a greater distance between adjacent (noncontiguous) habitats.
These actions prevent the transfer of organisms, natural materials
and energy within a habitat. Habitat fragmentation can result from
the placement of physical barriers within a contiguous habitat or
between adjacent habitats, but can also occur as a result of removal
of vegetative cover, changes in sediment characteristics and/or changes
in hydrology.
HARVESTING
The gathering or collecting of natural resources and organisms.
HOMEOWNERS' OR HOMES ASSOCIATION
A community association, including a condominium association,
which is organized in a residential development in which individual
owners have a shared interest in the responsibility for open space
or facilities.
IMMEDIATE PROJECT AREA
The minimum area required to allow access to the site by
the machinery conducting the operation.
IMPERVIOUS SURFACE
Any hard-surfaced, man-made area that does not retain or
absorb water, including but not limited to building roofs, paved parking
lots and driveways, sidewalks and other paved areas.
JETTY
A man-made barrier used to maintain beach elevation, prevent
erosion, and maintain inlet entrances.
LANDWARD
In the opposite direction from the water or wetland.
LOW-PROFILE JETTY
The definition of "low-profile jetty" is site specific, but
it typically is a structure no higher than 18 inches above existing
soil or sediment grade on the down-drift side and shall not extend
seaward of apparent low water.
LOW-SILL BULKHEAD
A subtidal structure designed to stabilize the toe of a slope
or shore and often associated with boat basins or other navigable
waterways.
MAINTENANCE DREDGING
A dredging project will be considered maintenance dredging
if there is documentary evidence that it has been previously dredged.
MAN-MADE POND
A constructed inland body of water, including, but not limited
to, lined and unlined irrigation ponds and ornamental ponds.
MARINA
Any dock, pier or other facility operated for profit, or
to which public patronage is invited, providing moorings, dockage
or other marine services primarily for power and sailing yachts, launches
or other watercraft, other than floating homes, and which may also
be capable of removing any and all watercraft moored or docked within
the marina from the water for repair and/or storage.
MATERIAL
Soil, sand, stone, gravel, clay, bog, peat, mud, wood or
any other material, including liquids, organic or inorganic.
MEAN HIGH WATER (MHW)
The average of all the high-water heights observed over the
most previous eighteen-and-one-half-year period.
MEAN LOW WATER (MLW)
The average of all the low-water heights observed over the
most previous eighteen-and-one-half-year period.
MONOPOLIZE
The use for an unreasonable period of time to the exclusion
of others or to unreasonably restrict or obstruct the use of any public
bulkhead, dock or landing owned or controlled by the Town of Southold.
MOORING
Anchoring for greater than 48 hours other than in designated
anchorage areas as established by a governmental agency.
NONDISTURBANCE BUFFER
A vegetated area, as designated by the Board of Trustees,
immediately landward of the wetland boundary, shoreline structure,
or other line designated by the Trustees where no operations, maintenance,
placement of signs or other activities may take place, except that
man-made debris may be removed from such area by hand without the
permission of the Board of Trustees.
NONTURF BUFFER
A designated area where turf grass, pesticides and fertilizers
are not permitted. Any pervious material allowing for percolation
of surface runoff into the soil is allowed. Examples include native
vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed
if they are level or pitched away from the water, are pervious to
precipitation and are constructed of materials other than treated
lumber. Any and all runoff generated by such structures must be allowed
to percolate into the ground directly below the structure.
OPERATIONS
(1)
The machine excavation and/or removal of material from wetlands;
any activity in freshwater or tidal wetlands or in any area within
Trustee jurisdiction.
(2)
The placement, repair or removal of structures, including, but
not limited to, boats, floating docks, floats, dock components, and
duck blinds;
(3)
The deposit or discharge of material on any area that results
in the transport of said materials into wetlands or in any area within
Trustee jurisdiction; or
(4)
The erection, construction, alteration, repair or enlargement
of any building, dock, pier, wharf, bulkhead, jetty, groin, or any
system or other structure, temporary or permanent, on wetlands, or
in any area within Trustee jurisdiction; or
(5)
Removing or otherwise affecting the growth of plants in wetlands
or in any area within Trustee jurisdiction.
ORDINARY AND USUAL MAINTENANCE
Actions on a wetlands-permitted, functional structure which
do not involve more than 75% of the entire structure and which are
required to preserve such structure in a condition or state of equivalent
quality to that which was approved or required by permit.
PATENT LANDS
All uplands and underwater lands owned in fee title by the
Trustees by virtue of the Andros Patent (October 31, 1676).
PEAK LUNAR TIDES
Those excessively high tides or spring tides caused by lunar
gravitational phenomena.
PERSON
Any individual, any combination of individuals, firm, partnership,
association, society, corporation, joint-stock company, company, organization
or other legal entity of any kind, including municipal corporations
or governmental agencies or subdivisions thereof.
PIER
A fixed structure to secure vessels unloading or loading
persons or property or providing access to the water.
PIER LINE
The seaward projection created by drawing an imaginary line
between the immediately adjacent existing permitted principal structures,
docks, piers, wharves or floats.
[Amended 3-28-2023 by L.L. No. 5-2023]
POND
An inland body of water.
PREEXISTING NONPERMITTED AND/OR NONCONFORMING STRUCTURES
A structure, use or lot that is not otherwise permitted but
which is allowed to continue solely because it was lawfully existing
prior to the effective date of the original law or ordinance or prior
to any subsequent amendment, as the case may be. Any determination
of lawful existence must at least include a review of prior land use
laws and ordinances.
PROACTIVE RESTORATION
Restoration undertaken solely for the benefit of the natural
environment and not associated with compensatory mitigation or other
regulatory requirements. Proactive restoration typically includes
planting of beneficial native vegetation (i.e., vegetative enhancement)
in a natural setting at a time, place and in a position that are conducive
to future survival and growth.
RESIDENTIAL
Associated with a single- or multiple-family home, apartment
or condominium, excluding marinas and public property.
RESIDENTIAL DOCK
Any fixed dock and/or floating dock designed or constructed
as a continuous unit to provide access to the surface waters from
a lot that is zoned for residential use. The term "dock" shall include
all associated structures such as ramps and mooring piles.
REVETMENT
A shoreline hardening structure landward of the wetland boundary
typically constructed of rock or stone. See "gabion."
RIPRAP
A layer, facing or protective mound of rubble or stones randomly
placed to prevent erosion, scour, or sloughing of a structure or embankment;
also the stone used for this purpose.
SEASONAL STRUCTURE
A structure that may not be installed prior to April 1 of
each calendar year and must be removed by December 1 of each calendar
year.
SETBACK
The minimum distance by which any building, structure or
operations must be separated from a wetland boundary, coastal erosion
hazard line or bluff line.
SHEATHING
Vertical structural components of a bulkhead or retaining
wall necessary to keep soil and sediment from passing through the
structure.
SHORELINE STRUCTURE
Any intentionally constructed structure on the shore composed
of man-made or natural materials. See "structure."
SILT BOOM
A structure deployed within the water column that is designed
to prevent the passage or spreading of suspended sediments and contaminants
from the immediate project area to surrounding waters.
SOUND
Includes the following: Long Island Sound, Fishers Island
Sound and Block Island Sound.
SPAWNER SANCTUARY
An area of bottom designated by the Trustees for the purpose
of protecting and enhancing shellfish populations for a specific period
of time.
STRUCTURAL COMPONENTS
Pilings, deadmen, rails, whalers and other significant components
used to hold together and anchor docks, piers, wharves, jetties, groins
and other shoreline structures.
STRUCTURE
Any object constructed, installed or placed in, on or under
land or water, including but not limited to a building; permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment;
artificial beach nourishment; boat rack; trellis; arbor; gazebo; walkway;
statue; sculpture; stairs; or any addition to or alteration of the
same.
SUBTIDAL
Existing at or below mean low water.
SWIM PLATFORM
Any structure, raft or floating platform that is not intended
to be used to secure a boat or vessel, which is designed to float
upon the surface of a water body and is secured in place by poles,
pilings, anchors or any other type of mooring system, that provides
access to the water. A swim platform includes the platform itself
and any pilings or mooring system designed to keep the platform at
a fixed point.
TIDAL WATERS
All waters bordering on or within the boundaries of the Town
of Southold subject to fluctuation in depth from peak lunar, storm
or normal tidal action, and including, but not limited to, all brackish
and salt waters of streams, ponds, creeks, estuaries, sounds, bays
and inlets.
TOWN
The Town of Southold.
TOWN WATERS
All the waters within the boundaries of the Town of Southold
lying over patent lands.
TROPICAL HARDWOOD
Any of a number of species of hardwood harvested from areas
situated in the tropics (the region on either side of the equator).
TRUSTEES
The Board of Trustees of the Town of Southold.
VEGETATED WETLANDS
Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in §
275-2, "wetlands (freshwater)" and "wetlands (tidal)."
WALER
Structural member of a bulkhead used to hold the sheathing
behind the pilings. Normally there are top and bottom walers.
WATER-DEPENDENT USES
An activity which can only be conducted on, in, over or adjacent
to a water body because such activity requires direct access to that
water body, and which involves, as an integral part of such activity,
the use of the water. The uses include, but are not limited to commercial
and recreational fishing and boating facilities, finfish and shellfish
processing, fish storage and retail and wholesale fish marketing facilities,
waterfront dock facilities, shipyards and boat-building facilities,
navigation aides, basins and channels, industrial uses dependent upon
waterborne transportation or requiring large volumes of cooling or
processing water and which cannot reasonably be located or operated
at an inland site, and uses which primarily provide general public
access to marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND
Wetland ecosystems generally possess three essential characteristics:
(1) hydrophytic vegetation, (2) hydric soils, and wetland hydrology.
The wetland indicator status of all plants can be found in the National
List of Plants that Occur in Wetlands (USFWS). The wetland boundary
is most easily determined by defining the outer limit of the vegetation
specified in the definition of "freshwater, brackish or tidal wetlands."
The wetland boundary is to be defined and flagged at the point where
existing wetland indicator species no longer have a competitive advantage
over upland species. Wetland and upland plants will mix together at
this transition zone. For freshwater wetlands that frequently lack
standing water (shrub swamps, deciduous swamps, coniferous swamps
and wet meadows), vegetation alone may not be adequately diagnostic
for identification of a wetland boundary. In these wetland types,
field verification of wetland hydrology and/or hydric soils might
be required to define the boundary. The methodology used to determine
this boundary shall be the same methodology utilized in the New York
State Department of Environmental Conservation (NYSDEC) Technical
Methods Statement relating to the Freshwater Wetlands Act.
WETLANDS (FRESHWATER)
(1)
"Freshwater wetlands" as defined in Article
24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State of New York; or
(2)
All lands and waters in the Town which contain
any or all of the following:
(a)
Lands and submerged lands commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic
vegetation of the following types:
[1]
Wetland trees which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea
mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica),
black ash (Fraxinus nigra), silver maple (Acer saccharinum), American
elm (Ulmus americana) and larch (Larix laricina);
[2]
Wetland shrubs which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), common
winterberry (flex verticillata) leatherleaf (Chamaedaphne calyculata),
and swamp azalea (Rhododendron viscosum);
[3]
Emergent vegetation, including, among others,
cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria
spp.), common reed (Phragmites australis), wild rice (Zizania aquatica),
bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
plantago-aquatica);
[4]
Rooted, floating-leaved vegetation, including,
among others, water-lily (Nymphaea odorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar spp.);
[5]
Free-floating vegetation, including, among others,
duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia spp.);
[6]
Wet-meadow vegetation which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give it
a competitive advantage over other open land vegetation, including,
among others, sedges (Carex spp.), rushes (Juncus spp.), cattails
(Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decodon verticillatus)
and spikerush (Eleocharis spp.);
[7]
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea)
and cranberries (Vaccinium macrocarpon and V. oxycoccos); or
[8]
Submergent vegetation, including, among others,
pondweeds (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chart: spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed
(Polygonum amphibium).
(b)
Lands and submerged lands containing remnants
of any vegetation that is not aquatic or semiaquatic that has died
because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth
of six feet and provided further that such conditions can be expected
to persist indefinitely, barring human intervention.
(c)
Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection
(2)(a) or be dead vegetation as set forth in Subsection
(2)(b), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(d)
The waters overlying the areas set forth in Subsection
(2)(a) and
(b) and the lands underlying Subsection
(2)(c).
WETLANDS (TIDAL)
(1)
All lands generally covered or intermittently
covered with, or which border on, tidal waters, or lands lying beneath
tidal waters, which at mean low tide are covered by tidal waters to
a maximum depth of five feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other low-lying lands
subject to tidal action;
(2)
All banks, bogs, meadows, flats, tidal marsh
and beaches subject to such tides and upon which grows or may grow
some or any of the following: smooth cordgrass (Spartina alterniflora),
salt hay grass (Spartina patens), blackgrass (Juncus gerardii), saltwort
(Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva
frutescens), groundsel (Baccharis halimifolia), or marshmallow (Hibiscus
spp.).
WIDTH OF CREEK
The distance across a creek from mean low water to mean low
water, perpendicular to the main channel directly in front of the
subject parcel.