Section 3-830 Criteria For Soil Disturbance in the 25 Foot Wetland Setback
The Planning Director or, for annexations and PUDs, the Planning and Zoning Commission, may administratively approve disturbance of the wetland setback if the disturbance meets the following criteria:
3-830.1. There is no practical alternative to avoiding the wetland setback.
3-830.2. The proposed activity in the wetland setback is to either: 1) meet a policy of the Telluride Master Plan, or 2) allow reasonable use of the property.
3-830.3. The impact on the wetland setback will be mitigated in accordance with the requirements of the Wetland Regulations.
3-830.4. The mitigation area will be preserved by a legal restriction that runs with the land, which shall include the purpose and intent of protecting the wetland setback, a requirement for perpetual maintenance of the mitigation substantially in a natural state in general accordance with the approved mitigation plan, and the prohibition on development of the mitigation area as specified in Section 3-820.B.