§ 813. County-imposed stream buffers.

(a)

County-imposed buffers. In addition to the 25-foot state imposed buffer required for all state waters as specified in section 812 of this UDC, there is hereby established an additional 50-foot wide buffer from the outer edge of the 25-foot state-imposed stream buffer (for a total buffer width of 75 feet). Other (wider) buffer requirements may apply to a given piece of property; see article 5, "environmental overlay districts," of this UDC to determine if wider stream or river buffers are required.

(b)

Land disturbance. No land-disturbing activities, including clearing, earth moving, construction and ground disturbance, shall be authorized within this county-imposed buffer (i.e., outside the state-imposed buffer but between 25 and 75 feet from the stream), except for the following:

1.

Where the board of adjustment determines to allow, upon application, a variance as authorized per article 14 of this UDC;

2.

Where a storm sewer, drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented;

3.

Stream crossings for water and sewer lines, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented;

4.

Road crossings, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 100 feet within the buffer; and adequate erosion control measures are incorporated into the project plans;

5.

Bike paths and pedestrian paths constructed of permeable material; and

6.

Thinning or trimming of vegetation with hand-held equipment and with no land disturbance, as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

(Ord. No. 17-003 , § 1, 10-2-2017)