A. Applicability: Only those permitted uses or activities, as noted in subsection C of this section, are allowed within specified stream setbacks.
B. Nondisturbance In Stream Setbacks: Except as provided below, no disturbance of land shall be allowed in the stream setbacks set forth in subsection D of this section, including, but not limited to, dredging, filling, new construction, substantial improvements or modifications, installation of septic systems, scraping by motorized equipment, and removal of vegetation or root systems.
C. Permitted Uses: The purpose of this subsection is to indicate the type of activities that can enhance the flood protection function and allow landowners uses that do not significantly increase flood hazard and provides for long term bank stabilization.
1. The planting of native riparian vegetation with hand equipment.
2. Agricultural purposes on lands used primarily for agriculture, provided a ten foot (10') wide setback of a mix of native riparian grasses, forbs, shrubs, and trees is preserved or maintained on the stream bank, to match adjacent native streambank ecology. Agricultural land within a designated critical habitat area is subject to subsection D5 of this section and shall maintain a fifty foot (50') setback.
3. Maintenance of yardscape existing prior to July 22, 1991. Due to significant risks of erosion, pollution, and property damage, owners of these non- conforming uses are strongly encouraged to preserve and maintain a minimum ten foot (10') wide buffer of a mix of native riparian grasses, forbs, shrubs, and trees on the streambank, to match adjacent native streambank ecology. Owners should avoid removal of vegetation and mowing within the buffer.
4. Activities operating in accordance with a County approved permit, including riparian and stream restoration activities.
5. Emergency bank stabilization activities as provided in this chapter.
6. Electric, natural gas, cable communications and telephone utility related activities within an existing right-of-way or easement where necessary.
7. The control and maintenance of noxious weeds, provided chemical control methods are in accordance with USEPA label restrictions and only hand sprayers are used.
8. The following management activities:
a. Removal of fallen dead branches or fallen dead trees, although this practice is discouraged due to the beneficial wildlife, fisheries and environmental value of fallen dead branches and trees;
b. Removal of hazardous leaning trees or dead branches (this does not include trees that are in declining health but do not pose an immediate hazard); and
c. The clearing of one private access trail to the stream of up to eight feet (8') in width, or clearing for a public trail.
9. Platted subdivision lots which contain designated building envelopes or development proposals previously approved by the County may be developed pursuant to the conditions on that subdivision plat; provided, that the development does not intrude into the riparian setback farther than the boundary of the envelope or a previously approved structure(s).
D. Dimensional Standards: Any buildable lot within this district shall be subject to the following minimum setbacks, subject to subsection D6 of this section, as measured from the ordinary high water mark:
1. Class 1 stream: Seventy five foot (75') setback.
2. Class 2 stream: Fifty foot (50') setback.
3. Class 3 stream: Twenty five foot (25') setback.
4. Class 4 stream: Twenty five foot (25') setback.
5. More restrictive setbacks shall be imposed on all streams and rivers that are designated critical habitat to any listed aquatic species or any aquatic species proposed for listing under the federal Endangered Species Act as follows: Perennial - one hundred foot (100') setback, Intermittent - Fifty foot (50') setback. Such streams include: Salmon River and all its tributaries.
6. More restrictive setbacks may be imposed through the conditional use process if site conditions or protection of natural resources so warrant. More restrictive setbacks are also imposed in Title 10, Subdivision Regulations