(a) By-Right Uses Without a Permit. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including the following:
(1) Recreational Activity. Passive recreational use activity, as otherwise legally permitted by federal, state, and local laws, such as hiking, swimming, fishing, hunting, picnicking, and similar uses.
(2) Removal of damaged or diseased trees and control of noxious weeds if the control does not involve drainage or fill.
(3) Revegetation and/or Reforestation. Riparian and wetland setbacks may be revegetated, enhanced or restored. Any revegetation must be performed with non-invasive plant species. Refer to the Ohio Invasive Plant Species list created by the Ohio Department of Natural Resources to determine invasive plant species undesirable for revegetation, reforestation, or restoration of riparian areas.
(4) Conservation of soil, vegetation, water, fish, and wildlife consistent with the purposes of this chapter that does not involve hydrologic modification or fill.
(5) Maintenance of Lawns, Gardens and Landscaping. Lawns, gardens and landscaping that existed at the time this chapter was enacted may be maintained as long as they are not increased in size to further encroach onto the riparian area, wetland or watercourse. In that case, trees, shrubbery and other non-lawn wood vegetation in the riparian or wetland setback must be maintained to the extent practicable to reduce the impact to the riparian area, wetland or watercourse.
(b) By-Right Uses With A Permit.
(1) Streambank Stabilization and Erosion Control Measures. Any activity not prohibited by the regulations that also involves streambank stabilization and erosion control measures may be performed in regulated areas as long as it is conducted under the standards and specifications in the current edition of Ohio's Rainwater and Land Development manual or other standards acceptable to Ohio EPA.
(2) Crossings. Crossings of designated watercourses and through riparian setbacks or wetland setbacks by publicly and privately owned roads, drives, sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of a Crossing Plan by the Manager of Engineering and Construction. Such crossings shall minimize disturbance in riparian setbacks, wetland setbacks, and watercourse substrate and shall mitigate any necessary disturbances. Soil erosive materials will not be used in making stream crossings.
(3) Construction of Fencing. Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the Director of Building and Housing.
(Ord. No. 1555-13. Passed 10-17-16, eff. 10-19-16)