(a) A designated watercourse shall include one or more of the following criteria:
(1) All watercourses draining an area equal to or greater than one-half square mile; or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Building Commissioner may consult with representatives of the CSWCD or other technical experts.
(b) Riparian setbacks on designated watercourses shall be established as follows:
(1) A minimum of 120 feet on each side of all designated watercourses draining an area equal to or greater than 20 square miles;
(2) A minimum of 75 feet on each side of all designated watercourses draining an area equal to or greater than one-half square mile and up to 20 square miles; and
(3) A minimum of 25 feet on each side of all designated watercourses draining an area less than one-half square mile and having a defined bed and bank as determined in these regulations.
(c) The following regulations shall apply to riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of a designated watercourse.
(2) Except as otherwise provided in this chapter, riparian setbacks shall be preserved in their natural state.
(3) Where the 100 year floodplain is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the 100 year floodplain as delineated on the flood hazard boundary map(s) for the affected area provided by FEMA.
(4) Where a wetland is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the lot owner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under these regulations.
(Ord. 06-17, passed 3-30-2017)