All areas in the floodway and below the mean high water mark of any nonintermittent stream are subject to the following provisions in addition to the provisions in sections 17.04J.010 through 17.04J.060 of this article. No person may excavate in, disturb, fill, build in, upon or across, deposit in, or change the channel of any nonintermittent stream within the Flood Hazard District without a stream alteration permit issued by the commission. By way of example, stream alteration permits are required for uses or structures within a channel of a nonintermittent stream needed for public necessity (e.g., bridges, water pumps), recreational use (e.g., paths), wildlife habitat improvements (e.g., vegetation, nesting structures, pool/riffle improvements), and gravel extraction (e.g., to benefit the health of the river and stream flows).
A. Application: Applications shall be made for a stream alteration permit upon a form furnished by the Floodplain Administrator. Emergency waiver of the written application may be granted only after approval by the Floodplain Administrator. If an emergency waiver is granted, the applicant shall apply for a standard stream alteration permit as outlined below within four (4) months from the date of issuance of the emergency waiver of permit. Said work shall be performed prior to the next spring run-off season unless otherwise approved by the Floodplain Administrator. Information to be provided by the applicant for any stream alteration permit issued hereunder shall include, but not necessarily be limited to, the following:
1. Applicant's name, address and phone number.
2. Name of engineer, if any, who prepared the application.
3. Property location and legal description.
4. Name and reach of stream and area of proposed work.
5. Length of the stream section to be worked on.
6. Type of work to be done.
7. Type of equipment to be used.
8. Starting and completion dates of work.
9. Vicinity map of the area.
10. Names and addresses of property owners on both sides of the stream three hundred feet (300') upstream and one thousand feet (1,000') downstream from the proposed work site.
11. A description of proposed watercourse alteration or relocation.
12. A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.
13. Plans and information accurately and legibly showing:
a. Location and dimension of lot or property.
b. A map showing the location of the proposed watercourse alteration or relocation.
c. Location of existing or proposed structures and location of previous stream alterations.
d. Typical cross section of the proposed work.
e. Location of the lot or property in relation to the stream channel, floodway and floodplain.
f. A valley cross section of the area to be altered, showing the stream channel, floodway limit lines, elevations of land area adjacent to the stream, and the base flood elevation. The City Engineer, and FEMA officials if requested by the City Engineer, shall review and approve or disapprove the cross section.
g. Location of any drainageways or overflow channel through the property affected.
14. A statement addressing potential beneficial and adverse impacts in the immediate project area (upstream, downstream and across the stream).
15. Copies of all required State and Federal permit approvals.
B. Public Hearing Notice: Each application shall be reviewed at public hearings before the commission following adequate public notice.
1. Notice shall be given by United States mail insofar as practicable to each property owner whose name appears on the list accompanying the application, giving the date, time and place of the hearing, the action sought, and the identification of the property under consideration. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the City provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the City at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
2. The Idaho Department of Water Resources shall be notified by the applicant prior to any alteration or relocation of a watercourse, and the Floodplain Administrator shall submit evidence of such notification to the Federal Insurance Management Administration.
3. In any public hearing on a stream alteration permit application, the presiding officer may order the hearing to be continued up to thirty (30) days without further notice.
C. Commission Evaluation: A completed application will be heard by the commission at a public hearing within a maximum of forty five (45) days following its receipt. The commission shall review the particular facts and circumstances of each proposed stream alteration and make its determination.
1. Standards: No stream alteration permit shall be issued unless the commission finds adequate evidence that the following mandatory requirements have been met:
a. The applicant agrees to obtain and abide by all necessary permits from the Army Corps of Engineers, from the Idaho Department of Water Resources, and compliance with sections 9 and 10 of the Endangered Species Act, if applicable.
b. The stream alteration desired will not involve placing an encroachment, structure, fill, deposit, obstruction, storage of materials or storage of equipment in the floodway unless certification by a registered engineer is provided demonstrating that such alteration will not result in any increase in flood levels during occurrence of a 100-year flood.
c. The stream alteration desired will not materially increase the area of the Floodplain and Floodway Subdistricts.
d. No property of another person will be adversely affected by the proposed stream alteration whether such property is adjacent to, upstream or downstream from the proposed stream alteration.
e. The stream alteration does not jeopardize the City's participation in the National Flood Insurance Program.
f. Adjacent communities, the U.S. Army Corps of Engineers and the Idaho Department of Water Resources stream channel alteration program must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency.
g. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.
2. Conditions: The commission may attach conditions to any stream alteration permit, including, but not limited to, the following:
a. Requiring work to be done at times of lowest water.
b. Requiring work to be done by appropriate construction equipment.
c. Requiring the project to be built to Idaho Department of Water Resources, Army Corps of Engineers, or City of Hailey standard specifications and standard drawings.
d. Requiring that a registered engineer certify, in writing, that the work has been completed according to the City requirements and stipulations.
e. Requiring any modification in the extent or design of the proposed work in order to meet the mandatory conditions imposed by this article.
f. Requiring preservation of existing vegetation, revegetation or placement of fish or wildlife enhancement features.
g. Posting of sufficient security to ensure the completion of the work.
h. Requiring review or approval of the application by other agencies or governmental units.
i. Requiring the work to be done at a certain height or location.
j. Requiring reclamation of eroded stream banks in the floodway.
k. Requiring overflow channels to remain open.
l. Restricting the future location of building envelopes.
m. Requiring modifications of the project so as not to increase the level of the base flood elevation and not to encroach upon the floodway.
n. Requiring maintenance within the altered or relocation portion of said watercourse so that the flood carrying capacity is not diminished.
o. Issuance of all required and necessary Federal and State permits (e.g., 404 permits).
p. Any other condition reasonably related to the issuance of a stream alteration permit. (Ord. 1234, 2018)