(A) Applicability. Buffer areas shall be established along protected waterways, which shall include the following waterways:
(1) Any perennial stream or river (or portion thereof) that is portrayed as solid on the U.S. Geological Survey 7.5 minute quadrangle maps of the most recent edition;
(2) Wetlands greater than 0.1 acre and subject to federal jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers;
(3) Lakes with a permanent pool elevation greater than three acres in size if they constitute “waters of the Commonwealth,” as defined in KRS 224; and
(4) (a) Other water bodies that have been designated through nomination and legislative approval. A water body may be nominated as a protected water body by resolution of the legislative body/bodies or by resolution of the Planning Commission. The Planning Commission shall conduct a public hearing and recommend candidates for designation to the legislative body/bodies with jurisdictional control which shall have final designation authority.
(b) Buffer areas are established by this subchapter along all protected waterways located in the county, except that more restrictive buffer areas established in special districts, pursuant to Chapter 3 of the Land Development Code, supersede the requirements of this subchapter.
(B) Approval required. Specific and final buffer area boundary delineations shall be determined by the Planning Director or designee.
(C) The minimum buffer area requirements established by this subchapter for water bodies other than wetlands are either:
(1) The minimum width as set forth in the table below. Type A buffer areas and the streamside zone of Type B buffer areas are measured from the top of the bank of the protected stream; and/or
(2) The alternative buffer width and design, approved by the USDA Natural Resources Conservation Service; provided it meets the agency’s standards and specifications for riparian buffers. Sites located in form districts otherwise subject to Type B buffer requirement (see table below) are eligible for alternative buffer widths at the applicant’s discretion.
Type of protected waterway | Buffer area type and minimum buffer area width (feet) by form district | |
Type “A” buffer area applies in the following form districts: | Type “B” buffer area applies in the following form districts: | |
Downtown | Regional marketplace center | |
Traditional neighborhood | Town center | |
Traditional marketplace corridor | Suburban marketplace corridor | |
Traditional workplace | Neighborhood | |
Village FD center | Suburban workplace | |
Campus | ||
Village FD area outside of center | ||
Protected waterways other than wetlands | Total buffer area = 25 feet | Total buffer area = 100 feet, comprised of the following 3 zones: 1. Streamside zone: 25 feet; 2. Middle zone: 50 feet; and 3. Outer zone: 25 feet. |
(D) Note: In general, lakes formed by impoundment of streams are subject to this regulation.
(LDC § 4.8.3)