A. Purpose: The purpose of stream protection buffers is to ensure that prior to, during, and after construction operations, streambeds, streamside vegetation and other existing physical characteristics are protected in order to maintain water quality and to protect property and aquatic habitat.
B. Applicability: The requirements for stream protection buffers shall apply to all class 1 streams, class 2 streams, and naturally occurring drainage swales, but shall not apply to the shorelines of any recognized lake or the Coeur d'Alene River or Spokane River.
C. Dimensions:
1. Class 1 stream protection buffer: The area encompassed by a slope distance of seventy five feet (75') on each side of the ordinary high water mark.
2. Class 2 stream protection buffer: The area encompassed by a minimum slope distance of thirty feet (30') on each side of the ordinary high water mark.
3. Naturally occurring drainage swale protection buffer: The area encompassed by a minimum slope distance of five feet (5') on each side of the top of a naturally occurring drainage swale. In no case shall this protection buffer have a total width greater than thirty feet (30').
4. For parcels legally created prior to January 1, 1997, the width of any stream protection buffer may be reduced to forty percent (40%) of the dimension of the parcel which is intersected by the stream.
D. Standards:
1. Application of fertilizer to turf grass and storage of chemicals which may adversely impact water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds, are prohibited in stream protection buffers.
2. No mechanical ground disturbance shall be permitted within stream protection buffers except at identified and permitted stream or river crossings. Only the use of hand tools shall be allowed when necessary to develop or establish a permitted use or activity unless they are to be performed within an identified and permitted crossing. When disturbance is necessary across or inside a stream protection buffer, it shall be done in such a manner as to minimize stream bank vegetation and channel disturbance. The extent of any such disturbance shall be clearly indicated in a site disturbance plan.
3. When a stream protection buffer must be crossed, adequate structures to carry water flow shall be installed. Crossings and their approaches shall be at right angles to the channel or otherwise configured to minimize the disturbance within the stream protection buffer or shoreline protection buffer. Construction of hydraulic structures in river channels shall conform to the requirements of the stream channel protection act, title 42, chapter 38, Idaho Code. All temporary crossings shall be removed immediately after use.
4. Shading, wildlife cover, and water filtering effects of vegetation shall be maintained along all stream protection buffers as outlined in the IFPA and the rules pertaining to the Idaho forest practices act, IDAPA 20.02.01 (IFPA rules).
5. Large organic debris (LOD) shall be maintained along all stream protection buffers as outlined in the IFPA and the IFPA rules.
6. Site improvements or conditions which lie within a stream protection buffer may be replaced or altered in a manner which complies with the following standards:
a. No addition or alteration encroaches farther into the stream protection buffer than the preexisting improvements; and
b. Site disturbing activity within the stream protection buffer is minimized to the greatest extent possible; and
c. All other requirements of this article are met.
7. One stairway or walkway, associated stairway landings, and a tram may encroach within a stream protection buffer. Stairways and walkways shall not exceed four feet (4') in width. Stairway landings shall not exceed six feet (6') in width or length. Such structures shall not be constructed in a manner that is substantially parallel to the stream, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes.
8. Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement is permitted.
9. Installation of water intake lines, power lines, and similar linear infrastructure is permitted, provided that site disturbing activities within the stream protection buffer are minimized and remediated to the greatest extent possible.
10. Planting of native vegetation in conjunction with any remediation or modification activity permitted pursuant to this section is encouraged.
E. Development Exceptions Within A Stream Protection Buffer:
1. Mechanical ground disturbances not associated with development and not otherwise permitted in subsection D of this section may be permitted within a stream protection buffer, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work were performed by hand.
2. Development and associated mechanical ground disturbances may be permitted within a stream protection buffer for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or bank stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must make the following findings:
a. The risk to water quality will be less than or equal to the risk if the work were performed by hand;
b. The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or bank stabilization problem, or to complete the necessary maintenance, repair or replacement; and
c. Agencies with jurisdiction have been provided the opportunity to review and comment. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)