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A. Nondevelopment Activities: Activities that do not meet the definition of "development" are allowed in the regulatory floodplain without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "manmade changes to improved or unimproved real estate".
1. Routine maintenance of landscaping that does not involve grading, excavation, or filling;
2. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;
3. Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;
4. Normal maintenance of aboveground utilities and facilities, such as replacing downed power lines and utility poles;
5. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas; and
6. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility are allowed in the regulatory floodplain without need for a floodplain development permit. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition for protection on the face or toe with rock armor.
B. Activities Allowed With A Floodplain Permit: The following activities are allowed in the regulatory floodplain without the habitat impact assessment required under subsection C of this section, providing all other requirements of this chapter are met, including obtaining a floodplain development permit:
1. Repairs or remodeling of an existing structure, provided that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.
2. Expansion of an existing structure that is no greater than ten percent (10%) beyond its existing footprint, provided that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date hereof. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.
3. Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include buildings, liquid or gas storage tanks, or impervious surfaces.
4. Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, fill, impervious surfaces or removal of more than five percent (5%) of the native vegetation on that portion of the property in the regulatory floodplain.
5. Repair to on site septic systems provided the ground disturbance is the minimum necessary.
C. Habitat Impact Assessment: Unless allowed under subsections A and B of this section, a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. The assessment shall be:
1. A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under endangered species act section 7(a)(2); or
2. Documentation that the activity fits within section 4(d) of the endangered species act; or
3. Documentation that the activity fits within a habitat conservation plan approved pursuant to section 10 of the endangered species act, where any such assessment has been prepared or is otherwise made available; or
4. An assessment prepared in accordance with "Regional Guidance For Floodplain Habitat Assessment And Mitigation", FEMA region X, 2010. The assessment shall determine if the project would adversely affect:
a. Species that are federal, state or local listed as threatened or endangered,
b. The primary constituent elements for critical habitat, when designated,
c. Essential fish habitat designated by the national marine fisheries service,
d. Fish and wildlife habitat conservation areas,
e. Other protected areas and elements necessary for species conservation.
D. Habitat Mitigation Plan:
1. If the assessment conducted under subsection C of this section concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts, in accordance with "Regional Guidance For Floodplain Habitat Assessment And Mitigation", FEMA region X, 2010.
a. If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures as are appropriate for the situation.
b. No new stream crossings are allowed within the special flood hazard zone, but outside the protected area.
c. If the project is located in the protected area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project.
2. The plan's habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and its mitigation components.
3. The floodplain administrator shall not issue a certification of use or a certificate of occupancy until all work identified in the biological evaluation, biological assessment, or mitigation plan has been completed or the applicant has provided the necessary assurance that unfinished portions of the project will be completed. (Ord. 913, 9-28-2011)