(a) Designated watercourses, shall be only those watercourses meeting any one of the following criteria:
(1) Watercourses draining an area equal to or greater than one square mile; or
(2) Watercourses draining an area less than one square mile and having a defined bed, bank, and definite direction of flow, either continuously or intermittently flowing, including through culverts, bridges and other conveyance structures; or,
(3) Any watercourse newly constructed, altered, restored, or proposed in a development or as part of an overall development plan. Such projects shall show compliance with all applicable local, state, and Federal requirements.
(b) Riparian setbacks do not apply to drainage ditches, constructed exclusively for road side drainage and that are generally parallel to road; provided however, that the City Engineer may establish the minimum setback necessary to prevent an obstruction that could compromise the integrity of the ditch slope.
(c) In determining if watercourses meet the criteria in subsection (a) above, the City may consult with a representative of the Lake SWCD or any other technical expert(s) as necessary.
(d) Final determination shall be made by the City Manager in accordance with the rules herein.
(Ord. 16-19. Passed 9-16-19.)