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Pima County Overview
Pima County, AZ Code of Ordinances
PIMA COUNTY, ARIZONA CODE
Publisher's Introduction
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 INDIGENT HEALTH CARE
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 ENVIRONMENTAL QUALITY
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 TRAFFIC AND HIGHWAYS
Title 11 PIMA COUNTY PROCUREMENT CODE
Title 12 (RESERVED)
Title 13 PUBLIC SERVICES
Title 14 RENEWABLE ENERGY INCENTIVE DISTRICT (REID)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 FLOODPLAIN MANAGEMENT
Title 17 AIR QUALITY CONTROL
Title 18 ZONING
Title 19 ROADWAY DEVELOPMENT FEE
Title 20 THE SMALL BUSINESS ENTERPRISE PARTICIPATION PROGRAM
Title 21 PUBLIC LANDS AND FACILITIES
STATUTORY REFERENCES FOR ARIZONA COUNTIES
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 16.28
EROSION HAZARD AREAS AND BUILDING SETBACKS
Sections: 
16.28.010   Building setback requirements.
16.28.020   Setbacks near major watercourses.
16.28.030   Setbacks from minor washes.
16.28.040   Appeals and variances.
16.28.010   Building setback requirements.
   In erosion hazard areas where watercourses are subject to flow-related erosion hazards, building setbacks are required from the primary channel or channels as set forth in Sections 16.28.020 and 16.28.030.
(Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 12 (part), 1988)
16.28.020   Setbacks near major watercourses.
   For major watercourses with base flood peak discharges of two thousand cfs or greater, the following building setbacks shall be required where approved bank protection is not provided:
   A.   Along the following major natural watercourses, where no unusual conditions exist, a minimum (default) building setback shall be provided at the time of the development, unless an alternative setback is determined by an engineering analysis, prepared by an Arizona registered civil engineer, based on ADWR standards or other applicable engineering methods, which establishes acceptable safe limits for the development and is approved by the chief engineer.
   B.   Along natural channels where no unusual conditions exist (such as a pronounced channel curvature), the default building setback for erosion hazard protection shall be:
      1.   A distance of five hundred feet along the Santa Cruz River, Rillito Creek, Pantano Wash, Tanque Verde Creek, San Pedro River, and the Canada del Oro Wash;
      2.   A distance of two hundred fifty feet along major watercourses with base flood peak discharges greater than ten thousand cfs;
      3.   A distance of one hundred feet along all major watercourses with base flood peak discharges of ten thousand cfs or less, but more than five thousand cfs; and
      4.   A distance of seventy-five feet along all other major watercourses with base flood peak discharges of five thousand cfs or less, but more than or equal to two thousand cfs.
   C.   Along major natural watercourses where unusual conditions do exist that may increase or decrease the required erosion hazard setback, building setbacks shall be established on a case-by-case basis by the chief engineer using the standard adopted by the ADWR or other applicable engineering methods which establish safe limits for the development. Unusual conditions include but are not limited to historical meandering of the watercourse, large excavation pits, poorly defined or poorly consolidated banks, natural channel armoring, proximity to stabilized structures such as bridges or rock outcrops, and changes in the direction, amount and velocity of the flow of waters within the watercourse.
   D.   When determining building setback requirements, the chief engineer shall consider the danger to life and property due to existing flood heights or velocities and historical channel meandering.
   E.   For constructed channels, structural bank protection to prevent erosion is required for major watercourses with base flood peak discharges of more than two thousand cfs unless a written waiver of the requirement is granted by the chief engineer. A waiver of the requirement for structural bank protection may be granted based on an acceptable engineering study, which has been prepared and sealed by an Arizona registered civil engineer, demonstrating an appropriate building setback for an earthen channel, based on soil and natural flow conditions.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 12 (A), 1988).
16.28.030   Setbacks from minor washes.
   A.   For minor natural washes with a base flood peak discharge of less than two thousand cfs, the following building setbacks shall be required:
      1.   A distance of fifty feet for watercourses with base flood peak discharges of less than two thousand cfs, but more than five hundred cfs;
      2.   A distance of twenty-five feet for watercourses with base flood peak discharges of five hundred cfs to one hundred cfs;
      3.   Alternative safe limits for erosion setbacks approved in writing by the chief engineer based on an acceptable engineering study prepared and sealed by an Arizona registered civil engineer. However, at no time shall a setback of less than twenty-five feet from the top of channel bank be permitted in order to provide for reasonable access and stability of nearby structure foundations, except as allowed pursuant to subsection B of this section.
   B.   Along minor natural washes where unusual conditions exist, building setbacks shall be established on a case-by-case basis by the chief engineer, using ADWR standards or other applicable engineering methods or an acceptable engineering study is prepared and sealed by an Arizona registered civil engineer and approved by the chief engineer. When determining building setback requirements, the chief engineer shall consider danger to life and property due to existing flood heights or velocities and historical channel meandering. Unusual conditions include but are not limited to historical meandering of the watercourse, large excavation pits, poorly defined or poorly consolidated banks, natural channel armoring, proximity to stabilized structures such as bridges or rock outcrops, and changes in the direction, amount, and velocity of flow of the waters in the watercourse.
   C.   For constructed channels, channel banks are required to be stabilized to prevent erosion along minor watercourses with base flood peak discharges of less than two thousand cfs, but greater than five hundred cfs. Stabilization is required unless a waiver to the requirement is granted by the chief engineer based on an engineering study prepared and sealed by an Arizona registered civil engineer which demonstrates an appropriate building setback for an earthen channel, based on soil and natural flow conditions. For constructed channels with a base flood peak discharge of less than five hundred cfs, channel stabilization may be required based on engineering analysis and assessment of soil conditions and flow velocities.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999-FC-1 §§ 1 (part) 1999; Ord. 1988-FC2 Art. 12 (B), 1988)
16.28.040   Appeals and variances.
   A.   Appeals. Any applicant disputing a written finding of the chief engineer denying a permit or delineating an erosion hazard setback may appeal to the board as provided in Chapter 16.56 of this title.
   B.   Variances. Any property owner requesting a variance from the requirements of this title shall submit a request for a variance to the board through the chief engineer as provided in Chapter 16.56 of this title.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005)