A. Mitigation Plan. If an applicant demonstrates to the satisfaction of the district that alteration of regulated riparian habitat areas cannot reasonably be avoided, a mitigation plan shall be submitted to the district for approval when more than 1/3 of an acre of regulated riparian habitat is disturbed.
B. The chief engineer shall provide a quarterly report to the board that states the number of riparian habitat mitigation plans that the chief engineer approved during the previous quarter. The quarterly report must include the number of approved plans that used mitigation banking and the number of approved plans that disturbed more than 5% of important riparian area on a property.
C. Mitigation Plan Requirement. The mitigation plan shall delineate all mitigation measures to be taken by the owner and shall include a schedule of completion. The mitigation plan shall be consistent with any riparian habitat mitigation standards adopted by the board, and shall be prepared in accordance with best available scientific or management practices. Mitigation may be incorporated into measures taken to satisfy other requirements of the district and county. Where appropriate, the mitigation plan shall at a minimum provide for:
1. Construction methods that identify and protect riparian habitat that is to be left unaltered;
2. Selective clearing or other habitat manipulation;
3. Replacement of affected vegetation with appropriate plant species in ratios that will result in simulation of the pre-alteration vegetation within 5 years;
4. Irrigation with passive water harvesting, where possible, or installation and maintenance of irrigation methods until plantings are established;
5. Periodic monitoring of mitigation features;
6. Maintenance and replacement of damaged plantings; and
7. Posting a performance bond or financial assurances.
D. Mitigation banking, or other alternative mitigation measures as approved by the chief engineer. At the request of the property owner, and with the approval of the chief engineer, the mitigation plan requirement under this chapter may be waived by contributing funds to an account established and administered by the district for the purposes of offsetting damage to riparian habitat.
(Ord. 2023-FC2 § 1, 2023; Ord. 2005 FC-2 § 2 (part), 2005)