16.36.090   Rights-of-way for drainage.
   A.   Whenever a subdivision plat or development plan contains a watercourse that is regulated by this title, all rights-of-way, easements, and floodplains associated with the watercourse shall be clearly labeled and designated as "drainageway," and/or floodplain.
   B.   If the watercourse is an improved major watercourse with a base flood of ten thousand cfs or more, the drainageway right-of-way shall include the channel, the channel improvements; and for county or district use, a fifty-foot wide area measured outward from the front face of the top of the bank protection on both sides of the channel.
   C.   If the watercourse is an improved, minor watercourse, the drainageway shall include the channel, the channel improvements, and access easements and ingress/egress points as necessary for maintenance access to assure the flood carrying capacity of the improved watercourse be maintained.
   D.   If the watercourse is to remain natural, the drainageway shall be the boundaries of the regulatory floodplain, the maximum encroachment limits, when applicable, or the erosion hazard area, whichever is greater.
   E.   Along any major watercourses where the peak discharge of a base flood is ten thousand cfs, or greater, the improved drainageway and/or floodway shall be dedicated in fee simple, or as an easement, to the district.
   F.   Along any minor watercourses where the peak discharge of a base flood is greater than two thousand cfs, constructed drainageways, channels, and associated flood control structures, as required to flood proof and protect property, shall be dedicated in fee simple, or as an easement, to the county; or, if acceptable to the chief engineer a private maintenance easement will be allowed in accordance with Chapter 16.38.
   G.   Along other watercourses, the chief engineer shall determine whether it is necessary for the county or the district to have control of the drainageway. If the chief engineer determines that public control is necessary, the owner shall dedicate the drainageway in fee simple or grant an easement.
(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. 11 (F), 1988)