Use | Area A (100 Foot Setback Area) | Comments |
Use | Area A (100 Foot Setback Area) | Comments |
Maintenance and use of any lawfully established structure or use existing on January 15, 2008; any use, development, or structure established thereafter shall be authorized only as provided in this section | P | See subsection D6 of this section |
Any action not constituting development or a ground disturbing activity except as otherwise set forth on this table | P | |
Maintenance of existing lawn and garden areas | P | |
Herbicide, pesticide and fertilizer application in accordance with best management practices | P | |
Replanting noninvasive vegetation | P | |
Maintenance tree pruning | P | |
Minor ground disturbing activity | P | See subsections D7, E1b and E4 of this section |
Manual removal of trash, storm debris, and fallen, dead, or diseased trees | P | |
Pruning or tree removal within utility easement by responsible entity | P | |
Tree removal or replacement | P | |
Invasive plant removal | P | |
Planting noninvasive vegetation | P | |
Maintenance of existing fence or structure | P | |
Activities approved by U.S. army corps of engineers or state engineer | P | See subsection D7g of this section |
Commercial parking lot | Not permitted; see subsection D9 of this section | |
Leach field, stormwater retention pond, and detention basin | ||
Public utilities work | RPP/P | See subsection D11 of this section |
Trail on publicly owned right of way | RPP | See subsection E9 of this section |
6. Uses Allowed By Right On Developed Land; All Areas: The following uses may be conducted on a lot or parcel within area A, B, or C without a riparian protection permit:
a. Maintenance and use of any lawfully established structure or use existing on January 15, 2008; any use, development, or structure established thereafter shall be authorized only as provided in this section;
b. Maintenance of lawns and gardens, including benches and pathways;
c. Application of herbicide, pesticide, and fertilizer, subject to applicable state and federal regulations and in accordance with best management practices identified by the department of public utilities;
d. Replanting of vegetation with noninvasive species identified by the public utilities director;
e. Maintenance pruning of existing trees; and
f. Any other activity which is not a development or other ground disturbing activity.
7. Uses Allowed By Right On Developed Or Undeveloped Land; Area A: The following minor ground disturbing activities shall be allowed by right in a residential district on a developed or undeveloped lot or parcel within area A without a riparian protection permit:
a. Manual removal of trash, storm debris, and fallen, diseased, or dead trees or other vegetation by the landowner;
b. Pruning or removal of trees within a utility easement by the responsible entity;
c. Tree removal and replacement as provided in subsection E4 of this section;
d. Removal of invasive plants;
e. Planting of noninvasive vegetation shown on a list of approved and prohibited vegetation within riparian protection areas published by the department of public utilities and/or the urban forester;
f. Maintenance of an existing fence or structure within the original footprint if:
(1) Further stream bank armoring is not required; and
(2) Soil is not unstable due to steep slope movement; and
g. Construction activities approved by the U.S. army corps of engineers under the federal clean water act or the river and harbors act, or by the Utah state engineer under the stream alteration permit program as set forth in subsection A4 of this section.
8. Uses Allowed By Right On Developed Land; Area B: Uses allowed within area B on a developed lot or parcel without a riparian protection permit include:
a. Any use described in subsection D4 of this section;
b. Open fencing approved under a general permit promulgated by the public utilities director;
c. Construction of open patios which do not involve an existing grade change of more than two feet (2') and decks which are not higher than two feet (2') above grade;
d. Minimal grading;
e. Compost from yard debris; and
f. Mechanized removal of fallen, dead, or diseased trees as provided in subsection E4 of this section.
9. Uses Allowed By Right On Developed Land; Area C: Uses allowed within area C on a developed lot or parcel without a riparian protection permit include any use or development allowed by the underlying district or as set forth in subsections D7 and D8, or E1b of this section, except a leach field, stormwater retention pond, detention basin, or commercial parking lot.
10. Uses Allowed By Right On Undeveloped Land: Uses allowed on undeveloped land shall be as authorized by the underlying base zoning district, except within residential districts, the research park district, public lands districts, and the institutional and urban institutional district. Within such districts the following shall apply:
a. The one hundred foot (100') nondisturbance area requirement as described in subsection D3 of this section; and
b. The use and development standards set forth in subsection E of this section.
11. Public Utilities Work: In addition to the uses listed on the foregoing tables, the city may complete work within the RCO district as provided in this subsection.
a. Emergency Work: Emergency work to protect an immediate threat to life or land is allowed without a riparian protection permit.
(1) The city department undertaking the work shall notify the public utilities director of activity within twenty four (24) hours thereafter.
(2) Any stream channel or riparian area damaged as a result of city work shall be restored. The department of public utilities shall issue a riparian protection permit for such restoration work and shall inspect and approve the work undertaken.
(3) Temporary emergency structures, sandbags, and other emergency related materials shall be removed from the site in a timely manner.
b. Other Work: The following work may be undertaken within a riparian corridor protection area subject to the issuance of a riparian protection permit as provided in this subsection:
(1) Matters of public safety;
(2) Work to protect life or property in an emergency;
(3) Flood control;
(4) Channel or riparian restoration;
(5) Maintenance, including storm drainage system, irrigation structures, utility and street work;
(6) Public utilities projects approved by the department of public utilities, including, but not limited to, new utility or street work; bridge maintenance, repair, replacement, or new construction; public trails, such as bike and pedestrian paths located on publicly owned land;
(7) Public gathering places such as amphitheaters and gazebos located on publicly owned land;
(8) Maintenance access roads; and
(9) Utility service devices such as stormwater lift stations and irrigation structures.
c. Equipment: Plans submitted for a riparian protection permit shall include a description of equipment to be used for any work proposed. Such equipment shall be sufficiently sized for the task and chosen to minimize any impact to a stream channel and the riparian corridor area.
d. Construction Design Standards: The department of public utilities shall develop construction design standards applicable to projects approved under this subsection.
E. Use And Development Standards: Other uses and development standards within the RCO district shall be conducted as provided in this subsection and shall be consistent with any RCO master plan as may be adopted.
1. Area A: Development within area A shall conform to the standards set forth in this subsection.
a. Developed Lot In A Residential District: On a developed lot in a residential district, no new construction shall occur closer than twenty five feet (25') to the annual high water level, except as permitted by this subsection.
1. Area A: Development within area A shall conform to the standards set forth in this subsection.
a. Developed Lot In A Residential District: On a developed lot in a residential district, no new development shall occur closer than twenty five feet (25') to the annual high water level, except as permitted by this subsection.
b. Allowed Minor Ground Disturbing Activities: The following activities shall be allowed in a residential district within area A if heavy equipment is not used and as provided by a riparian protection permit:
(1) New development or maintenance of access stairs, landscape walls; and/or paths between vertical levels within area A and no more than one per level in terraced areas;
(2) An open permeable patio or deck not located within a streambed and constructed in a manner that:
(A) Will not impede any high water flow above the AHWL;
(B) Does not change existing grade; and
(C) Is not greater than one hundred fifty (150) square feet;
(3) Low impact stream crossings;
(4) Construction of open fences, beyond the AHWL in any area within the RCO district, if approved by the public utilities director or as authorized by a general permit promulgated by the director;
(5) Maintenance of existing irrigation and flood control devices; and
(6) Installation and maintenance of erosion control devices, approved, if necessary, by the U.S. army corps of engineers, Salt Lake County flood control, the Utah state engineer or any other government authority with jurisdiction. Such erosion controls may include armoring, if, as reasonably determined by the approving authority:
(A) The armoring is authorized or required by the public utilities director and/or one or more of the foregoing government authorities;
(B) The armoring is necessary to protect the structural integrity of an existing structure on the land or significant loss of land area due to erosion;
(C) The landowner has reasonably exhausted less intrusive methods to prevent significant land damage;
(D) The armoring is placed only where necessary to prevent significant land damage in the foreseeable future; and
(E) The proposed armoring will not negatively impact other adjacent or downstream land.
2. Area B: Replacement, rebuilding, or expansion of a building within areas A and B shall conform to the standards set forth in this subsection.
a. Replacement Buildings: Replacement or rebuilding of a preexisting structure in area A and/or B shall require a riparian protection permit and is allowed, consistent with the continuation of nonconforming uses and noncomplying structures as set forth in chapter 21A.38 of this title, if:
(1) The structure replaces a preexisting structure with the same type of structure or a structure of lesser impact pursuant to underlying zoning district standards;
(2) No portion of the footprint of the new structure is any nearer to the AHWL than the nearest point of the preexisting structure to the AHWL;
(3) The total square footage of the portion of the footprint of the new structure to be located within area A and/or B does not exceed the total square footage of the footprint of the old structure as it was located within area A and/or B;
(4) The new structure:
(A) Does not require further armoring of the stream bank; and
(B) Is not located in any unstable area due to movement of a steep slope, unstable soils, or geological activity along a fault that will not support the structural footprint; and
(C) Complies with applicable requirements of the underlying zoning district and any other applicable city regulation except as otherwise set forth in this section.
b. Building Expansion: Notwithstanding any other provision of this title to the contrary, an existing structure (not including a deck, patio, or similar structure) may be expanded by up to twenty five percent (25%) in area A or B as provided by a riparian protection permit if such expansion does not result in any structure being built closer to the AHWL than any portion of the existing structure.
(1) The foregoing rule shall also apply to a replacement structure.
(2) As a tradeoff for allowing expansion or replacement with a larger structure, the public utilities director shall require, as a condition of the riparian protection permit, that the landowner spend five percent (5%) of the project cost on stream bank restoration or specify a minimum number of linear feet of stream bank that shall be restored based on the size of the expansion and consistent with any RCO master plan as may be adopted and any subsequent restoration project applicable to the entire stream corridor.
3. Use Of Heavy Equipment In Areas A And B: Heavy equipment may be used in areas A and B as provided by a riparian protection permit issued pursuant to standards promulgated by the public utilities director to minimize and mitigate impacts from the use thereof, and subject to any applicable federal, state, and county requirements.
4. Tree Removal And Replacement: Trees located in area A, B, or C which are fallen, diseased, or dead, or which are less than two inches (2") in caliper, may be removed without a riparian protection permit so long as replacement trees are planted in the same area.
a. Trees which are removed shall be replaced as follows:
(1) For trees six inches (6") in caliper or less: One to one (1:1);
(2) For trees six (6) to eight inches (8") in caliper: Two to one (2:1); and
(3) For trees eight inches (8") or greater in caliper: Three to one (3:1).
(4) Any replacement tree which does not survive for at least one year shall be replaced again.
b. Removal of live trees is prohibited without approval from the public utilities director. In determining whether a live tree should be removed, the director shall consult with the zoning administrator and the urban forester.
c. Replacement trees shall be an approved species and size shown on the list of approved and prohibited vegetation within riparian protection areas published by department of public utilities and/or the urban forester and shall have the following minimum size:
(1) Deciduous trees shall have a minimum trunk size of two inches (2") in caliper, and
(2) Evergreen trees shall have a minimum size of five feet (5') in height.
d. Any tree which is more than two inches (2") in caliper shall not be removed unless authorized by a riparian protection permit.
e. The director may promulgate a general permit for tree stump removal in any area within the RCO district. Removal of any tree stump located within twenty five feet (25') of the annual high water line shall be approved by the urban forester.
5. Development On Undeveloped Residential Lots Or Parcels: Development on an undeveloped residential lot or parcel which is one acre or larger and located within area A, B, or C shall meet the requirements of this subsection.
a. The no disturbance setback for such lots shall be increased to one hundred feet (100').
(1) If the depth of the lot or parcel is less than two hundred feet (200'), then the setback shall be reduced by the ratio of the actual lot depth to two hundred feet (200').
(2) The development potential (density) located within area B and C may be transferred to the balance of the subject lot or parcel and the minimum lot size in the zoning district may be reduced by the zoning administrator, on advice and consultation with the public utilities director, to accommodate such additional density. In the alternative, the development potential (density) may be applied to an adjacent lot or parcel within the control or ownership of the applicant.
b. When a new structure is proposed to be constructed on a lot or parcel with a reduced setback as a result of this subsection, the zoning administrator, on advice and consultation with the public utilities director, may reduce required front and side yard setbacks by a factor of twenty five percent (25%); provided, however, that the setback shall not be reduced by more than the ratio calculated under subsection E5a(2) of this section.
c. In all cases the minimum nondisturbance setback shall be at least fifty feet (50').
6. Development In Nonresidential Districts: A required setback on a lot or parcel located in a nonresidential district may be reduced to allow development within twenty five feet (25') of a stream if the stream is daylighted as provided in subsection E7 of this section.
7. Incentives For Stream Bank Restoration Or Daylighting In Nonresidential Districts: Any applicant for a project that daylights a stream or completes a city approved stream bank restoration program for at least fifty feet (50') along a stream in a riparian corridor shall be allowed to build within twenty five feet (25') of the AHWL, subject to a riparian protection permit approved by the public utilities director, so long as the applicant:
a. Incorporates best practice stormwater management facilities to reduce water pollution as specified by the public utilities director;
b. Agrees to monitor and control trash, litter, and other pollutants along the stream; and
c. Installs an amenity in the corridor such as a plaza, benches, trail, and/or sidewalk that is open to and accessible by the public.
8. Steep Slope And Soil Stability Standards: As part of a riparian protection permit, the public utilities director may require a geotechnical report and impose greater setbacks for structures or buildings from the structure limit line to ensure safety. When unstable soils are suspected, regardless of the slope, the public utilities director may require a geotechnical report, increase the no disturbance line, and impose greater setbacks for a structure or building from the structure limit line to ensure safety.
a. Replacement or repair of an existing retaining structure shall require a riparian protection permit.
b. Each proposed project shall be reviewed on an individual basis.
9. Trails: Trails may be established along a publicly owned right of way within any area located in the RCO district.
a. A riparian protection permit shall be required for a trail located in area A.
b. Public access to private land adjoining a stream channel shall be prohibited unless authorized by the landowner or pursuant to an access easement.
F. Definitions: For the purpose of this section the following words and terms shall be defined as set forth below and shall apply in addition to the terms defined in chapter 21A.62 of this title:
ANNUAL HIGH WATER LEVEL (AHWL): The average (mean) elevation of City Creek, Red Butte Creek, Emigration Creek, Parleys Creek, and the Jordan River occurring during a calendar year as indicated by fresh silt or sand deposits, the presence of litter and debris, or other characteristics indicative of a high water level.
ARMORING: Material such as rock, concrete or stone filled gabion baskets placed along a stream bank to prevent erosion.
BANK: The confining sides of a natural stream channel, including the adjacent complex that provides stability, erosion resistance, and aquatic habitat.
BEST MANAGEMENT PRACTICES (Also Known As BMPs): The utilization of methods, techniques, or products demonstrated to be the most effective and reliable in minimizing adverse impacts on water bodies and the adjacent stream corridors.
CHANNEL: The bed and banks of a natural stream or river.
DAYLIGHTING: Restoring a piped drainage system to an open, natural condition.
DEVELOPMENT: The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. The following activities or uses shall be taken for the purposes of these regulations to involve "development":
1. The construction of any principal building or structure;
2. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an increase in nonresidential use intensity that requires additional parking;
3. Alteration of a shore or bank of a creek, pond, river, stream, lake or other waterway;
4. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a parcel of land;
5. Demolition of a structure;
6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation;
7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land; and
8. For the purpose of this section, any ground disturbing activity.
The following operations or uses shall not be taken for the purpose of these regulations to involve "development":
1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right of way;
2. Utility installations as stated in subsection 21A.02.050B of this title;
3. Landscaping for residential uses; and
4. Work involving the maintenance of existing landscaped areas and existing rights of way such as setbacks and other planting areas.
EROSION: The process by which a ground surface is worn away by wind, water, ice, gravity, artificial means, or land disturbance.
EROSION CONTROL: A construction method, structure, or other measure undertaken to limit the detachment or movement of soil, rock fragments, or vegetation by water, wind, ice, and/or gravity.
FLOOD HAZARD AREA: An area with a high flood potential as determined by the federal emergency management agency.
FLOODPLAIN: The area likely to be inundated by water when the flow within a stream channel exceeds bank full discharge stage.
FOOTPRINT: The area under a structure at ground or grade level.
GENERAL PERMIT: A permit for a category of uses with similar characteristics authorized by the public utilities director.
GRADING: Any act by which soil is cleared, stripped, moved, leveled, stockpiled, or any combination thereof, and includes the conditions that result from that act.
GROUND DISTURBING ACTIVITY: Removing, filling, dredging, clearing, destroying, armoring, terracing or otherwise altering an area through manipulation of soil or other material.
HABITAT: The physical environment utilized by a particular species, or species population.
HEAVY EQUIPMENT: A vehicle or machine designed for construction or earthmoving work including, but not limited to, a backhoe, bulldozer, compactor, crane, dump truck, excavator, front loader, grader, scraper, skid-steer loader, or tractor.
HIGH LIQUEFACTION POTENTIAL: Soil conditions where an earthquake with a fifty percent (50%) probability of occurring within a 100-year period will be strong enough to cause liquefaction.
INVASIVE SPECIES: A usually nonnative species that is highly successful in a new habitat and whose presence is significantly detrimental to native species.
LEACH FIELD: A porous soil area, through which septic tank leach lines run, emptying treated waste.
LIQUEFACTION: The strength and stiffness of saturated soil is reduced by earthquake shaking.
LOW IMPACT STREAM CROSSING: A walkway which does not impede the flow of water in a stream channel during a period of high water flow.
MINIMAL GRADING: Movement of soil with hand tools which does not change the existing elevation by more than one foot (1').
NATIVE VEGETATION: One or more plant species indigenous to a particular area.
NO DISTURBANCE LINE: That line which is located twenty five feet (25') from the AHWL as shown on illustration A of this section.
ONE HUNDRED FOOT BUFFER LINE: That line located one hundred feet (100') from the AHWL as shown on illustration A of this section.
100-YEAR FLOODPLAIN: An area adjoining a river or stream likely to be inundated during a flood having a magnitude expected to be equaled or exceeded once in one hundred (100) years on average.
OPEN FENCE: An artificially constructed barrier that allows light transmission and visibility through at least fifty percent (50%) of the fence.
OPEN PERMEABLE PATIO OR DECK: A patio or deck which does not impede the flow of water in a stream channel during a period of high water flow.
OVERLAY DISTRICT: See section 21A.62.040 of this title.
PUBLIC UTILITIES DIRECTOR: The duly appointed individual serving as director of the Salt Lake City department of public utilities.
RIPARIAN AREA: An area including a stream channel or wetland, and the adjacent land where the vegetation complex and microclimate conditions are products of the combined presence and influence of perennial and/or intermittent water, associated high water tables, and soils that exhibit some wetness characteristics.
RIPARIAN CORRIDOR: A one hundred foot (100') wide stream corridor measured from the annual high water level (AHWL) of the adjacent stream or wetland, which has a total width of at least two hundred feet (200') plus the width of the streambed plus any adjacent wetland.
RIPARIAN PROTECTION PERMIT: A permit issued by the public utilities director containing conditions which regulate or prohibit development under the provisions of this section.
RIPARIAN SETBACK: The area between the annual high water level of a stream and a line parallel to the stream which is a defined distance from the AHWL.
STORMWATER DETENTION BASIN: An artificial flow control structure used to contain floodwater for a limited period of time to provide protection for areas downstream during peak periods of rain or melting snow.
STREAM: City Creek, Red Butte Creek, Emigration Creek, Parleys Creek and the Jordan River.
STREAM CORRIDOR: A stream and adjacent land within a defined distance from the stream.
STRUCTURE: Anything constructed or erected with a fixed location on the ground or in/over the water bodies in the City. Structure includes, but is not limited to, buildings, fences, walls, signs, and piers and docks, along with any objects permanently attached to the structure.
STRUCTURE LIMIT LINE: That line which is located fifty feet (50') from the AHWL as shown on illustration A of this section.
UNSTABLE SOIL: Soil on a slope of greater than thirty percent (30%) which is likely to move unless stability measures are undertaken to prevent such movement.
WETLAND: Those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
G. Measurements:
1. All distances noted in this section shall be measured along a horizontal plane from the annual high water level to the applicable riparian boundary line, property line, edge of building or structure, or other point. These distances are not measured by following the topography of the land. Consequently, on steeply sloped topography the measured overground distance may not accurately reflect the distances specified in the permits and conditions specified in this section.
2. When any distance measurement results in a fractional number, the required distance shall be measured to the nearest foot. Any fraction less than one-half foot (1/2') shall be disregarded and fractions of one-half foot (1/2') or larger shall be included in the measurement.
3. When measuring a required minimum distance, the measurement shall be made at the shortest distance between the two (2) points and perpendicular to the riparian setback line. (Ord. 10-24, 2024: Ord. 65-14, 2014: Ord. 7-14, 2014: Ord. 62-08 § 1 (Exh. A), 2008: Ord. 3-08 § 3, 2008)