(a)   By-Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations.
No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.
      (1)   Recreational activity. Passive recreational uses, as permitted by Federal, State, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.
      (2)   Removal of damaged or diseased trees. Damaged or diseased trees may be removed.
      (3)   Revegetation and/or reforestation. Riparian and wetland setbacks may be revegetated with non-invasive plant species.
      (4)   Maintenance of lawns, gardens and landscaping. Lawns, gardens and landscaping, that existed at the time this chapter was passed, may be maintained as long as they are not increased in size.
   (b)   By-Right Uses with a Permit.
      (1)   Stream bank stabilization and erosion control measures. Stream bank stabilization and erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The City Engineer shall when considering protection of property and public safety determine the material usage for stream bank stabilization. The stream bank stabilization and erosion control measures shall only be undertaken upon approval of a Soil Erosion and Sediment Control Plan by the City.
      (2)   Crossings. Crossings of designated watercourses and through riparian setbacks by publicly and privately owned sewer and/or water lines, public and private utility transmission lines, and public roadways, shall only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance in riparian setbacks and shall mitigate any necessary disturbances. All materials of existing crossings and materials employed in the construction of the crossing shall remain the responsibility of the property owner and shall not impede stream or flood flow. Erosive materials will not be used in making stream crossings.
      (3)   Construction of fencing. Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City Engineer.
(Ord. 28-05. Passed 6-9-08.)