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(A) The FPA shall require permits for proposed construction and other development within the floodway fringe area of the Colorado River. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
(B) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
(C) A setback from the floodway is required for all new development to create a buffer and to provide access to the floodway for possible maintenance and improvements work. The buffer may consist of a natural vegetation or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rates in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as agriculture, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.
(D) A waiver to the setback requirements may be granted if it can be demonstrated that adequate erosion and flow velocity protection can and will be constructed and maintained, and provided that the erosion protection meets the applicable parts of Volume 44, Code of Federal Regulations, section 65.5(a)(6). All plans for erosion and flow velocity protection must have the review and concurrence of the Bureau of Reclamation and be reviewed and approved by the FPA.
(Ord. O-2006-53, passed 8-16-06)