Humboldt County Municipal Code § 33.1 R: Streams and Riparian Corridors Protection

The purpose of these regulations is to provide for the maintenance, enhancement, and, where

feasible, restoration of water resources by restricting development, and by minimizing adverse effects of runoff, interference with surface waterflow, and alteration of natural streams, and by protecting riparian habitats. (Former Section CZ#A314-63(A))

Geological Survey 7.5-minute

quadrangles. (Former Section CZ#A314-63(B)(2))

(Former Section

CZ#A314-63(B)(3)) It should be noted that additional stream protection regulations in Chapter 2 apply specifically to the Coastal Zone segments of the Mad and Eel Rivers.

These

regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation which is most protective of natural resources shall apply. (Former Section CZ#A314-63(C))

The County shall request the California Department

of Fish and Game to review development plans proposed within stream channels and riparian corridors. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-63(D))

New development within stream channels

located within the County’s Coastal Zone, shall be limited to the following uses: (Former Section CZ#A314-63(E))

generating facilities; (Former Section CZ#A314-63(E)(1))

purposes; (Former Section CZ#A314-63(E)(2))

(See, Section

312-17, which sets forth findings required for all permits, and Section 312-39.11, which sets forth the Resource Protection Findings relating to Coastal Road Construction.) (Former Section CZ#A314-63(E)(3))

Agricultural Land Use regulations. (Former Section CZ#A314-63(E)(4))

replacement; (Former Section CZ#A314-63(E)(5))

subsection 33.1.7, Permitted Development and Uses Within Riparian Corridors and Forests. (Former Section CZ#A314-63(E)(7))

For purposes of these regulations, riparian

corridors on all perennial and intermittent streams located within the County’s Coastal Zone, shall be defined as one (1) of the following: (Former Section CZ#A314-63(F))

horizontally from the stream transition lines; or (Former Section CZ#A314-63(F)(1)(a))

sides, as measured horizontally along the slope perpendicular to the stream transition lines; up to a maximum of two hundred (200) feet from the stream transition line on both sides of the streams; or (Former Section CZ#A314-63(F)(1)(b))

adjacent to riparian corridors, as defined in accordance with the setbacks required in subsections 33.1.6.1.1 and 33.1.6.1.2, the riparian corridors shall be expanded to include such areas to a maximum setback of two hundred (200) feet from the stream transition lines; or (Former Section CZ#A314-63(F)(1)(c))

(200) feet measured as the horizontal distance from the stream transition line. (Former Section CZ#A314-63(F)(1)(d))

corridor to protect significant areas of vegetation or special habitat areas adjacent to the corridor described in paragraph 33.1.6.1. (Former Section CZ#A314-63(F)(2))

reduction would not result in the removal of the woody vegetation, and the County determines, based on specific factual findings, that a reduction of the corridor width will not result in a significant adverse impact to the habitat, and is consistent with the adopted Local Coastal Plan. (Former Section CZ#A314-63(F)(3))

Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Improvement Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP) shall be exempt from requirements of this section. (Former Section CZ#A314-63(G)(1))

Transitional Agricultural Land Regulations; (Former Section CZ#A314-63(G)(2)(a))

levees, floodgates, and tide gates; (Former Section CZ#A314-63(G)(2)(b))

water systems, and incidental public service purposes, provided that the length of the facilities within the riparian corridor shall be minimized, where feasible, by rights-of-way which cross streams at right angles and do not parallel streams within the riparian corridor; (Former Section CZ#A314-63(G)(2)(d))

use; (Former Section CZ#A314-63(G)(2)(e))

stream environment or wildlife. (Former Section CZ#A314-63(G)(2)(f))

treecrown canopy and fifty percent (50%) of other vegetation present before management operations shall be left standing. If either the County or the landowner requests, they may agree, after an on-the-ground inspection, to increase these percentages to protect special habitat values. (Former Section CZ#A314-63(G)(2)(g)(i))

canopy shall be permitted only when the canopy has been sufficiently re-established to prevent substantial adverse effects on soil erosion, wildlife, aquatic life, or the beneficial uses of water. These activities shall maintain a tree canopy similar to that which existed upon the completion of the initial thinning or release. (Former Section CZ#A314-63(G)(2)(g)(ii))

thinning, release activities, and site preparation, heavy equipment shall be excluded from any area within fifty (50) feet, measured as a slope distance, from the stream transition line, and shall not be permitted in other portions of the riparian corridor except where justified as the least environmentally damaging feasible alternative. (Former Section CZ#A314-63(G)(2)(g)(iii))

Forestry which are applicable to the protection of aquatic life and water quality. (Former Section CZ#A314-63(G)(2)(g)(iv))

subsections 33.1.7.2.7.1 through 33.1.7.2.7.4, shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(g)(v))

and one-half (4½) feet vertically above the ground, or greater, provided that timber harvest practices shall be consistent with those permitted by the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(h))

minimized, where feasible, by rights of way which cross streams at right angles, which are kept as far up slope from the stream as possible, which involve a minimum of slope disturbance and vegetative clearing, and are the minimum width necessary. (Ord. 2277, § 1, 8/27/2002)

that are shown to be Class I or Class II, provided that a minimum 200 foot buffer of woody riparian vegetation remains between the boundaries of converted areas and the stream transition line. (Former Section CZ#A314-63(G)(3))

The bank protection measures permitted are

listed below in order of preference. The measures chosen for any bank protection project shall employ the highest-ranked protection measures wherever feasible. The preference ranking for permitted protection measures shall be as follows: (Former Section CZ#A314-63.1(B))

A Coastal Development Permit for development or activity within stream channels and

riparian corridors shall be approved only if the applicable Resource Protection and Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-63(H))

The best feasible measures to mitigate adverse environmental effects of

development within riparian corridors shall be provided, and shall, at a minimum, include the following: (Former Section CZ#A314-63(I))

guaranteeing re-establishment of natural vegetation within two years (2yr). The mitigation plan for replanting and/or bonding shall be approved by the Hearing Officer. (Former Section CZ#A314-63(I)(1))

protection; (Former Section CZ#A314-63(I)(2))

osprey, herons or egrets. (Former Section CZ#A314-63(I)(3))

Bank protection projects employing rock hard

points or continuous revetment shall incorporate, at a minimum, the following mitigation measures: (Former Section CZ#A314-63.1(C))

fisheries, wildlife and recreation; (Former Section CZ#A314-63.1(C)(1))

to two hundred (200) feet landward of the bank protection project throughout its length. (Former Section CZ#A314-63.1(C)(2)) 313-34 “S” Combining Zone Designations