Woodside Municipal Code § 153.440 Stream Corridor Protection

The purposes of this subchapter are:

(A) To retain major stream corridors in their natural state consistent with the objectives of the General Plan;

(B) To retain the scenic aspects of the corridor from streamside and adjacent properties;

(C) To protect fish, riparian vegetation, and wildlife habitat;

(D) To minimize landslides, erosion, siltation, and sedimentation;

(E) To provide for natural drainage;

(F) To protect water quality and stream ecosystems; and

(G) To eliminate or minimize potential flood damages.

(1975 Code, § 9-2.801) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The provisions of this subchapter are intended to apply to those areas designated as stream corridors on the General Plan diagram and other streams, creeks, and waterways as may be designated from time to time by the Planning Commission. For the purposes of this chapter, a stream or creek bank is defined as the point at which the break in slope occurs, and a stream corridor is defined as a horizontal distance of 50 feet, measured from each side of the center line of the stream, or a horizontal distance of 25 feet, measured from the top of the stream or creek bank, whichever is greater. The Planning Commission may establish greater horizontal measurements for specific stream corridors.

(1975 Code, § 9-2.802) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The following uses shall be permitted in the stream corridors designated on the General Plan and other streams, creeks, and waterways as may be designated by the Planning Commission:

(A) Trails; and

(B) Emergency flood control measures, subject to the approval of the Town Engineer.

(1975 Code, § 9-2.803) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The following uses shall be permitted if consistent with the stated purposes of this chapter and subject to the approval of a use permit by the Planning Commission:

(A) Crop and tree farming;

(B) Nurseries;

(C) Bridges and roads;

(D) Utility transmission lines;

(E) Pastures; and

(F) Other uses as determined by the Planning Commission to be of the same general character as those set forth in this section and which will not alter the natural upstream or downstream regimen or impair the current or potential uses of adjacent properties.

(1975 Code, § 9-2.804) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The following limitations shall apply to all uses in stream corridors:

(A) No removal of riparian vegetation shall be permitted under this chapter within the stream corridor, except that required for the Permitted and conditional uses.

(B) No filling of the natural stream corridors or dumping of slash, debris, residue from parking or recreation areas, fertilizers, pesticides, herbicides, or liquid or solid waste shall be permitted.

(C) All agricultural wastes, including manure, shall be kept out of the stream corridor and disposed of in a manner which will prevent drainage from such wastes into the stream corridor.

(D) No channelization or damming of streams or creeks shall be permitted, unless required or allowed by the Planning Commission.

(E) Any alteration of, or work in, the stream corridor shall be subject to the approval of the Planning Commission except the work set forth in division (A) of this section or the removal of material which obstructs the normal flow of water within the stream channel.

(F) No structure, including a fence, shall be permitted within the stream corridor. The cross fencing of the stream corridor shall be permitted subject to the issuance of a permit from the Town Engineer.

(1975 Code, § 9-2.805) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)