Blaine County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 19
WETLANDS OVERLAY DISTRICT WE1
9-19-1: PURPOSE:
The purpose of this district is to identify and protect those lands in the County characterized by marshes, sloughs, poorly drained soils, a high water table or which are covered by natural nonfloodwaters during a significant portion of the year. These lands should be protected from harmful land uses because of their value for fish and waterfowl habitat, for grazing and for stabilizing fluctuations in water levels. (Ord. 2006-18, 11-2-2006)
9-19-2: DEFINITIONS:
The following definition applies to the Wetlands Overlay District:
GEOGRAPHICALLY ISOLATED WETLANDS: | Non-jurisdictional such as isolated wetlands and ephemeral streams not adjacent to waters of the United States. Wetlands, for the purpose of this classification, means an area where three (3) of the following attributes, as defined in the "The Federal Manual for Identifying and Delineating Jurisdictional Wetlands" exist: a) hydrophytic vegetation, b) hydric soils, and c) wetland hydrology. |
WETLANDS: | Those areas of Blaine County that are inundated or saturated by ground or surface 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 and which may support both aquatic and terrestrial species. Wetlands generally include swamps, marshes, bogs and similar areas (Army Corps of Engineers regulation, 33 CFR, 328.3, 1988) and tend to be found in transitional areas between dry land and water where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands, for the purpose of this classification, means an area where three (3) of the following attributes, as defined in the current and future amended editions of "The Federal Manual for Identifying and Delineating Jurisdictional Wetlands" exist: a) hydrophytic vegetation, b) hydric soils, and c) wetland hydrology. (Ord. 2006-18, 11-2-2006; amd. Ord. 2021-14, 9-21-2021) |
9-19-3: DEVELOPABLE DENSITY:
The base density and maximum PUD bonus shall be the same as that assigned to the underlying district. (Ord. 2006-18, 11-2-2006)
9-19-4: PERMITTED USES:
The purpose of this section is to permit the type of activities that can enhance wetlands function and not allow uses that may impede wetlands function. The following uses shall be permitted:
A. The planting of native riparian vegetation with hand equipment (see definition of "hand equipment" in section 9-17-5 of this title).
B. Agricultural purposes on lands used primarily for agriculture.
C. Maintenance of yardscape existing at the time of passage hereof.
D. Activities operating in accordance with a County approved permit. (Ord. 2006-18, 11-2-2006)
9-19-5: CONDITIONAL USES:
A. Disturbance to wetlands and Geographically Isolated Wetlands or within the wetlands or Geographically Isolated Wetlands setback, including driveway crossing or installation of utilities leading to a building site, which are not reasonably feasible elsewhere on the property, shall comply with the requirements of this chapter and all other County, State and Federal requirements. The amount of land disturbance shall be minimized to the smallest area possible. (Ord. 2006-18, 11-2-2006; amd. Ord. 2021-14, 9-21-2021)
9-19-6: DEVELOPMENT STANDARDS:
The following standards shall apply within the wetlands overlay district:
A. No Disturbance In Wetlands and Geographically Isolated Wetlands Or Wetlands and Geographically Isolated Wetlands Setbacks: Except as provided in sections 9-19-4 and 9-19-5 of this chapter, no disturbance of land shall be allowed within the wetlands or wetlands setbacks described in subsection B of this section, including, but not limited to, dumping, filling, dredging, new construction, excavating, substantial improvements or modifications, installation of septic systems, scraping by motorized equipment, removal of vegetation or root systems, or transferring materials that will reduce the natural storage capacity of the land or interfere with the natural flow pattern of any watercourse or degrade the quality of surface or ground water.
B. Wetlands and Geographically Isolated Wetlands Setback: Any development excepting, development within a designated building envelope, within this district shall be subject to a minimum setback of twenty five feet (25'), as measured from the edge of any delineated wetland, outside of a riparian setback, and consisting of an area larger than twenty five (25) square feet. Platted or recognized lots of record under two (2) acres shall be subject to a ten foot (10') minimum setback, as measured from the edge of any delineated wetland, outside of a riparian setback.
C. In A-20 And A-40 Districts: Applicant shall comply with standards for wetlands set forth in subsection 9-5-7E of this title.
D. More Restrictive Setbacks: More restrictive setbacks may be imposed through the subdivision review and conditional use process if site conditions or protection of natural resources so warrant.
E. Variance: When application of this chapter would deny reasonable use of property, an applicant may seek an exception from the standards and requirements of this chapter by means of a variance as provided in chapter 30 of this title. (Ord. 2006-18, 11-2-2006; amd. Ord. 2021-14, 9-21-2021)