Zoneomics Logo
search icon

Douglas City Zoning Code

ARTICLE VIII

ENVIRONMENTAL PROTECTION

Sec. 111-306.- Protected river corridors.

(a)

Under the Mountain and River Corridor Protection Act, the city is required to adopt a corridor protection plan for these river segments in accordance with the minimum criteria contained in the Act and as adopted by the state department of natural resources. The city shall review the provisions of the Act and propose implementation of its provisions by adoption of amendments to its erosion and sedimentation control ordinances, zoning ordinances, building permit requirements, and a septic tank permitting program, as appropriate.

(b)

The river corridor protection area extends from the top of the riverbank on both sides of the river for a distance of 150 feet landward. The top of the riverbank is the uppermost part of the riverbank, usually marked by a break in the slope. All land that lies within this corridor is part of the river corridor protection area.

(c)

A natural vegetative buffer area shall be maintained for a distance of 100 feet on both sides of the river as measured from the riverbanks and all construction within the buffer shall be prohibited.

(Code 1993, pt. III, ch. 8, § 1)

Sec. 111-307. - Watershed protection areas or water resource protection districts.

The water resource protection ordinance protects water resources managed by the water district by regulating modifications, entry, use or access to water district facilities and/or water district easements.

(Code 1993, pt. III, ch. 8, § 2)

Sec. 111-308. - Wetlands protection.

(a)

The purpose of this section is to recognize and require adherence to federal regulations and procedures that govern the development of land that contain wetlands within the city. The regulations contained in this article are created under the requirement of the Clean Water Act (33 USC 1344) ("CWA"). Any city government action does not relieve the landowner from federal or state permitting requirements. In the event of a conflict between or among any provisions of this article, the Clean Water Act or any other ordinance, resolution or regulation of the city, the most restrictive requirement shall apply. It is not the intent to regulate individual properties where activities will not impact wetlands and do not require a land-disturbing permit.

(b)

All wetlands shall be determined by the U.S. Army Corps of Engineers or a qualified environmental engineer.

(c)

If it is determined that jurisdictional wetlands on site will be disturbed, the applicant shall first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers.

(Code 1993, pt. III, ch. 8, § 3)