20.25H.035 Critical area buffers and structure setbacks

20.25H.035 Critical area buffers and structure setbacks.

A. Critical Area Buffer. The following critical area buffers and structure setbacks are established for each critical area set forth below. For information about modifying required critical area buffers and structure setbacks, see the referenced sections noted in the table.

Critical Area Category or Type	Critical Area Buffer Width		Structure Setback		Modification of Buffer or Setback
Streams
	Undeveloped Site¹	Developed Site¹	Undeveloped Site¹	Developed Site¹
Type S water	100 ft	50 ft	20 ft	50 ft	LUC 20.25H.075 LUC 20.25H.230
Type F water	100 ft	50 ft	20 ft	50 ft	LUC 20.25H.075 LUC 20.25H.230
Type N water	50 ft	25 ft	15 ft	25 ft	LUC 20.25H.075 LUC 20.25H.230
Type O water	25 ft	25 ft	10 ft	None	LUC 20.25H.075 LUC 20.25H.230
Closed segment, regardless of type; Kelsey Creek drainage basin	None	None	50 ft or combined buffer and structure setback required for stream type, whichever is less	50 ft or combined buffer and structure setback required for stream type, whichever is less	LUC 20.25H.075 LUC 20.25H.230
Closed segment, regardless of type; all other drainage basins	None	None	10 ft	10 ft	LUC 20.25H.075 LUC 20.25H.230
Wetlands
	Undeveloped Site²	Developed Site²	Undeveloped Site²	Developed Site²
Category I		As established through previously approved and recorded NGPA or NGPE for wetland through a previously approved Critical Areas Land Use Permit for wetland	20 ft	20 ft from edge of previously approved and recorded NGPA or NGPE	LUC 20.25H.095 LUC 20.25H.230
Natural heritage wetland and bogs – habitat score 8 – 9	225 ft
Natural heritage wetland and bogs – all others	190 ft
Forested wetland	Based on score for habitat
Habitat score of 8 – 9	225 ft
Habitat score of 5 – 7	110 ft
Water quality score of 3 – 4	75 ft
Category II		As established through previously approved and recorded NGPA or NGPE for wetland or through a previously approved Critical Areas Land Use Permit for wetland	20 ft	20 ft from edge of previously approved and recorded NGPA or NGPE	LUC 20.25H.095 LUC 20.25H.230
Habitat score of 8 – 9	225 ft
Habitat score of 5 – 7	110 ft
Water quality score of 3 – 4	75 ft
Category III		As established through previously approved and recorded NGPA or NGPE for wetland or through a previously approved Critical Areas Land Use Permit for wetland	15 ft	15 ft from edge of previously approved and recorded NGPA or NGPE	LUC 20.25H.095 LUC 20.25H.230
Habitat score of 8 – 9	225 ft
Habitat score of 5 – 7	110 ft
Habitat score of 3 – 4	60 ft
Category IV over 2,500 square feet		As established through previously approved and recorded NGPA or NGPE for wetland or through a previously approved Critical Areas Land Use Permit for wetland	None	None	LUC 20.25H.095 LUC 20.25H.230
All	40 ft		None	None	LUC 20.25H.095 LUC 20.25H.230
Geologic Hazard Areas
Landslide hazards	Toe-of-slope: None		Toe-of-slope: Based on site-specific standards		LUC 20.25H.120 LUC 20.25H.230
Landslide hazards	Top-of-slope: 50 ft		Top-of-slope: None		LUC 20.25H.120 LUC 20.25H.230
Steep slopes	Toe-of-slope: None		Toe-of-slope: 75 ft		LUC 20.25H.120 LUC 20.25H.230
Steep slopes	Top-of-slope: 50 ft		Top-of-slope: None		LUC 20.25H.120 LUC 20.25H.230
Seismic hazards	None		None		N/A
Coal mine hazard areas	See LUC 20.25H.130		See LUC 20.25.130		LUC 20.25H.120 LUC 20.25H.230
Habitat Associated with Species of Local Importance
Habitat associated with species of local importance	Only if required for known species on site		None		N/A
Naturally occurring ponds with no other critical area designation	35 ft		None		LUC 20.25H.230
Frequently Flooded Areas
Frequently flooded areas	None		None		N/A

(1)For a definition of “undeveloped site” and “developed site” for sites with streams, see LUC 20.25H.075.C.1.a.

(2)For a definition of “undeveloped site” and “developed site” for sites with wetlands, see LUC 20.25H.095.D.1.a.

B. Buffer and Setback on Sites with Existing Primary Structure(s). Where a primary structure legally established on a site prior to August 1, 2006, encroaches into the critical area buffer or structure setback established in subsection A, the critical area buffer and/or structure setback shall be modified to exclude the footprint of the existing primary structure. Expansion of any existing structure into the critical area buffer or critical area structure setback shall be allowed only pursuant to the provisions of LUC 20.25H.055 (single-family primary structures) or LUC 20.25H.230 (all other primary structures).

(Ord. 6417, 5-21-18, § 22; Ord. 5680, 6-26-06, § 3)