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Section 1207.03    Wetland/Stream Corridor Protection

  1. Purpose
    The following requirements and standards are intended to promote, preserve, and
    enhance the important hydrologic, biological, ecological, aesthetic, recreational, and
    educational functions that stream corridors, associated riparian areas, and wetlands
    provide.

  2. Boundary Delineation
    1. Qualified Professional. Stream corridor and wetland area delineation shall be
      performed by a qualified professional that has demonstrated experience
      necessary to conduct site analysis. Delineations shall be subject to the
      approval of the City Manager, City Engineer, and the City Community
      Development Staff.

    2. Stream Corridor Boundaries. Stream corridors shall be delineated at the
      ordinary high-water mark as defined in Chapter 1213 of this Code. Stream
      corridors shall not include ditches that are commonly known to be irrigation
      ditches and that do not contribute to the preservation and enhancement of
      fisheries or wildlife.

    3. Wetland Boundaries.
      Boundary delineation of wetlands shall be established by reference to the
      City of Hudson's Environmental Resource Atlas and the Index of Ecological
      Integrity (ACRT, Inc., 1996), or if a property is not included in the Atlas or
      the Index, or if the Atlas or Index boundary is disputed by either the City or
      applicant, then by using the Corps of Engineers Wetland Delineation Manual,
      Technical Report Y-87-1, dated 1987. Subsequent revisions of the Federal
      Manual shall not be incorporated into this delineation methodology.
      Although the Federal Manual may change in the future, the City will use this
      referenced manual as a basis for wetland determination. The following City
      of Hudson studies shall also be used by reference to establish wetland
      boundaries: Mudbrook, Brandywine and Meadowbrook.

  3. Prohibited Activities
    No person shall engage in any activity that will disturb, remove, fill, drain, dredge,
    clear, destroy, or alter any area, including vegetation, within stream corridors,
    wetlands, and their setbacks, except as may be expressly allowed in this Code.

  4. Compliance with Applicable Federal Wetlands Laws or Regulations
    1. No person shall engage in any activity that will disturb, remove, fill, drain,
      dredge, clear, destroy, or alter any area, including vegetation, within a
      wetland as delineated or would be delineated by the procedures of this
      section, except as may be expressly allowed by this Code.

    2. The City shall not grant final approval to any development or activity,
      including subdivisions, in a wetland that falls within the federal government's
      jurisdiction until all necessary federal approvals and permits have been
      obtained.

  5. Setbacks
    The following setbacks are considered minimum distances:
    1. Stream Corridors. All buildings, accessory structures, parking lots, grading
      and clearing shall be set back from the ordinary high-water mark of stream
      corridors. The minimum setback widths are:
      1. 100 feet on each side of all streams draining an area greater than 20
        square miles, or
      2. 75 feet on each side of all streams draining an area greater than 0.5
        square miles (320 acres) and up to 20 square miles, or
      3. 50 feet on each side of all streams draining an area greater than 0.05
        square miles (32 acres) and up to 0.5 square miles (320 acres).
      4. 30 feet on each side of all streams draining an area less than 0.05
        square miles (32 acres).

    2. Wetlands. All buildings, accessory structures, and parking areas or lots shall
      be set back at least fifty (50) feet horizontally (map distance), from the
      delineated edge of a wetland.

    3. Private Open Space/Landscaping Credit. All setback areas shall be credited
      toward any relevant private open space set-aside requirements or landscaping
      requirements.

  6. Preservation of Vegetation
    All existing vegetation within the steam corridor or wetland setback area shall be
    preserved, and where necessary to provide adequate screening or to repair damaged
    riparian areas, supplemented with additional native planting and landscaping
    approved by the City Community Development Staff.

  7. Exceptions
    The following structures and necessary grading may be excepted from this section
    "Wetland/Stream Corridor Protection" provided construction and the area disturbed
    minimizes impact to the maximum extent feasible: (1) Bridges over streams and the
    setback area; (2) Storm water management wet basins within the setback area when
    native plantings are used.