7-20-80 River and Stream Corridors and Wetlands

• (a) Site Specific Factors – New Development Activity
  • Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above, a site specific analysis shall be submitted to prove that there is no area on the property that can be used for development outside of the one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code:
    1. Slope;
    2. Geologic Hazard
    3. Severe Wildfire; and
    4. Wildlife Habitat
    • In the event that no developable area exists outside of the 100 foot setback, the applicant shall provide an analysis demonstrating compliance with the following criteria as well as any other criteria specified by Pitkin County, as part of the Site Plan or Activity Envelope application for the proposed development or activity:
      1. Slopes adjacent to the protected feature are less than thirty (30) percent.
      2. Highly erodible soils or unstable stream bank conditions are not present.
      3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
      4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested.
      5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for acquatic environments and riparian area protection do not exist. Or will be unaffected by the proposed activity or development within the setback reduction being requested.
      6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested.
      7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction being requested.
      8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage b preserving storm and flood water storage capacity.
      9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds.
      10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest.
      • If the riparian/wetland setback is reduced under this provision and the setback area shows signs of riparian/wetland vegetation disturbance or removal, the Applicant may be required ot submit a restoration plan for review, approval, and implementation.

(b) Site Specific Factors – Reclamation of Previously Developed Areas

• Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above for purposes of reclaiming a previously-developed area (e.g., removal of concrete rubble, or removal of a paved roadway or parking lot), the application shall include an analysis demonstrating that the proposed reclamation of the site will result in;
  1. A return to natural conditions that better preserves and/or enhances the protected feature and other natural attributes of the site.
  2. Preservation and/or enhancement of any public viewsheds.
  3. Preservation and/or enhancement of any public recreational opportunities associated with the protected feature.
  • The applicant shall also address any other site-specific factors specified by Pitkin County during review of the Site Plan or Activity Envelope for the proposed development or activity.

(c) Variations in Encroachment in Prescribed Setback

• The width of any permitted encroachment into the one hundred (100) foot setback may vary across different portions of a property, and the types of activities or development allowed within the encroachment may also vary on different portions of a property.

(b) General Standards

1. All development and activity involving disturbance of the land shall be prohibited within the setbacks established in subsection (a) above, except as permitted by subsection (c) below.
2. In the event that an application is denied because there is no portion of the site where the proposed activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2-20-180, or relief is granted pursuant to Secs. 2-40-90 or 2-40-150, the proposed development shall be reviewed according to the mitigation standards in subsection (d) below.

(c) River and Stream Corridors and Wetlands Exceptions

1. Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, and flood control structures, may be permitted in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below.
2. Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7-20-40(c)(2)) may also be permitted in riparian and wetland buffer areas upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below.
3. Development on lots in County approved subdivisions with designated building or development envelopes.
4. Development on lots in the Lazy Glen MHP Subdivision/PUD may develop according to setbacks identified in the PUD approval.
5. Development on lots zoned VC or VR in the Redstone Historic Townsite shall maintain a minimum twenty (20) foot setback, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above.
6. Expansion of legal non-conforming structure(s) in the form of added height and bulk, with no changes to existing structure footprint, subject to provisions in Section 9-50-20 (c).
7. Placement and maintenance of improvements for a micro hydroelectric facility may be permitted within riparian/wetland area and associated stream and riparian/wetland setbacks, upon finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. These facilities include:
   • (a) Intake facilities (catch basins, gate valves, sediment tanks);
   • (b) Transmission pipelines of 12” diameter or less;
   • (c) Exposed/anchored or shallow buried;
   • (d) Hydro turbine generator power delivery systems housed in an outbuilding in accordance with Section 4-30-050(k); and
   • (e) Tailraces to return water flow back to a stream.
   • (f) In addition to requirements outlined in subsection (d) below, a site specific analysis shall be submitted for review and approval that identifies riparian, wetland, and in-channel habitat that will be disturbed as a result of construction of the facility and associated infrastructure. A mitigation plan that employs best management practices for restoring such disturbed habitat shall also be submitted for review and approval. A bond shall be collected to ensure revegetation and mitigation occurs.
8. Development on lots in the Little Elk Creek Village Subdivision shall maintain a one-hundred foot (100 ft) setback from the identifiable high water line of Little Elk Creek except in the following circumstances :
   • (a) An owner of a legally created residential structure, or portion thereof, that encroaches partially or completely into the fifty foot (50 ft) setback area from Little Elk Creek may redevelop, reconstruct or replace that portion of the structure which encroaches into the fifty foot (50 ft) setback area in the same footprint configuration as exists prior to the reconstruction, with no additional encroachment allowed into the fifty foot (50 ft) setback.
   • (b) An owner of a legally created residential structure, or portion thereof, that is partially or completely within the area that is at least fifty feet (50 ft.) from Little Elk Creek, but less than one-hundred (100 ft) from Little Elk Creek may redevelop, reconstruct, or replace the structure within this area, with no additional encroachment allowed into the fifty foot (50 ft) setback, but with expansion permitted in the area that is at least fifty (50 ft) from Little Elk Creek.
   • In either of these cases, enhancement of riparian vegetation will be required through the site plan review process. The riparian vegetation enhancement required will be proportional to the extent of the riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure there will be no deleterious effects on existing riparian vegetation.