062 of 2008 - riparian corridor overlay zoning district 0 08-1
0 07-21
SALT LAKE CITY ORDINANCE
No. 62 of 2008
(Repealing and reenacting Section 21A.34.130 Riparian Overlay District and applying said
district to the above-ground portions of City Creek, Red Butte Creek, Emigration Creek, Parleys
Creek, and the Jordan River)
AN ORDINANCE REPEALING AND REENACTING SECTION 21A.34.130,SALT
LAKE CITY CODE, PERTAINING TO THE RIPARIAN CORRIDOR OVERLAY (RCO)
DISTRICT AND APPLYING THE RCO DISTRICT TO ALL PROPERTY LOCATED
WITHIN ONE HUNDRED (100) FEET OF THE ANNUAL HIGH IN WATER LEVEL OF
CITY CREEK, RED BUTTE CREEK, EMIGRATION CREEK, PARLEYS CREEK, AND
THE JORDAN RIVER, PURSUANT TO PETITION NO. 400-07-18.
WHEREAS, on January 15, 2008, the City Council of Salt Lake City, Utah, passed
Ordinance No. 3 of 2008 enacting Section 21A.34.130, Salt Lake City Code, which established
the Riparian Corridor Overlay (RCO) District to protect and preserve streambed corridors within
the City located along City Creek, Red Butte Creek, Emigration Creek, Parleys Creek; and the
Jordan River; and
WHEREAS, the City Council established a time period of 180 days to further study and
refine RCO District procedures, regulations and standards (collectively, regulations); and
WHEREAS, action has been taken to further study such regulations including (i) a
professionally performed diagnosis of Section 21A.34.130; (ii) further refinement of RCO
regulations; (iii) City Council subcommittee review of proposed amendments to RCO
regulations; and (iv) review of existing and proposed RCO regulations by a cross section of city
residents, business owners, community council representatives, representatives from federal,
state and county agencies, non-profit land/water conservation and preservation organizations and
other interested individuals; and
WHEREAS, the City Council desires to adjust such RCO regulations; and
WHEREAS, the City Council has held public hearings and as part of its deliberations has
taken into consideration citizen testimony, the long-range general plans of the City, and local
master plans.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Repealing and Reenacting Section 21A.34.130, Riparian Corridor
Overlay District. That Section 21A.34.130 of the Salt Lake City Code, pertaining to riparian
corridor regulations, shall be and hereby is repealed and reenacted to read as set forth in the
attached Exhibit"A."
SECTION 2. Amending Application of Riparian Corridor Overlay District. The
Riparian Corridor Overlay District shall be applied to all property located within 100 feet of the
annual high water level of the above-ground portions of City Creek, Red Butte Creek,
Emigration Creek, Parleys Creek, and the Jordan River. The Riparian Corridor Overlay District
shall not apply to any other stream corridor. Any RCO designation shown on the Salt Lake City
Zoning Map which is contrary to the foregoing shall be and hereby is removed from such map.
SECTION 3. Effective Date: This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 22 day of July
, 2008.
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Transmitted to Mayor on July 30, 2008 ZpORA�S
Mayor's Action: X Approved. Vetoed.
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Approved as to form
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NEIL LINDBERG, ATTORNEY
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Bill No. 62 of 2008.
Published: August 'A, 2008.
EXHIBIT A
21A.34.130 RCO Riparian Corridor Overlay District:
A. General Provisions:
1. Purpose Statement: The purpose of the RCO Riparian Corridor Overlay district is to
minimize erosion and stabilize stream banks, improve water quality, preserve fish and
wildlife habitat, moderate stream temperatures, reduce potential for flood damage, as well as
preserve the natural aesthetic value of streams and wetland areas of the City. This overlay
district is intended to provide protection for the following above-ground streams, stream
corridors and associated wetlands east of the Interstate 215 Highway: City Creek, Red Butte
Creek, Emigration Creek, Parleys Creek, and Jordan River. Where these streams flow
through areas already developed on the effective date of this section(January 15, 2008), the
RCO is intended to achieve a reasonable balance between the dual nature of these areas:
natural streams and developed land uses.
2. District Location: The RCO district applies to that portion of any lot or parcel of land
located between the annual high water level (AWHL) of City Creek, Red Butte Creek,
Emigration Creek, Parleys Creek and the Jordan River, where not located below ground, and
a line which is one hundred (100) feet along a horizontal plane from the AHWL. The RCO
district does not apply to any lot or parcel where a stream, with respect to such lot or parcel,
is located entirely below ground in a pipe or covered channel.
3. Applicability: The RCO district regulations set forth in this section supplement
regulations in the underlying base zoning district. RCO regulations shall govern any use or
development conducted within the RCO district unless specifically exempted under the
provisions of this section or another provision of this title.
a. A RCO permit is supplementary to any land use permit authorized under this title.
b. Canals and irrigation ditches are not subject to this section.
c. The Surplus Canal and watercourses west of Interstate 215 are regulated under
Section 21A.34.050, "LC Lowland Conservancy Overlay District", of this title and are
not subject to this section.
4. Relationship to Other Laws: The requirements of the RCO district shall apply in
addition to any other applicable federal, state, county, or city law or regulation.
a. Any use or development within the RCO district shall conform to applicable
provisions of Title 20 (Subdivisions) and this Title 21A(Zoning). Compliance with the
requirements of this section shall not relieve a landowner from compliance with other
applicable provisions of this title except as expressly otherwise set forth in this section.
b. If a landowner obtains a permit for a use or development located within the RCO
district that is entirely within the jurisdiction of a federal or state government agency or
Salt Lake County, then the landowner shall also apply for a riparian protection permit. If
the relevant federal, state, or county agency approves the use or development as in
compliance with the agency's requirements, then the city shall issue the riparian
protection permit subject to compliance with the federal, state, or county approval and
shall not independently review the use or development for compliance with this section.
c. If any portion of a proposed use or development is outside the jurisdiction of a
federal, state, or county agency, then the applicant shall comply with the provisions of
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this section and shall obtain a riparian protection permit if required under the provisions
of this section.
d. Salt Lake County shall not be required to obtain a riparian protection permit for
any County flood control activity authorized by the Utah Code within or along a stream
in the RCO district. However, Salt Lake County shall obtain a riparian protection permit
for any stream restoration and non-flood control development or other use conducted by
the County which is located within the RCO district.
e. Any person who leases federal or state land, or any appurtenant structure or
building located within the RCO district shall obtain a riparian protection permit if
required under the provisions of this section.
f. A City department or agency that conducts a use or development within the RCO
district shall follow the requirements of this section and obtain a riparian protection
permit if required for such use or development.
g. The Depar tiiient of Public Utilities shall develop general permits as needed to
address routine channel maintenance,possible emergency situations, and similar
activities. These general permits shall provide how a particular use or development shall
be conducted to avoid adverse stream corridor impacts and shall include required
mitigation and restoration measures consistent with the provisions of this section. The
process for reviewing and approving a general permit application shall be the same for a
public or private person or entity.
B. Decision-Making Authority:
1. Public Utilities Director: The Public Utilities Director shall be responsible for
implementing and administering the provisions of this section. The Public Utilities Director:
a. May authorize a minor exemption and reasonable use exception to the provisions of
this section as set forth,respectively, in Subsections 21A.34.13006 and C7;
b. May render an administrative interpretation of any provision in this section
pursuant to the procedures set forth in Chapter 21A.12 of this title;
c. May not make any decision involving land use, zoning, subdivision, legal
conformity in a zoning district, historic preservation, restoration, rehabilitation, or
demolition of any structure except as expressly set forth in this section;
d. Shall expedite the permit review process if an applicant reasonably demonstrates
imminent danger to individuals or property is associated with the subject land;
e. May adopt reasonable regulations, including approval of general permits, to
implement the provisions of this section; and
f. May designate one (1) or more staff persons within the department to carry out
these responsibilities. Wherever this section refers to the Director, such reference shall
also include the Director's designee.
2. Public Utilities Advisory Committee: Pursuant to the authority granted in Subsection
2.40.110I of the Salt Lake City Code, the Public Utility Advisory Committee shall hear and
decide any appeal arising from a final decision granting or denying a riparian protection
permit pursuant to procedures set forth in Chapter 21A.16 of this title.
3. Appeal of Decision: Any person adversely affected by any decision of the Public
Utilities Advisory Committee may, within thirty(30) days after the decision is made,present
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to the District Court a petition specifying the grounds on which the person was adversely
affected.
C. Review Process and Procedures: An application for a riparian protection permit shall be
considered and processed as set forth in this subsection.
1. Riparian Protection Permit Application: A complete application shall be submitted
to the Department of Public Utilities and shall contain at least the following information
submitted by the applicant, unless certain information is determined by the Public Utilities
Director to be inapplicable or unnecessary to evaluate the application under the provisions of
this section. The Public Utilities Director may determine, consistent with the requirements of
this section, other application matters such as the scale, quality, and details shown on maps
and plans, and the number of application copies required for submittal.
a. The applicant's name, address, telephone number and interest in the land;
b. The landowner's name, address and telephone number, if different than the
applicant, and the owner's signed consent to the filing of the application;
c. The street address and legal description of the subject land;
d. The zoning classification, boundaries of base and overlay zoning districts, and
present use of the subject land;
e. A complete description of the use or development for which a riparian protection
permit is requested;
f. Plan view and cross sections of the site which show:
i. The riparian corridor boundary with respect to the subject land;
ii. The annual high water line and each setback line from the AHWL (Area A 25',
Area B 50' and Area C 100'), elevation, and slope;
iii. The location and setback of existing and proposed buildings and structures;
iv. Existing and proposed grades;
v. Any non-native or invasive vegetation identified by location, type, and size,
including any area where invasive vegetation is proposed for removal;
vi. 100-year flood plain, past flood hazard areas, geological faults, high
liquefaction areas, and slopes thirty(30)percent or greater;
vii. Habitat of any known threatened or endangered species of aquatic and
terrestrial flora or fauna, if required by the Public Utilities Director;
viii. If wetlands exist on the subject land, a wetlands delineation approved by the
U.S. Army Corps of Engineers; and
ix. Such other and further information or documentation as the Public Utilities
Director may reasonably deem necessary for proper consideration of a particular
application, including but not limited to geotechnical and hydrological reports
required under Subsection 21A.34.130E8.
2. Riparian Corridor Delineation: The riparian corridor shall be delineated at the
annual high water level.
a. When the annual high water level cannot be found, the top of the channel bank may
be substituted if approved by the Public Utilities Director.
b. A boundary location or delineation required under this section shall be prepared by
a licensed professional hydraulic engineer, hydrologist,wetlands scientist, fluvial
geomorphologist, another equivalent qualified environmental science professional, or the
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Public Utilities Department.
c. Any wetland delineation within a stream corridor shall be approved by the U.S.
Army Corps of Engineers prior to submittal of the delineation to the Public Utilities
Director.
d. If a wetland exists within and extends beyond the one hundred(100) feet of the
riparian corridor, the outermost edge of the wetland shall be the outer edge of the riparian
corridor.
3. Determination of Completeness: Upon receipt of an application for a riparian
protection permit, the Public Utilities Director shall make a determination of completeness of
the application pursuant to Section 21A.10.010 of this title.
5. Notice of Applications for Additional Approvals: Whenever in connection with an
application for a riparian protection permit, an applicant is requesting another type of
approval, such as a building permit, subdivision, conditional use permit, variance, special
exception, or change in zoning or land use, each required notice shall include a reference to
all other requested approvals.
6. Minor Exceptions Authorized: Minor exceptions to the provisions of this section
may be approved by the Public Utilities Director as provided in this subsection. A minor
exception may not authorize an exception to a prohibited land use.
a. Criteria: A minor exception shall be approved only if the Public Utilities Director
finds the exception:
i. Is of a technical nature (i.e.,relief from a dimensional or design standard);
ii. Will not authorize a deviation of more than ten (10) percent from an otherwise
applicable numerical standard;
iii. Is required to compensate for some unusual aspect of the site or proposed use
or development generally not shared by landowners in the vicinity;
iv. Supports a goal or objective consistent with any RCO master plan as may be
adopted, subsequent restoration efforts, or the purpose of this section;
v. Will protect sensitive natural resources or better integrate development with the
riparian environment;
vi. Will avoid filling, grading, and construction of retaining walls; and
vii. Is not likely to:
A. Interfere with the use and enjoyment of adjacent land;
B. Create a danger to public health or safety, particularly from flooding or
erosion damage;
C. Change stream bank stability or increase the likelihood of erosion; or
D. Affect water quality;
b. Conditions May Be Required: In granting a minor exception, the Public Utilities
Director may attach any conditions necessary to meet the intent of this section. Any
performance bond required by such conditions shall be administered as provided in this
title and any other applicable provision of the Salt Lake City Code.
c. Time Limit: The Public Utilities Director shall prescribe a time limit within which
action under the minor exception shall begin. Failure to begin such action within the
established time limit shall void the minor exception.
d. Burden of Proof: The applicant shall have the burden of providing evidence to
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support a minor exception request.
7. Reasonable Use Exception: If a landowner believes application of the provisions of
this section would deny all reasonable economic use of the owner's lot or parcel of land, the
owner may request a reasonable use exception pursuant to this subsection. A request for a
reasonable use exception shall be made to the Public Utilities Director and shall include basis
for the owner's reasonable use exception request and any information set forth in Chapter
2.66 of the Salt Lake City Code which the Public Utilities Director deems relevant to the
request.
a. Criteria: The Public Utilities Director shall approve a request for a reasonable use
exception when all of the following criteria are met:
i. The application of the provisions of this section would deny all reasonable
economic use of the land;
ii. No other reasonable economic use of the land would have less impact on the
riparian corridor area;
iii. The impact to the riparian corridor area resulting from granting the reasonable
economic use request is the minimum necessary to allow for reasonable economic use
of the land;
iv. The inability of the applicant to derive reasonable economic use of the land is
not the result of actions by the applicant or the applicant's predecessor;
v. The reasonable economic use exception mitigates the loss of riparian corridor
area functions to the extent reasonably feasible under the facts of the application; and
vi. The reasonable economic use exception only authorizes a permitted or
conditional use authorized by the underlying district and conforms to other applicable
requirements of this title to the extent reasonably feasible under the facts of the
application.
b. Burden of Proof: The applicant shall have the burden of providing evidence to
support a reasonable economic use exception request.
8. Action by Public Utilities Director: Following review of a complete application for a
riparian protection permit, and any request for a minor exception or reasonable use
exception, the Director shall,pursuant to provisions of this section: 1) approve the permit; 2)
approve the permit subject to specific modifications; or 3) deny the permit. A riparian
protection permit for the proposed use or development shall be approved if the Public
Utilities Director determines such action is in accord with the provisions of this section and
meets the following criteria:
a. Construction associated with the use or development is not reasonably anticipated
to result in the discharge of sediment or soil into any storm drain, wetland, water body, or
onto an adjacent lot or parcel; and
b. Except as otherwise required under a reasonable use exception, the proposed use or
development:
i. Will result in equal or better protection for the riparian corridor area,
considering the provisions of this section, as reasonably determined by the Public
Utilities Director; and
ii. Will not occupy more than fifty(50)percent of the total area within Areas A
and B described in Subsection 21A.34.130D2.
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9. Appeal of Decision: Any person adversely affected by a final decision of the Public
Utilities Director may within thirty(30) days after such decision appeal to the Public Utility
Advisory Committee as provided in Subsection 21A.34.130B2.
10. Application Process Flow Chart: The riparian corridor permit application process
is conceptually illustrated in Table 21A.34.130-1 at the end of this section. The provisions of
this section shall prevail over any conflict with the flow chart.
D. Permitted Uses:
1. In General: No person shall engage in any ground-disturbing use or development on a
lot or parcel that will remove, fill, dredge, clear, destroy, armor, terrace, or otherwise alter the
RCO district through manipulation of soil or other material except as allowed by:
a. This section and,where required by this section, the Public Utilities Director; or
b. The U.S. Army Corps of Engineers, Salt Lake County Flood Control, the Utah
State Engineer, or any other government agency with jurisdiction over land in the RCO
district to the extent provided in Subsection 21A.34.130A4.
2. Permitted Use Areas -Developed Land: The following use areas are hereby
established for developed lots or parcels within the RCO district as shown on Illustration A:
a. Area A: a "no disturbance area" located between the annual high water line and
twenty-five (25) feet from the AWHL;
b. Area B: a "structure limit area" located between twenty-five (25) and fifty(50) feet
from the AWHL; and
c. Area C: a"buffer transition area" located between fifty(50) and one hundred(100)
feet from the AWHL.
3. Permitted Use Area- Undeveloped Land: On a one (1) acre or larger undeveloped
lot or parcel within the RCO district, Area A, the "no disturbance area" described above,
shall be extended to one hundred(100) feet from the AHWL.
4. Permitted Use Table-Developed Land: Permitted uses allowed on a developed lot or
parcel within the RCO district are shown on Table 21A.34.130-2. Uses allowed by right are
indicated by the letter "P"; uses which require a riparian protection permit are indicated by
the letters "RPP"; and prohibited uses are indicated by a blank space.
a. Any use or development not shown on this table shall be prohibited unless
authorized by a provision of this section or another applicable provision of this title.
b. Table 21A.34.130-2 is a summary of provisions in this subsection. The text of this
section shall control over anything contrary shown on the table.
Table 21A.34.130-2
Uses Allowed By Area On Developed Lots
Use Area A Area B Area C Comments
Maintenance and use of any lawfully established P P P See Subsection D6
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use,development,or structure existing on
January 15,2008;any use,development,or
structure established thereafter shall be
authorized only as provided in this section
Any action not constituting development or a P P' P
ground-disturbing activity except as otherwise set
forth on this table
Maintenance of existing lawn and garden areas P P P
Herbicide,pesticide and fertilizer application in P P P
accordance with best management practices
Replanting non-invasive vegetation P P P
Maintenance tree pruning P P P
Minor ground-disturbing activity RPP P P See Subsections D7 and
Elb
Manual removal of trash,storm debris,and P P P
fallen,dead,or diseased trees
Invasive plant removal P P P
Planting non-invasive vegetation P P P
Maintenance of existing fence or structure P P P
Pruning or tree removal within utility easement P P P
by responsible entity
Tree removal and replacement P P P Permitted with some
exceptions;see Subsection
E4
Activities approved by U.S. Corps of Engineers P P P See Subsection D7g
or State Engineer
Open fence,new P P P See Subsections D8 and
E1b
Open patio/deck RPP P P
Minimal grading P P See Subsection D8
Compost from yard debris P P
Mechanized removal of fallen, dead,or diseased P P
trees
Use or development allowed by underlying P See Subsection D9
district
Commercial parking lot Not permitted;see
Subsection D9
Leach field,storm water retention pond,and
detention basin
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Public utilities work RPP/P RPP/P RPP/P See Subsection Dl i
New construction or maintenance of access RPP P P See Subsection El,
stairs, landscape walls,and paths particularly Elb for
permitted new construction
Low impact stream crossing RPP
Maintenance of existing irrigation and flood P RPP RPP
control device
Installation and maintenance of erosion control RPP RPP RPP
device
Building replacement and expansion RPP RPP P See Subsection E2
Removal of debris or trees with heavy equipment RPP RPP RPP See Subsection E3 and E4
Trail on publicly-owned right-of-way RPP RPP P See Subsection E9
5. Permitted Use Table- Undeveloped Land: Permitted uses allowed on an
undeveloped lot or parcel within the RCO district are shown on Table 21A.34.130-3. Uses
allowed by right are indicated by the letter"P"; uses which require a riparian protection
permit are indicated by the letters "RPP"; and prohibited uses are indicated by a blank space.
a. Any use or development not shown on this table shall be prohibited unless
authorized by a provision of this section or another applicable provision of this title.
b. Table 21A.34.130-2 is a summary of provisions in this subsection. The text of this
section shall control over anything contrary shown on the table.
Table 21A.34.130-3
Uses Allowed On Undeveloped Land
Use Area A (100' Comments
setback area)
Maintenance and use of any lawfully established P See Subsection D6
structure or use existing on January 15,2008;any use,
development,or structure established thereafter shall be
authorized only as provided in this section
Any action not constituting development or a ground- P
disturbing activity except as otherwise set forth on this
table
Maintenance of existing lawn and garden areas P
Herbicide,pesticide and fertilizer application in P
accordance with best management practices
Replanting non-invasive vegetation P
Maintenance tree pruning P
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Minor ground-disturbing activity P See Subsections D7,Elb and
E4
Manual removal of trash,storm debris,and fallen,dead, P
or diseased trees
Pruning or tree removal within utility easement by P
responsible entity
Tree removal or replacement P
Invasive plant removal P
Planting non-invasive vegetation P
Maintenance of existing fence or structure P
Activities approved by U.S. Corps of Engineers or State P See Subsection D7g
Engineer
Commercial parking lot Not permitted;see Subsection
D9
Leach field, storm water retention pond,and detention
basin
Public utilities work RPP/P See Subsection D l i
Trail on publicly-owned right-of-way RPP See Subsection E9
6. Uses Allowed by Right on Developed Land-All Areas: The following uses may be
conducted on a lot or parcel within Area A,B, or C without a riparian protection permit:
a. Maintenance and use of any lawfully established structure or use existing on
January 15, 2008; any use, development, or structure established thereafter shall be
authorized only as provided in this section;
b. Maintenance of lawns and gardens, including benches and pathways;
c. Application of herbicide,pesticide, and fertilizer, subject to applicable state and
federal regulations and in accordance with best management practices identified by the
Department of Public Utilities;
d. Replanting of vegetation with non-invasive species identified by the Public
Utilities Director;
e. Maintenance pruning of existing trees; and
f. Any other activity which is not a development or other ground-disturbing activity.
7. Uses Allowed by Right on Developed or Undeveloped Land- Area A: The
following minor ground-disturbing activities shall be allowed by right in a residential district
on a developed or undeveloped lot or parcel within Area A without a riparian protection
permit:
a. Manual removal of trash, storm debris, and fallen, diseased, or dead trees or other
vegetation by the landowner;
b. Pruning or removal of trees within a utility easement by the responsible entity;
c. Tree removal and replacement as provided in Subsection 21A.34.130E4;
d. Removal of invasive plants;
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e. Planting of noninvasive vegetation shown on a list of approved and prohibited
vegetation within riparian protection areas published by Department of Public Utilities
and/or the urban forester;
f. Maintenance of an existing fence or structure within the original footprint if:
i. Further stream bank armoring is not required; and
ii. Soil is not unstable due steep slope movement; and
g. Construction activities approved by the U.S. Army Corps of Engineers under the
Federal Clean Water Act or the River and Harbors Act, or by the Utah State Engineer
under the Stream Alteration Permit Program as set forth in Subsection 21A.34.130A4.
8. Uses Allowed by Right on Developed Land-Area B: Uses allowed within Area B
on a developed lot or parcel without a riparian protection permit include:
a. Any use described in Subsection 21A.34.130D4;
b. Open fencing approved under a general permit promulgated by the Public Utilities
Director;
c. Construction of open patios which do not involve an existing grade change of more
than two (2) feet and decks which are not higher than two (2) feet above grade.
d. Minimal grading;
e. Compost from yard debris; and
f. Mechanized removal of fallen, dead, or diseased trees as provided in Subsection
21A.34.130E4.
9. Uses Allowed by Right on Developed Land-Area C: Uses allowed within Area C
on a developed lot or parcel without a riparian protection permit include any use or
development allowed by the underlying district or as set forth in Subsections 21A.34.130D7
and D8, or Subsection 21A.34.130E1b, except a leach field, storm water retention pond,
detention basin, or commercial parking lot.
10. Uses Allowed by Right on Undeveloped Land: Uses allowed on undeveloped land
shall be as authorized by the underlying base zoning district, except within residential
districts, the research park district,public lands districts, and the institutional and urban
institutional district. Within such districts the following shall apply:
a. The one hundred(100) foot non-disturbance area requirement as described in
Subsection 21A.34.130D3; and
b. The use and development standards set forth in Subsection 21A.34.130E.
11. Public Utilities Work: In addition to the uses listed on the foregoing tables, the City
may complete work within the RCO district as provided in this subsection.
a. Emergency Work: Emergency work to protect an immediate threat to life or land
is allowed without a riparian protection permit.
i. The City department undertaking the work shall notify the Public Utilities
Director of activity within twenty-four(24) hours thereafter.
ii. Any stream channel or riparian area damaged as a result of City work shall be
restored. The Department of Public Utilities shall issue a riparian protection permit
for such restoration work and shall inspect and approve the work undertaken.
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iii. Temporary emergency structures, sand bags, and other emergency-related
materials shall be removed from the site in timely manner.
b. Other Work: The following work may be undertaken within a riparian corridor
protection area subject to the issuance of a riparian protection permit as provided in this
subsection:
i. Matters of public safety;
ii. Work to protect life or property in an emergency;
iii. Flood control;
iv. Channel or riparian restoration;
v. Maintenance, including storm drainage system, irrigation structures, utility and
street work;
vi. Public utilities projects approved by the Department of Public Utilities,
including but not limited to new utility or street work; bridge maintenance, repair,
replacement, or new construction; public trails, such as bike and pedestrian paths
located on publicly-owned land;
vii. Public gathering places such as amphitheaters and gazebos located on
publicly-owned land;
viii. Maintenance access roads; and
ix. Utility service devices such as storm water lift stations and irrigation
structures.
c. Equipment: Plans submitted for a riparian protection permit shall include a
description of equipment to be used for any work proposed. Such equipment shall be
sufficiently sized for the task and chosen to minimize any impact to a stream channel and
the riparian corridor area.
d. Construction Design Standards: The Department of Public Utilities shall develop
construction design standards applicable to projects approved under this subsection.
E. Use and Development Standards: Other uses and development standards within the
RCO district shall be conducted as provided in this subsection and shall be consistent with any
RCO Master Plan as may be adopted.
1. Area A: Development within Area A shall conform to the standards set forth in this
subsection.
a. Developed Lot in a Residential District: On a developed lot in a residential
district, no new construction shall occur closer than twenty five (25) feet to the annual
high water level, except as permitted by this subsection.
b. Allowed Minor Ground-Disturbing Activities: The following activities shall be
allowed in a residential district within Area A if heavy equipment is not used and as
provided by a riparian protection permit:
i. New construction or maintenance of access stairs, landscape walls; and/or paths
between vertical levels within Area A and no more than one (1)per level in terraced
areas;
ii. An open permeable patio or deck not located within a streambed and
constructed in a manner that:
A. Will not impede any high water flow above the AHWL;
11
B. Does not change existing grade; and
C. Is not greater than one hundred fifty(150) square feet;
iii. Low impact stream crossings;
iv. Construction of open fences,beyond the AWHL in any area within the RCO
district, if approved by the Public Utilities Director or as authorized by a general
permit promulgated by the Director;
v. Maintenance of existing irrigation and flood control devices; and
vi. Installation and maintenance of erosion control devices, approved, if
necessary,by the U.S. Army Corps of Engineers, Salt Lake County Flood Control,
the Utah State Engineer or any other government authority with jurisdiction. Such
erosion controls may include armoring, if, as reasonably determined by the approving
authority:
A. The armoring is authorized or required by the Public Utilities Director
and/or one (1) or more of the foregoing government authorities;
B. The armoring is necessary to protect the structural integrity of an existing
structure on the land or significant loss of land area due to erosion;
C. The landowner has reasonably exhausted less intrusive methods to prevent
significant land damage;
D. The armoring is placed only where necessary to prevent significant land
damage in the foreseeable future; and
E. The proposed armoring will not negatively impact other adjacent or
downstream land.
2. Area B: Replacement, rebuilding, or expansion of a building within Areas A and B
shall conform to the standards set forth in this subsection.
a. Replacement Buildings: Replacement or rebuilding of a preexisting structure in
Area A and/or B shall require a riparian protection permit and is allowed, consistent with
the continuation of nonconforming uses and noncomplying structures as set forth in
Subsection 21A.38.050 of this title, if:
i. The structure replaces a preexisting structure with the same type of structure or
a structure of lesser impact pursuant to underlying zoning district standards;
ii. No portion of the footprint of the new structure is any nearer to the AHWL
than the nearest point of the preexisting structure to the AHWL;
iii. The total square footage of the portion of the footprint of the new structure to
be located within Area A and/or B does not exceed the total square footage of the
footprint of the old structure as it was located within Area A and/or B;
iv. The new structure:
A. Does not require further armoring of the stream bank; and
B. Is not located in any unstable area due to movement of a steep slope,
unstable soils, or geological activity along a fault that will not support the
structural footprint; and
C. Complies with applicable requirements of the underlying zoning district
and any other applicable City regulation except as otherwise set forth in this
section.
b. Building Expansion: Notwithstanding any other provision of this title to the
12
contrary, an existing structure (not including a deck, patio, or similar structure)may be
expanded by up to twenty-five (25)percent in Area A or B as provided by a riparian
protection permit if such expansion does not result in any structure being built closer to
the AHWL than any portion of the existing structure.
i. The foregoing rule shall also apply to a replacement structure.
ii. As a tradeoff for allowing expansion or replacement with a larger structure, the
Public Utilities Director shall require, as a condition of the riparian protection permit,
that the landowner spend five (5)percent of the project cost on stream bank
restoration or specify a minimum number of lineal feet of stream bank that shall be
restored based on the size of the expansion and consistent with any RCO Master Plan
as may be adopted and any subsequent restoration project applicable to the entire
stream corridor.
3. Use of Heavy Equipment in Areas A and B: Heavy equipment may be used in Area
A and B as provided by a riparian protection permit issued pursuant to standards promulgated
by the Public Utilities Director to minimize and mitigate impacts from the use thereof, and
subject to any applicable federal, state, and county requirements.
4. Tree Removal and Replacement: Trees located in Area A, B, or C which are fallen,
diseased, or dead, or which are less than two (2) inches in caliper, may be removed without a
riparian protection permit so long as replacement trees are planted in the same area.
a. Trees which are removed shall be replaced as follows:
i. For trees six (6) inch in caliper or less: 1:1;
ii. For trees six (6) to eight(8) inches in caliper: 2:1; and
iii. For trees eight(8) inches or greater in caliper: 3:1.
iv. Any replacement tree which does not survive for at least one (1) year shall be
replaced again.
b. Removal of live trees is prohibited without approval from the Public Utilities
Director. In determining whether a live tree should be removed, the Director shall
consult with the Zoning Administrator and the Urban Forester.
c. Replacement trees shall be an approved species and size shown on the list of
approved and prohibited vegetation within riparian protection areas published by
Department of Public Utilities and/or the Urban Forester and shall have the following
minimum size:
i. Deciduous trees shall have a minimum trunk size of two (2) inches in
caliper, and
ii. Evergreen trees shall have a minimum size of five feet (5) in height.
d. Any tree which is more than two (2) inches in caliper shall not be removed unless
authorized by a riparian protection permit.
e. The Director may promulgate a general permit for tree stump removal in any area
within the RCO district. Removal of any tree stump located within twenty-five (25) feet
of the annual high water line shall be approved by the Urban Forrester.
5. Development on Undeveloped Residential Lots or Parcels: Development on an
undeveloped residential lot or parcel which is one (1) acre or larger and located within Area
13
A, B, or C shall meet the requirements of this subsection.
a. The no-disturbance setback for such lots shall be shall be increased to one hundred
(100) feet.
i. If the depth of the lot or parcel is less than two hundred(200) feet, then the
setback shall be reduced by the ratio of the actual lot depth to two hundred(200) feet.
ii. The development potential (density) located within Area B and C may be
transferred to the balance of the subject lot or parcel and the minimum lot size in the
zoning district may be reduced by the Zoning Administrator, on advice and
consultation with the Public Utilities Director, to accommodate such additional
density. In the alternative, the development potential (density) may be applied to an
adjacent lot or parcel within the control or ownership of the applicant.
b. When a new structure is proposed to be constructed on a lot or parcel with a
reduced setback as a result of this subsection, the Zoning Administrator, on advice and
consultation with the Public Utilities Director, may reduce required front and side yard
setbacks by a factor of twenty-five (25)percent; provided, however, that the setback shall
not be reduced by more than the ratio calculated under Subsection 21A.34.130E5aii.
c. In all cases the minimum non-disturbance setback shall be at least fifty(50) feet.
6. Development in Nonresidential Districts: A required setback on a lot or parcel
located in a nonresidential district may be reduced to allow development within twenty-five
(25) feet of a stream if the stream is daylighted as provided in Subsection 21A.34.130E7.
7. Incentives for Stream Bank Restoration or Daylighting in Nonresidential
Districts: Any applicant for a project that daylights a stream or completes a City-approved
stream bank restoration program for at least fifty(50) feet along a stream in a riparian
corridor shall be allowed to build within twenty-five (25) feet of the AHWL, subject to a
riparian protection permit approved by the Public Utilities Director, so long as the applicant:
i. Incorporates best practice storm water management facilities to reduce water
pollution as specified by the Public Utilities Director;
ii. Agrees to monitor and control trash, litter, and other pollutants along the
stream; and
iii. Installs an amenity in the corridor such as a plaza, benches, trail, and/or
sidewalk that is open to and accessible by the public.
8. Steep Slope and Soil Stability Standards: As part of a riparian protection permit, the
Public Utilities Director may require a geotechnical report and impose greater setbacks for
structures or buildings from the structure limit line to ensure safety. When unstable soils are
suspected, regardless of the slope, the Public Utilities Director may require a geotechnical
report, increase the no disturbance line, and impose greater setbacks for a structure or
building from the structure limit line to ensure safety.
a. Replacement or repair of an existing retaining structure shall require a riparian
protection permit.
b. Each proposed project shall be reviewed on an individual basis.
9. Trails: Trails may be established along a publicly-owned right-of-way within any area
14
located in the RCO district.
a. A riparian protection permit shall be required for a trail located in Area A.
b. Public access to private land adjoining a stream channel shall be prohibited unless
authorized by the landowner or pursuant to an access easement.
F. Definitions: For the purpose of this section the following words and terms shall be
defined as forth below and shall apply in addition to terms defined in Chapter 21A.62 of this
title.
"Annual high water level (AHWL)" means the average (mean) elevation of City Creek,
Red Butte Creek, Emigration Creek,Parleys Creek, and the Jordan River occurring during a
calendar year as indicated by fresh silt or sand deposits, the presence of litter and debris, or
other characteristics indicative of a high water level.
"Armoring" means material such as rock, concrete or stone-filled gabion baskets placed
along a stream bank to prevent erosion.
"Bank" means the confining sides of a natural stream channel, including the adjacent
complex that provides stability, erosion resistance, and aquatic habitat.
"Best management practices" (also known as "BMPs")means the utilization of methods,
techniques, or products demonstrated to be the most effective and reliable in minimizing
adverse impacts on water bodies and the adjacent stream corridors.
"Channel" means the bed and banks of a natural stream or river.
"Daylighting" means restoring a piped drainage system to an open, natural condition.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of land into
parcels by any person. The following activities or uses shall be taken for the purposes of
these regulations to involve "development":
a. The construction of any principal building or structure;
b. Increase in the intensity of use of land, such as an increase in the number of
dwelling units or an increase in nonresidential use intensity that requires additional
parking;
c. Alteration of a shore or bank of a creek,pond, river, stream, lake or other
waterway;
d. Commencement of drilling(except to obtain soil samples), the driving of piles, or
excavation on a parcel of land;
e. Demolition of a structure;
f. Clearing of land as an adjunct of construction, including clearing or removal of
vegetation and including any significant disturbance of vegetation or soil manipulation;
and
g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land; and
h. For the purpose of this section, any ground-disturbing activity.
The following operations or uses shall not be taken for the purpose of these regulations to
involve "development":
a. Work by a highway or road agency or railroad company for the maintenance of a
road or railroad track, if the work is carried out on land within the boundaries of the right-
of-way;
b. Utility installations as stated in Subsection 21A.02.050B of this title;
15
c. Landscaping for residential uses; and
d. Work involving the maintenance of existing landscaped areas and existing rights-
of-way such as setbacks and other planting areas.
"Erosion" means the process by which a ground surface is worn away by wind, water,
ice, gravity, artificial means, or land disturbance.
"Erosion control" means a construction method, structure, or other measure undertaken to
limit the detachment or movement of soil, rock fragments, or vegetation by water,wind, ice,
and/or gravity.
"Flood hazard area" means an area with a high flood potential as determined by the
Federal Emergency Management Agency.
"Flood plain" means the area likely to be inundated by water when the flow within a
stream channel exceeds bankfull discharge stage.
"Footprint" means the area under a structure at ground at grade level.
"General permit" means a permit for a category of uses with similar characteristics
authorized by the Public Utilities Director.
"Grading" means any act by which soil is cleared, stripped, moved, leveled, stockpiled, or
any combination thereof, and includes the conditions that result from that act.
"Ground-disturbing activity" means removing, filling, dredging, clearing, destroying,
armoring, terracing or otherwise altering an area through manipulation of soil or other
material.
"Habitat" means the physical environment utilized by a particular species, or species
population.
"Heavy equipment" means a vehicle or machine designed for construction or earth
moving work including, but not limited to, a backhoe,bulldozer, compactor, crane, dump
truck, excavator, front loader, grader, scraper, skid-steer loader, or tractor.
"High liquefaction potential" means soil conditions where an earthquake with a fifty(50)
percent probability of occurring within a 100-year period will be strong enough to cause
liquefaction.
"Invasive species" means a usually non-native species that is highly successful in a new
habitat and whose presence is significantly detrimental to native species.
"Leach field" means a porous soil area, through which septic tank leach lines run,
emptying treated waste.
"Liquefaction" means the strength and stiffness of saturated soil is reduced by earthquake
shaking.
"Low-impact stream crossing" means a walkway which does not impede the flow of
water in a stream channel during a period of high water flow.
"Minimal grading" means movement of soil with hand tools which does not change the
existing elevation by more than one(1) foot.
"Native vegetation" means one (1) or more plant species indigenous to a particular area.
"No disturbance line" means that line which is located twenty-five(25) feet from the
AHWL as shown on Illustration A.
"One hundred foot (100') buffer line" means that line located one hundred (100) feet from
the AHWL as shown on Illustration A.
"One hundred year flood plain" means an area adjoining a river or stream likely to be
inundated during a flood having a magnitude expected to be equaled or exceeded once in
16
one-hundred (100) years on average.
"Open fence" means an artificially constructed barrier that allows light transmission and
visibility through at least fifty(50)percent of the fence.
"Open permeable patio or deck" means a patio or deck which does not impede the flow of
water in a stream channel during a period of high water flow.
"Overlay district" - See Section 21A.62.040 of this title.
"Public Utilities Director" means the duly appointed individual serving as director of the
Salt Lake City Department of Public Utilities.
"Riparian area" means an area including a stream channel or wetland, and the adjacent
land where the vegetation complex and microclimate conditions are products of the
combined presence and influence of perennial and/or intermittent water, associated high
water tables, and soils that exhibit some wetness characteristics.
"Riparian corridor" means a one hundred(100) foot wide stream corridor measured from
the annual high water level (AHWL) of the adjacent stream or wetland, which has a total
width of at least two hundred(200) feet plus the width of the stream bed plus any adjacent
wetland.
"Riparian protection permit" means a permit issued by the Public Utilities Director
containing conditions which regulate or prohibit development under the provisions of this
section.
"Riparian setback" means the area between the annual high water level of a stream and a
line parallel to the stream which is a defined distance from the AHWL.
"Storm water detention basin" means an artificial flow control structure used to contain
flood water for a limited period of a time to provide protection for areas downstream during
peak periods of rain or melting snow.
"Stream" means City Creek, Red Butte Creek, Emigration Creek, Parleys Creek and the
Jordan River.
"Stream corridor" means a stream and adjacent land within a defined distance from the
stream.
"Structure" means anything constructed or erected with a fixed location on the ground or
in/over the water bodies in the City. Structure includes, but is not limited to, buildings,
fences, walls, signs, and piers and docks, along with any objects permanently attached to the
structure.
"Structure limit line" means that line which is located fifty(50) feet from the AHWL as
shown on Illustration A.
"Unstable soil" means soil on a slope of greater than thirty(30) percent which is likely to
move unless stability measures are undertaken to prevent such movement.
"Wetland" means those areas inundated or saturated by surface or ground 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.
Wetlands generally include swamps, marshes, bogs, and similar areas.
G. Measurements:
1. All distances noted in this section shall be measured along a horizontal plane from the
17
annual high water level to the applicable riparian boundary line, property line, edge of
building or structure, or other point. These distances are not measured by following the
topography of the land. Consequently, on steeply sloped topography the measured over-
ground distance may not accurately reflect the distances specified in the permits and
conditions specified in this section.
2. When any distance measurement results in a fractional number, the required distance
shall be measured to the nearest foot. Any fraction less than one-half foot shall be
disregarded and fractions of one-half foot or larger shall be included in the measurement.
3. When measuring a required minimum distance, the measurement shall be made at the
shortest distance between the two points and perpendicular to the riparian setback line.
18
Illustration A
100'Riparian Corridor vreP -: .4'''4'k''', ..1•:..''''''' '. -
,,,.4,,.. . ,-,:,,,j,,, •.....14..- ''':'7,,e .;;
''
IEEtiO/T1:' SIIIIIIP
:e nta '
i -. rr..&,,,i,...— „,-,•;,x4,,,-,..,:.
sY
•., ,, .,-.•• ".A.t.t., ,-,;xi:2 '''
.; ..-. .• N'..:PON'''' .- '''..;‘;-te-1.7'.4';', 054' i '':,'-- -'0,,ftitft'At'li - ';'I : ,-,f- •"'„,*-4::',;4f.'.,f,",::;;4,--.ti-Mtt,-,0...;,,e. z
„,;:,: ,,,. , ,,', e 4*::`,M,-?:,..*PIZZ A4:**.3 ' -;;;<;;;; ''.:`:-!'. "f:•,';': et.,-.!;:.ii-‘4.!•.,-.-vLs4 3
'.. v•-'vt-', ,,,,-,.,„ -,„:..-4,4
A. ••-• ,•:. ,.*,,, • , - ' 4: .7i. "•;;,•41.),:.'; ...-.,,,,", ' .;',..A`;'' ''i-.:.1',"?•14A g
Area A ' -,,''.-1'..0-,e,Area B .;:P.,:.a "4.2.--..- Area C
1.--: 'I,:57 ' i •• 4 ;„;i:i",' -.i, .raf. 0 i
'k
'...!=,.'..';,4.;:.-,. _k,,,,,k '..• op..".4-14gt,„,.;*,/s. •.- A.,,,64,..:Avt..„4, „.. :, • -2, 4..:4.,47,...; ,,-.1z:',..,..4I•;.t,>„`..,4,„.If0A- ••
. ... • .N.,,,,,,.!-i-,.... ••.4..0,.:,,,V,, - ,4-* X ,,,,,,,r,,,-,e-tt,.W-,,,,...-.2.-.
< / 0
25' 50' 100'
Table 21 A.34.130-1
Application Process Flowchart
j Riparian
Protection Permit Proposed Action within 100 ft of City
not Required— 4---No--- Creek,Red Butte,Emigration,Parleys
Use Base Zoning Creek,or the Jordan River?
Regulations
Yes
i V V
Area"A" Area'B' Area"C"
0-25ft from AHWL 25-50ft from AHWL 50—100 ft from AHWL
No Disturbance Area Minimal Disturbance Area Buffer Transition Area
(Restricted Use of Heavy Equipment) (No New Structures Permitted) (Activities not Prohibited in Areas A and B)
ivities Allowed without Permit
Removal of Trash,Debris,and/or Riparian Riparian
Area"A',as well as New Fencing, Not
Invasive Plants;Pruning,Planting of Protection Protection Leach Field,Stormwater Detention,
Approved Vegetation;and Yes Permit not Open Patio/Deck,Minimal Grading, Yes--a. Permit not Commercial Parking Lot Yes►Permitted by
Maintenance of Fencing Required Compost Mechanized Removal of Required RCO
Dead or Fallen Trees.
No No No
•
•
Permissible Activities Include: New Structure Not Permitted by •
Stairs,Paths,Open Fencing,Small Patios, Proposed? ---Yes—► RCO •
Follow Base Zoning,FEMA, €
Decks,Erosion!Sediment Controls Stormwater Permitting Rules
I I
t No i
Submit Plans to SLC Public Utilities for RCO Submit Plans to SLC Public Utilities for RCO Review
Review
1
Permissible Activities Include:
Rebuilding Pre-Existing Structure with No Increased
} Impact to Riparian Corridor
I