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Article VII. Standards for Habitat Protection
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The provisions of this article shall apply in the Special Flood Hazard Area and channel migration zone.

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Activities that do not meet the definition of “development” are allowed in the Special Flood Hazard Area and Protected Area without the need for a floodplain development permit under this chapter, provided all other federal, state and local requirements are met. The following are examples of activities not considered development or “unnatural changes to improved or unimproved real estate.”

A. Routine maintenance of landscaping that does not involve grading, excavation or filling;

B. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

C. Normal maintenance of structures, such as re-roofing and replacing siding, provided such work does not qualify as a substantial improvement;

D. Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles;

E. Underground and above ground utility work located in previously disturbed areas, with no significant vegetation impacts, and will have no appreciable change in grade;

F. Normal maintenance and preservation of public streets and private streets or parking lots (with approval of floodplain administrator), including, but not limited to, filling potholes, patching, crack seal, chip seal, repaving and installing signs and traffic signs, traffic control devices, striping/channelization, pavement markings, repair/replacement of sidewalk/curb and gutter, ADA improvements, nonmotorized improvements, repair of guardrails, repair of retaining walls, management of hazardous trees, fencing repair, lighting repair, but not including expansion of paved areas;

G. Public street improvements with no significant vegetation impacts, and no appreciable change in grade;

H. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility are allowed in the Special Flood Hazard Area without the need for a floodplain development permit. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or the toe or addition for protection on the face or toe with rock armor; and

I. Plowing and other normal flood protection practices (other than structures or filling) on farms in the Special Flood Hazard Area and in existence as of the effective date of the ordinance codified in this chapter do not require a floodplain development permit. Clearing additional land for agriculture after the date of the ordinance codified in this chapter will require a floodplain development permit and a habitat assessment. (Ord. 6761 § 1 (Exh. A), 2020.)