[Ord. No. 04-05, 5-13-2004]
A. This
stream buffer setback Chapter is intended to protect and maintain
the native vegetation along all streams within Cass County's jurisdictional
authority. This Chapter establishes:
1. Minimal acceptable requirements for the design of buffers to protect
the streams, wetlands and floodplains of Cass County.
2. Protects the water quality of watercourses, reservoirs, lakes and
other significant water resources within Cass County.
3. Protects Cass County's riparian and aquatic ecosystems and to provide
for the environmentally sound use of Cass County's land resources.
[Ord. No. 04-05 §A, 5-13-2004]
No structure shall be constructed within fifty (50) feet of
the stream bank or in no case within one hundred (100) feet of the
centerline of an active stream.
[Ord. No. 04-05 §B, 5-13-2004]
Stormwater drainage construction may occur within the one hundred
(100) feet setback requirement, if approved.
[Ord. No. 04-05 §C, 5-13-2004]
A. The
following land use and/or activities are designed as potential water
pollution hazards and must be set back from any active stream channel
or water body by the distance indicated below:
1. Storage of hazardous substances — one hundred fifty (150) feet.
2. Above or below ground petroleum storage facilities — one hundred
fifty (150) feet.
3. Drain fields from on-site sewage disposal and treatment systems-septic
systems — one hundred (100) feet.
4. Raised septic systems — two hundred fifty (250) feet or at
least two (2) feet above the 100-year flood level with two (2) more
feet freeboard.
5. Solid waste landfills or junk yards — three hundred (300) feet.
6. Confined animal feedlot operations — two hundred fifty (250)
feet.
7. Subsurface discharges from a wastewater treatment plant — one
hundred (100) feet.
8. Land applications of bio-solids — one hundred (100) feet.
[Ord. No. 04-05 §D, 5-13-2004]
A. "Active channel" is defined as the area of the stream that
is subject to frequent flows with a duration of at least three (3)
days continuous (approximately once per one and one-half (1½)
years) and that includes the portion of the channel below where the
floodplain flattens.
1. The function of the streamside zone is to protect the physical and
ecological integrity of the stream ecosystem.
2. The streamside zone will begin at the stream bank of the active channel
and extend a minimum of fifty (50) feet from the high bank of any
stream or body of water.
3. Allowable uses within this zone are height restricted to:
a. Flood controls structures.
d. Road crossings where permitted.
[Ord. No. 04-05 §E, 5-13-2004]
A. The
function of the secondary streamside zone is to protect key components
of the stream and to provide a distance between development and the
streamside zone.
B. The
secondary streamside zone will begin at the outer edge of the streamside
zone (Zone 1) and extended a minimum of fifty (50) feet.
C. Allowable
uses within the secondary streamside zone are restricted to:
2. Stormwater management facilities with approvals.
3. Recreational uses approved by Planning and Zoning Department.
4. Targeted vegetation is that of mature native vegetation adapted to
the region.
[Ord. No. 04-05 §F, 5-13-2004]
All plats containing active stream channels shall indicate Zone
1 and Zone 2 and provide a note stating, "There shall be no clearing,
grading, construction or disturbance of vegetation except as permitted
by Cass County".
Any violator of this Chapter shall receive written notice of
the violation and given a specific length of time to remedy the problems.
Failure to do so will constitute a misdemeanor with a minimum penalty
of two hundred fifty dollars ($250.00) per incident or the actual
cost of cleanup, whichever is greater.