[Ord. No. 04-05, 5-13-2004]
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:
Minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Cass County.
Protects the water quality of watercourses, reservoirs, lakes and other significant water resources within Cass County.
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]
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:
Storage of hazardous substances — one hundred fifty (150) feet.
Above or below ground petroleum storage facilities — one hundred fifty (150) feet.
Drain fields from on-site sewage disposal and treatment systems-septic systems — one hundred (100) feet.
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.
Solid waste landfills or junk yards — three hundred (300) feet.
Confined animal feedlot operations — two hundred fifty (250) feet.
Subsurface discharges from a wastewater treatment plant — one hundred (100) feet.
Land applications of bio-solids — one hundred (100) feet.
[Ord. No. 04-05 §D, 5-13-2004]
"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.
The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.
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.
[Ord. No. 04-05 §E, 5-13-2004]
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.
The secondary streamside zone will begin at the outer edge of the streamside zone (Zone 1) and extended a minimum of fifty (50) feet.
[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.