§ 8.2.8. Wetland development standards.

A.

The following minimum buffer areas must be established from the boundary of a wetland:

1.

Wetlands of one acre or less—50 feet.

2.

Wetlands of more than one acre—100 feet.

3.

Class 3 and 4 wetlands of any size as delineated on Larimer County Partnership Land Use System Wetland Classification and Protection Program Maps—100 feet.

Note: The buffer widths stated above are based on recommendations from the county's wetland consultant. If credible and competent evidence, including the site inventory, is presented to show that the recommended buffer widths are not appropriate, the county commissioners may approve increased or decreased buffer widths that are supported by the evidence.

B.

Only plant species that are identified by the Larimer County Landscape Guide as being appropriate for riparian life zones can be introduced into any wetland or riparian area, including the required buffer area.

C.

Development proposals that include the keeping of livestock adjacent to wetlands or their buffer areas must include provisions in a use plan for residual land and/or common area conforming to section 8.10 (management plans) that protect the wetland and buffer area from damage due to such livestock.

D.

Utilities may be allowed in the buffer area only if county commissioners determine there is no practical alternative. Any disturbance of the buffer area must be reclaimed by regrading and revegetation. Provisions for reclamation of the disturbed area must be included in the development agreement for the project with adequate collateral to guarantee reclamation will be completed. Utility corridors in buffer areas must be located at the buffer's outside edge and access roads for utility maintenance must be located outside the buffer area. Access for utility maintenance in buffer areas should be at specific points rather than parallel to the utility corridor.

E.

Structures and improvements are prohibited in any wetland except those for educational or scientific activities. Improvements, such as trails, fishing access and wildlife management and viewing, may be permitted in buffer areas with a use plan for residual land and/or common area conforming to section 8.10 (management plans).

F.

The county commissioners may allow roads and bridges across wetlands and buffer areas if they determine that:

1.

No practical alternative exists;

2.

All crossings minimize impact to the wetland and provide mitigation for unavoidable impacts through restoration, enhancement or replacement;

3.

Crossings do not change the overall wetland hydrology;

4.

Crossings do not diminish the flood storage capacity of the wetland; and

5.

Crossings do not negatively impact wildlife.

(Res. No. 11122002R001, 9-23-2002)