Chapter 4 Generally Applicable Development Standards Part 8 Waterways and Wetlands Protection Page 1 of 2

4.8.1 Purpose & Intent

This Part is intended: (i) to promote, preserve, and enhance the important hydrologic, biological, ecological, aesthetic, recreational, and educational functions that river and stream corridors, lakes and other critical waterways, wetlands, and their associated riparian areas provide in Jefferson County; (ii) to guide development on sites with environmental constraints consistent with the Cornerstone 2020 Comprehensive Plan; (iii) to locate development, where possible, in areas that do not have severe environmental limitations and to protect natural areas and features as a part of development planning, by designating buffer areas that will guide future development adjacent to protected waterways; (iv) to minimize water pollution, including sediment and other pollutants in surface runoff; to promote bank stabilization; to protect riparian wetlands and their wildlife habitats; (v) generally to promote land use policies which will maintain or improve water quality levels; (vi) to implement goals of the Clean Water Act.

The following terms relating to Waterways & Wetlands Protection are included in the Definitions (Chapter 1 Part 2): Top of Bank or Stream Bank, Impervious Surface Area, Land Disturbing Activity, Protected Waterway, Riparian Area, Riparian Vegetation, Riprap, Wetlands

4.8.2 Applicability & Exemptions

1. Applicability.
   
   Unless exempt by subsection B.2 below, this Part shall apply to any land disturbing activity and to all new subdivisions, including the expansion or reconstruction of buildings and impervious surface areas existing on March 1, 2003 that occur within a buffer area of a Protected Waterway.
2. Exemptions.
   
   The following developments shall be exempt from this Part’s standards:
   1. Agricultural Operations as defined in KRS 224.71-100 through 140;
   2. The expansion of the building footprint of a residential building existing on March 1, 2003 when the expansion is less than 50% of the building footprint on said date.
   3. The expansion of the building footprint of a non-residential building existing on March 1, 2003 when the expansion is less than 10% of the building footprint on that date.
   4. A legal lot of record zoned for one and only one single family detached dwelling may be developed (subject to the Development Plan review procedures stated in Chapter 11 Part 6 of this Land Development Code) for one such dwelling provided that the intrusion into the required buffer is the minimum necessary to accommodate the proposed use.
   5. Docks, boat launches, structures which accommodate public water supply intake, water quality treatment plant sewer lines and outfalls, and other uses which, owing to their water dependent nature, cannot be located anywhere but within a designated Buffer Area.

4.8.3 Establishment of Buffer Areas and their Boundaries.

1. Applicability.
   
   Buffer Areas shall be established along Protected Waterways, which shall include the following waterways:

   1. NOTE: In general, lakes formed by impoundment of streams are subject to this regulation.

      Any perennial stream or river (or portion thereof) that is portrayed as solid on the United States Geological Survey 7.5 minute quadrangle maps, of the most recent edition;
   2. Wetlands greater than 0.1 acre and subject to federal jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers; and
   3. Lakes with a permanent pool elevation greater than 3 acres in size if they constitute “waters of the Commonwealth” as defined in KRS 224.
   4. Other water bodies that have been designated through nomination and legislative approval. A water body may be nominated as a Protected Water Body by resolution of the legislative body(ies) or by resolution of the Planning Commission. The Planning Commission shall conduct a public hearing and recommend candidates for designation to the legislative body(ies) with jurisdictional control which shall have final designation authority.
      
      Buffer areas are established by this Part along all protected waterways located in Jefferson County, except that more restrictive buffer areas established in Special Districts pursuant to Chapter 3 of the LDC supersede the requirements of this part.
2. Approval Required.
   
   Specific and final buffer area boundary delineations shall be determined by the Planning Director, or designee.
3. The minimum Buffer Area requirements established by this Part for water bodies other than wetlands are either:
   1. The minimum width as set forth in Table 4.8.1 below. Type A Buffer Areas and the Streamside Zone of Type B Buffer Areas are measured from the top of the bank of the protected stream;
   2. The alternative buffer width and design, approved by the USDA Natural Resources Conservation Service, provided it meets the agency’s standards and specifications for riparian buffers. Sites located in form districts otherwise subject to Type B buffer requirement (Table 4.8.1) are eligible for alternative buffer widths, at the applicant’s discretion,

4.8.4 Modifications or Variances of Buffer Area Boundaries

1. Permitted Minor Modifications from Buffer Area Requirements
   
   A 25% reduction in the buffer width is permitted on a portion of the property if it is offset by an increase of the buffer width on an equal or greater portion of the same property with the result that the average buffer area width for the property is equal to or greater than that specified in Table 1.
2. Variances – Additional Criteria
   1. Buffer Area Requirements are dimensional requirements with respect to which variances may be requested as specified in KRS 100.243. In addition to the applicable criteria for variances provided by statute, the following factors may be considered in such a variance request.
      1. The variance is necessary because the requirements of this section represent an extreme hardship such that minimal or no reasonable economic use of the land is available without reducing the width of the required Buffer Area.
      2. The size, shape, or topography of the property, as of March 1, 2003, is such that it is not possible to construct a single family detached dwelling without encroaching into the required Buffer Area.
      3. Encroachment into the required Buffer Area shall be limited to the minimum necessary to accommodate the proposed use.
      4. The Applicant shall commit, to the satisfaction of the County, to mitigation measures that substantially offset any potential adverse impacts of the proposed encroachment during site preparation, construction, and post-construction.
      5. Approval of the variance will not result in a reduction in water quality.

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