Section 12A-237 Stream buffer function, vegetation and uses.

    (a)    The stream buffer shall be composed of two distinct zones, each having its own function, allowed vegetation and permitted uses as set forth in this section and as summarized in Table III. The streamside zone will begin and be measured as set forth in Sec. 12A-236(b) and extend away from the ordinary high water mark a distance as shown in Table III.  The outer zone will begin at the outside edge of the streamside zone and extend outward, away from the streamside zone the distances shown in Table III.


Table III.  Stream Buffers  
Streamside Zone  
Outer Zone  
Type I  
Waterway  
Type II  
Waterway  
Type III  
Waterway  
Type I  
Waterway  
Type II  
Waterway  
Type III  
Waterway  
Width  
50  
25  
15  
Width  
50  
25  
15  
Vegetation  
Indigenous Vegetation  
Vegetation  
Type I – Indigenous Vegetation  
Type II – Managed Lawns Permissible  
Type III – Managed Lawns Permissible  
Uses  
Flood control, footpaths, road crossings, utility corridors
Uses  
Biking/hiking paths, flood control, detention/retention structures, utility corridors, storm water BMPs, residential yards, landscaped areas  
Function  
Protect the physical and ecological integrity of the stream ecosystem  
Function  
Protect key components of the stream and filter and slow velocity of water runoff  

    (b)    The width of the streamside zone is set forth in Table III.  The normal width of the outer zone is set forth in Table III but will vary if the stream buffer is increased or decreased on an approved stream buffer plan.

    (c)    The function of the streamside zone is to protect the physical, biological and ecological integrity of the stream ecosystem.  The function of the outer zone is to prevent encroachment into the streamside zone and to filter runoff from residential and commercial development.  

    (d)    Indigenous vegetation must be preserved in the streamside zone and in the outer zone of Type I Streams.  Managed lawns are permitted in the outer zone of Type II and Type III Streams although landowners are encouraged to preserve or plant indigenous vegetation in order to increase the filtering capability of the buffering system.

    (e)    The structures, practices and activities permitted in the streamside zone of the buffer are limited to the following:

    (1)    Roads and bridges.

    (2)    Utilities where no practical alternative exists.

(3)    Paths and recreation trails (but use of the outer zone is preferred).

    (4)    Removal of diseased or dead trees, brush and trash.

    (5)    Removal of debris which could cause flooding.

(6)    Selective (spot) spraying of noxious or other vegetation consistent with recommendations from the city arborist or the Missouri Department of Conservation.

(7)    Water quality monitoring and stream gauging.

(8)    Maintenance of city-approved bank stabilization measures.

    (9)    Maintenance of all city-approved improvements, including utilities.

    (f)    The following practices and activities are specifically prohibited within the streamside zone of the stream buffer, except by the City:

(1)    Clearing of existing vegetation.

(2)    Soil disturbance by grading, stripping, or other practices.

(3)    Filling or dumping.

(4)    Drainage by ditching, underdrains, or other systems.

(5)    Use, storage, or application of pesticides, except as provided for in subsection (e)(6).

(6)    Storage or operation of motorized vehicles, except for maintenance and emergency use approved by the City.

    (7)    Housing, grazing, or other maintenance of livestock.

    (g)    The structures, practices and activities permitted in the outer zone of the buffer are limited to the following:

(1) All uses permitted in the streamside zone,

(2)    Flood control structures,

(3)    Detention and retention structures,

(4)    Utility corridors,

(5)    Storm water BMPs,

(6)    Managed lawns (Type II and III Streams only), and

    (7)    Landscaped areas.
    
    (h)    There shall be no septic systems, permanent structures or impervious cover, with the exception of foot paths, roads, bridges and utilities within the outer zone.  

    (i)    The following activities are specifically prohibited within the outer zone of the stream buffer of Type I Streams, except by the City:

    (1)    Clearing of existing vegetation.

(2)    Soil disturbance by grading, stripping, or other practices.

    (3)    Filling or dumping.

(Ord. No. 19343, § 1, 1-2-07)


(Ord. 19343, Added, 01/02/2007)