§ 24.20.165. Frequently flooded areas—Utilities.

A.

New Utility Lines and Facilities in Rights-of-Way. Installation of utility lines and facilities is permitted in existing rights-of-way within frequently flooded areas, channel migration hazard areas and associated buffers, consistent with applicable regulations (see Title 13 and 14, TCC) and the provisions of this chapter. When possible, given physical and technical constraints, utility installation shall occur on the side of the utility corridor or road furthest from the hazard area. In the event that other critical areas are present, the approval authority, in consultation with others with expertise, shall determine where the proposed facilities would have the least impact on the critical areas and associated buffers. Mitigation of any impacts may be required consistent with the provisions of this title.

B.

Individual Service Lines.

1.

Overhead lines and cables serving an individual use are permitted in frequently flooded areas, channel migration hazard areas, and their associated buffers if:

a.

They meet state and federal requirements;

b.

The alignment has the least impact on the critical area and buffer;

c.

They do not adversely impact anadromous fish; and

d.

The alignment meets the requirement of Chapter 14.38 TCC.

2.

Buried service lines serving an individual use are permitted in frequently flooded areas and associated buffers, with the exception of floodways, consistent with this chapter. The construction of utility service lines shall not have more than a temporary adverse impact. The site shall be restored upon completion of the installation.

C.

New Transmission Lines/Utility Corridors.

1.

Where possible, new transmission and distribution lines, and cables crossing frequently flooded areas or buffers shall be contained within an existing roadbed, railroad bed, bridge, elevated walkway, conduit, or other disturbed area where they would have the least adverse impact. If the utility lines will be consolidated with or parallel to an existing utility crossing, they shall be located at the minimum separation distances established by the county for such uses, so long as the minimum distances so established also meet the applicable industry, state and national gas and electric safety standards.

2.

The approval authority shall not authorize a new utility corridor within a frequently flooded area or channel migration hazard area unless the applicant demonstrates that there is no alternative available outside the critical area. When proposing to cross frequently flooded areas and channel migration hazard areas, the applicant shall demonstrate to the approval authority's satisfaction that the crossing is essential and there is no alternative alignment or crossing method. This shall include identification of the alternative alignments, crossing methods (including boring), their feasibility, and potential impacts.

3.

When it is necessary to cross a frequently flooded area or channel migration hazard area, the corridor shall be in compliance with the following standards:

a.

The corridor shall be aligned where it would have the least impact. Where crossing is permitted, the least damaging alternative method and alignment shall be used, including the minimum width practical.

b.

The utility corridor shall provide for other necessary uses and facilities whenever possible. Conduit containing new utilities shall be sized to provide capacity for additional lines and cables in the future when feasible.

c.

If the approval authority determines that overhead lines or lines buried in trenches would be detrimental to dependent fish or wildlife, the proposed crossings shall, when physically feasible, be accomplished by boring beneath the critical area. Entrance and exit portals shall be located outside of the critical area, if possible. Bore pits shall be restored upon project completion.

i.

If trenching or boring is proposed to be used to accommodate utility lines, the applicant shall evaluate its effect on the flow of groundwater. As determined by the review authority, the applicant may be required to submit a hydrological study to determine whether ground water flows would likely be altered to the detriment of the frequently flooded area. The approval authority may call upon technical experts as needed, at the applicant's expense, to evaluate the report.

ii.

Trenching and boring shall not be required/allowed if it would interrupt the ground water connection to the extent that the stream or dependent wildlife would be damaged.

d.

Utility corridors shall be revegetated with appropriate native vegetation, at not less than preconstruction densities. Restoration shall occur immediately upon completion of construction or as soon thereafter as possible due to seasonal constraints or work windows established pursuant to this chapter. The applicant shall submit a performance surety consistent with Chapter 24.70 TCC to ensure that the planted vegetation survives or is replaced.

e.

Staging areas for equipment and materials shall be located outside of the critical area and buffer.

f.

Applicants shall submit a maintenance plan for approval by the county consistent with the provisions of this chapter.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)