§ 24.25.280. Roads/streets, railroads, and associated bridges and culverts—New and expanded.

Proposed road and railroad crossings of streams, riparian habitat areas, marine riparian habitat areas, riparian and marine management zones, and lake and pond buffers and other important habitats shall follow all applicable local, state, and federal laws and the requirements listed below. These requirements also apply to private access roads.

A.

New road, railroad and bridge crossings of the habitats and buffers listed above shall be prohibited except where there is no alternative for an essential crossing (e.g., to provide access to property where no other access is physically possible or available) with less impact on the important habitat area.

Where the approval authority determines that alternative access with less impact on the important habitat area is physically possible, prior to authorizing a new crossing, the applicant shall demonstrate that the necessary property or easement for the alternative access cannot be obtained at reasonable terms or that the alternative is otherwise cost prohibitive.

B.

Alignment. Roads within habitat areas, where necessary, shall be aligned as follows:

1.

Crossings shall occur, to the extent practical, where they would have the least adverse impact on important habitat. Proposed crossings that would degrade salmonid spawning or rearing areas, priority wildlife habitat, or stands of mature conifer trees (e.g., at least one hundred years old) in riparian areas, shall not be allowed unless the applicant demonstrates to the approval authority's satisfaction that the crossing is essential and that no other crossing location would have less impact on habitat functions. Priority shall be given to protecting salmonid spawning and rearing areas from adverse impact. Crossings shall be located, to the greatest extent practical, to avoid fragmentation of priority habitats (e.g., prairie and oak woodlands).

2.

Road alignments shall, to the extent possible and consistent with this section, avoid bends in the stream, areas with highly erodible soils and landslide prone areas (see Chapter 24.15 TCC, Geologic Hazards), unless the approval authority determines that mitigation measures will allow the project to occur without a net loss of habitat functions or increased public safety risks. (See Chapter 24.20 TCC, Frequently Flooded Areas and Chapter 24.30 TCC, Wetlands).

3.

New roads crossing riparian habitat areas or streams shall be aligned perpendicular to the channel where possible. If that is not possible, they shall be aligned as close as possible to perpendicular at an angle greater than sixty degrees to the centerline of the stream channel. The approval authority may allow a deviation from this standard to avoid impacting high quality riparian habitat (e.g., mature conifers and wetlands associated with streams) or other critical areas if the net effect of the alternative alignment would reduce impact on the affected critical areas or if necessary to preserve public safety. Roads in riparian habitat areas shall not extend parallel to the stream.

4.

The road alignment shall avoid, to the maximum extent practical, conifer trees greater than twelve inches in diameter at four and one-half feet above the ground, measured on the uphill side of the tree and shall stay five feet outside of the dripline of oak trees.

5.

Maintenance roads may be located in utility corridors if the approval authority determines that they are essential and they are located in the least impactive location in the outer half of the habitat area or buffer contiguous to the utility corridor on the side away from any water body. To the maximum extent practicable, access for utility maintenance within riparian habitat areas, marine riparian habitat areas, and pond buffers shall be limited to access points rather than by an access road extending parallel to the water body. The width of the maintenance road shall be minimized; in no event shall it be greater than fifteen feet.

C.

Serve Multiple Properties. Crossings of Type S and F streams shall be aligned, whenever possible, to serve multiple properties and be designed to accommodate conduit for utility lines. The county shall require the applicant for a new road crossing, to the extent legally permissible, to work with the county to provide for a street layout and crossing location that will minimize the need for additional stream crossings in the future to serve surrounding property.

D.

Spacing of Crossings.

1.

Crossings of Type S and F streams shall not be allowed if the number of existing road and utility corridor crossings plus the proposed crossing would equal or exceed two crossings per 0.6 river miles in the affected stream segment, unless:

a.

The approval authority determines that mitigation measures will allow the project to occur without a net loss of stream and riparian habitat functions. (For example, due to removal of an existing stream crossing at another location along the stream or restoration of degraded riparian area); or

b.

The absence of the requested crossing would landlock the property.

2.

The approval authority may require that crossings spaced closer than called for in this subsection be accomplished with a bridge rather than a culvert if it would significantly reduce habitat impacts.

E.

Minimize Crossing Width. Crossings of streams, riparian habitat areas, marine waters, marine riparian habitat areas, and pond or lake buffers shall have the narrowest width possible, consistent with applicable county road standards and protection of public safety. Clearing to accommodate the road shall be minimized, consistent with the protection of the most important habitat, as determined by the approval authority.

F.

Bridge and Culvert Design. The design of stream crossings shall be consistent with the WDFW Fish Passage Design at Road Culverts, 2003, as amended, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as amended. Bridges are preferred on Type S and F waters unless physically infeasible. Culverts approved to be installed on Type S and F streams shall be arch/bottomless or the equivalent that provides comparable fish protection, as determined by the approval authority in consultation with WDFW and others with expertise. Crossing in estuaries shall be designed to avoid interruption of tidal flows. The approval authority may require that crossings in estuaries be accomplished with a bridge rather than a culvert if it would significantly reduce habitat impacts.

G.

Avoidance of Flood Hazards. See Chapter 24.20 TCC.

H.

Logging Roads within Sites Proposed for Development. Crossings of important habitat areas within sites proposed for development that were allowed by a state forest practices permit but which do not meet the requirements of this chapter, and any unlawfully established roads, shall be removed. The former roadbed shall be restored to a condition consistent with the surrounding undisturbed areas. The approval authority may require soil amendment to enable plant survival and drainage in the restored area.

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