Friday, October 6, 2006

County inches closer to new wetlands laws

Workshop slated for Oct. 10; hearing continued to Oct. 26


By STEVE BENSON
Express Staff Writer

New zoning laws curbing future development in the county's riparian and wetlands areas moved a step closer to approval following close to four hours of review by the Blaine County Commission Wednesday morning.

Commissioners have also been reviewing a measure to downzone public lands in the event of a future sale or transfer into private hands. That ordinance, which would limit development to one unit per 160 acres, will be momentarily set aside so the commissioners can focus on future development in riparian and wetlands areas.

"We might as well worry about getting hit by a meteor," joked Ketchum attorney Barry Luboviski. "You guys have a lot of other things you need to review."

Most of the discussion in Wednesday's meeting focused on several small details in an ordinance proposing the creation of floodplain and riparian setback districts.

The hearing was continued to Oct. 26, but the commissioners will host a public workshop to review some of the changes Oct. 10 at 1:30 p.m. in the Old County Courthouse.

The major highlights of the ordinance include increasing building setbacks along Class 1 streams, which includes the Big Wood River, from 75 feet to 200 feet. Building setbacks along the rest of the county's streams, including the East Fork of the Big Wood River, the Little Wood River, Croy Creek, and smaller waterways such as Silver Creek, would be increased to 100 feet.

But the commissioners are also considering a riparian management plan, which would allow people to build within the setbacks if they can prove that doing so would not impact resources and habitat vital to wetlands and riparian health.

But there would still be minimum setbacks.

For example, if someone could prove that their lot does not contain a vital riparian plant community all the way to the high water mark of the Big Wood River, they will still be subject to a minimum 75-foot setback, which is the current standard.

Likewise, there would be a ceiling on maximum setbacks.

Following are the proposed minimum and maximum riparian setbacks.

· Class 1 streams, including the Big Wood River: 75-foot minimum, 200-foot maximum.

· Class 2 streams (East Fork of the Big Wood River, the Little Wood River, Trail Creek, Warm Springs, Upper Smiley Creek and upper Salmon River): 50-foot minimum, 125-foot maximum.

· Class 3 streams (Croy Creek, Deer Creek, Rock Creek, Fish Creek, Beaver Creek, Fish Creek and the Broadford Slough): 25-foot minimum, 100-foot maximum.

· Class 4 streams (Silver Creek, Grove Creek and Loving Creek): 25-foot minimum, 100-foot maximum.

Commissioner Tom Bowman has expressed concern for months over what constitutes a wetlands area.

"If there is one tree growing in the middle of sage brush, I don't think that's wetlands," Bowman said last month.

On Wednesday, he proposed not enforcing setbacks unless the wetlands area is greater than 25 square feet, or a collection of tiny wetlands are greater than a cumulative 25 square feet on a piece of property.

The commission will begin its review of a proposed wildlife overlay district Oct. 12 at 1:30 p.m. in the Old County Courthouse.




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