Activities regulated.
(1) All activities not otherwise exempted by § 165-47B shall be regulated.
(2) Additional exempt activities.
(a) Construction of bridges.
(b) Construction of ponds.
(c) Thinning and clearing of trees and shrubs, if maintaining at least 60% perimeter coverage along the stream.
Standards for permit review.
(1) General regulations.
Any applicant for a permit to undertake a regulated activity within a Stream Corridor Protection District shall be required to adequately demonstrate that the proposed activity shall in no way, at present or at any time in the future, adversely affect the following:
(a) Water quality.
(b) Watercourse flood-carrying capacities.
(c) Rate of sedimentation.
(d) Velocity of surface water runoff.
(e) Natural characteristics of the watercourse or floodplain.
(f) Soil stability.
(g) Fish and wildlife habitat.
(2) Specific standards.
No permit to undertake a regulated activity within the district shall be issued unless it is determined that the proposed project complies with the following additional standards:
(a) The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands; change in water temperature due to removal of shade vegetation; or nonpoint sources of pollution due to stormwater runoff, septic systems or any other activity on the site.
(b) The project shall provide adequate measures to protect surface and ground waters from direct or indirect pollution and from overuse.
(c) Fill shall not encroach on natural watercourses, constructed channels or floodway areas.
(d) Roads, trails and walking paths along water bodies shall be sited and constructed so they are not a source of runoff and sedimentation. Such roads, trails and walking paths shall be constructed and sited in such a manner as to maximize the visual opportunities of a water body while maintaining the environmental features of the entire site.
(e) No new dock, boat launching site or fishing access and parking area shall be constructed unless it is shown that it shall not impede the natural flow of the streams to which this section applies and shall be located and constructed so as to minimize its intrusion into the streams and avoid adverse environmental impact and unreasonable impacts upon public use of the waters.
