(Added by Ordinance No. 176561; amended by Ordinance Nos. 176783, 182144 and 185397, effective July 6, 2012.)

A.    Authority.  The Director may require drainage reserves or tracts over seeps, springs and drainageways as necessary to preserve the functioning of these areas and to limit flooding impacts from natural and man made channels, ditches, seeps, spring, intermittent flow channels and other open linear depressions.  Standards and criteria for imposing drainage reserves or tract requirements shall be adopted by administrative rule. Placement and/or sizing of drainage reserves does not relieve property owners of their responsibility to manage stormwater in a manner that complies with the duties of property owners under applicable law.  Drainage reserve or tract requirements may be imposed during land use reviews, building permit review or other development process that require Bureau of Environmental Services (BES) review.

B.    Required Management of the Drainage Reserve. Storm drainage reserves or tracts shall remain in natural topographic condition.  No private structures, culverts, excavations, or fills shall be constructed within drainage reserves or tracts unless authorized by the BES Chief Engineer by administrative rules found in the Stormwater Management Manual.  All changes must also comply with other zoning regulations as described in Title 33.  Encroachment agreements can be made between the property owner and the City.

C.   Implementation.  BES has authority to identify and implement protections for drainageways during multiple development review processes, including land use reviews and building permit reviews.  The early identification efforts will consider the ability of developers to design around drainage reserve areas.