Setback Requirements for Creeks, Channels and Major Waterways in Marin County
Town Name
Belvedere
Not Applicable
County
In accordance with the Marin Countywide Plan Policy BIO-4.1, designated Stream Conservation Area (SCA) parcels in City Center: 100' (feet) for parcels > 2 acres, 50' (feet) for parcels 0.5-2 acres, 20' (feet) for parcels < 0.5 acres; Coastal, Inland Rural, and Baylands Corridors: 50' (feet) landward from the outer edge of woody riparian vegetation associated with the stream or 100 feet landward from the top of bank, whichever is greater. For all other parcels not within an SCA, all structures shall be set back 20' (feet) from top of bank or 20' (feet) plus twice the channel depth measured from the toe of the near embankment, whichever is greater of any in accordance with MCC §24.04.560. Regardless of parcel size or location, an additional buffer may be required based on the results of a site assessment.
Corte Madera
Contact Town of Corte Madera for more information.
Fairfax
20' (feet) or twice the average depth of the bank whichever is greater without authorization by variance, except for retaining walls and bulkheads which replace failing structures and which do not increase the height, width, length or configuration of the original structure. Per Town Code section 17.22.040
Larkspur
Contact City of Larkspur for more information.
Mill Valley
The City requires structures to be set back a minimum of 30' (feet) from the City’s principal creeks, measured from the top of the creek bank.
Novato
The standards and requirements of the Stream Protection Zone shall apply to all lands adjoining or encompassing watercourses shown on EN Map 1 of the City of Novato General Plan and their significant tributaries as determined by the Director of Public Works. A stream protection zone shall be established, which shall include the stream bed, the stream banks, all riparian vegetation and an upland buffer zone at least 50' (feet) wide, measured from the top of the channel bank. The stream protection zone shall be expanded based on individual site evaluations to encompass the existing riparian vegetation and adjacent habitat areas including upland buffers, or may be reduced if physical conditions so warrant through the adoption of a Stream Management Plan (SMP).
Ross
Design review is required for any construction, improvements, grading/filling or other site work within twenty-five feet of a creek, waterway or drainageway, whether or not a building permit is required. Ross design review guidelines recommend a minimum fifty-foot setback from the top of bank for all new buildings and at least twenty-five feet from the top of bank for all improvements.
San Anselmo
Listed under City Code: 9-15.06 - Acts requiring a permit from Director of Public Works. It is unlawful for any person to construct or repair any pier, retaining wall, slope protection structure, dam, bulkhead, building, bridge or other structure in, over, or within fifteen (15') feet of the bank of any watercourse within the Town without first obtaining a permit therefore from the Director of Public Works. Any and all such work done under such a permit shall be subject to inspection by the Public Works Department and/or the Building Department of the Town as the work progresses. (§ 2, Ord. 1010, eff. October 28, 1999)
San Rafael
Creek setbacks should include a twenty-five foot (25') or greater setback between any structure and the high top of the creek bank. On lots two (2) or more acres in size, a twenty-five foot (25') to one hundred foot (100') setback between any structure and the high top of the creek bank shall be provided.
Adequate setback between creeks and/or drainageways and a structure shall be determined based on the following criteria:
1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris flow avalanche corridors, flood control and protection from damage due to stream bank ndercutting;
2. The setback adequately protects and preserves native riparian and wildlife habitat;
3. The setback protects major view corridors and provides for recreation opportunities where appropriate;
4. The setback permits provision of adequate and attractive natural landscaping.No new building or substantial reconstruction of an existing building should be located within twenty-five feet (25') of the top of the bank or bulkhead along both sides of the San Rafael Canal between Highway 101 and the mouth of the canal. Upon adoption of a design plan for the San Rafael Canal, the design plan provisions shall control.
Pedestrian and bicycle access is encouraged along creek and drainageway corridors where feasible. However, they should be designed and located so as not to adversely affect important habitat areas. Creeks and drainageways should also be enhanced where feasible to serve as wildlife habitat as well as drainage facilities.
Any proposed fill in a creek, drainageway or in the San Rafael Canal shall be subject to the requirements of City Code Section 14.13.040(G), Fill. A use permit for fill shall be required consistent with Sections 14.13.050 through 14.13.070. (Ord. 1625 § 1 (part), 1992).
Sausalito
No structures of any kind, other than stairs and pathways on grade and/or retaining walls for slope stabilization purposes, shall be located within twenty feet (20’) of the 100-year flood elevation line of an open natural drainage way or wetland (i.e. creek) identified on Map GP-14 of the Environmental Quality Element of the General Plan. Additional setbacks from creeks and wetland areas may be required as part of the environmental review process pursuant to the California Environmental Quality Act, as applicable. Also, in the course of design review, the Planning Commission may determine that additional setbacks from watercourses are necessary to ensure consistency with relevant policies contained in the Environmental Quality Element of the General Plan.
Tiburon
Contact Town of Tiburon for more information.
Marin County Stormwater Pollution
Prevention Program: P. O. Box 4186 San Rafael, CA 94913-4186 Phone (415)
499-6528, Fax (415) 499-7221, e-mail: mcstoppp@co.marin.ca.us |
