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1. Why is the streamside protection ordinance necessary?

For information, please view the streamside protection page.

2. I have property on a stream in the city limits. Am I affected by this ordinance?

Streams that have at least 100 acres draining into them are included. See if this includes your property by checking out the protected streams map (PDF).

3. Why is the buffer 50 feet?

An analysis that combined the findings of 60 studies on riparian buffers across the country found that a healthy, vegetated buffer of 50 feet could reduce the pollutants that would otherwise enter waterways by 50% to 62%.

4. How do I measure the 50-foot buffer?

The 50-foot buffer is measured from the top of bank on the stream.

5. What is the top of bank? Who can help me determine where the top of bank is?

The top of bank is defined in the ordinance as “the point along a stream bank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage.”

If you would like city staff to help you determine where the top of bank is located, please contact the City’s Floodplains Administrator at 479-444-3443.

6. Is the buffer an easement?

No. An easement allows public uses across a property. The streamside protection buffer functions like a setback. Setbacks are distances that city code requires a structure to be set back from side, rear and front property lines.

7. May I continue to use my property just as I am now?

Yes, as long as the use does not change, or the existing use is not discontinued for 6 months. However, you are encouraged to use best practices that are applicable to your situation and to read the Streamside Protection Best Practices Manual (PDF).

8. If I sell my property, are the uses still grandfathered in?

Yes. Until a use has been discontinued for 6 months, it is considered an existing use. If you currently mow your lawn right up to the stream, the next property owner can continue the same practice.

9. Is the City exempt from any part of the ordinance?

No. The city must abide by the same regulations as all private property owners who are affected. Public land affected accounts for 25%.

10. How will the City trails program be affected by the ordinance?

The City trails program will follow the practices outlined in the Best Management Practices Manual for any impervious service that is 12 feet in width. The trail will not be allowed to locate within 25 feet of a protected waterway unless the City Engineer determines there is no feasible and practical alternative. This determination will likely be made if there is an existing utility easement that would prevent the City from having to disturb even more land within 50 feet of the stream.

Examples of the some of the best practices are: Native plantings will be completed after the completion of the trail that meets or exceeds the amount of vegetation in place prior to construction; no more than 300 feet of land will be disturbed at one time; and if there is an exposed or highly eroded stream bank, the bank shall be stabilized using natural channel methods.

View the Streamside Protection Best Practices Manual (PDF)

11. Why does the City Engineer have the power to administratively change the Best Management Practices (BMP) Manual? What checks does the City Council have in place?

The Streamside BMP Manual will be administered similar to the way the city administers other manuals such as the Tree and Landscape Manual, the Drainage Criteria Manual and the Low-impact Development Manual. While the ordinance can only be modified by the City Council, staff can administratively change the manuals so that property owners can take advantage of emerging technologies without having to wait 4-6 weeks for Council approval. The BMP Manual does not contain an exhaustive list of best practices, and administrative approval provides everyone with some flexibility.

Decisions by the City Engineer can always be appealed to the City Council, and the City Council can always decide not to allow administrative approval if it chooses.

12. Why is the ordinance not a “taking?”

The City Attorney has provided a memo that details his legal option. Read the memo (PDF).

13. How does this ordinance affect property values?

Staff did not find any evidence to suggest that a riparian buffer decreased property values. There have been several studies that looked at effects on property value in a specific area, generally finding a 3% to 6% increase in the value of not only the property that had the buffer but all the properties within a ¼- to ½ -mile radius of an intact buffer.

There have also been numerous studies often cited by realtors that show the added value of mature trees on a property. We are cautious about extrapolating from the streamside buffer studies because they are specific to a location such as Tucson, Arizona, but we feel comfortable saying that a buffer would likely not decrease property value.

Approximately 64% of the buffer area is in existing floodway, which already has an adverse affect on development potential.