Chapter 18.80
NATURAL RESOURCE PROTECTION AND PRESERVATION
Sections:
18.80.010 Intent.
In accordance with the Black Hawk County comprehensive plan, it is the intent of this section to recognize and to preserve the natural processes of land, as land undergoes change for man’s use. This chapter identifies the functions of the land which provide important public benefits and have designed provisions to protect those functions. The public benefits arrived by the protection of natural functions of lands include:
A. The preservation of important productive lands and renewable resources;
B. Protection of public safety by reducing the risks of natural hazards, specifically flooding;
C. Protection of public resources such as water supplies and the water quality of our lakes, rivers, and aquifers; and
D. Protection of public and private economic resources from expenditures and property values loss due to environmental degradation.
For purposes of this chapter, land shall be identified by function(s) and may be further classified as either sensitive or significant. Identification and classification of lands shall be based upon the explanatory materials, notations, and maps found in (1) the official soil survey of Black Hawk County, Iowa, published by the United States Department of Agriculture Soil Conservation Service, December 1978 (as amended), (2) the Flood Insurance Study for Black Hawk County, published by the Federal Emergency Management Agency Federal Insurance Administration, July 18, 2011 (as amended), (3) the Black Hawk County Conservation Resource Inventory, submitted to the Black Hawk County Conservation Board, March 1981, (4) Soil Conservation Service Building Site Development Report, and (5) Soil Conservation Service Sanitary Facilities Report. Subsequent amendments and supplements to the survey, study, and inventory shall be adopted automatically. [Ord. 112, 2011; Ord. 80, 2003; Ord. 36 § 8(A), 1995. Code 2009 App. A, § 8(A).]
18.80.020 Sensitive lands.
Sensitive lands are those areas where substantial evidence indicates that uncontrolled or incompatible development could result in damage to the environment, to life or to property.
A. Identification. Those lands shall include those as specified in BHCC 18.15.040, “E-S” environmentally sensitive overlay district maps. They include: (1) floodplains, (2) surface waters, (3) aquifer recharge areas, (4) excessive slopes, (5) poor bearing capacity soils, and (6) soils having a land evaluation (LE) score from the LESA system of below 40 points.
B. Permitted and Conditional Uses. Subject to Chapters 18.55, General Regulations and Provisions of the “E-S” Environmentally Sensitive Overlay District, and 18.60 BHCC, Use Regulation for “E-S” Environmentally Sensitive Overlay District.
C. Performance Standards. Subject to Chapters 18.55, General Regulations and Provisions of the “E-S” Environmentally Sensitive Overlay District, and 18.60 BHCC, Use Regulation for “E-S” Environmentally Sensitive Overlay District. [Ord. 80, 2003; Ord. 36 § 8(B), 1995. Code 2009 App. A, § 8(B).]
18.80.030 Significant lands.
Significant lands are agricultural lands of highly productive soils, renewable resource lands, which promote the long-term productivity of an area by contributing to water, soil, or vegetation cover conservation, and fragile lands.
A. Identification.
1. Agricultural Lands of Highly Productive Soils. Shall be defined as a parcel of land having a land evaluation and site assessment (LESA) system score of 242 and above. Determination regarding the LESA score shall be calculated using the adopted Black Hawk County land evaluation and site assessment (LESA) system report, as amended.
Soil boundaries shall be determined from the soil maps found in the official soil survey of Black Hawk County, Iowa, as amended.
It shall be noted that it is the policy of Black Hawk County, Iowa, rich in fertile productive soils, to maintain this nonrenewable resource for future generations to employ in the production of food and fiber; therefore, such lands shall be preserved as “A” agricultural district, unless there are extenuating circumstances.
2. Other Significant Lands. Shall be identified by reference from the Black Hawk County conservation resource inventory. These lands shall include wetlands, recreational lakes, forest covers, forest reservations, rivers and streams, river and stream banks, open and native prairies and wildlife habitats, as designated upon the established priority list approved by the County Board of Supervisors, as amended.
B. Permitted and Conditional Uses.
1. Agricultural Lands of Highly Productive Soils. Subject to Chapters 18.115, Special Exemptions; 18.20, Use Regulation for “A” Agricultural District; 18.55, General Regulations and Provisions of the “E-S” Environmentally Sensitive Overlay District; and 18.60 BHCC, Use Regulation for “E-S” Environmentally Sensitive Overlay District.
2. Other Significant Lands. Lands as designated upon the established priority list approved by the Black Hawk County Board of Supervisors, as amended, shall be preserved in their natural, undisturbed state and are not to be used for economic gain, including but not limited to using land for development, the storage of equipment, machinery or crops.
C. Performance Standards. Shall be applicable to the appropriate section(s) of this title.
D. Incentives for Preservation. In accordance with Iowa Code Section 427.1, as amended, the Black Hawk County Board of Supervisors may grant a tax exemption to other significant lands as designated upon the established priority list, as a mandate. [Ord. 80, 2003; Ord. 36 § 8(C), 1995. Code 2009 App. A, § 8(C).]