(1) Buffer Widths. Buffers shall be established and maintained to protect regulated aquatic habitat conservation areas as shown in Table 7-6. The buffer shall not be altered except as authorized by this Program. Buffer distances shall be measured from the ordinary high water mark (OHWM) or from the top of the bank where the OHWM cannot be identified unless otherwise specified by this Program. The standard width of the buffer zone for shorelines of the State (Type S waters) are shown in Table 6-1 and the requirements for shoreline buffers and vegetation conservation are found in Chapter 35.30 CCC.

(2) Buffer Condition. Aquatic habitat conservation area buffers shall be retained in a natural condition or may be improved to enhance buffer functions and values. Buffers shall be maintained in a predominantly well vegetated and undisturbed condition defined as an average density of at least 150 trees and shrubs per acre or 55 percent areal cover of woody vegetation, whichever is greater. The Administrator may allow exceptions when existing buffer vegetation does not meet this tree/shrub requirement for sites that are otherwise predominantly characterized by native vegetation. The vegetated area shall comprise at least 80 percent of the buffer area. Native vegetation is preferred but existing non-native trees and shrubs may be allowed as long as they provide similar habitat functions to native trees and shrubs. Invasive or noxious weed species shall not count toward the density or cover thresholds. Alterations to buffers that are not associated with an allowed use or development shall be prohibited. Buffer conditions for shorelines of the State (Type S waters) shall be consistent with CCC 35.30.030.

(3) Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffers and setbacks shall apply.

(4) Interrupted Buffer. When an aquatic habitat conservation buffer contains an existing legally established public or private (does not include driveways) road, the County may allow development on the landward side of the road; provided, that the development will not have an adverse impact to the wetland. Likewise, in an existing subdivision where there is a legally established residence on a developed lot between the aquatic habitat and the proposed lot for development, the buffer shall not extend onto the undeveloped lot. The County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.

(5) Buffer Averaging. Buffer widths for Type S waters may be reduced through averaging in accordance with CCC 35.30.040. Buffer widths for Type F, Np, and Ns waters may be reduced by the Administrator through buffer averaging in accordance with this section. The buffer averaging shall only be allowed when necessary to accommodate a single-family residential development or a water-dependent or water-related development in those limited instances when adherence to the standard buffer is infeasible or presents a substantial hardship because of site conditions, lot configuration or other circumstances. To ensure no net loss of buffer area, the buffer width may be reduced in one location and increased in another location to maintain the same overall buffer area. Residential subdivisions and non-water-dependent non-water-related developments shall not be eligible for buffer averaging except through a shoreline variance. Proposals for buffer averaging shall not require a shoreline variance or compensatory mitigation if all of the following conditions are met:

(6) Buffer Reduction. Alterations of the buffer that do not meet the minimum standard buffer requirements or buffer averaging requirements of this section shall require a shoreline variance in accordance with Chapter 35.50 CCC.

(7) Hazard Tree Removal. Removal of a hazard tree may be allowed in the aquatic habitat buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the hazard tree determination shall be made after Administrator review of a report prepared by a qualified arborist or forester. Any tree removal shall be the minimum necessary to balance protection of the critical area and its buffer with protection of life and property. To mitigate impacts of tree removal, the Administrator shall require planting of tree(s) or other vegetation, and may require leaving hazard trees taken down in buffer areas for habitat and/or woody debris recruitment along riparian corridors.

(8) Mitigation for Stream Buffer Averaging or Reduction. Prior to approving a request for buffer averaging, the Administrator shall ensure the development is designed to separate and screen the stream from impacts such as noise, glare, vegetation trampling, etc. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical areas). Landscaping shall be consistent with Chapter 33.53 CCC.

(9) Increased Buffers. The Administrator may increase buffer widths for Type F, Np and Ns waters, not to exceed 300 feet, for a development project on a case-by-case basis when:

(10) Buffer for Aquatic Habitat Conservation Area Mitigation Sites. Any Type F, Np, or Ns water that is created, restored, or enhanced as compensation for an approved alteration shall have the standard buffer required for the category of the created, restored, or enhanced aquatic habitat conservation area.