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Title 17 - Chapter .08

17.08.010 Definitions

As used in this chapter:

"Governmental entity" means the state and its political subdivisions.

"Political subdivisions" means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or any other political subdivision or public corporation.

"State of Utah" means the state of Utah or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof. (Ord. 827 &#167&#167 2, 1982: Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-1 (part))

17.08.020 Permit Required

A. Required Permits. A permit from the division is required for:

 1. Any structure, encroachment, facility, or appurtenance that interferes with, causes damage to, destroys, or uses for any purpose any county facility.

i. The county considers the following to interfere with, cause damage to, destroy, or use any county facility pursuant to Subsection 17.08.020(A)(1):

  • a. A structure, encroachment, facility, or appurtenance that compromises the structural integrity or lateral support of a county facility.
  • b. A structure, encroachment, facility, or appurtenance that impedes the ability of a county facility to withstand a one percent annual chance flood.
  • c. Adding, moving, or removing fill within or along any flood control facility or channel identified in Section 17.08.040.
  • d. Any structure or other encroachment that prevents access to or along a flood control facility, as identified in Section 17.08.040, upon property which the county has a property interest in or that is controlled in behalf of the county.

ii. The above does not constitute an all-inclusive list and the county is in nowise limited by this list when determining what interferes with, causes damage to, destroys, or uses a county facility.

2. Any obstruction, material, or matter of any kind in a channel or drain or within or upon any flood control channel, reservoir, detention basin, debris basin, spreading ground or other property over which the county has an interest, that may operate to impede, retard or change the normal direction of the flow of floodwaters, stormwaters, or other waters, or that may catch or collect debris carried by such waters, or that may be carried downstream by such waters to the damage and detriment of adjacent private or public property, or that may degrade the quality of the water.

B. Property Owner Responsibility.

This provision is applicable to all responsible persons. The property owner is responsible for ensuring that all structures, encroachments, facilities, appurtenances, obstructions, etc., on his or her property are properly permitted by the division, and for ensuring his or her property's compliance with this title. To ensure compliance with this chapter, a property owner will contact the county's flood control division for all construction or landscaping activities within forty feet from the top of the county facility's bank to determine if permitting is necessary.

C. Un-permitted Encroachments Prohibited.

It is unlawful for any responsible person to construct any structure, encroachment, facility, appurtenance, or obstruction covered by Section 17.08.020 without first receiving a permit in accordance with Section 17.08.020 of this title, or to fail to remove any structure, encroachment, facility, appurtenance, obstruction, etc. that is not in compliance with this title when requested to do so by the county.

D. Permit Applications.

Application for permits shall be made to the director of the division and shall set forth the particular use desired and the purpose and duration of use. The division may impose such terms and conditions as may be necessary to provide for the carrying away and the safe disposal of natural stormwaters and floodwaters, and to prevent the destruction or obstruction of any such structure, facility, appurtenance, etc., and to ensure the proper maintenance and restoration of any such structure, facility, appurtenance or property. Permits shall be revocable when, in the discretion of the director of the division, the public interest and welfare so requires.
(Ord. No. 1800 § II, 9-13-2016; Ord. 817 § 2 (part), 1982: prior code § 7-2-1 (part))

17.08.030 Exemptions
The provisions of the above section shall not apply to any entry or use in the course of duty by any peace or police officer or by a duly authorized employee of the county. (Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-2)
17.08.040 Specific Facilities
  1. The following facilities, wherever located in the county, including open channel sections and sections in conduit, are declared to be part of the storm drainage and flood control system and are subject to the provisions of this chapter relating to such facilities:
    1. The Jordan River
    2. City Creek
    3. Red Butte Creek
    4. Emigration Creek
    5. Parley's Canyon Creek
    6. Mountain Dell Canyon Creek
    7. Lamb's Canyon Creek
    8. Mill Creek
    9. Neff's Creek
    10. Big Cottonwood Creek
    11. Little Cottonwood Creek
    12. Dry Creek from Bell's Canyon Reservoir to Jordan River
    13. Big Willow Creek
    14. Little Willow Creek
    15. Corner Creek
    16. Beef Hollow Creek Downstream from Camp Williams Boundary
    17. Wood Hollow Creek Downstream from Camp Williams Boundary
    18. Rose Creek
    19. Butterfield Creek
    20. Copper Creek
    21. Midas Creek
    22. Bingham Creek
    23. Barney's Creek
    24. Harker's Canyon Creek
    25. Coon Canyon Creek
    26. Utah Lake Distributing Company Canal
    27. Utah and Salt Lake Canal
    28. South Jordan Canal
    29. North Jordan Canal
    30. Kennecott Canal
    31. Riter Canal
    32. Kersey Creek
    33. C-7 Ditch
    34. Lee Creek
    35. 8000 West Drain - Utah and Salt Lake Canal to C-7 Ditch
    36. Kearns-Chesterfield Drain - Utah and Salt Lake Canal to Jordan River including Decker Lake
    37. Lee Drain - Lee Drain Pump Station to Lee Creek
    38. Goggin Drain Surplus Canal to Great Salt Lake
    39. Surplus Canal
    40. 2700 West Drain - North Jordan Canal to I-215 Drain
    41. I-215 Drain - 4700 South to 4100 South and 2700 West Drain to Decker Lake
    42. 4100 South Drain - 3200 West to Jordan River
    43. 4700 South Drains - South Jordan Canal to I-215 Drain and North Jordan Canal to Jordan River
    44. 3200 West Drain - 4700 South to 4100 South
    45. 5400 South Drain - Utah and Salt Lake Canal to Jordan River
    46. City Drain, West Branch from CWA 2 Drain to Sewage Canal
    47. Sewage Canal from City Drain to Great Salt Lake
    48. CWA 2 Drain from CWA 1 Drain to West Branch City Drain
    49. CWA 3 Drain from Brighton Canal Extension to CWA 2 Drain
    50. CWA 1 Drain from Roper Yard to CWA 2 Drain
    51. 4th Avenue Drain - Virginia Street to City Creek
    52. 8th South Drain - East High School Detention Basin to Jordan River
    53. 7200 South Drain - East Jordan Canal to Jordan River
    54. 9000 South Drain - Sandy Irrigation Canal to Jordan River  
    55. Salt Lake City Canal to Red Butte Creek
    56. East Jordan Canal
    57. East Jordan Canal Extension 
    58. 2700 South Storm Drain - Nibley Park Outfall to Mill Creek
  2. If not owned by the county, the rights of the county in and to canals and stormdrains specified above are limited to those included in specific agreements for their use with the owners of such facilities.
  3. The provisions of this chapter shall also apply to the following classes of facilities:
    1. All collection stormdrains and subsurface collection systems installed in dedicated easements and other easements in which the county has a legal interest, and located in the unincorporated county area;
    2. All collection stormdrains and subsurface collection systems installed in dedicated easements and located in the incorporated areas of the county through contracts and agreements specifically outlining duties and responsibilities of the city and county on each facility. (Ord. 1478 §§ 2, 2001: Ord. 1433 §§ 2, 1998; Ord. 918 §§ 1, 1985; Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-5)
17.08.050 Existing Use-Permit Not Required

No permit shall be required for any existing use of natural channels within the county for such beneficial purposes as are approved by the Office of the State Engineer for the state; nor shall it affect any water rights established by the State Engineer or by any court of competent jurisdiction.

No provision contained in this title shall be construed to interfere with or permit the regulation, allocation or reallocation of water rights or water right use or of any culinary water collection or distribution system or waters and facilities used in connection therewith. (Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-6)

17.08.060 Performance Bond Required
The division may require a performance bond to assure proper and timely completion of work authorized under a permit issued pursuant to Section 17.08.020, or to assure timely completion of improvements required under Section 17.08.080. (Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-7)
17.08.070 Control by the County
Any and all projects which involve the drainage of stormwaters and floodwaters or which affect the quality of water which flows through all natural channels to be performed on any such projects, either existing or to be completed subsequent to the effective date of the ordinance codified in this title, shall be under the control and discretion of the mayor, and shall be subject to approval by the county council during its annual review of the budget of the flood control and water quality management program as prepared by the division. (Ord. 1473 (part), 2001: Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-8)
17.08.080 Review of Development Plans

All plans for public and private development that will alter the natural flow of surfacewater upon the lands involved in the development shall be submitted to the division for review and approval prior to the commencement of work thereon. Plans for a development which will drain into a flood control or storm drainage facility maintained by a city shall be the responsibility of that city and submission of the plans to the division shall not be required. The city shall review such plans to assure compliance with those provisions of Section 17.08.020 applicable to city facilities which connect to those facilities identified in Section 17.08.040 of this chapter.

The division may require the design of erosion and sediment control or other measures to protect the capacity of any flood control or storm drainage facilities or the quality of the water flowing through any part of the flood control and storm drainage system as defined in Section 17.08.040. "Water quality" or "quality of water," whenever used in this section, refers to and incorporates those definitions and standards which are set forth in the county''s then-current water quality management plan, as established by the division. (Ord. 817 §§ 2 (part), 1982: prior code §§ 7-2-3)

17.08.090 Replacement and New Bridges and Culverts - Design Criteria

A. Replacement and new bridges or culverts on the natural tributaries and open man-made channels, except irrigation canals, listed in Section 17.08.040, shall be sized for a frequency based on consideration of the benefits and costs derived from the improvements.

As a minimum all such bridges and culverts shall be designed to pass the greater of the one-hundred-year snowmelt runoff or the twenty-five-year cloudburst storm unless the director of the division of flood control and water quality shall deem such level of protection unwarranted. In any case, replacement culverts or bridges with an equivalent opening of sixty inches in diameter, or greater, shall be sized for at least the one-hundred-year snowmelt or twenty-five year cloudburst standard.

Bridges and culverts on Big and Little Cottonwood Creeks through the valley floor shall be designed for the greater of the one-hundred-year snowmelt or the one-hundred-year cloudburst storm for present development conditions. In addition to the design flow, consideration shall be given to the freeboard necessary to pass debris and accommodate bed load and bulking. (Ord. 921 §§ 1, 1985: prior code §§ 7-2-9)

17.08.100 Enforcement and Penalties

All enforcement of these provisions shall be conducted in accordance with Chapter 17.32 of this title.
(Ord. No. 1800 § II, 9-13-2016)

Editor's note— Ord. No. 1800 § II, adopted August 13, 2016, repealed § 17.08.100, and enacted a new § 17.08.100 as set out herein. Former § 17.08.100 pertained to obstruction of or damage to facilities prohibited and derived from prior code § 7-2-4; Ord. 817, adopted in 1982; and Ord. 827 adopted in 1982.