Access to the River and Work Within the Riparian Area

The riparian zone is to be left natural. Uses within the riparian zone shall be restricted to those which are required by public necessity (for example, bridges or water pumps), for public recreation (for example, the greenbelt), and wildlife habitat improvements (for example, vegetation, nesting structures); provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city’s participation in the national flood insurance program.

A.    Improved access to the Boise River shall be prohibited in all areas that are not approved through a conditional use permit with approval of city council or otherwise designated by the city council; and

B.    Approved accesses to the Boise River must be designed in such a way so as to not destabilize the banks of the river.

1. No use of restricted use chemicals or soil sterilants will be allowed within the riparian area.

2. No use of pesticides, herbicides, fertilizers will be allowed unless approved by regulatory agencies that have jurisdiction over the Boise River.

3. All applications of pesticides, herbicides and fertilizers shall be done by a licensed applicator and applied at minimum application rates and shall be limited to two (2) times a calendar year unless otherwise approved.

4. The application of dormant oil sprays and insecticidal soap within the riparian zone may be used throughout the growing season as needed.

C.    No person shall damage, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the riparian zone without an approved permit. Minor pruning above the ordinary high water mark that does not remove, damage or otherwise harm any plant, habitat or cause bank destabilization is allowed without a permit.

D.    A permit may be granted for:

1. Removal of downed trees or trees identified by the city arborist to pose a danger to life, limb or property may be removed.

2. Replacement of nonnative plants with native plants to provide habitat or bank stabilization.