Salt Lake Council restricts use of private land near creeks

JT Martin called it "a helluva way to break in a new councilman."

Despite a parade to the podium of residents opposed to restrictions on how private property owners can utilize their land near creek and stream banks, the Salt Lake City Council voted 6-1 Tuesday night to do just that.

"It would certainly be an understatement to say this has been anything less than controversial," Martin said.

The overwhelming majority of people who spoke during a public hearing Tuesday did so in opposition to the ordinance, saying it decreases the value of their property and unfairly blames owners with steams or creeks on their property for water pollution.

"This ordinance will adversely affect rights of property owners," said Susan Webster, who lives near Red Butte Creek. "It will effectively wipe out the economic value (of our property). ... We will not stand for this."

The ordinance puts restrictions in place on new construction, changes to existing structures and other ground disturbances within 100 feet of waterways in the city east of I-215, specifically Emigration, Red Butte, Parleys and City creeks.

The ordinance sets guidelines for what can and can't be done on property within 100 feet, 50 feet and 25 feet of creek or stream banks, growing more restrictive closer to the waterway. All existing construction and structures are grandfathered in.

Webster and others who spoke during the public hearing hinted at legal action against the city if the ordinance was approved.

Reasons for the zoning change, according to the ordinance, include minimizing erosion, stabilizing stream banks, improving water quality, preserving fish and wildlife habitat and reducing potential for flood damage.

Several residents have disputed those claims, saying the real reason for the ordinance is the council's desire to stop a proposed development in the Wasatch Hollow community.

Last July, the council put a six-month moratorium on any development within 100 feet of stream and creek corridors to study what type of permanent protection needed to be put in place. The council reaffirmed its commitment to those studies Tuesday, though they haven't been done yet.

Council members have said the moratorium stemmed from discussion about a proposed development of roughly two acres of land behind Wasatch Hollow Park and along Emigration Creek. The proposed development brought to the council's attention the lack of protection for stream corridors in city code.