Akron Reporter

On August 3, the City of Akron released a draft riparian setback ordinance for public comment. The setbacks are designed to increase protections for the areas of land along river and stream banks. Protecting riparian areas and reducing the impacts of runoff serves to protect property from erosion and flooding, filters water pollutants from our waterways, and maintains the biological integrity of both the aquatic and land habitat for wildlife.

Visit Akron’s Zencity page to learn more and provide feedback.

Akron is proposing setbacks or buffers on all of its waterways measured from the ordinary high water mark of each stream (the point on the bank of each river where the water’s highest mark rests). Buffers vary from 30 to 300 feet from either side of the stream depending on its drainage area.

Buffer Types and Uses

There are three buffer zones proposed in the city’s ordinance and each one covers a particular area and has unique permitted uses.

• Preserved Buffer
  • The preserved buffer is the closest to the waterway, covering 30 feet on either side of the waterway from the high-water mark.
  • This is the most heavily protected zone and permitted uses in this zone are those that leave the soil and vegetation undisturbed except for existing uses.
  • Mowing, clearing, excavation, etc. would not be permitted in this zone unless they were already occurring before the ordinance is passed.
• Managed Buffer
  • This buffer zone extends up to 100 feet from the high water mark on either side of a waterway.
  • In this area, allowable uses include wildlife sanctuaries and passive park lands. There is limited tree harvesting permitted and natural vegetation should be preserved.
• Limited Development Buffer
  • This zone extends up to 300 feet from the high-water mark on either side of a waterway.
  • Allowable uses in this zone include certain accessory buildings in addition to principal buildings with green building practices. Sustainable design should be used to the greatest extent possible.

Existing practices and structures within the proposed buffers are allowed to continue as nonconforming, but legal, as long as maintained. For example, if a home, shed, or other structure is already built within the proposed buffer zone, they will be allowed to remain. Additionally, if someone is already mowing the property within a proposed buffer, they will be allowed to keep doing so as long as they continue to maintain it.

 “Akron is joining many other Ohio municipalities in proposing a robust riparian setback ordinance that will encourage sustainable development and conservation in every ward of the city,” said Mayor Horrigan. “This proposal is yet another example of Akron’s strong role as stewards of our waterways in both the Cuyahoga and Tuscarawas River watersheds.”

The City is seeking public comment on the proposed ordinance through September 8, 2023 via email: riparian@akronohio.gov; or via the City’s Zencity Engage Platform for specific subjects, including riparian buffer types and areas, allowed uses and limitations in riparian setback, riparian setback variances, and mitigation plans.

If Akron passes this ordinance, the city would join many other Ohio cities who already have riparian setbacks including: Cleveland, Cincinnati, Dayton, Columbus, Toledo, and Youngstown. We would also join local municipalities such as: Tallmadge, Green, Cuyahoga Falls, Richfield, Barberton, Stow, and Coventry.

Original source can be found here.