§ 30-309. Same—Evidence.

For the purposes of this article, the normal high water elevation shall constitute the landward edge of any natural surface water body during normal hydrological conditions and is an elevation determined by the public works director or his designee through compilation of relevant, available evidence specific to a particular water body which should include, when available:

(1)

Botanical indicators. The presence of water for sufficient periods of time precludes the existence of terrestrial plant communities and tends to establish conditions whereby shoreline plant (hydrophytic) species inhabit the nearshore and shoreline areas. Since these communities tend to change slowly, they are widely utilized to accurately distinguish the uplands from those lands susceptible to the normal inundation of a specific water body. The normal high water elevation is typically indicated by that elevation where upland, terrestrial plant communities tend to terminate and shoreline (hydrophyte) plants are established as the prevalent plant community. The hydrophytic species list contained in section 30-310 characterizes the aquatic habitat, as well as shoreline areas of a water body. Additional plant species may be used where they are shown to be relevant to a unique situation.

(2)

Physical indicators. Physical indicators include any observable physical feature along a given shoreline resulting from the presence of water in a given water body for sufficient periods of time so as to leave a physical line, mark or other distinguishable feature, including, but not limited to, watermarks on trees, older docks and seawalls, and watermarks on older bridges and abutments. In order to accurately establish the normal high water elevation, the affidavits and like testimony of long-time residents living near a particular water body and other acceptable collateral evidence may be used as an acceptable indicator.

(3)

Geomorphological indicators. The normal, sustained presence of water along a given shoreline of either lakes (still waters) or streams (flowing waters) tends to leave specific, surficial indications of that normal, sustained presence, such as deposits of organic silts, peat and muck, natural beach ridges, scarps, and levees. These deposits and other indicators may be multiple, depicting historical sustained low water elevations, average elevations, and high water elevations. The normal high water elevation is typically indicated by the most landward scarp, beach ridge or levee found along a particular shoreline, and is likewise indicated by the highest or most landward silt, peat or muck deposits, or the most landward stratification of those deposits.

(4)

Water level records. Water level elevations obtained and recorded by any governmental agency, registered land surveyor, or others whose records are verifiable by the public works director or his designee may be used to determine the normal high water elevation. These records shall be accorded less weight than other individual indicators provided herein unless such records cover a period of at least fifteen (15) years.

(5)

Controlled lake elevations. Where lake elevations are controlled by properly engineered structures, the normal high water elevation is presumed to be one-half foot above the control elevation. Where a normal high water elevation established by this method conflicts with the other indicators contained herein, the public works director or his designee shall determine the elevation. The public works director's determinations should include, when available, all of the indicators contained herein, but may include additional hydrologic surveys or engineering studies at the discretion of the public works director.

(Code 1965, § 36-154; Ord. No. 82-14, § 4, 8-17-82)