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In addition to the criteria at EC 9.8865, when considering an application to add the /WQ Overlay Zone to a lot, the following criteria apply:

(1) The subject lot Includes:

(a) A waterway identified pursuant to section 303(d) of the federal Clean Water Act, a waterway that is a tributary to a 303(d) waterway, or that is a headwater stream; or

(b) A portion of the /WQ Management Area, as described in EC 9.4778(1), for a waterway described in (a); and

(2) The subject segment of waterway (it may be natural or constructed):

(a) Is not already protected by the NR zone or the /WR, /WP or /WB overlay zones;

(b) Has a discernable streambed and side banks;

(c) Carries water at least part of the year;

(d) Provides a drainage function for surface runoff from land areas beyond a roadway; and

(e) If a ponded area, has an inlet and outlet drainage function.

(Section 9.4776 added by Ordinance No. 20430, enacted March 9, 2009, effective June 10, 2009.)