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23 Revised 10/03/2019 Ordinance Language Commentary C.Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met: (1) The structure existed on the date the structure setbacks were established; (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or is no closer than 30 feet from the OHWL, whichever is more restrictive; and (4) The deck is constructed primarily of wood, and is not roofed or screened (see Figure 8). Figure 8. Deck Encroachment D.Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: Setback from: Setback (ft) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state, or county highway 50 Right-of-way line of town road, public street, or other roads not classified 20 E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. 6.41.C. Local governments may choose to exclude this provision from their ordinance. 6.41.D. Local governments may apply stricter standards than those listed. The presence of permeable soils on top of bedrock, combined with steep slopes or bluffs, can increase risk of septic effluent leakage out the sides of slopes or bluffs. Establishing septic system setbacks from the top of bluffs can reduce this risk. 6.41.E. Optional. Keeping impervious surfaces out of the bluff impact zone is important for reducing the risk of slope erosion and failure and nutrient loading into surface waters due to runoff.