Wildlife Friendly Fencing

Findings

Fencing can obstruct wildlife movement, causing harm to animals and damage to the fence. Wildlife friendly fencing aims to facilitate wildlife passage to their habitats and reduce injury and mortality. This type of fencing is designed to allow wildlife to jump over or pass under easily, minimize entanglement, and may include openings or wildlife passes. It also considers topography and placement to ensure safe passage around special purpose or barrier fencing.

Applicability

1. Repair or replacement of nonconforming fencing that doesn't meet the standards of this section is allowed under the following conditions:
2. One-time repair of 25% or less of the total linear fence perimeter of each enclosure being repaired.
3. Approval of a Special Purpose Fence Permit as outlined in this section.
4. Exemptions for Wildlife Friendly Fencing include:
5. Fences associated with agricultural use on sites of 70 acres or more, assessed by the Teton County Assessor, and used only for agricultural purposes.
6. Fences built for riding arenas, which must have 12-foot wide gates at 2 ends that remain open for wildlife movement when not in use.
7. Fences erected for exclusionary purposes of small areas such as around automatic trout feeders, apiaries, vegetable gardens, composting areas, haystacks, livestock feed storage, chicken yards, refuse facilities, recycling containers, dumpsters, ornamental landscaping areas directly adjacent to structures, safety fencing for a swimming pool and a single dog run not exceeding 200 square feet adjacent to a structure, and safety fencing not exceeding 800 square feet for yards directly adjacent and attached to a residence.
8. Fences constructed for the containment of livestock which have been approved through a special purpose fence permit. Temporary, movable, single strand visible electric tape for livestock is permissible and is considered wildlife friendly.
9. Fences erected to secure a construction site with an approved and active construction permit.
10. Fencing constructed as a requirement of an approved habitat mitigation plan for protection of sensitive habitat areas which are temporary until establishment.

Fencing Design

Fencing materials and design should comply with the following standards: 1. Measurements: The top rail should be no higher than 38 inches above the ground for purposes other than livestock control, and no higher than 42 inches for livestock control. There should be no more than three horizontal strands/rails. Spacing between the top pole/rail and adjacent wire should be at least 12 inches. The distance between the bottom wire/rail and the ground should be no less than 18 inches. The spacing of fence posts should be a minimum of 12-foot centers unless topography prohibits this spacing. 2. Materials: Wood top poles, and either wood rails or wire strands are permitted as horizontal elements in fencing. Bare wire should not be used as the topmost horizontal strand. When using wire, the middle or bottom wire strands should be smooth or twisted wire. Barbed wire may be used in the middle strand when necessary to control livestock. Barbed wire is prohibited in the top and bottom strands of the fence. 3. Double Fences: The spacing between parallel fencing should be at least 30 feet to avoid trapping wildlife. 4. New buck and rail or buck and wire fencing is prohibited unless approved by the Planning Director through a Special Purpose Fencing Exemption. 5. Land disturbance and vegetation clearing for fence installation and repair should be minimal. 6. Fencing adjacent to a swale, gully, or other topographic feature should be designed to allow wildlife to safely cross. 7. Fences should not block the natural funneling of wildlife through canyons and areas such as swales, gullies, ridges, canals, streams or other topographic features.

Special Purpose Fencing

The Planning Director may exempt individual special purpose fencing from this section, provided the fencing meets the following standards: 1. Smallest area: The special purpose fencing should encompass the smallest area necessary to achieve the purpose. 2. Specific design: The applicant should demonstrate that the special purpose fencing is constructed for a particular use and requires a specific design to accomplish the purpose of the fence. 3. Height in yards: Special purpose fencing located in a street yard should not exceed 4 feet in height. Special purpose fencing located in a side or rear yard should not exceed 6 feet in height. 4. Setback: Special purpose fencing is not subject to a setback from property lines. 5. Rocky or wet soil: Buck and rail may be approved when the applicant demonstrates necessity due to rocky or wet soil. Buck and rail fencing should not exceed 38 inches in height for landscape, or 40 inches in height for livestock, to allow wildlife movement. 6. The Planning Director should consider other mitigation practices demonstrating improved wildlife passage such as drop down horizontal elements, open gates and other practices recommended by Wyoming Game and Fish Department. 7. Long expanses of special purpose fencing which is 120 feet or longer should include drop down or gaps to allow for wildlife passage through the area. 8. Landscape fencing should be of a sturdy material such as wire and should be properly maintained to not allow wildlife entanglement. 9. All standards for natural resource protection and wildlife movement as recommended by the Planning Director should be recorded in the permit.

5.1.1. Waterbody and Wetland Buffers

A. Purpose

This section outlines the protection standards for waterbodies and wetlands. It aims to protect the community from potential negative impacts caused by physical development and use that may affect these resources or their functions. It prohibits physical development and use on and within a certain distance of these resources.

B. Findings

Waterbodies and wetlands play a crucial role in controlling flood waters, providing wildlife habitat, purifying water resources, and contributing to the scenic quality of Teton County.

C. Resource Definitions

1. Waterbodies: Natural features (rivers, streams, lakes) that convey or contain surface water.
   • River: The Snake River, the Gros Ventre River, the Hoback River, or the Buffalo River.
   • Stream: A body of running water that is neither one of the identified rivers nor an irrigation ditch, and has one or more of the following characteristics:
     • Flow Level: Has an average annual flow of 3 cfs. or greater including return water from subirrigation practices.
     • Habitat: Provides a winter habitat for trumpeter swans or serves as a cutthroat trout spawning area.
   • Natural Lake/Pond: A body of standing water, usually at least 6 feet deep, which was created by natural processes.
2. Riparian Plant Community: Plant communities associated with watercourses shall be delineated using specific USDA Forest Service and U.S. Department of Interior Fish and Wildlife Service publications.
3. Wetlands: Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions. Identification of wetlands shall be according to the 1987 Corps of Engineers Wetlands Delineation Manual. This definition excludes irrigation induced wetlands.

D. No Development, Setbacks/Buffers Required

Due to the risk of severe negative impacts on the community if waterbodies and wetlands are developed, and the necessity to protect the natural functions of these resources, physical development and use of these resources is prohibited in most cases and a setback/buffer is required. Compliance with wetland standards must be provided by a qualified professional. 1. Development Prohibited: Physical development and use in waterbodies and wetlands is prohibited except for essential facilities. 2. Setback/Buffer Required: All physical development and use is required to be setback from specified resources as follows: - Rivers: 150 feet. - Streams: Physical development and use shall be located out of the riparian plant community, but in no case shall the required setback be less than 50 feet or more than 150 feet. - Natural Lake/Pond: Physical development and use shall be located out of the riparian plant community, but in no case shall the required setback be less than 50 feet or more than150 feet. - Wetlands: 30 feet. - Measurement: Setbacks shall be measured from the mean high water or top of bank, whichever is farthest from the thread of the watercourse or the center of the waterbody. - Buffer: The area protected by the setback is the “buffer” and shall remain free from physical development and use, parking, and open storage of vehicles, refuse, or any other material. Terrain disturbance for agricultural purposes, flood protection, wildlife habitat enhancement, or public pathways are permitted in the buffer upon receipt of applicable permits. - Land Protected by a Conservation Easement: Land protected by a conservation easement, where proposed development density is equal to or less than one unit per 70 acres and the total acreage subject to the easement is 320 acres or more, shall be exempt from certain stream setbacks required by this Subsection. The stream setback for land under a conservation easement may vary based upon the wildlife, agricultural, and scenic analyses performed as part of the design of the easement. Under no circumstances, however, shall the setback from streams be less than 50 feet. 3. Development of Essential Facilities - Waterbodies: Certain water dependent uses, bona fide stream restoration and enhancement, and essential road or utility crossings must be located in or adjacent to waterbodies. These may be permitted provided all physical development meet the following requirements. - Flood Control, Irrigation, or Essential Crossings: Only physical development that is essential to flood control or irrigation, bona fide stream restoration and enhancement, or essential road or utility crossings shall be permitted. - Not for Human Habitation: Structures shall not be intended or designed for human habitation. - Minimize Negative Impacts on Wildlife: All physical development and use shall be designed to minimize negative impacts on wildlife. - Wetlands: Wetlands may be physically developed or used under the following circumstances. Receipt of a local permit does not absolve an applicant from obtaining all other State or Federal permits necessary to develop wetlands. - High-Intensity Use Degrades Wetland/ Wetland Agriculture-Induced: Where the intensity of adjoining use(s) cause the retained wetlands to become degraded habitats and the wetland area is suitable for physical development or use due to planning, location, and other factors, or where the wetland is induced by irrigation. - Necessary to Reshape Wetland to Provide Building Site: Where, due to the shape of the lot of record and its interaction with topography, it is necessary to reshape the wetland boundary to provide a building envelope, filling up to 5% of the wetland on the lot of record, not to exceed 1 acre, is permitted. - Essential Crossings When No Alternate Site: Essential utility and road crossings shall be permitted to impact wetlands where it is demonstrated that the proposed crossings cannot be practically located without impacting wetlands. - Wetland Impacts Require Mitigation: When wetlands that are not irrigation induced are impacted in accordance with this Section, the following mitigation standards shall apply. - All Practical Measures to Reduce Impact: It shall be demonstrated that reasonable project modification measures have been taken to reduce wetland loss and degradation. - On-Site Mitigation Wherever Practicable: On-site mitigation shall be provided wherever practicable. Where it is demonstrated that on-site mitigation is not practicable, off-site mitigation shall be permitted. All mitigation shall be at a ratio of 2 acres of new wetland for every one acre of wetland impacted. The new wetlands shall restore lost wetland functions and values. A wetland scientist or other professional with experience in wetland creation shall prepare the Habitat Enhancement Plan, and shall be responsible for implementation of the plan as approved. - Encroachment Into the Buffer: Encroachment into the buffer is permitted in accordance with this Section and does not require wetland mitigation for impacts to the buffer. - Wetland Replanting: The new wetland area shall be planted with a hydric tolerant mix of seeds in suitable areas, wetland plants, and suitable seed bank soils. A wetlands biologist, or other professional with experience in wetland creation, shall certify the planting plan. - Persistence: It shall be demonstrated that the created or restored wetland will be at least as persistent as the impacted wetland system it replaces. - Buffer: Buffers in accordance with this Section shall be provided around wetlands that are created pursuant to this Subsection.

Division 5.1: General Environmental Standards

The aim of this division is to ensure the health and survival of native species, and to improve the quality of water and air. The division recognizes the importance of wildlife and natural resources in shaping the community's character.