3164

COUNTY LOCAL LAWS

department of public works, or by other public
agencies, or by engineering studies by the applicant
for the building permit in lieu thereof, the following
minimum setbacks for structures shall apply:

There shall he a minimum setback of five hundred
feet for all buildings from the banks of the Potomac
River, the Great and Little Seneca Creeks, and Hock
Creek, and from the Patuxent River; and there shall be
such setbacks required from streams or tributaries in
the watersheds of such creeks and rivers as may be
found justifiable by the county health officer to
protect the health and welfare of the citizens of the
county; provided, however, that all land lyinq between
the five hundred foot setback line and the Great and
Little Seneca Creeks, and Rock Creek, and the Patuxent
River, contiguous to the setback line and elevated
twenty feet or more above the fifty-year highwater
mark of such watercourses, shall not be subject to
such setback; and all land elevated ten feet or more
above the fifty-year highwater mark of any tributary
of the watercourses shall not be subject to the
provisions of this section; and, provided further,
that setback line shall in no event include more than
fifty percent of the slope of land containing the
stream valley; and provided further, that this section
shall not apply in any portion of the watershed of
such watercourse where a park taking line has been
established pursuant to applicable law after notice of
public taking.

SECTION 2. Emergency Legislation. The Council
hereby declares that an emergency exists and that this
legislation is necessary for the immediate protection
of public health and safety. Therefore, this Act
shall take effect on the date on which it becomes law.

Not approved.