TC Planning Commission Considers Riparian Buffer Ordinance, East Front Properties

Traverse City planning commissioners will review a long-discussed riparian buffer ordinance tonight (Tuesday) ahead of an upcoming public hearing – a key step toward getting new rules in place for sensitive waterfront zones. Planning commissioners will also discuss a rezoning request for three properties on East Front Street, which are proposed to be combined to host a new drive-through bank.

Riparian Buffer Zone
Planning commissioners are working toward accomplishing one of their key goals for 2026: completing a new riparian buffer ordinance that’s been in the works for several years.

The board will review the latest draft tonight and potentially schedule an upcoming public hearing on the new ordinance. For the city’s purposes, riparian lands refer to “properties with frontage on an inland lake, river, stream, or Great Lakes,” according to the city’s website. “Riparian buffer is the naturalized area upland of the water’s edge, ordinary high water mark (OHWM) of a lake, or edge of the streambank or riverbank.”

Such shoreline areas are ecologically sensitive, impacting everything from water quality to fish habitat to unique plants and species that flourish in riparian zones. Proactively managing them and minimizing development impacts can not only “protect the watershed” but “play a role in protecting erosion banks and promoting flood resilience,” according to the city.

According to a staff memo, the new regulations are broken into two categories. The first consists of tweaks to the city’s existing zoning ordinance.  “Right now, there are several riparian-related regulations sprinkled throughout the zoning ordinance,” the memo states. “These regulations were not written at the same time or with a riparian buffer lens.”

Recommended updates include tightening up setback requirements for accessory buildings and encroachments – like patios, decks, drive aisles, and parking – on waterfront properties. River and lake setbacks could be increased in certain districts, with a new creekside setback introduced in some areas. New regulations are recommended overall for creekside properties, like those along Kids Creek – which has an “extensive” floodplain compared to other bodies of water, according to the memo.

The second category of changes is the new set of regulations under the proposed riparian buffer zone ordinance. It establishes two riparian zones. The larger Riparian Buffer Zone would include the first 25 feet from the OHWM or 50 feet along Grand Traverse Bay and Boardman Lake. Most activities, buildings, and impervious surfaces would be restricted in this zone. “This includes applying chemical fertilizer and pesticides or storing snow within the full buffer area,” the memo states. Tree removal would be prohibited, as it is already under city rules. Exceptions exist for decks, docks, walkways, public improvements, limited tree trimming, and groomed beachfront if not in a regulated shoreline wetland area.

The second zone is called the Critical Riparian Zone. It includes the first 10 feet from the OHWM and overlays the Riparian Buffer Zone. This zone restricts the removal of vegetation, establishing a no-mow zone, and doesn’t allow private decks. Exceptions include private water access areas on Boardman Lake/River – like non-motorized watercraft launches, steps, or an observation deck – provided they meet a list of criteria. On other water bodies, private access pathways/steps are allowed with restrictions, with private footbridges also allowed on creeks/streams. Owners can also submit a landscape plan for native plantings or naturalized shore protection measures in the no-mow zone.

Crucially for waterfront property owners, the memo notes that existing structures can remain in the buffer areas. “These become legal nonconforming (grandfathered) structures with the right to remain if not enlarged or expanded,” the memo states. However, “practices such as no-mow zones, placement of compost and snow piles within the buffer area, and chemical treatment within the buffer areas are immediately illegal upon the adoption of these regulations.”

The city has created an interactive map to allow residents to see the proposed buffers on individual properties. The new ordinance is “designed to be easy to regulate, prioritize protection of the critical first 10 feet of riparian zone upland of the OHWM, and encourage naturalized shoreline landscaping, while allowing property owners reasonable use, viewsheds, and access within the riparian zones,” according to staff. Any draft supported by planning commissioners after a public hearing would go to city commissioners for final approval.

East Front Street Properties
Planning commissioners tonight will also discuss a rezoning request for three properties on East Front Street. The board previously reviewed 1026, 1028, and 1040 East Front Street – located next to the former Burger King site near the East Front/Garfield intersection – at their May 19 meeting. The three parcels, owned by Dennis Prout, include two vacant sites and one site that hosts the former Prout Financial building. The properties are currently zoned HR (Hotel Resort); Prout is seeking to rezone them to C-3 (Community Center District). According to a staff memo, a buyer is interested in combining the parcels to “allow for the possibility of a drive-through financial institution.”

While staff previously said the city’s master plan supports the rezoning, a new memo states that “upon further review, this proposed rezoning is not clearly and fully supported by the master plan.” The master plan refers to a variety of possible future zoning districts that are not available for the site today, staff said. Because the master plan doesn’t “provide strong short-term guidance for zoning decisions for this area,” planning commissioners have “latitude to take into consideration current conditions” like existing development patterns to evaluate the request, staff said.