14.100.580 Fish and Wildlife Habitat Conservation Areas—Additional Requirements for Critical Saltwater Habitats.
A. Critical saltwater habitats require a higher level of protection due to the important ecological functions they provide.
B. Where inventory of critical saltwater habitat has not been completed, over water and near-shore developments in marine and estuarine waters shall be required to complete a habitat assessment of site and adjacent beach sections to assess the presence of critical saltwater habitats and functions. The methods and extent of the inventory shall be consistent with WAC 173-26-221(2)(c)(iii)(C). The city will work with WDFW to define this area.
C. Policies for critical saltwater habitats include:
1. Critical saltwater habitats shall be protected and restored.
2. The management of shorelands as well as submerged areas shall be integrated by the city, as ecological functions of marine shorelands can affect the viability of critical saltwater habitats.
3. The city should include state resource agencies, the Port of Grays Harbor, Grays Harbor County and affected tribes in critical saltwater habitat planning efforts and determine which habitats and species are of local importance.
4. The city shall protect kelp and eelgrass beds, forage fish spawning and holding areas and priority species habitat identified by WDNR’s aquatic resources division, the WDFW, Ecology and affected tribes as critical saltwater habitats.
5. Comprehensive saltwater habitat management planning should identify methods for monitoring conditions and adapting management practices to new information.
6. The inclusion of commercial aquaculture in the critical saltwater habitat definition does not limit its regulation as a use.
D. Docks, piers, bulkheads, bridges, fill, floats, jetties, utility crossings and other human-made structures shall not intrude into or over critical saltwater habitats except when all of the conditions below are met:
1. Public need is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;
2. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable or disproportionate cost to accomplish the same general purpose;
3. The project and any required mitigation will result in no net loss of ecological functions associated with critical saltwater habitat; and
4. The project is consistent with the state’s interest in resource protection and species recovery.
E. Private, noncommercial docks for individual residential or joint use (community use) may be permitted if it is infeasible to avoid impacts by an alternative alignment or location and the project including any required mitigation will result in no net loss of ecological functions associated with the critical saltwater habitat.
F. Until an inventory of critical saltwater habitat has been done, the SMP shall condition all over water and nearshore developments in marine and estuarine waters with the requirement for an inventory of the site and adjacent beach sections to assess the presence of critical saltwater habitats and functions.
1. The methods and extent of the inventory shall be consistent with accepted research methodology.
2. At a minimum, the city should consult with Ecology technical assistance materials for guidance.