14.50.440.02 Regulations.
A. All proposed flood hazard management measures shall comply with the Aberdeen Hazard Mitigation Plan and Chapter 15.52, Flood Damage Prevention, where applicable.
B. Development in floodplains shall not increase flood hazards.
C. New development or new uses in shoreline jurisdiction, including subdivision of land, shall not be established when it would be reasonably foreseeable that the use or development would require structural flood hazard reduction measures within the CMZ or floodway.
D. New structural flood hazard management measures may be permitted if:
1. No net loss of ecological functions and values will occur;
2. A scientific and engineering analysis confirms they are necessary to protect existing development;
3. Nonstructural flood hazard management measures are not feasible; and
4. Appropriate vegetation conservation actions are undertaken as outlined in Section 14.50.430.
E. If new structural flood hazard management measures are required, as documented in a geotechnical analysis, the structural measures shall be placed landward of any associated wetlands and shoreline buffer areas except for actions that increase ecological functions, such as wetland restoration, or if it is determined that no other alternative to reduce flood hazard to existing development is feasible.
F. New publicly funded structural flood hazard management measures, including dikes and levees, shall dedicate and improve public access except when those improvements would:
1. Cause health or safety hazards or security problems;
2. Result in significant immitigable ecological impacts;
3. Create a conflict of uses; or
4. Cost a disproportionate or unreasonable amount relative to the total long-term cost of the development.
G. Removal of gravel for flood management purposes shall be consistent with Section 14.50.630, and permitted only after a biological and geomorphological study demonstrates that the extraction:
1. Provides a long-term benefit to flood hazard management;
2. Does not result in a net loss of ecological functions; and
3. It is part of a comprehensive flood management solution.
H. New development within floodways and the CMZ shall not interfere with the process of channel migration or cause a net loss of ecological functions.
I. Development in the CMZ and floodways is limited to:
1. Actions that protect or restore ecosystem-wide processes or ecological functions;
2. Forest practices in compliance with the FPA;
3. Existing and ongoing agricultural practices, provided no new restrictions to channel movement occur;
4. Mining uses conducted consistent with the shoreline environment designation and the provisions of WAC 173-26-241(3)(h);
5. Bridges, utility lines and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in an unreasonable and disproportionate cost;
6. Repair and maintenance of an existing legal use; provided, that the repair and maintenance do not cause significant ecological impacts or increase flood hazards to other uses;
7. Modifications or additions to an existing nonagricultural legal use; provided, that channel migration is not further limited and that the new development includes appropriate protection of ecological functions; or
8. Measures to reduce shoreline erosion, if it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream.