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A. Applicability.

1. Review is required for all new aquaculture facilities or farms, as well as projects that seek to expand an aquaculture use beyond the area for which a previous permit was issued.

2. Ongoing maintenance, harvest, replanting or changing of culture techniques or species does not require review under the SMP, unless the cultivation of the new species or the use of a new culture technique has the potential for significant adverse environmental impacts.

3. A written statement of exemption in accordance with Section 14.50.730.04 is required for all aquaculture activities that are reviewed as part of this SMP, but that do not require a shoreline substantial development permit, conditional use permit or variance.

B. Location.

1. Water-dependent portions of aquaculture facilities and their necessary accessories may be located waterward of the OHWM in the aquatic shoreline environment or in the shoreline buffer. Water intakes and discharge structures, water and power conveyances, and fish collection and discharge structures are considered water-dependent or accessory to water-dependent facilities.

2. All other elements of aquaculture facilities shall be located outside the shoreline buffer, unless those facilities are deemed water-related and proximity to the water-dependent project elements is critical to implementation of the facility’s purpose.

3. Sites shall be selected to avoid or minimize alteration of the shoreline. Applicants for aquaculture operations shall be required to demonstrate that the location of the proposed facilities avoids and minimizes impacts to on-site critical areas and habitats to the maximum extent feasible and limits impacts on existing public access points, navigable waters and other water-dependent uses.

4. Aquaculture facilities shall be designed and located so as not to spread disease to native aquatic life, establish new nonnative species that cause significant ecological impacts, or significantly affect the aesthetic qualities of the shoreline.

C. General Requirements.

1. Aquaculture that involves substantial aquatic substrate modification or sedimentation through dredging, trenching, digging or other mechanisms shall not be permitted in areas where the proposal would have long-term adverse impacts on the strength or viability of native stocks. The degree of proposed substrate modification shall be the minimum necessary for feasible aquaculture operations at the site.

2. New aquaculture proposals shall comply with mitigation sequence in Section 14.50.420. Aquaculture uses that would have a significant adverse impact on natural shoreline processes or result in a net loss of shoreline ecological functions are prohibited.

3. New aquatic species that were not previously found or cultivated in the shoreline jurisdiction shall not be introduced into fresh waters without prior written approval of the WDFW.

4. Permanent water-dependent instream facilities must be properly anchored to prevent channel migration, erosion or a safety hazard and must evaluate and mitigate potential adverse effects on adjacent properties upstream and downstream.

5. No processing of aquaculture products, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing facilities shall be located on land. If within shoreline jurisdiction, such facilities shall be subject to the applicable policies and regulations of Sections 14.50.550 and 14.50.590.

6. Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures or equipment shall be removed or repaired promptly by the owner.

7. Aquacultural uses shall comply with all applicable noise, air and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise.

8. Aquaculture facilities shall not substantially degrade the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings.

D. Commercial Geoduck Aquaculture.

1. Commercial geoduck aquaculture shall only be allowed where sediments, topography and land and water access support geoduck aquaculture operations without significant clearing or grading.

2. Planting, growing and harvesting of farm-raised geoduck clams require a substantial development permit if a specific product or practice causes substantial interference with normal public use of the surface waters.

3. A conditional use permit is required for new commercial geoduck aquaculture. Where an applicant proposes to convert existing nongeoduck aquaculture to geoduck aquaculture, a conditional use permit is required. No subsequent cycles of planting and harvest shall require a new conditional use permit.

E. Application Requirements.

1. Commercial aquaculture shall conform to all applicable state and federal regulations. The city may accept application documentation required by other permitting agencies for new and expanded aquaculture uses and development to minimize redundancy in permit application requirements.

2. Additional studies or information may be required by the city, which may include but is not limited to monitoring and adaptive management plans and information on the presence of and potential impacts to, including ecological and visual impacts, existing shoreline or water conditions and/or uses, vegetation and over-water structures.

3. The city shall provide public notice to affected tribes and all property owners within three hundred (300) feet of the proposed project boundary.

(Ord. 6611 § 1, Amended, 08/09/2017)