14.50.590.02 Regulations.
A. Water-dependent industrial and port uses shall have shoreline location priority over all other uses in the high intensity shoreline environment designation.
B. The location, design and construction of industrial and port development shall not result in net loss of ecological functions or have significant negative impacts to shoreline use, resources and navigation, recreation and public access.
C. New ports and industrial uses that are located in the aquatic shoreline environment designation shall be the minimum size necessary to support the proposed use and multiple uses of over-water facilities are encouraged.
D. New non-water-oriented uses are prohibited in shoreline jurisdiction unless they meet one (1) of the following criteria:
1. It is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit such as providing public access or ecological restoration;
2. Navigability is severely limited on the site and the industrial use provides a significant public benefit of providing public access or ecological restoration;
3. The site is physically separated from the shoreline by another property or public right-of-way; or
4. The site is adjacent to a tributary such as Fry Creek or an associated wetland and not the Chehalis, Hoquiam or Wishkah River or the Grays Harbor Estuary.
E. Public access should be incorporated where feasible. Public access shall be required where feasible for new industrial and port development on publicly owned land and does not interfere with operations, violate federal security regulations or endanger public health and safety.
F. Industrial and port development shall comply with all local, state and federal requirements regarding air and water quality.
G. BMPs shall be strictly adhered to for facilities, vessels and products used in association with these facilities and vessels.
H. All developments shall include the capability to contain and clean up spills, discharges or pollutants and shall be responsible for any pollution which they cause.
I. Procedures for handling toxic materials in shoreline areas shall prevent their entering the air or water.
J. Accessory development, which does not require a shoreline location, shall be located upland of the water-dependent portions of the development and set back from the OHWM as set forth in the shoreline environment designation.
K. All new or expanded upland industrial or port development shall be set back and buffered from adjacent shoreline properties which are used for nonindustrial purposes. Buffers shall be of adequate width, height and plant and soil composition to protect shorelines and such other properties from visual or noise intrusion, minimize erosion and protect water quality. New or expanded industrial and port development shall be set back and buffered from the shoreline except those water-dependent portions of the development, which require direct access to the water, or shoreline and any adverse impacts are minimized.
L. Buffers shall not be used for storage of industrial or port equipment or materials or for waste disposal, but may be used for outdoor recreation if consistent with public access and other provisions of the SMP.