A. In-water structures shall require a shoreline conditional use permit, except for those structures installed to protect or restore ecological functions, such as woody debris installed in streams.

B. In-water structures shall be designed, constructed and maintained to ensure no net loss of shoreline ecological functions.

C. A professional engineer licensed in the state shall certify the designs of all in-water structures and include a monitoring and maintenance schedule.

D. Appropriate engineering principles and BMPs, including guidelines of the WDFW, NRCS and the USACE, shall be used in the design of in-water structures. The WDFW’s Integrated Streambank Protection Guidelines may be used for BMPs for in-water structures.

E. The mitigation sequence in Section 14.50.420 shall be required, with mitigation required for all unavoidable impacts to ecological functions. If critical areas in the shoreline jurisdiction are impacted, the project is subject to Section 14.50.430.

F. Projects involving in-water work may not commence without having obtained all applicable local, state, and federal permits and approvals.

G. If at any time, because of in-water work, fish are observed to be in distress or water quality problems develop, immediate notification shall be made to the appropriate state or federal agencies, including Ecology, the WDFW, the National Marine Fisheries Service (NMFS) or the United States Fish and Wildlife Service.

H. Alteration or disturbance of the bank and bank vegetation shall be limited to the minimum necessary to perform the in-water work. All disturbed areas shall be protected from erosion and be restored using vegetation or other means.

I. Waste material resulting from in-water structure installation and removal shall be deposited in an approved upland disposal site outside of the shoreline jurisdiction unless the applicant can demonstrate in-water disposal is the preferred method for the shoreline location and in-water disposal has been approved in accordance with Section 14.50.630.02.

J. Natural in-water features such as snags, uprooted trees or stumps should be left in place unless removal is approved by the WDFW.

K. Motor vehicles, appliances or other solid waste shall not be used as in-water structures. Demolition debris that is nontoxic, nonchemically contaminating, reclaimed materials may be used.

L. In-water structures designed by public entities shall include public access under Section 14.50.450 whenever feasible. At a minimum, in-water structures should not decrease public access or the use potential of shorelines.

M. In-water structures and uses shall be sited and designed to avoid the need for future shoreline stabilization and dredging.

N. New, expanded or replacement in-water structures shall only be permitted if it can be demonstrated that: