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A. The following activities may be permitted by the shoreline administrator in water bodies or their buffers; provided, that:

1. The specified requirements for the activities have been included in the design and implementation of the proposal;

2. The applicant has taken all reasonable measures to avoid adverse effects on water body and water body buffer functions and values;

3. The applicant has provided compensatory mitigation for all adverse impacts to water bodies and their buffers that cannot be avoided;

4. The applicant has demonstrated that the amount and degree of alteration are limited to the minimum needed to accomplish the project purpose; and

5. The activities and uses are not prohibited by any other applicable law.

B. Restoration of streams previously piped or channeled into a new or relocated stream bed when part of a restoration plan that will result in equal or better habitat and water quality and quantity and that will not diminish the flow capacity of the stream or other natural stream processes; provided, that the relocation has a state hydraulic project approval and all other applicable permits.

C. Road, trail, bridge and right-of-way crossings, provided they meet the following criteria:

1. Development is completed in accordance with design guidelines found in Section 14.50.596, Transportation facilities.

2. There is no other feasible alternative route with less impact on critical areas.

3. The crossing minimizes interruption of natural processes such as the downstream movement of wood and gravel and the movement of all fish and wildlife.

a. Bridges are preferred for all stream crossings and should be designed to maintain the existing stream gradient and substrate, provide adequate horizontal clearance on each side of the OHWM and adequate vertical clearance above the OHWM for animal passage.

b. If a bridge crossing is not feasible, culverts shall be designed according to applicable state and federal guidance criteria for fish passage as identified in Fish Passage Design at Road Culverts, WDFW March 1999 and/or the NMFS Service Guidelines for Salmonid Passage at Stream Crossings, 2000 (and subsequent revisions) and in accordance with a state hydraulic project approval.

c. The applicant or property owner shall maintain fish passage through the bridge or culvert.

4. The city may require that existing culverts be removed, repaired or modified as a condition of approval if the culvert is detrimental to fish habitat or water quality and a feasible alternative exists.

5. Crossings shall be limited to the minimum width necessary. Common crossings are the preferred approach where multiple properties can be accessed by one (1) crossing.

6. Access to private development sites may be permitted to cross streams, if there are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.

D. Passive outdoor recreational or educational activities which do not significantly affect the function of the water body or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) and meet the following criteria:

1. Trails shall not exceed four (4) feet in width and shall be surfaced with gravel or pervious material, including boardwalk.

2. The trail or facility shall be located in the outer twenty-five (25) percent of the buffer area, unless a location closer to the water body edge is required for interpretive purposes.

3. The trail or facility shall be constructed and maintained in a manner that minimizes disturbance of the water body or buffer.

E. Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and transformers or other facilities containing hazardous substances, may cross water bodies or be located in buffers, if the following criteria are met:

1. Utility construction is in accordance with design guidelines found in Section 14.50.597, Utilities.

2. There is no reasonable location or route that does not cross the water body or can be located outside the buffer based on analysis of system needs, available technology and alternative routes. Location within a buffer shall be preferred over a location within a water body. Crossings shall be contained within the footprint of an existing road or utility crossing, where possible.

3. Impacts to fish and wildlife habitat shall be avoided to the maximum extent possible and mitigated when avoidance is not feasible.

4. Utilities that cross water bodies shall be as close to perpendicular to the channel as possible, to minimize disturbance. Boring under the water body may be required.

5. If not a crossing, the utility line shall be located as far from the water body as possible.

6. The utility installation shall maintain the existing stream gradient and substrate.

7. Clearing, grading, and excavation activities shall be limited to the minimum necessary to install the utility line, and the area must be restored following utility installation.

F. Stormwater conveyance or discharge facilities such as infiltration systems, dispersion trenches, level spreaders and outfalls may be permitted in a fish and wildlife habitat conservation area buffer on a case-by-case basis when all of the following are met:

1. Facilities are constructed in accordance with design guidelines found in Section 14.50.597, Utilities;

2. Due to topographic or other physical constraints, there are no feasible locations for these facilities outside the buffer;

3. The discharge is located as far from the OHWM as possible and in a manner that minimizes disturbance of soils and vegetation;

4. The discharge outlet is in an appropriate location and is designed to prevent erosion and promote infiltration; and

5. The discharge meets stormwater flow and water quality standards as provided in Chapter 13.70, Storm and Surface Water Management.

G. Stream bank stabilization, shoreline protection and public or private launching ramps may be permitted subject to all of the following standards:

1. Stream bank stabilization, shoreline protection and public or private launching ramps are constructed in accordance with design guidelines found in Sections 14.50.610, General shoreline modification provisions, 14.50.660, Shoreline stabilization and 14.50.560, Boating and water access facilities;

2. Natural shoreline processes will be maintained to the maximum extent feasible. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate or eliminate or reduce sediment supply from feeder bluffs;

3. Adverse impacts to fish or wildlife habitat conservation areas, specifically juvenile and adult fish migration corridors, and/or associated wetlands will be mitigated;

4. Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation or installing on-site drainage improvements, are not feasible or not sufficient;

5. Stabilization is achieved through bioengineering or soft armoring techniques in accordance with applicable hydraulic project approval issued by the WDFW; and

6. Hard bank armoring may occur only when the property contains an existing permanent structure(s) that is in danger from shoreline erosion caused by riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply.

H. New public flood protection measures and expansion of existing measures may be permitted; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not provide adequate protection and shall be subject to requirements in Section 14.50.660, Shoreline stabilization, where applicable, in addition to hydraulic project approval and other permits.

I. New docks shall be permitted only for public access, as an accessory to water-dependent uses or associated with a single-family residence; provided, that they are consistent with design guidelines found in Section 14.50.560, Boating and water access facilities, and designed and used only as a facility for access to watercraft.

1. To limit the effects on ecological functions, the number of docks should be limited and new subdivisions should employ shared moorage, whenever feasible. Docks on shorelines of the state must comply with policies and regulations of the city’s SMP.

2. Docks shall be located and designed to minimize adverse effects on ecological processes where the location could interfere with fluvial and limnal processes including gradient and substrate; recruitment of woody debris; and fish habitat, including that related to anadromous fish.

3. Docks shall be designed to minimize reduction in ambient light level by limiting width to the minimum necessary and shall not exceed four (4) feet in width, except where specific information on use patterns justifies a greater width. Materials that will allow light to pass through the deck may be required including grating on walkways or gangplanks in nearshore areas.

4. Approaches shall utilize piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and they shall be designed to avoid interfering with stream processes.

5. Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle currents, sediment movement, or movement of aquatic life forms or result in structure damage from driftwood impact or entrapment.

6. Docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term.

J. Launch ramps may be permitted for access to the water for the public or for residents of a development or for water-dependent use subject to the following criteria:

1. Launch ramps shall be located and designed in accordance with Section 14.50.560, Boating and water access facilities.

2. Launch ramps shall be located and designed to minimize adverse effects on fluvial and limnal processes including stream gradient and substrate; recruitment of woody debris; and fish habitat, including that related to anadromous fish.

3. Ramps shall be placed and maintained near flush with the bank slope. Preferred ramp designs, in order of priority, are:

a. Open grid designs with minimum coverage of beach substrate;

b. Seasonal ramps that can be removed and stored upland;

c. Structures with segmented pads and flexible connections that leave space for natural shoreline substrate and can adapt to changes in shoreline profile.

K. In-stream structures such as, but not limited to, high flow bypasses, dams and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC), shall be permitted only when the multiple public benefits are provided and ecological impacts are fully mitigated. Dams on shorelines of the state shall be regulated in accordance with the SMP. Dams on other streams that are within the shoreline jurisdiction but are not shorelines of the state shall require a variance as provided by Section 14.50.730.03, Shoreline variances.

1. In-stream facility locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish.

2. In-stream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient.

3. In-stream facilities shall provide mitigation of all impacts on aquatic species and habitat.

4. In-stream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW.

5. A construction bond for one hundred fifty (150) percent of the cost of the structure and all mitigation measures shall be filed prior to construction and a maintenance agreement shall specify responsibility for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.

L. Facilities that are water-dependent or water-oriented and facilities for necessary access may be located in water bodies and buffers; and provided, that the facility is located, designed, constructed and operated to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible. The shoreline administrator may require the submittal of a critical area report for facilities that are not associated with residential uses.

M. Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply:

1. Clearing and grading are conducted in accordance with Section 14.50.620, Clearing, grading, and fill;

2. Grading is allowed only during the designated dry season, which is typically regarded as May 1st to October 1st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, based on actual weather conditions;

3. Appropriate erosion and sediment control measures shall be used at all times; the soil duff layer shall remain undisturbed to the maximum extent possible; where feasible, disturbed topsoil shall be redistributed to other areas of the site; and

4. The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces.

N. Repairs to Existing On-Site Sewage Systems. Repairs to failing on-site sewage systems associated with an existing structure shall be accomplished by utilizing one (1) of the following methods that result in the least impact:

1. Connection to an available public sanitary sewer system;

2. Replacement with a new on-site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with Grays Harbor County Environmental Health Department; or

3. Repair to the existing on-site septic system.

O. Activities in water bodies or water body buffers not expressly allowed by Section 14.100.050, Exempt and Allowed Activities, shall require review by the shoreline administrator and shall require submittal of a critical area report. The shoreline administrator may modify critical area report requirements according to Section 14.100.061, Critical Area Reports – Modifications to Requirements.

(Ord. 6611 § 1, Amended, 08/09/2017)