Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Page 43 of 56
Ord. ____-2012
(F) Monitoring the impact and compensation projects and taking appropriate corrective
measures.
ii. In accordance with WAC 173-26-221(2)(c)(iii) if inventories of critical saltwater habitats
(defined in WAC 173-26-221) have not been completed, overwater and near shore
developments in marine waters may not be approved without an inventory of the site and
adjacent beach sections to assess the presence of these habitats and their functions. The methods
and extent of the inventory shall be consistent with accepted research methodology, in
consultation with the Department of Ecology technical assistance materials.
iii. Public docks and docks serving four or more lots, piers, bulkheads, bridges, fill, floats, jetties,
utility crossings, lifts, stairs, ramps, and other human-made structures shall not intrude into or
over critical saltwater habitats unless all of these conditions are satisfied:
(A) The public's need for such an action or structure is clearly demonstrated and the proposal is
consistent with protection of the public trust, as embodied in RCW 90.58.020;
(B) Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is
not feasible (as defined WAC 173-26-020 (15)), or would result in unreasonable and
disproportionate cost to accomplish the same general purpose;
(C) The project, including any required mitigation, will result in no net loss of ecological
functions associated with critical saltwater habitat; and
(D) The project is consistent with the State's interest in resource protection and species recovery.
iv. Private, noncommercial docks for individual residential use, or for community use by the owners
of no more than three adjacent or nearby parcels, may be authorized provided that:
(A) Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is
not feasible; and
(B) The project, including any required mitigation, will result in no net loss of ecological
functions associated with critical saltwater habitat.
v. When feasible, public access and ecological restoration shall be incorporated into publicly
financed projects (see public access provisions of WAC 173-26-221(4)).
b. Shoreline Stabilization
i. Consistent with WAC 173-26-231 (3)(a)(iii)(B)(I,II,III), if erosion is not caused by upland
conditions (i.e. those landward of the OHWM) and a geotechnical report demonstrates the need
for protection, new, expanded and replacement shoreline stabilization measures are allowed
when necessary to protect the following types of existing development:
(A) The primary upland structure or accessory dwelling unit;
(B) Water dependent activities;
Comment [SH6]: To address public comment,
consider making a clear statement that new
overwater structures are not allowed in areas with
kelp, eelgrass, and documented (and potential)
forage fish spawning beaches, except when there is a
significant public benefit.
Comment [SH7]: To address public comment,
consider removing “water dependent activities” from
this list, and/or make a clear statement that new,
expanded and replacement bulkheads are not
allowed to protect areas where there is no primary
structure.
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