Chapter 18.55
ESTUARY ZONES – GENERAL USE PRIORITIES AND AREAS INCLUDED
Sections:
18.55.020 Uses permitted outright.
18.55.010 General priorities.
Estuary zones shall be applied to all estuarine waters, intertidal areas, submerged and submersible lands and tidal wetlands up to the line of nonaquatic vegetation of the mean higher high water (MHHW) line, whichever is most landward. [Ord. 290 § 3(3.080(1)), 2006.]
18.55.020 Uses permitted outright.
The following uses are permitted outright within all estuary zones:
A. Maintenance and repair of existing structures or facilities not involving a regulated activity. For the purpose of this chapter, “existing structures or facilities” are defined as:
1. Structures or facilities in current use or good repair as of the date of adoption of the ordinance codified in this chapter (including structures or facilities which are in conformance with the requirements of this chapter and nonconforming structures or facilities established prior to October 7, 1977).
B. Low-intensity, water-dependent recreation, including but not limited to fishing, crabbing, clamming, wildlife observation, swimming and hunting.
C. Research and educational observation.
D. Grazing of livestock.
E. Fencing; provided, that it is not placed across publicly owned lands or publicly owned intertidal areas so as to restrict public access to or recreational boating access across said lands and intertidal areas.
F. Passive restoration.
G. Dike maintenance and repair for:
1. Existing serviceable dikes (including those that allow some seasonal inundation); and
2. Dikes that have been damaged by flooding, erosion or tidegate failure where the property has not reverted to estuarine habitat; and
3. Dikes that have been damaged by flooding, erosion or tidegate failure where the property has reverted to estuarine habitat only if the property is in the farm (F-1) zone and it has been in agricultural use for three of the last five years and reversion to estuarine habitat has not occurred more than five years prior.
Garibaldi will rely on the U.S. Army Corps of Engineers and the Division of State Lands to determine whether an area has reverted to estuarine influence.
For the purpose of this subsection, “agricultural use” means using an area for pasture several months of the year or harvesting this area once a year. [Ord. 290 § 3(3.080(2)), 2006.]