Chapter 18.60
ESTUARY NATURAL ZONE (EN)

Sections:

18.60.010  Purpose and areas included.

18.60.020  Uses permitted with standards.

18.60.030  Conditional uses.

18.60.040  Regulated activities.

18.60.010 Purpose and areas included.

The purpose of the EN zone is to provide for preservation and protection of significant fish and wildlife habitats and other areas which make an essential contribution to estuarine productivity or fulfill scientific research or educational needs. Except where a goal exception has been taken in the Garibaldi comprehensive plan, the EN zone includes the following areas within the estuary:

A. Major tracts of tidal marsh, intertidal flats and seagrass and algae beds. The “major tract” determination is made through a consideration of all the following criteria: size/extent; habitat value; scarcity; and degree of alteration. [Ord. 290 § 3(3.090(1)), 2006.]

18.60.020 Uses permitted with standards.

The following uses are permitted with standards within the EN zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met:

A. Maintenance and repair of existing structures or facilities involving a regulated activity.

B. Navigational aids.

C. Vegetative shoreline stabilization.

D. Temporary dikes for emergency flood protection.

E. Mooring buoy.

F. Tidegate installation in existing functional dikes.

G. Bridge crossing and bridge crossing support structures. [Ord. 290 § 3(3.090(2)), 2006.]

18.60.030 Conditional uses.

The following uses are conditional within the EN zone and may be permitted by the planning commission, subject to the procedures in Chapter 18.165 GMC, provisions of Chapter 18.185 GMC and the development standards in Chapter 18.160 GMC:

A. Aquaculture and water-dependent portions of aquaculture facilities that do not require dredging or fill.

B. Riprap to protect unique natural resources, historical and archaeological values, public facilities and uses existing as of October 7, 1977, and uses allowed by this zone.

C. Water, sewer, gas or phone lines.

D. Electrical distribution lines and line support structures.

E. Active restoration and estuarine enhancement.

F. Temporary low water bridges.

G. Temporary alterations.

H. Boat ramps for public use where no dredging or fill for navigational access is needed.

I. Water intake structures for outbay aquaculture.

J. Transportation facilities as defined in GMC 18.05.030, specifically:

1. Normal operation and maintenance of transportation facilities;

2. Installation of transportation improvements within the existing right-of-way;

3. Projects identified in the adopted transportation system plan not requiring future land use review and approval;

4. Landscaping as part of a transportation facility;

5. Emergency transportation facility measures;

6. Street or road construction as part of an approved subdivision or partition;

7. Transportation projects that are not designated improvements in the transportation system plan; and

8. Transportation projects that are not designed and constructed as part of an approved subdivision or partition. [Ord. 290 § 3(3.090(3)), 2006.]

18.60.040 Regulated activities.

The following regulated activities are permitted within the EN zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedure provided in Chapter 18.165 GMC.

A. Regulated activities for the purpose of on-site maintenance and repair of existing structures or facilities, limited to:

1. Dredging for on-site maintenance of:

a. Drainage tiles;

b. Drainage ditches;

c. Tidegates;

d. Bridge crossing support structures;

e. Water, sewer, gas or phone lines;

f. Electrical distribution lines;

g. Outfalls.

2. Fill or riprap for on-site maintenance of:

a. Dikes;

b. Bridge crossing support structures or other land transportation facilities.

3. Replacement of piling.

B. Riprap for structural shoreline stabilization and protection of uses allowed in this zone.

C. Piling installation for:

1. Navigational aids;

2. Aquaculture facilities;

3. Bridge crossing support structures;

4. Public boat ramps.

D. Dredging for installation of:

1. Water, sewer, gas or communication lines;

2. Electrical distribution lines;

3. Tidegates in existing dikes adjacent to EN zones;

4. Water intake facilities.

E. Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.

F. Regulated activities in conjunction with temporary alterations.

G. Fill for installation of public boat ramps or bridge crossing support structures.

H. Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks. [Ord. 290 § 3(3.090(4)), 2006.]