Chapter 86.72


86.72.005    Definitions.

86.72.010    Diking, dredging, filling and dredge spoils disposal – Coastal permit required.

86.72.020    Diking, filling or dredging – When permitted.

86.72.030    Dredging and dredge spoils disposal regulated.

86.72.040    Diking, filling and dredging regulated.

86.72.050    Alteration of coastal wetlands in Wildlife Preserve Zone regulated.

86.72.005 Definitions.

A. “Estuaries” means coastal water bodies usually semi-enclosed by land, but which have open, partially obstructed, or intermittent exchange with the ocean and in which ocean water is at least occasionally diluted by fresh water runoff from the land. The salinity may be periodically increased above the open ocean by evaporation. In general, the boundary between “wetland” and “estuary” is the line of extreme low water.

B. “Open coastal waters” refers to the open ocean overlaying the continental shelf and its associated coastline, including bays, canals, etc. Salinities exceed 30 parts per 1,000 with little or no dilution except opposite mouths of estuaries.

C. “Wetlands” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats and fens. (Ord. 1588; Ord. 1531)

86.72.010 Diking, dredging, filling and dredge spoils disposal Coastal permit required.

Diking, dredging, filling and dredge spoils disposal in open coastal waters and wetlands shall require City issuance of a coastal permit. The coastal permit shall only be issued after verification that the activities are necessary, appropriate and designed to minimize or mitigate resultant adverse environmental impact. The applicant, at the determination of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet these criteria. (Ord. 1588)

86.72.020 Diking, filling or dredging When permitted.

A. The diking, filling, or dredging of open coastal waters and wetlands shall be permitted only where there is no feasible, less environmentally damaging alternatives and where feasible mitigation measures have been provided to minimize adverse environmental effects, and when limited to the following:

1. New or expanded port, energy, and coastal-dependent industrial or visitor serving facilities including commercial fishing facilities.

2. Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps, or moving dredged material from such sites to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

3. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the City determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall, by regulation, prohibit the use of such methods.

4. In open coastal waters, other than wetlands, new or expanded boating facilities.

5. Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

6. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.

7. Restoration purposes.

8. Nature study, aquaculture, or similar resource-dependent activities.

B. The applicant, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet the above criteria.

86.72.030 Dredging and dredge spoils disposal Regulated.

Dredging and dredge spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

86.72.040 Diking, filling and dredging regulated.

A. Where feasible, diking, filling, dredging, and construction activities shall be timed to minimize their impact on the mating, nesting, or hatching of endangered birds, or the spawning of grunion. Diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary.

B. Where any dike and fill development is permitted in wetlands in conformity with these policies, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action. If no appropriate restoration site is immediately available, an in-lieu fee sufficient to provide an area of equivalent productive value shall be paid to the City. Surface areas shall be dedicated to the City, or such replacement site shall be purchased by the City before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking; provided, that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time.

86.72.050 Alteration of coastal wetlands in Wildlife Preserve Zone regulated.

Any alteration of coastal wetlands in the Wildlife Preserve Zone shall be limited to very minor incidental public facilities, restorative measures, nature study and development in already developed parts of the bay, if otherwise in accordance with requirements of this chapter.