40.460.640 Shoreline Modification Regulations

A.    General Requirements.

1.    Structural modifications shall only be allowed where it can be demonstrated that the proposed activities are necessary to support or protect a legally existing shoreline use or primary structure that is in danger of loss or substantial damage, or are necessary for reconfiguration of the shoreline or bedlands for an allowed water-dependent use or for shoreline mitigation or enhancement purposes.

2.    Modifications shall only be allowed when impacts are avoided, minimized, and mitigated to assure no net loss of shoreline ecological functions.

3.    In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit.

B.    Dredging and Dredge Material Disposal.

1.    Dredging.

a.    Nonmaintenance dredging shall be avoided where possible. New dredging shall be permitted only where it is demonstrated that the proposed water-dependent or water-related uses will not result in significant or ongoing adverse impacts to water quality, fish and wildlife habitat conservation areas and other critical areas, flood holding capacity, natural drainage and water circulation patterns, significant plant communities, prime agricultural land, and public access to shorelines, unless one (1) or more of these impacts cannot be avoided. When such impacts are unavoidable, they shall be minimized and mitigated such that they result in no net loss of shoreline ecological functions.

b.    Maintenance dredging of established navigation channels and basins shall be restricted to managing previously dredged and/or existing authorized location, depth and width.

c.    Dredging and dredge disposal shall be prohibited on or in archaeological sites that are listed on the National Register of Historic Places, the Washington Heritage Register, and/or the Clark County Historic Register until such time that they have been reviewed and approved by the appropriate agency.

d.    Dredging shall be prohibited between the OHWM and minus fifteen (-15) feet CRD, unless shallow water habitat will be created to mitigate for the dredging project.

e.    New dredging activity is prohibited in the following locations:

(1)    Along net positive drift sectors and where geohydraulic/hydraulic processes are active and accretion shore forms would be damaged, altered, or irretrievably lost;

(2)    In shoreline areas with bottom materials that are prone to significant sloughing and refilling due to currents or tidal activity which result in the need for continual maintenance dredging; and

(3)    In habitats identified as critical to the life cycle of officially designated or protected fish, shellfish, or wildlife.

f.    Dredging and dredge disposal shall be scheduled to protect biological productivity (including, but not limited to, fish runs, spawning, and benthic productivity) and to minimize interference with fishing activities. Dredging activities shall not occur in areas used for commercial fishing (including, but not limited to, drift netting and crabbing) during a fishing season unless specifically addressed and mitigated for in the permit.

g.    Dredging techniques that cause minimum dispersal and broadcast of bottom material shall be used, and only the amount of dredging necessary shall be permitted.

h.    Dredging shall be permitted only:

(1)    For navigation or navigational access;

(2)    In conjunction with a water-dependent use of water bodies or adjacent shorelands;

(3)    As part of an approved habitat improvement project;

(4)    To improve water flow or water quality; provided, that all dredged material shall be contained and managed so as to prevent it from re-entering the water;

(5)    In conjunction with a bridge, navigational structure or wastewater treatment facility for which there is a documented public need and where other feasible sites or routes do not exist; or

(6)    To acquire sand and gravel for commercial purposes from within the Columbia River.

i.    Dredging for fill is prohibited except where the material is necessary for restoration of shoreline ecological functions.

2.    Dredge Material Disposal.

a.    Dredge material disposal shall be avoided where possible. Dredge disposal shall be permitted only where it is demonstrated that the proposed water-dependent or water-related uses will not result in significant or ongoing adverse impacts to water quality, fish and wildlife habitat conservation areas and other critical areas, flood holding capacity, natural drainage and water circulation patterns, significant plant communities, prime agricultural land, and public access to shorelines. When such impacts are unavoidable, they shall be minimized and mitigated such that they result in no net loss of shoreline ecological functions.

b.    Nearshore or landside disposal of dredge materials shall not be located upon, adversely affect, or diminish:

(1)    Stream mouths, wetlands, or significant plant communities (approved mitigation plans may justify exceptions);

(2)    Prime agricultural land except as enhancement;

(3)    Natural resources including but not limited to sand and gravel deposits, timber, or natural recreational beaches and waters except for enhancement purposes;

(4)    Designated or officially recognized wildlife habitat and concentration areas;

(5)    Water quality, quantity, and drainage characteristics; and

(6)    Public access to shorelines and water bodies.

c.    Dredged material shall be disposed of on land only at sites reviewed and approved by the USACOE and the Shoreline Administrator. Applicants shall demonstrate that the proposed site will ultimately be suitable for a use permitted by this Program. Disposal shall be undertaken such that:

(1)    The smallest possible land area is affected, unless dispersed disposal is authorized as a condition of permit approval for soil enhancement or other purposes;

(2)    Shoreline ecological functions and processes will be preserved, including protection of surface and groundwater;

(3)    Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property; and

(4)    Sites will be adequately screened from view of local residents or passersby on public rights-of-way to the maximum extent practicable.

d.    The following conditions shall apply to land disposal sites:

(1)    Springs and aquifers shall be identified and protected.

(2)    Containment dikes and adequate settling basins shall be built and maintained so that the water discharged from the site carries a minimum of suspended sediment. Required basins shall be designed to maintain at least one (1) foot of standing water at all times to encourage proper settling.

(3)    Proper diversion of surface discharge shall be provided to maintain the integrity of the natural streams, wetlands, and drainage ways.

(4)    There shall be a single point of ingress and egress for removal of the de-watered material.

(5)    Runoff shall be directed through grassy swales or other treatment features that assure protection of water quality and a location that maximizes circulation and fishing.

(6)    Sites shall be revegetated with appropriate native species as soon as possible to retard erosion and restore wildlife habitat and other critical areas functions.

(7)    Vegetation shall be maintained by the property owner.

(8)    Dredge materials deposited upland and not part of a permitted dike or levee shall constitute fill, and when deposited within the jurisdiction of this Program shall comply with the fill regulations.

(9)    The requirements of Chapter 13.26A shall be met.

e.    Dredged material shall be disposed of in water only at sites approved by the USACOE and the Shoreline Administrator. Disposal techniques that cause minimum dispersal and broadcast of bottom material shall be used, and only if:

(1)    Land disposal is infeasible, less consistent with this Program, or prohibited by law;

(2)    Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible;

(3)    Offshore habitat will be protected, restored, or enhanced;

(4)    Adverse effects on water quality or biologic resources from contaminated materials will be mitigated;

(5)    Shifting and dispersal of spoil will be minimal; and

(6)    Water quality will not be adversely affected.

f.    The deposition of dredged materials in water or wetlands shall only be in approved, open water disposal sites, and shall be permitted only:

(1)    To improve wildlife habitat;

(2)    To correct material distribution problems adversely affecting fish habitat;

(3)    To create, expand, rehabilitate, or enhance a beach when permitted under this Program and any required state or federal permit; or

(4)    When land deposition is demonstrated to be more detrimental to shoreline resources than water deposition.

C.    Flood Control Works and In-Stream Structures.

1.    Flood Control Works.

a.    Dikes and levees shall only be authorized by conditional use permit, and only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are infeasible, that impacts on shoreline ecological functions and critical areas can be mitigated to ensure no net loss, and that appropriate vegetation conservation actions are undertaken.

b.    Dikes and levees shall protect the natural processes and resource values associated with streamways and deltas including but not limited to wildlife habitat.

c.    Springs and aquifers shall be identified and protected.

d.    Public access shall be provided in accordance with public access policies and regulations of this Program.

e.    Dikes and levees shall be limited in size to the minimum height required to protect adjacent lands from the protected flood stage as identified in the applicable comprehensive flood control management plan or as required by FEMA for dike recertification.

f.    Dikes and levees shall not be constructed with material dredged from the adjacent wetland or stream area unless part of a comprehensive flood and habitat enhancement plan, and then only by conditional use.

g.    Removal of gravel for flood management purposes shall be consistent with an adopted flood hazard reduction plan and with this Program, and allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of shoreline ecological functions, and is part of a comprehensive flood management solution.

2.    Flood Control Works Design.

a.    Dikes and levees shall be designed, constructed, and maintained in accordance with hydraulic project approval, and in consideration of resource agency requirements and recommendations.

b.    Dikes and levees shall be set back at convex (inside) bends to allow streams to maintain point bars and associated aquatic habitat through normal accretion. Where bank dikes have already cut off point bars from the edge of the floodway, consideration should be given to their relocation in order to lower flood stages and current velocities.

c.    Where dikes are necessary in intermediate gradient floodways to protect fringe areas, tangent diking is preferred over bank levees. Dikes and levees shall be located near the tangent to outside meander bends so that the stream can maintain normal meander progression and utilize most of its natural flood water storage capacity.

d.    Proper diversion of surface discharge shall be provided to maintain the integrity of the natural streams, wetlands, and drainages.

e.    The outside face of dikes shall be sloped at one and one-half to one (1.5:1) (horizontal to vertical) or flatter, and seeded with native grasses.

f.    Structural flood hazard reduction measures shall be placed landward of associated wetlands and vegetation conservation areas unless there is no other feasible alternative to reduce flood hazard to existing development.

3.    In-Stream Structures.

a.    In-stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The county may condition the permit to achieve this objective by requiring that the development include features such as setbacks, buffers, or storage basins.

b.    Natural in-stream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are not enhancing shoreline ecological function or are a threat to public safety.

c.    In-stream structures shall provide for adequate upstream or downstream migration of anadromous fish, where applicable.

d.    In-stream structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks.

4.    In-Stream Structures Design and Placement.

a.    In-stream structures and their support facilities shall be located and designed to avoid the necessity for shoreline defense structures. Shoreline defense structures shall be minimized and any impacts mitigated. All diversion structures shall be designed to permit natural transport of bedload materials.

b.    Materials adequate to immediately correct emergency erosion situations shall be maintained on site.

c.    All debris, overburden and other waste materials from construction shall be disposed of in such a manner so as to prevent their entry into a water body, including a wetland, by erosion, from drainage, high water, or other vectoring mechanisms.

d.    All heavy construction equipment, and fuel storage, repair, and construction material staging areas shall be located as far landward as necessary to avoid and minimize impacts to shoreline ecological functions. Powerhouses, but not raceways, shall be located farther than one hundred (100) feet from the OHWM unless there is no feasible alternative and any unavoidable impacts are minimized and mitigated. Penstocks shall be located, designed, and constructed so as to present as low a profile as possible. Powerhouses and penstocks shall be located and designed to return flow to the stream in as short a distance as possible.

e.    A mitigation plan that details the objectives of the mitigation activities shall be prepared by the applicant, and be subject to approval by the appropriate authority.

D.    Shoreline Restoration and Enhancement.

1.    Shoreline restoration and enhancement activities designed to restore shoreline ecological functions and processes and/or shoreline features should be targeted toward meeting the needs of sensitive and/or regionally important plant, fish, and wildlife species, and shall be given priority.

2.    Shoreline restoration, enhancement, and mitigation activities designed to create dynamic and sustainable ecosystems to assist the county in achieving no net loss of shoreline ecological functions are preferred (see Section 40.460.550).

3.    Restoration activities shall be carried out in accordance with an approved shoreline restoration plan, and in accordance with the provisions of this Program.

4.    To the extent possible, restoration, enhancement, and mitigation activities shall be integrated and coordinated with other parallel natural resource management efforts, such as those identified in the shoreline restoration plan.

5.    Habitat and beach creation, expansion, restoration, and enhancement projects may be permitted subject to required state or federal permits when the applicant has demonstrated that:

a.    The project will not adversely impact spawning, nesting, or breeding fish and wildlife habitat conservation areas;

b.    Upstream or downstream properties or fish and wildlife habitat conservation areas will not be adversely affected;

c.    Water quality will not be degraded;

d.    Flood storage capacity will not be degraded;

e.    Impacts to critical areas and buffers will be avoided and where unavoidable, minimized and mitigated; and

f.    The project will not interfere with the normal public use of the navigable waters of the state.

6.    The county shall review the projects for consistency with this Program in an expeditious manner and shall issue its decision along with any conditions within forty-five (45) days of receiving all materials necessary to review the request for exemption from the applicant (see Sections 40.460.230(B)(16) and 40.460.750).

E.    Shoreline Stabilization – General.

1.    New shoreline stabilization for new development is prohibited unless it can be demonstrated that the proposed use cannot be developed without shore protection or is necessary to restore ecological functions or hazardous substance remediation.

2.    Proposed designs for new or expanded shore stabilization shall be designed in accordance with applicable Ecology and WDFW guidelines, must use best available science, must document that alternative solutions are not feasible or do not provide sufficient protection; must demonstrate that future stabilization measures would not be required on the project site or adjacent properties; and be certified by a qualified professional.

3.    Land subdivisions and lot line adjustments shall be designed to assure that future development of the newly created lots will not require structural stabilization for subsequent development to occur.

4.    New or expanded structural shoreline stabilization for existing primary structures, including roads, railroads, and public facilities, is prohibited unless there is conclusive evidence documented by a geotechnical analysis that there is a significant possibility that the structure will be damaged within three (3) years as a result of shoreline erosion caused by stream processor waves, and only when significant adverse impacts are mitigated to ensure no net loss of shoreline ecological functions and/or processes.

5.    Replacement of an existing shoreline stabilization structure with a similar structure is permitted if there is a demonstrated need to protect existing primary uses, structures or public facilities including roads, bridges, railways, and utility systems from erosion caused by stream undercutting or wave action; provided, that the existing shoreline stabilization structure is removed from the shoreline as part of the replacement activity. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. Proposed designs for new or expanded shore stabilization shall be in accordance with applicable Ecology and WDFW guidelines and certified by a qualified professional.

6.    Where a geotechnical analysis confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three (3) years, the analysis may still be used to justify more immediate authorization for shoreline stabilization using bioengineering approaches.

7.    Shoreline stabilization projects that are part of a fish habitat enhancement project meeting the criteria of RCW 77.55.181 are exempt and will be regulated under the state process. Stabilization projects that are not part of such a fish enhancement project will be regulated by this Program.

8.    Small-scale or uncomplicated shoreline stabilization projects (for example, tree planting projects) shall be reviewed by a qualified professional to ensure that the project has been designed using best available science.

9.    Large-scale or more complex shoreline stabilization projects (for example, projects requiring fill or excavation, placing objects in the water, or hardening the bank) shall be designed by a qualified professional using best available science. The applicant may be required to have a qualified professional oversee construction or construct the project.

10.    Standards for new stabilization structures when found to be necessary include limiting the size to minimum, using measures to assure no net loss of shoreline ecological functions, using soft approaches, and mitigating for impacts.

F.    Bioengineered Stabilization.

1.    All bioengineered projects shall be designed in accordance with best available science and use a diverse variety of native plant materials including but not limited to trees, shrubs, forbs, and grasses, unless demonstrated infeasible for the particular site.

2.    All cleared areas shall be replanted following construction and irrigated (if necessary) to ensure that within three (3) years’ time all vegetation is fully re-established. Areas that fail to adequately re-establish vegetation shall be replanted with approved plant materials until such time as the plantings are viable.

3.    Bank protection in the form of a buffer zone shall be provided for a minimum of three (3) years. The buffer zone shall exclude livestock, vehicles, and/or other activities that could disturb the site.

4.    All bioengineered projects shall be monitored and maintained as necessary. Areas damaged by pests and/or the elements shall be promptly repaired.

5.    All construction and planting activities shall be scheduled to minimize impacts to water quality and fish and wildlife aquatic and upland habitat, and to optimize survival of new vegetation.

G.    Structural Stabilization.

    Structural stabilization may be allowed when:

1.    The requirements of Section 40.460.640(E) are met;

2.    Alternative measures are demonstrated to be infeasible or insufficient through a geotechnical analysis by a qualified professional;

3.    The structural stabilization is designed and installation overseen by a qualified professional;

4.    The structural stabilization is designed so that future stabilization measures will not be necessary on the subject property or other properties;

5.    The size of the shoreline stabilization structure is limited to the minimum necessary; and

6.    Impacts are mitigated to result in no net loss of shoreline ecological functions.

H.    Bulkheads

1.    Bulkheads – General.

a.    All bulkheads must be in support of an allowable shoreline use that is in conformance with the provisions of this Program, unless it can be demonstrated that such activities are necessary and in the public interest for the maintenance of shoreline environmental resources.

b.    Bulkheads shall be allowed only when evidence is presented that conclusively demonstrates that one (1) of the following conditions exists:

(1)    Serious wave erosion threatens an established primary use or existing primary building(s) on upland property;

(2)    Bulkheads are necessary to the operation and location of water-dependent and water-related activities consistent with this Program; provided, that all alternatives have proven infeasible (i.e., use relocation, use design, nonstructural shore stabilization options), and that such bulkheads meet other policies and regulations of this chapter; or

(3)    Proposals for bulkheads have first demonstrated that use of natural materials and processes and nonstructural solutions to bank stabilization are unworkable in protecting existing development.

c.    Use of a bulkhead to protect a platted lot where no structure presently exists is prohibited.

d.    Natural materials and processes such as protective berms, drift logs, brush, beach feeding, or vegetative stabilization shall be utilized to the maximum extent possible.

e.    The construction of a bulkhead for the primary purpose of retaining or creating dry land that is not specifically authorized as a part of the permit shall be prohibited.

f.    Bulkheads are prohibited for any purpose if they will cause significant erosion or beach starvation.

2.    Bulkhead Location.

a.    Bulkheads shall not be located on shores where valuable geohydraulic/hydraulic or biological processes are sensitive to interference and critical to shoreline conservation, such as feeder bluffs, marshes, wetlands, or accretion shore forms such as spits, hooks, bars, or barrier beaches.

b.    Bulkheads are to be permitted only where local physical conditions such as foundation bearing material, surface, and subsurface drainage are suitable.

c.    On all shorelines, bulkheads shall be located landward of the OHWM, landward of protective berms (artificial or natural), and generally parallel to the natural shoreline. In addition:

(1)    On bluff or bank shorelines where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the bank as possible, and in no case shall it be more than three (3) feet waterward from the toe of the natural bank.

(2)    Bulkheads may tie in flush with existing bulkheads on adjoining properties; provided, that (1) the adjoining bulkheads were built at or near the OHWM, and (2) the new bulkhead does not extend more than three (3) feet waterward of OHWM at any point. If there is an existing bulkhead on only one (1) of the adjacent properties, the proposed bulkhead may tie in flush with the adjacent bulkhead at or landward of the OHWM, and shall be contoured to minimize the land area waterward of the required setback, that shall be met on the side not abutting an existing bulkhead.

d.    Replacement bulkheads may be located immediately in front of and abutting (sharing a common surface) an existing bulkhead; provided, that replacement bulkheads shall not be authorized abutting an abandoned or neglected bulkhead, or a bulkhead in serious disrepair that is located more than three (3) feet waterward of OHWM. Replacement of such bulkheads shall be located at OHWM.

3.    Bulkhead Design.

a.    Bulkhead design and development shall conform to all other applicable state agency policies and regulations, including the WDFW criteria governing the design of bulkheads.

b.    When a bulkhead is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design.

c.    Bulkheads shall be designed with the minimum dimensions necessary to adequately protect the development for the expected life of the development.

d.    Bulkheads shall be designed to permit the passage of surface or groundwater without causing ponding or saturation of retained soil/materials.

e.    Adequate toe protection consisting of proper footings, a fine retention mesh, etc., shall be provided to ensure bulkhead stability without relying on additional riprap.

f.    Stairs or other permitted structures may be built into a bulkhead, but shall not extend waterward of it.

g.    Materials used in bulkhead construction shall meet the following standards:

(1)    Bulkheads shall utilize stable, nonerosional, homogeneous materials such as concrete, wood, rock riprap, or other suitable materials that will accomplish the desired end with the maximum preservation of natural shoreline characteristics.

(2)    Beach materials shall not be used for fill behind bulkheads unless it is specifically authorized by the permit, and then only when it is demonstrated that leaving the material on the beach would be detrimental to shoreline resources.

h.    Gabions (wire mesh filled with concrete or rocks) shall not be used in bulkhead construction where alternatives more consistent with this Program are feasible, because of their limited durability and the potential hazard to shore users and the shoreline environment.

i.    Fill behind bulkheads shall meet the requirements in Section 40.460.560(B) for grading, fill, and excavation.

I.    Revetments.

1.    Revetments – General.

a.    Revetments must be in support of an allowable shoreline use that is in conformance with the provisions of this Program, unless it can be demonstrated that such activities are necessary and in the public interest for the maintenance of shoreline environmental resources.

b.    Design of revetments shall include and provide improved access to public shorelines whenever possible and appropriate. All forms of revetments shall be constructed and maintained in a manner that does not reduce water quality and/or fisheries habitat.

c.    Design of the proposed revetment shall incorporate proper consideration of:

(1)    Data on local geophysical conditions;

(2)    Data on stream flow, velocity, and/or flood capacity; and

(3)    Effects on adjacent properties.

d.    Bank revetments, where permitted, shall be placed at the extreme edge or bank of the shoreline.

e.    Revetments shall only be used when habitat-friendly alternatives are not feasible.

2.    Revetment Design.

a.    When permitted, the siting and design of revetments shall be performed using appropriate engineering principles, including guidelines of the Natural Resources Conservation Service and the USACOE.

b.    Revetments shall be constructed using techniques and materials that will enhance natural shoreline values and functions, including fish and wildlife habitat, water quality, vegetation, and aesthetics. The following techniques and materials shall be used:

(1)    Riprap material shall consist of clean quarried rock, free of loose dirt and any pollutants, and shall be of sufficient size and weight to prevent movement by wave or current action. Tires, automobile bodies, scrap metal paper products, and other inappropriate solid waste materials shall not be used for riprap.

(2)    Use of downed logs, snags, or rock-work to enhance habitat and to provide a more natural appearance to the shoreline shall be incorporated into the design where appropriate.

(3)    Where on-site environmental conditions allow, vegetation shall be integrated into the riprap design to reduce erosion, provide cover, shade and habitat, and improve the natural appearance of the shoreline, consistent with the applicable vegetation management provisions of this Master Program.

c.    If an armored revetment is employed, the following design criteria shall be met:

(1)    The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system;

(2)    Filter cloth must be used to aid drainage and help prevent settling; and

(3)    The toe reinforcement or protection must be adequate to prevent a collapse of the system from river scouring or wave action for the anticipated life of the project.

d.    The area shall be restored as nearly as possible to pre-project condition, including replanting with native species and maintenance care until the newly planted vegetation is established.

J.    Breakwaters, Jetties, Rock Weirs, and Groins.

1.    Breakwaters, Jetties, Rock Weirs, and Groins – General.

a.    Breakwaters, jetties, rock weirs, and groins are allowed only by conditional use and where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purposes such as protection from strong wave action. Applicants proposing groins, jetties, and solid breakwaters shall notify all shoreline landowners within the same drift sector. If it is not possible to make a reasonable determination of the drift sector, all shoreline landowners within one (1) mile of the project proposal shall be notified.

b.    The effect of proposed breakwaters, jetties, rock weirs, and groins on sand movement shall be evaluated during permit review. The beneficiaries and/or owners of large-scale defense works that substantially alter, reduce, or block littoral drift, and cause new erosion of downdrift shores, shall be required to establish and maintain an adequate long-term beach feeding program either by artificially transporting sand to the downdrift side of an inlet with jetties or by artificial beach feeding in the case of groins, breakwaters, and rock weirs.

c.    The effect of proposed breakwaters, jetties, rock weirs, and groins on bank margin habitat, channel migration, and floodplain processes should be evaluated during permit review.

2.    Breakwaters, Jetties, Rock Weirs, and Groins Location.

a.    Breakwaters shall be prohibited in lakes.

b.    Jetty, rock weir, or groin development that would result in a net adverse impact on adjacent and nearby properties and shorelines is prohibited.

3.    Breakwaters, Jetties, Rock Weirs, and Groins Design.

a.    Proposed designs for new or expanded breakwaters, jetties, rock weirs, and groins shall be designed and certified by a registered civil engineer.

b.    The design of breakwaters, jetties, rock weirs, and groins shall conform to all applicable requirements established by WDFW and the USACOE. Breakwaters, jetties, rock weirs, and groins shall be designed and constructed in a manner that will prevent detrimental impacts on water circulation, sand movement, and aquatic life. The design shall also minimize impediments to navigation and to visual access from the shoreline.

c.    The design of new breakwaters, groins, and jetties shall incorporate provisions for public access such as sightseeing and public fishing if it is determined such access is feasible and desirable. Open-pile or floating breakwaters shall be the only type allowed unless it can be shown that solid breakwaters will have no significant adverse effect on the aquatic biology and shore processes, or that such adverse effects can be adequately mitigated.

d.    Materials used for the construction of breakwaters, jetties, rock weirs, and groins shall exhibit the qualities of long-term durability, ease of maintenance, and compatibility with local shore features, processes, and aesthetics. The use of solid waste, junk, or abandoned automobiles, asphalt, or any building demolition debris is prohibited.

e.    Floating breakwaters shall be used in place of solid, rubble mound types wherever they can withstand anticipated wave action in order to maintain sand movement and protect fish and aquatic habitat.

(Added: Ord. 2012-07-16)