29.10.020 Aquatic.
(1) Purpose. The purpose of the aquatic shoreline designation is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the OHWM.
(2) Designation Criteria. An aquatic shoreline designation is assigned to lands and waters waterward of the OHWM.
(3) Management Policies.
(a) In addition to the other applicable policies and regulations of this SMP, the following management policies shall apply:
(i) New overwater structures should be allowed only for water-dependent uses, public access, recreation, or ecological restoration.
(ii) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and natural hydrographic conditions.
(iii) In-water uses should be allowed where impacts can be mitigated to ensure no net loss of shoreline ecological functions. Permitted in-water uses must be managed to avoid impacts to shoreline ecological functions. Unavoidable impacts must be minimized and mitigated.
(iv) On navigable waters or their beds, all uses and developments should be located and designed to:
(A) Minimize interference with surface navigation;
(B) Consider impacts to public views; and
(C) Allow for the safe, unobstructed passage of fish and wildlife, particularly species dependent on migration.
(b) Multiple or shared use of overwater and water-access facilities should be encouraged to reduce the impacts of shoreline development and increase effective use of water resources.
(c) Structures and activities permitted should be related in size, form, design, and intensity of use to those permitted in the immediately adjacent upland area. The size of new overwater structures should be limited to the minimum necessary to support the structure’s intended use.
(d) Natural light should be allowed to penetrate to the extent necessary to support fisheries and nearshore aquatic habitat unless other illumination is required by state or federal agencies.
(e) Shoreline uses, development, activities, and modifications in the aquatic shoreline designation requiring use of adjacent landside property should be in a shoreline designation that allows that use, development, activity, or modification. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.110.]