16.20.350 In-stream structures.
(1) In-stream structures are those structures placed by humans within a stream or river waterward of the OHWM that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, structures primarily intended for fisheries management, or other purposes. Docks, piers and marinas are not regulated as “in-stream structures” under this section of the SMP. See ECMC 16.20.410, Transportation: trails, roads, and parking, and ECMC 16.20.420, Utilities, for regulations governing road and utility crossings of streams.
(2) General.
(a) The location, planning and design of in-stream structures shall be compatible with the following:
(i) The full range of public interests, demand for public access to shoreline waters; desire for protection from floods; and need for preservation of historical and cultural resources;
(ii) Protection and preservation of ecosystem-wide processes and ecological functions, including, but not limited to, fish and wildlife, with special emphasis on protecting and restoring priority habitats and species, and water resources and hydrogeological processes.
(3) Structures shall be designed, located, and constructed consistent with mitigation sequencing principles in the environmental protection and critical areas sections of this SMP, and as otherwise limited by floodplain regulations found in the flood hazard reduction and floodplain management sections of this SMP.
(4) Structures shall be designed and located to minimize removal of riparian vegetation and, if applicable, to return flow to the stream in as short a distance as possible.
(5) In-stream structures shall provide for adequate upstream and downstream migration of resident fish, as applicable, and shall not adversely affect salmonid fish species or adversely modify salmonid fish habitat, as applicable.
(6) Utilities and transmission lines shall be located so as to minimize obstruction or degradation of views, and comply with applicable provisions of the utilities section of this SMP.
(7) Mitigation shall be required of the proponent for the loss of ecological functions and processes pursuant to environmental protection and critical areas sections of this SMP. No net loss in function, value, or acreage shall occur from such development. (Ord. 484 § 2, 2014)