The purpose of this chapter is to provide an assessment process for development alterations which could potentially alter the estuarine ecosystem. A clear presentation of the impacts of the proposed alteration shall precede the following activities: dredging, filling, in-water structures such as structural shoreline stabilization, water intakes or outfalls. The impact assessment, which need not be lengthy or complex, should enable reviewers to gain a clear understanding of the impacts to be expected. Specific information to be provided in the impact assessment is found in Section 17.104.040. Methods which are to be employed to avoid or minimize impacts shall be set forth.
(Ord. 24-05, 6/5/2024)
A. 
An impact assessment in accordance with the provisions of this chapter shall be required for the following uses and activities when proposed for estuarine aquatic areas:
1. 
Filling or dredging (either dredging in excess of 50 cubic yards within a 12-month period, or dredging of less than 50 cubic yards, which requires a Section 404 permit from the U.S. Army Corps of Engineers);
2. 
Active restoration;
3. 
In-water structures such as support structures;
4. 
Rip-rap or other shoreline stabilization;
5. 
Water intake or outfall;
(Monitoring of effluent discharge and application of pesticides and herbicides are the responsibility of the Department of Environmental Quality and the Oregon Department of Agriculture.)
B. 
Further, an impact assessment shall be required when a use or activity requires a determination of consistency with resource capability of the estuary zone. Note that federal environmental impact statements or environmental assessments may substitute for this requirement if available at the time of permit review.
(Ord. 24-05, 6/5/2024)
A. 
Information contained in impact assessments shall be used in the evaluation of a use or activity during a conditional use (Chapter 17.86) permit review procedure. The impact assessment shall be used to:
1. 
Identify potential development alterations of significant estuarine fish and wildlife habitats and disturbance of essential properties of the estuarine resource;
2. 
Determine whether potential impacts can be avoided and minimized; and
3. 
To provide a factual base of information that will ensure that applicable standards in Section 17.86.120 are met.
B. 
Where a use requires a resource capability determination, information in the impact assessment will be used to determine consistency of proposed uses and activities with the resource capability analysis and shall be based on the requirements in Section 17.104.040.
(Ord. 24-05, 6/5/2024)
A. 
Impact assessments shall contain the following information:
1. 
The type and extent of alterations expected;
2. 
The type of resource(s) affected;
3. 
The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation, and other existing and potential uses of the estuary; and
4. 
The methods which could be employed to avoid or minimize adverse impacts.
B. 
It is the responsibility of the applicant to provide this information.
(Ord. 24-05, 6/5/2024)
Resulting from the analysis of the information presented in the impact assessment, one of the following findings shall be concluded:
A. 
The proposed uses and activities are in conformance with all comprehensive plan policies and zoning ordinance standards and do not represent a potential degradation or reduction of significant fish and wildlife habitats and essential properties of the estuarine resource. Where an impact assessment is required for a resource capability determination, the proposed uses are consistent with the resource capability, and meet the purpose of the management zone or area.
B. 
The proposed uses and activities are in conformance with all comprehensive plan policies and zoning ordinance standards but represent a potential degradation or reduction of significant fish and wildlife habitats and essential properties of the estuarine resource. The impact assessment identifies reasonable alternatives to proposed actions that will eliminate or minimize to an acceptable level expected adverse environmental impacts. Where an impact assessment is required for a resource capability determination, the adverse environmental impacts have been minimized to be consistent with the resource capability and purpose of the management area or zone. The proposed uses and activities may be accommodated and found to be consistent with resource capabilities and meet the purpose of the management area or zone.
C. 
The proposed uses and activities are not in conformance with all comprehensive plan policies and zoning ordinance standards. The impact assessment and analysis indicate that unacceptable loss will result from the proposed development alteration. The proposed uses and activities represent irreversible changes and actions and unacceptable degradation or reduction of significant estuarine fish and wildlife habitats and essential properties of the estuarine resources will result; or, that the adverse consequences of the proposed uses and activities, while unpredictable and not precisely known, would result in irreversible trends or changes in estuarine resource properties and functions.
D. 
Available information is insufficient for predicting and evaluating potential impacts. More information is needed before the project can be approved.
(Ord. 24-05, 6/5/2024)