The standards in this subsection apply to all projects that
could affect commercial or recreational fisheries or aquaculture.
This section is also applicable to the development of aquaculture
facilities and to fisheries enhancement projects.
A. Water
diversion structures or man-made spawning channels shall be designed
and built to maintain minimum stream flows for aquatic life in affected
streams.
B. Water
discharged from aquaculture or hatchery facilities shall comply with
State or Federal discharge permit conditions.
C. Aquaculture
facilities shall be located far enough from sanitary sewer outfalls
to avoid potential health hazards.
D. Aquaculture
facilities shall be constructed to blend in with and not detract from
the aesthetic qualities of the area. In developed areas, views from
upland property shall be given consideration in facility design.
E. In-water
construction activity in aquatic areas shall follow the recommendations
of State and Federal fisheries agencies with respect to project timing
to avoid unnecessary impacts on migratory fish.
F. Commercial
fish drifts shall be protected from conflicting in-water activity,
including dredging, in-water dredge material disposal, and aquatic
area mining and mineral extraction, by coordinating review of such
activity with fishery regulatory agencies, fishing organizations,
drift captains and drift right owners, and other interested parties.
G. Prior
to approval of in-water activities with the potential for affecting
fisheries, the project sponsor shall notify local drift captains,
the Columbia River Fisherman's Protective Union and the Northwest
Gillnetters Association.
The standards in this subsection apply to port and industrial
development occurring in and over estuarine waters, and on adjacent
shorelands. This section also applies to navigation projects related
to deep-draft maritime activities, such as channel, anchorage and
turning basin development or expansion.
A. New
or expanded shoreland and aquatic area facilities for the storage
or transmission of petroleum products must have on-site equipment
for the containment of oil spills.
B. New
or expanded facilities for deep-water navigation, port or industrial
development requiring aquatic area dredging or filling may be allowed
only if all of the following criteria are met:
1. The proposed use is required for navigation or other water-dependent
use requiring an estuarine location, or is specifically allowed in
the applicable aquatic zone; and
2. A need (i.e., a substantial public benefit) is demonstrated; and
3. The proposal does not unreasonably interfere with public trust rights;
and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
C. Deep-water
navigation, port or industrial development requiring new piling or
dolphin installation, construction of pile-supported structures, or
other uses or activities which could alter the estuary may be permitted
only if all of the following criteria are met:
1. A need (i.e., a substantial public benefit) is demonstrated; and
2. The proposal does not unreasonably interfere with public trust rights;
and
3. Feasible alternative upland locations do not exist; and
4. Potential adverse impacts are minimized.
D. Off-street
parking may only be located over an aquatic area if all of the following
conditions are met:
1. Parking will be on an existing pile-supported structure; and
2. Suitable shoreland areas are not available; and
3. The amount of aquatic area committed to parking is minimized; and
4. The aquatic area is in an aquatic development zone.
The standards in this section apply to the construction, maintenance
and repair of flood control dikes in shoreland and aquatic areas.
The standards do not apply to dredged material containment dikes.
A. Dike
maintenance and repair may be allowed under any of the following circumstances:
1. Dikes which have been inadvertently breached may be repaired, subject
to state and federal permit requirements, if the repair is commenced
within 36 months of the breach, regardless of whether the property
has reverted to estuarine habitat.
2. Existing serviceable dikes (including those that allow some seasonal
inundation) may be repaired.
3. Dikes which have been inadvertently breached may be repaired, subject
to state and federal permit requirements, if the property has not
reverted to estuarine habitat (as determined by U.S. Army Corps of
Engineers and the Oregon Division of State Lands).
Dike repair projects that do not fit under paragraphs 1 through
3 of this subsection—that is projects where the property has
reverted and more than 36 months have elapsed—must be reviewed
as new dikes.
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B. Dike
maintenance and repair are distinguished from new dike construction.
To qualify as maintenance and repair, changes in the location, size,
configuration, orientation and alignment of the dike must be limited
to the minimum amount necessary to retain or restore its operation
or function or to meet current engineering standards. Filling aquatic
areas for dike maintenance may be allowed only if it can be clearly
demonstrated that there are no feasible engineering alternatives,
which would avoid the use of aquatic area fill.
C. The
outside dike face shall be suitably protected from erosion during
construction and maintenance operations. Shoreline stabilization standards
shall be met.
D. New
dikes in aquatic areas may be permitted either:
1. As part of an approved fill project; or
2. As a temporary flood protection measure needed to promote public
safety and welfare, subject to applicable U. S. Army Corps of Engineers
and Oregon Division of State Lands rules; or
3. Subject to an exception to Statewide Planning Goal 16.
Standards in this subsection are applicable to all estuarine
dredging operations and to both estuarine shoreland and aquatic dredged
material disposal.
A. Dredging
in estuarine aquatic areas, subject to dredging and dredged material
disposal policies and standards, shall be allowed only if all of the
following criteria are met:
1. Dredging is specifically allowed by the applicable aquatic zone and
required for one or more of following uses and activities:
a. Navigation or navigational access,
b. An approved water dependent use of aquatic areas or adjacent shorelands
that requires an estuarine location,
c. An approved restoration project,
d. Mining or mineral extraction,
e. Excavation necessary for approved bridge crossing support structures,
or pipeline, cable, or utility crossing,
f. Obtaining fill material for dike maintenance where an exception to
Oregon Statewide Planning Goal 16 has been approved,
g. Maintenance of existing tidegates and tidegate drainage channels,
j. Installation of tidegates in existing functional dikes,
k. Incidental dredging for harvest of benthic species or removable in-water
structures such as stakes or racks;
2. A need (i.e., a substantial public benefit) is demonstrated; and
3. The proposal does not unreasonably interfere with public trust rights;
and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
B. When
dredging is permitted, the dredging shall be the minimum necessary
to accomplish the proposed use.
C. Undesirable
erosion, sedimentation, increased flood hazard, and other changes
in circulation shall be avoided at the dredging and disposal site
and in adjacent areas.
D. The
timing of dredging and dredged material disposal operations shall
be coordinated with state and federal resource agencies, local governments,
and private interests to protect estuarine aquatic and shoreland resources,
minimize interference with commercial and recreational fishing, including
snag removal from gillnet drifts, and insure proper flushing of sediment
and other materials introduced into the water by the project.
E. Bottom
sediments in the dredging area shall be characterized by the applicant
in accordance with U.S. Environmental Protection Agency, and Oregon
Department of Environmental Quality standards. Information that may
be required includes, but is not limited to, sediment grain size distribution,
organic content, oil and grease, selected heavy metals, pesticides
and other organic compounds, and benthic biological studies. The types
of sediment tests required will depend on dredging and disposal techniques,
sediment grain size, available data on the sediments at the dredging
site, and proximity to contaminant sources. Generally, projects involving
in-water disposal of fine sediments will require a higher level of
sediment testing than projects involving disposal of coarse sediments.
Projects involving upland disposal may be exempted from the testing
requirement, depending on the nature of the sediments and the amount
of existing sediment data available. Unreasonable burdens on the permit
applicant shall be minimized by considering the economic cost of performing
the sediment evaluation, the utility of the data to be provided, and
the nature and magnitude of any potential environmental effect.
F. Adverse
short-term effects of dredging and aquatic area disposal such as increased
turbidity, release of organic and inorganic materials or toxic substances,
depletion of dissolved oxygen, disruption of the food chain, loss
of benthic productivity, and disturbance of fish runs and important
localized biological communities shall be minimized.
G. The
effects of both initial and subsequent maintenance dredging, as well
as dredging equipment marshalling and staging, shall be considered
prior to approval of new projects or expansion of existing projects.
Projects will not be approved unless disposal sites with adequate
capacity to meet initial excavation dredging and at least five years
of expected maintenance dredging requirements are available.
H. Dredging
for maintenance of existing tidegate drainage channels and drainage
ways is limited to the amount necessary to maintain and restore flow
capacity essential for the function (the drainage service provided
by the tidegate) of tidegates and to allow drainage and protection
of agricultural and developed areas. Tidegate maintenance dredging
does not include enlarging or extending the dimensions of, or changing
the bottom elevations of, the affected tidegate drainage channel or
drainage way as it existed prior to the accumulation of sediments.
I. Dredging
for mining and mineral extraction, including sand extraction, shall
only be allowed in areas deeper than 10 feet below MLLW where the
project sponsor demonstrates that mining and mineral extraction in
aquatic areas is necessary because no feasible upland sites exist
and that the project will not significantly impact estuarine resources.
The estuary bottom at the project site shall be sloped so that sediments
from areas shallower than 10 feet below MLLW and other areas not included
in the project do not slough into the dredged area. Dredging as part
of an approved dredging project which also provides fill for an approved
fill project shall not be subject to this standard.
J. When
proposing dredging for sand extraction, the project sponsor shall
first consider obtaining the material from a shoaled area within a
federally-authorized navigation channel that is currently shallower
than its authorized depth. Said dredging shall be coordinated with
the U.S. Army Corps of Engineers. The dredging depth shall not exceed
the authorized channel depth plus any over-dredging that the Corps
would normally perform while maintaining the site.
A. Dredged
material disposal shall occur only at designated sites or at new sites
which meet the requirements of the dredged material disposal site
selection policies.
B. Proposals
for in-water disposal of dredged materials, including flow lane disposal,
beach nourishment, estuarine open-water disposal, ocean disposal,
and agitation dredging, shall:
1. Demonstrate the need for the proposed action and that there are no
feasible alternative disposal sites or methods that entail less damaging
environmental impacts; and
2. Demonstrate that the dredged sediments meet state and federal sediment
testing requirements and water quality standards (see Section 16.160.040(A)(5));
and
3. Not be permitted in the vicinity of a public water intake.
C. Proposals
for in-water estuary disposal shall be coordinated with commercial
fishing interests, including, but not limited to: gillnet drift captains
at the dredging and disposal site, the Columbia River Fisherman's
Protective Union, Northwest Gillnetters Association, and the state
fishery agencies. In-water disposal actions shall avoid gillnet drifts
whenever feasible. When it is not feasible to avoid gillnet drifts,
impacts shall be minimized in coordination with fisheries interests
through:
3. Choice of disposal area within the drift; and
4. Disposal techniques to avoid snag placement.
D. Flow
lane disposal, estuarine open water disposal and agitation dredging
shall be monitored to assure that estuarine sedimentation is consistent
with the resource capabilities and purpose of affected natural and
conservation designations. The monitoring program shall be established
prior to undertaking disposal. The program shall be designed to both
characterize baseline conditions prior to disposal and monitor the
effects of the disposal. The primary goals of the monitoring are to
determine if the disposal is resulting in measurable adverse impacts
and to establish methods to minimize impacts. Monitoring shall include,
at a minimum, physical measurements such as bathymetric changes and
may include biological monitoring. Specific monitoring requirements
shall be based on, at a minimum, sediment grain size at the dredging
and disposal site, presence of contaminants, proximity to sensitive
habitats and knowledge of resources and physical characteristics of
the disposal site. The monitoring requirement shall be discontinued
when adequate information has been gathered to determine impacts and
establish an agreed-upon disposal volume and methodology. If the agreed-upon
volume and methodology is altered, the monitoring requirement may
be reestablished. Monitoring may be waived on small projects where
the impacts would be undetectable. A decision to waive the requirement
shall be made in coordination with state and federal regulatory agencies.
E. Flow
lane disposal shall be in aquatic development areas identified as
low in benthic productivity and use of these areas shall not have
adverse hydraulic effects. Use of flow lane disposal areas in the
estuary shall be allowed only when no feasible alternative land or
ocean disposal sites with less damaging environmental impacts can
be identified and the biological and physical impacts of flow lane
disposal are demonstrated to be insignificant. The feasibility and
desirability of alternative sites shall take into account, at a minimum:
1. Operational constraints such as distance to the alternative sites;
2. Sediment characteristics at the dredging site;
4. Environmental Protection Agency constraints on the use of designated
ocean disposal sites;
5. The desirability of reserving some upland sites for potentially contaminated
material only.
Long term use of a flow lane disposal area may only be allowed
if monitoring confirms that the impacts are not significant. Flow
lane disposal is contingent upon demonstration that:
6. Significant adverse effects due to changes in biological and physical
estuarine properties will not result; and
7. Flow lane disposal areas shall be shown able to transport sediment
downstream without excessive shoaling, interference with recreational
and commercial fishing operations, including the removal of snags
from gillnet drifts, undesirable hydraulic effects, or adverse effects
on estuarine resources (fish runs, spawning activity, benthic productivity,
wildlife habitat, etc.).
F. Ocean
disposal shall be conducted such that:
1. The amount of material deposited at a site is compatible with benthic
populations, other marine resources, and other uses of the area;
2. Interference with sport and commercial fishing is minimized;
3. Disposal is strictly confined to the sites designated by the U.S.
Environmental Protection Agency; and
4. The disposal site does not shoal excessively and create dangerous
wave and swell conditions.
G. Beach
nourishment shall only be conducted at sites identified in the Dredged
Material Management Plan. New sites may be added to the Plan by amendment
after an exception to Oregon Statewide Planning Goal 16 for the site
has been approved. Beach nourishment shall be conducted such that:
1. The beach is not widened beyond its historical profile. The historical
profile shall be defined as the widest beach profile that existed
prior to June 1986.
2. The material placed on the beach consists of sand of equal or greater
grain size than the sand existing on the beach.
3. Placement and subsequent erosion of the materials does not adversely
impact tidal marshes or productive intertidal and shallow subtidal
areas.
4. Efforts are made to maintain a stable beach profile.
5. Dredged material is graded at a uniform slope and contoured to minimize
juvenile fish stranding and hazards to beach users.
6. Use of beach nourishment sites shall be allowed only when no feasible
land or ocean sites with less damaging environmental impacts can be
identified. The feasibility and desirability of alternative sites
shall take into account, at a minimum:
a. Operational constraints such as distance to the alternative sites.
b. Sediment characteristics at the dredging site.
d. Environmental Protection Agency constraints on the use of designated
ocean disposal sites.
e. The desirability of reserving some upland sites for potentially contaminated
material only.
H. Except
as noted below, land disposal and site preparation shall be conducted
such that:
1. Surface runoff from disposal sites is controlled to protect water
quality and prevent sedimentation of adjacent water bodies, wetlands,
and drainage ways. Disposal runoff water must enter the receiving
waterway through a controlled outfall at a location with adequate
circulation and flushing characteristics. Underground springs and
aquifers must be identified and protected.
2. Dikes are constructed according to accepted engineering standards
and are adequate to support and contain the maximum potential height
and volume of dredged materials at the site, and form a sufficiently
large containment area to encourage proper ponding and to prevent
the return of dredged materials into the waterway or estuary. Containment
ponds and outfall weirs shall be designed to maintain adequate standing
water at all times to further encourage settling of dredged materials.
The dikes shall be constructed within the boundaries of the disposal
site and shall be constructed of material obtained from within the
site or other approved source.
Clean dredged material placed on land disposal sites located
directly adjacent to designated beach nourishment sites may be allowed
to flow directly into the waterway without conforming to subparagraphs
(G)(6)(a) and (b) of this section, provided that all policies and
standards for in-water disposal and beach nourishment are met and
the dredged materials are not allowed to enter wetlands or the waterway
in areas other than the designated beach nourishment site.
I. Land
disposal sites which are not intended for dredged material disposal
or development use within a two-year period following disposal shall
be revegetated as soon as site and weather conditions allow, unless
habitat management plans agreed upon by resource management agencies
specify that open sand areas should remain at the site. The project
sponsor shall notify the City and state and federal permitting and
resource management agencies when disposal is completed and shall
coordinate revegetation with these agencies.
The notification shall be sent to at least the following agencies:
the local jurisdiction, U.S. Army Corps of Engineers, Soil Conservation
Service, Division of State Lands, Oregon Department of Fish and Wildlife.
Revegetation of a disposal site does not preclude future use of the
sites for dredged material disposal. The disposal site design shall
be reviewed to determine if wetlands or other habitats will form on
the site during the period between disposal actions. The disposal
permit may be conditioned to allow future disposal actions to fill
the created wetlands or habitats.
J. The
final height and slope after each use of a land dredged material disposal
site shall be such that:
1. The site does not enlarge itself by sloughing and erosion into adjacent
areas;
2. Loss of materials from the site during storms and freshets is minimized;
and
3. Interference with the view from nearby residences, scenic points,
and parks does not occur.
A. Piling
and Dolphin Installation, Shoreline Stabilization and Navigational
Structures. The standards in this section apply to over-the-water
and in-water structures such as docks, bulkheads, moorages, boat ramps,
boat houses, jetties, pile dikes, breakwaters and other structures
involving installation of piling or placement of riprap in aquatic
areas. This section does not apply to structures located entirely
on shorelands or uplands, but does apply to structures, such as boat
ramps, that are in both aquatic and shoreland designations. Standards
in this section also apply to excavation for creation of new water
surface area.
B. Where
land use management practices and vegetative shoreline stabilization
is shown not to be feasible (in terms of cost, effectiveness or other
factors), structural means may be approved subject to applicable policies,
standards and designation use restrictions.
C. Where
structural shoreline stabilization is shown to be necessary because
of the unfeasibility of vegetative means, the choice among various
structural means shall be made on a case-by-case basis. Factors to
be considered include, but are not limited to:
3. Adjacent land and water uses.
8. Impacts on public shoreline access.
D. Jetties,
groins and breakwaters shall be constructed of clean, erosion-resistant
materials from upland sources. In-stream gravel shall not be used,
unless part of an approved mining project. Material size shall be
appropriate for predicted wave, tide and current conditions.
E. Where
a jetty, groin, breakwater or other in-water structure is proposed
for erosion or flood control, the applicant shall demonstrate that
non-structural solutions, such as land use management practices, or
other structural solutions, such as riprap, will not adequately address
the problem.
F. Piling
or dolphin installation, structural shoreline stabilization, and other
structures not involving dredge or fill, but which could alter the
estuary may be allowed only if all of the following criteria are met:
1. A need (i.e., a substantial public benefit) is demonstrated; and
2. The proposal does not unreasonably interfere with public trust rights;
and
3. Feasible alternative upland locations do not exist; and
4. Potential adverse impacts are minimized.
G. Jetties,
groins, breakwaters and piers requiring aquatic area fill may be allowed
only if all of the following criteria are met:
1. The proposed use is required for navigation or other water-dependent
use requiring an estuarine location, or is specifically allowed in
the applicable aquatic zone; and
2. A need (i.e., a substantial public benefit) is demonstrated; and
3. The proposal does not unreasonably interfere with public trust rights;
and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
H. Proposals
for bulkheads may be approved only if it is demonstrated that sloped
riprap will not adequately fulfill the project's objectives.
I. Proposals
for new bulkheads or for new riprap bank line slopes steeper than
1.5 to 1 (horizontal to vertical) must demonstrate that adequate shallow
areas will be available for juvenile fish shelter, or that the area
is not typically used for juvenile fish shelter.
J. Plant
species utilized for vegetative stabilization shall be selected on
the basis of potential sediment containment and fish and wildlife
habitat values. Trees, shrubs and grasses native to the region should
be considered for vegetative stabilization; however, plant species
and vegetation stabilization techniques approved by the Soil Conservation
Service, the U.S. Army Corps of Engineers and other participating
federal and state resource agencies are also appropriate. Stabilization
of dike slopes must not include vegetation (particularly trees) which
jeopardizes the dike.
K. Riprap
bank protection must be appropriately designed with respect to slope,
rock size, placement, underlying material and expected hydraulic conditions.
Project design by a licensed engineer shall meet this requirement.
Warrenton may also find that riprap projects designed by other individuals,
such as experienced contractors, soil conservation service personnel
or others, meet this standard.
L. New
shoreline stabilization projects shall not restrict existing public
access to public shorelines.
M. Shoreline
stabilization shall not be used to increase land surface area. Where
an avulsion has occurred, fill may be used to restore the previous
bank line, so long as the corrective action is initiated within one
year of the date of the avulsion. Any other extension of the bank
line into aquatic areas shall be subject to the policies and standards
for fill.
N. Structural
shoreline stabilization measures shall be coordinated with state and
federal agencies to minimize adverse effects on aquatic and shoreland
resources and habitats.
O. Bulkheads
installed as a shoreland stabilization and protective measure shall
be designed and constructed to minimize adverse physical effects (i.e.,
erosion, shoaling, reflection of wave energy or interferences with
sediment transport in adjacent shoreline areas) resulting from their
placement.
P. Emergency
maintenance, for the purpose of making repairs or for the purpose
of preventing irreparable harm, injury or damage to persons, property
or shoreline stabilization facilities is permitted, not withstanding
the other requirements in these standards, but subject to those regulations
imposed by the Corps of Engineers and the Division of State Lands.
Q. Revegetated
shoreline areas shall be protected from excessive livestock grazing
or other activities that would prevent development of effective stabilizing
plant cover.
R. The
size and shape of a dock or pier shall be the minimum required for
the intended use.
S. Proposals
for new docks and piers may be approved only after consideration of
alternatives such as mooring buoys, dry land storage, and boat ramps.
T. Individual
single-user docks and piers are discouraged in favor of community
moorage facilities common to several users and interests.
U. With
regard to excavation of shorelands to create new estuarine aquatic
surface area, the following provisions are applicable. The maximum
feasible amount of the new water surface area shall be excavated as
an upland site, behind protective berms. The new aquatic area shall
be connected to adjacent water areas as the excavation is completed.
Excavation in this manner shall not result in channelization of the
waterway.
V. Sediments
and materials generated by the excavation to create new estuarine
water surface area shall be deposited on land in an appropriate manner.
W. Water
quality degradation due to excavation to create new estuarine water
surface area shall be minimized. Adverse effects on water circulation
and exchange, increase in erosion and shoaling conditions, and introduction
of contaminants to adjacent aquatic areas resulting from excavation
of the area and presence of the new aquatic area will be minimized
to the extent feasible.
This section applies to the placement of fill material in tidal
wetlands and waters. These standards also apply to fill in non-tidal
wetlands in shoreland designations that are identified as "significant"
wetlands under Statewide Planning Goal 17.
A. Fill
in estuarine aquatic areas may be permitted only if all of the following
criteria are met:
1. The proposed use is required for navigation or for other water-dependent
use requiring an estuarine location, or is specifically allowed under
the applicable aquatic zone; and
2. A need (i.e., a substantial public benefit) is demonstrated; and
3. The proposed fill does not unreasonably interfere with public trust
rights; and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
B. A
fill shall cover no more than the minimum necessary to accomplish
the proposed use.
C. Aquatic
area fills using either dredged material or other easily erodible
material shall be surrounded by appropriately stabilized dikes.
D. Aquatic
areas shall not be used for disposal of solid waste.
E. Projects
involving fill may be approved only if the following alternatives
are examined and found to be infeasible:
1. Construct some, or all of the project on piling.
2. Conduct some or all of the proposed activity on existing upland.
3. Approve the project at a feasible alternative site where adverse
impacts are less significant.
This section applies to uses and activities with potential adverse
impacts on fish or wildlife habitat, both in estuarine aquatic areas
and in estuarine shorelands.
A. Projects
affecting endangered, threatened or sensitive species habitat, as
identified by the U.S. Fish and Wildlife Service or Oregon Department
of Fish and Wildlife, shall be designed to minimize potential adverse
impacts. This shall be accomplished by one or more of the following:
1. Soliciting and incorporating agency recommendations into local permit
reviews.
2. Dedicating and setting aside undeveloped on-site areas for habitat.
3. Providing on or off-site compensation for lost or degraded habitat.
4. Retaining key habitat features (for example, roosting trees, riparian
vegetation, feeding areas).
B. In-water
construction activity in aquatic areas shall follow the recommendations
of state and federal fisheries agencies with respect to project timing
to avoid unnecessary impacts on migratory fish.
C. Uses
and activities with the potential for adversely affecting fish and
wildlife habitat may be approved only if the following impact mitigation
actions are incorporated into the permit where feasible. These impact
mitigation actions are listed from highest to lowest priority:
1. Avoiding the impact altogether by not taking a certain action or
parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of an action
and its implementation.
3. Rectifying the impact by repairing, rehabilitating, restoring the
affected environment (this may include removing wetland fills, rehabilitation
of a resource use and/or extraction site when its economic life is
terminated, etc.).
4. Reducing or eliminating the impact over time by preservation and
maintenance operations.
D. Projects involving subtidal or intertidal aquatic area fill or intertidal aquatic dredging with the potential for adversely affecting aquatic habitat must provide compensatory mitigation, consistent with mitigation and restoration standards (Section
16.160.130).
Standards in this section are applicable to the maintenance
and construction of railroads, roads and bridges in estuary shoreland
and aquatic areas. Public, as well as private facilities are covered
under this section. Forest roads, however, are excluded.
A. New
or relocated land transportation routes shall be designed and sited
so as to:
1. Enhance areas in the Marine Commercial Shorelands Zone, the Water-Dependent
Industrial Shorelands Zone, and the Skipanon East Bank Mediated Development
Shorelands Zone when possible; and
2. Direct urban expansion toward areas identified as being suitable
for development; and
3. Take maximum advantage of the natural topography and cause minimum
shoreline disruption; and
4. Preserve or improve public estuary access where existing or potential
access sites are identified; and
5. Avoid isolating high-intensity waterfront use areas or water-dependent
development areas from water access.
B. Maintenance
and repair of roads and railroads and maintenance and replacement
of bridges shall be permitted regardless of the plan designation through
which the road or railroad passes, provided:
1. The same alignment is maintained; and
2. The same width is maintained, except that necessary enlargements
to meet current safety and engineering standards may be permitted;
and
3. The number of travel lanes is not increased.
C. Fill-supported
causeways or bridge approach fills across aquatic areas or across
significant non-tidal wetlands in shoreland areas shall not be permitted;
bridge abutments may, however, be approved.
D. Removal
of riparian vegetation along transportation right-of-ways may be permitted
in order to maintain clear vision.
E. Temporary
encroachments in the floodway for the purposes of bridge construction
and repair:
1. This use shall comply with Chapter
16.88 (Flood Hazard Overlay (FHO) District), Section
16.208.040 (Type II Procedure), and Chapter
16.240 (Miscellaneous Permits) prior to issuance of any permits.
2. The temporary permit shall state the number of days the structure
or other development will be on the site. If a longer period is required,
a new permit shall be issued.
3. A flood warning system for the project should be in place to allow
equipment to be evacuated from the site and placed outside the floodplain.
4. Placement of equipment in the floodway should be restricted to only
equipment which is absolutely necessary for the purposes of the project.
All other accessory equipment and temporary structures (i.e., construction
trailers) should be restricted from the floodway. Structures should
be placed on site so that flood damages are minimized. Anchoring the
construction trailers in case evacuation is not practical.
This section includes standards for the establishment of new,
and the expansion of existing, log storage and sorting areas in aquatic
and shoreland areas.
A. New
aquatic log storage areas shall be located such that logs will not
go aground during tidal changes or during low flow periods.
B. Proposals
for reestablishment of previously used aquatic log storage areas must
meet standards applied to new log storage areas, unless such areas
have been abandoned for fewer than 36 months.
C. New
aquatic log storage areas shall not be located in areas which would
conflict with active gillnet fish drifts or with other commercial
or recreational fishing activities.
D. New
aquatic log storage areas shall be located where water quality degradation
will be minimal and where good flushing conditions prevail.
E. Unpaved
shoreland log yards under laid by permeable soils shall have at least
four feet of separation between the yard surface and the winter water
table.
F. Log
storage and sorting facilities in Marine Commercial Shorelands, Water-Dependent
Industrial Shorelands, or Skipanon East Bank Mediated Development
Shorelands shall not preclude or conflict with existing or possible
future water-dependent uses at the site or in the vicinity, unless
the log storage or sorting facility is itself an essential part of
a water-dependent facility.
Standards in this section are applicable to the extraction of
sand, gravel, petroleum products and other minerals from both submerged
lands under aquatic areas and from shoreland areas. These standards
are also applicable to outer continental shelf mineral development
support facilities built in the estuary.
A. Aquatic
area mining and mineral extraction shall only occur in aquatic areas
deeper than 10 feet below MLLW, where estuarine resource values are
low, and when no feasible upland sources exist.
B. Proposed
shoreland mining and mineral extraction activities with potential
impacts on estuary shoreland and aquatic areas shall provide the local
government with a copy of a proposed or approved surface mining plan.
C. Project
sponsors proposing estuarine shoreland or aquatic area mining or mineral
extraction shall demonstrate that the activity is sited, designed
and operated to minimize adverse impacts on the following:
1. Significant fish and wildlife habitat; and
2. Hydraulic characteristics; and
D. Petroleum
extraction and drilling operations shall not be allowed in estuarine
aquatic areas. Petroleum may, however, be extracted from beneath estuarine
aquatic areas using equipment located on shorelands or uplands. Petroleum
exploration activities, with the exception of exploratory drilling,
may be permitted in estuarine aquatic areas and in estuarine shoreland
areas.
E. Unless part of an approved fill project, spoils and other material removed from aquatic areas shall be subject to dredging and dredged material disposal standards in Sections
16.160.040 and
16.160.050.
Standards in this section are applicable to estuarine restoration
and mitigation projects in aquatic areas and adjacent shorelands.
A. Any
fill activities that are permitted in estuarine aquatic areas or dredging
activities in intertidal and shallow to medium depth estuarine subtidal
areas shall be mitigated through project design and/or compensatory
mitigation (creation, restoration or enhancement of another area)
to ensure that the integrity of the estuary ecosystem is maintained.
The Comprehensive Plan shall designate and protect specific sites
for mitigation which generally correspond to the types and quantity
of aquatic area proposed for dredging or filling.
B. Mitigation
for fill in the aquatic areas or dredging in intertidal and shallow
to medium depth subtidal areas shall be implemented, to the extent
feasible, through the following mitigation actions:
1. Project Design Mitigation Actions.
a. Avoiding the impact altogether by not taking a certain action or
parts of an action.
b. Minimizing impacts by limiting the degree or magnitude of action
and its implementation.
c. Rectifying the impact by repairing, rehabilitating, or restoring
the affected environment (this would include removing wetland fills,
rehabilitation of a resource use and/or extraction site when its economic
life is terminated, etc.).
d. Reducing or eliminating the impact over time by preservation and
maintenance operations.
2. Compensatory Mitigation Actions. Creation, restoration, or enhancement
of an estuarine area to maintain the functional characteristics and
processes of the estuary, such as its natural biological productivity,
habitats, and species diversity, unique features and water quality.
Any combination of the above actions may be required to implement
mitigation requirements. The compensatory mitigation actions listed
in paragraph 2 of this subsection shall only be considered when, after
consideration of impact avoidance, reduction or rectification, there
are still unavoidable impacts.
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C. If
compensatory mitigation actions are required, the U. S. Fish and Wildlife
Service shall be asked to make a resource category determination for
the site proposed for development. The classification shall be listed
on the permit application and review notice. The following list summarizes
the mitigation goal for each resource category:
1. Resource Category 1. Habitat to be impacted is of high value for
evaluation species and is unique and irreplaceable on a national basis
or in the Columbia River Estuary area. Mitigation goal: No loss of
existing habitat value.
2. Resource Category 2. Habitat to be impacted is of high value for
evaluation species and is relatively scarce or becoming scarce on
a national basis or in the Columbia River Estuary area. Mitigation
goal: No net loss of in-kind habitat value.
3. Resource Category 3. Habitat to be impacted is of high to medium
value for evaluation species and is relatively abundant on a national
basis and in the Columbia River Estuary area. Mitigation goal: No
net loss of habitat value while minimizing loss of in-kind habitat
value.
4. Resource Category 4. Habitat to be impacted is of medium to low value
for evaluation species. Mitigation goal: Minimize loss of habitat
value.
D. If
the area subject to impact is in a Resource Category 2 or lower (4
= lowest), the following sequence of mitigation options shall be considered:
4. Out-of-kind/off-site.
Generally, the requirements for considering each option before
moving on to the next shall be stricter for higher resource categories.
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E. Permit
applicants shall submit a mitigation plan for each project proposal
that requires mitigation. The mitigation plan shall define specific
goals and objectives of the proposed mitigation action. The plan shall
also address where applicable, performance specifications that include
but are not necessarily limited to the following:
4. Area and elevation specifications.
9. Contingency plan (outline of potential remedial work and specific
remedial contingency actions).
10. Accountability requirements (e.g., bonding or any mechanism that
serves as a bond).
Goals, objectives and performance specifications shall be defined
for both project design and compensatory mitigation. These components
of the plan shall be developed in cooperation with relevant state
and federal resource and regulatory agencies.
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F. Each
mitigation action shall be reviewed against its goals, objectives,
and performance specifications.
G. All
compensatory mitigation site plans shall include a contingency plan.
The contingency plan shall include corrective measures to be taken
in the event of suboptimal project performance (based on project goals
and objectives). A list of remedial follow-up action strategies shall
be specified in the contingency plan. These remedial strategies shall
specifically address the goals, objectives and performance specifications
of the mitigation site plan.
H. Post-mitigation
monitoring for project design mitigation, when relevant, and compensatory
mitigation shall be required over a two-to five-year time period,
depending on the size and complexity of the mitigation project. Local
governments, in coordination with state and federal resource agencies,
shall design and implement the monitoring. Monitoring requirements
may be waived as follows:
1. A waiver of the two-to five-year monitoring requirement shall be
granted if, at any time during the two-to five-year period, the project
is judged successful; or
2. If a mitigation project fails to satisfy the original goals and objectives
after the designated time period, and the developer has met all the
site design and contingency plan requirements, then the developer
is not responsible for remedial action. However monitoring may still
be required up to a predetermined time period to help agencies determine
workable strategies for future mitigation efforts.
I. All
mitigation actions shall begin prior to or concurrent with the associated
development action.
J. For
estuarine wetlands, once a compensatory mitigation action is required,
the habitat types displayed in OAR 141-85-254 shall provide the basis
for comparing development activities and possible mitigation areas.
The mitigation trade method described in OAR 141-85-256 shall be used
to determine acreage and credit requirements for mitigation sites.
K. Habitat
trade-off requirements for non-tidal wetlands shall be determined
in coordination with appropriate state and federal agencies if compensatory
mitigation is required. Mitigation requirements shall be made on a
case-by-case basis using determinations made by these agencies.
L. Removal
and fill actions potentially exempt from estuarine mitigation requirements
include:
1. Removal or fill of less than 50 cubic yards of material;
2. Filling for repair and maintenance of existing functional dikes where
there is negligible physical or biological damage to tidal marsh or
intertidal area;
3. Riprap to allow protection of existing bank line with clean, durable
erosion resistant material provided that the need for riprap protection
is demonstrated and that this need cannot be met with natural vegetation,
and no appreciable increase in upland occurs;
4. Filling for repair and maintenance of existing roads where there
is negligible physical or biological damage to tidal marsh or intertidal
areas;
5. Dredging for authorized navigation channels, jetty or navigational
aid installation, repair or maintenance contract with the Army Corps
of Engineers;
6. Any proposed alteration that would have negligible adverse physical
or biological impact on estuarine resources;
7. Dredging or filling required as part of an estuarine resource creation,
restoration, or enhancement project agreed to by local, state, and
federal agencies; and
8. Beach nourishment, subject to dredging and dredged material disposal standards, Sections
16.160.040 and
16.160.050.
Any waiver of mitigation shall be coordinated with state and
federal agencies.
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M. Activities
that do not require mitigation even though they involve intertidal
removal include:
1. Maintenance Dredging. Dredging a channel basin, or other facility
which has been dredged before and is currently in use or operation
or has been in use or operation sometime during the past five years,
provided that the dredging does not deepen the facility beyond its
previously authorized or approved depth plus customary over-dredging;
and
2. Aggregate Mining. Provided the site has historically been used for
aggregate removal on a periodic basis.
N. Actions
not considered as mitigation include:
1. As a general rule, conversion of an existing wetland type to another
wetland type as mitigation for impacts on another wetland shall not
be allowed. However, diked non-tidal wetlands with low wildlife value
can be discounted and restored to tidal influence as mitigation for
impacts in diked non-tidal wetlands. Also, enhancement of an existing
wetland can be considered mitigation for impacts in another wetland;
2. Transfer of ownership of existing wetlands to public ownership;
3. Dedication of existing wetlands for natural uses;
4. Provision of funds for research; or
5. Monetary compensation for lost wetlands except where monies are used
to purchase mitigation credits at a mitigation bank.
O. The
following criteria shall be considered when selecting and including
potential mitigation sites in the Mitigation and Restoration Plan
for the Columbia River Estuary (not in order of priority):
1. Proximity to potential development sites;
2. Opportunity to create or restore habitat conditions and other values
similar to those at the impacted sites or historically and presently
scarce habitat types;
3. Character of potential sites (e.g., low habitat value and no conflicting
uses);
4. Potential for protection through zoning; and
5. Amount of new dike requirements, if any.
P. A
plan amendment shall be required to remove any mitigation site from
the mitigation plan. For a Priority 1 mitigation site the plan amendment
shall require a demonstration that there is no longer a need for the
site or that a suitable alternative mitigation site has been designated
and protected. A Priority 2, Level 3 site shall be partially or totally
removed from the mitigation plan if the landowner proposes a development
that would preclude all or part of its use for mitigation and, 30
days after the permit application has been circulated, a negotiated
agreement to sell the land, or certain land ownership rights, for
mitigation use has not been made. The negotiation shall be between
the landowner and any interested buyer. The site shall not be removed
from the plan until the development is completed. A Priority 2, Level
4 or a Priority 3 site shall be partially or totally removed from
the mitigation plan if the landowner chooses to develop part of all
of the site to a degree that would preclude its availability for mitigation
use.
Q. Warrenton
shall make the determination of whether a development will preclude
all or some of the potential use of the site for mitigation purposes.
R. After
a mitigation action takes place, Warrenton shall amend its plan and
change the designation to reflect its aquatic character.
S. The
developer implementing a mitigation action shall be responsible for
all costs associated with the mitigation project unless an alternative
agreement for cost responsibility is negotiated between the landowner
and the developer.
T. Shorelands
in the Marine Commercial Shorelands Zone, Water-Dependent Industrial
Shorelands Zone, or the Skipanon East Bank Mediated Development Shorelands
Zone can only be used for mitigation subject to a finding that the
use of the site for mitigation will not preclude or conflict with
water-dependent uses.
U. Significant
Goal 17 resource areas (major marshes, significant wildlife habitat,
and exceptional aesthetic resources) can only be used for mitigation
subject to a finding that the use of the site for mitigation will
be consistent with protection of natural values.
V. Shorelands
in the Marine Commercial Shorelands Zone, Water-Dependent Industrial
Shorelands Zone, or the Skipanon East Bank Mediated Development Shorelands
Zone can only be used for restoration subject to a finding that the
use of the site for restoration will not preclude or conflict with
water-dependent uses.
W. Priority
2, Level 3 and 4 mitigation sites shall be designated as mitigation
sites until they are proposed for restoration outside of the context
of mitigation. At this time restoration shall be considered an allowed
use subject to the 30-day freeze restrictions presented in mitigation
Standard 17. Restoration shall only be allowed at Priority 2 sites
subject to a finding that the site is no longer required for mitigation.
X. Priority
3, Level 4 mitigation sites shall be designated as mitigation sites
until they are specified for restoration outside of the context of
mitigation. At this time, restoration shall be considered an allowed
use. Restoration shall only be allowed at Priority 3 sites subject
to a finding that the site is no longer required for mitigation.
Y. Significant
Goal 17 resource areas (major marshes, significant wildlife habitat,
and exceptional aesthetic resources) can only be used for restoration
subject to a finding that the use of the site for restoration will
be consistent with protection of its natural values.
Standards in this section apply to all uses and activities in
shoreland and aquatic areas which directly or indirectly affect public
access. "Public access" is used broadly here to include direct physical
access to estuary aquatic areas (boat ramps, for example), aesthetic
access (viewing opportunities, for example), and other facilities
that provide some degree of public access to shorelands and aquatic
areas.
A. Projects
to improve public access shall be designed to assure that adjacent
privately owned shoreland is protected from public encroachment.
B. Warrenton
will implement its Public Access Plan.
C. Warrenton
shall review, under the provisions of ORS 271.300 through 271.360,
proposals for the sale, exchange or transfer of public ownership which
provides public access to estuarine waters.
Standards in this section are applicable to recreational and
tourist-oriented facilities in estuary shoreland and aquatic areas.
A. Off-street
parking may only be located over an aquatic area if all of the following
conditions are met:
1. Parking will be on an existing pile-supported structure; and
2. Suitable shoreland areas are not available; and
3. The amount of aquatic area committed to parking is minimized; and
4. The aquatic area is in an aquatic development zone.
B. New
or expanded recreation developments shall be designed to minimize
adverse effects on surface and groundwater quality. Adverse effects
of storm run-off from parking lots shall be minimized.
C. New
or expanded recreational developments shall be designed and located
so as not to unduly interfere with adjacent land uses.
The standards in this section are applicable to construction
or expansion of residential, commercial or industrial facilities in
shoreland and aquatic areas. Within the context of this section, residential
uses include single and multifamily structures, mobile homes, and
floating residences (subject to an exception to Oregon Statewide Planning
Goal 16). Duck shacks, recreational vehicles, hotels, motels and bed-and-breakfast
facilities are not considered residential structures for purposes
of this section. Commercial structures and uses include all retail
or wholesale storage, service or sales facilities and uses, whether
water-dependent, water-related, or non-dependent, non-related. Industrial
uses and activities include facilities for fabrication, assembly,
and processing, whether water-dependent, water-related or non-dependent,
non-related.
A. Sign
placement shall not impair views of water areas. Signs shall be constructed
against existing buildings whenever feasible. Off-premises outdoor
advertising shall not be allowed in aquatic areas.
B. Off-street
parking may only be located over an aquatic area if all of the following
conditions are met:
1. Parking will be on an existing pile-supported structure; and
2. Suitable shoreland areas are not available; and
3. The amount of aquatic area committed to parking is minimized; and
4. The aquatic area is in an aquatic development zone.
C. Joint
use of parking, moorage and other commercial support facility is encouraged
where feasible and where consistent with local ordinance requirements.
D. Uses
on floating structures shall be located in areas protected from currents
and wave action, and shall not rest on the bottom during low tidal
cycles or low-flow periods.
E. Where
groundwater is or may be used as a water supply, the groundwater table
shall not be significantly lowered by drainage facilities, or be affected
by salt water intrusion due to groundwater mining.
F. Fill
in estuarine aquatic areas or in significant non-tidal wetlands in
shoreland areas shall not be permitted for residential uses.
G. Piling
or dolphin installation, structural shoreline stabilization, and other
structures not involving dredge or fill, but which could alter the
estuary may be allowed only if all of the following criteria are met:
1. A need (i.e., substantial public benefit) is demonstrated; and
2. The proposal does not unreasonably interfere with public trust rights;
and
3. Feasible alternative upland locations do not exist; and
4. Potential adverse impacts are minimized.
H. Residential,
commercial or industrial development requiring new dredging or filling
of aquatic areas may be permitted only if all of the following criteria
are met:
1. The proposed use is required for navigation or other water-dependent
use requiring an estuarine location, or is specifically allowed in
the applicable aquatic zone; and
2. A need (i.e., substantial public benefit) is demonstrated; and
3. The proposal does not unreasonably interfere with public trust rights;
and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
The standards in this section apply to development of new marinas
and improvement of existing marinas in aquatic areas of the estuary.
Also covered are adjacent shoreland support facilities that are in
conjunction with or incidental to the marina. Included under this
section's coverage are both public and private marinas for either
recreational, charter or commercial shallow draft vessels.
A. New
marinas may be approved only when existing marinas are inadequate
with respect to location, support services or size; or cannot expand
to meet area moorage needs.
B. New
marinas shall be located in or adjacent to areas of extensive boat
usage, and in areas capable of providing necessary support services
(including street access, upland parking, water, electricity and waste
disposal).
C. The
feasibility of upland boat storage shall be evaluated concurrent with
proposals for new or expanded marina facilities.
D. Marina
development and expansion may require some filling and dredging of
presently undeveloped areas. Significant aquatic and shorelands resources
shall be protected from preventable adverse impacts in the design,
construction, and maintenance of marina facilities.
E. Marina
development requiring filling or dredging in estuarine aquatic areas
may be permitted only if all of the following criteria are met:
1. The proposed use is required for navigation or for other water-dependent
uses requiring an estuarine location, or is specifically allowed under
the applicable aquatic zone; and
2. A need (i.e., substantial public benefit) is demonstrated; and
3. The proposal does not unreasonably interfere with public trust rights;
and
4. Feasible alternative upland locations do not exist; and
5. Potential adverse impacts are minimized.
F. New,
expanded or renovated marinas shall be designed to assure adequate
water circulation and flushing.
G. New
or expanded marinas shall provide facilities for emptying holding
tanks so that these wastes are not placed in the river.
H. Covered
moorages may be permitted in marinas subject to the following requirements:
1. Information is provided on existing water quality and habitat conditions
in the aquatic area proposed for the covered moorage; and
2. Data on existing aquatic vegetation, and an analysis of the proposed
covered moorages' impact on aquatic vegetation are provided; and
3. Information is provided on light penetration, both with and without
the proposed covered moorage; and
4. No more than 20% of the marina's aquatic surface is occupied by the
covered moorages.
I. New
or expanded marina fuel docks shall maintain on-site equipment for
the containment of spilled fuel.
J. Floating
docks in marinas shall be located such that they do not rest on the
bottom during low tides.
K. New
individual docks outside of marinas may only be built when it is shown
that existing marinas cannot reasonably accommodate the proposed use.
Factors to be considered in this determination include, but are not
limited to:
1. Distance between proposed dock and nearest marina;
2. Availability and cost of moorage space in marinas;
3. Area where the boat will be used; and
4. Presence of other individual docks in the area.
L. The
size and shape of docks and piers in marinas shall be limited to that
required for the intended use.
M. Alternatives
to new docks and piers, such as mooring buoys, dry land storage and
launching ramps, shall be investigated and considered before new docks
are permitted in a marina.
The standards in this section are intended to protect certain
shoreland and aquatic resources with estuary-wide significance. Significant
shoreland resources are identified as such in the Estuarine
Resources and Coastal Shoreland Element of the Comprehensive
Plan. Significant aquatic resources are found in natural aquatic areas.
This section applies only to activities and uses that potentially
affect significant shoreland or aquatic resources. Other resources
without estuary-wide significance are not covered by this section.
Only those resources identified as significant under Statewide Planning
Goal 17 are covered by these standards.
A. Temporary
removal of riparian vegetation may be permitted in conjunction with
a water-dependent use where direct access to the water is required
for construction or for a temporary use. Riparian vegetation removed
for these reasons must be replaced upon project completion. Permanent
removal of riparian vegetation may be approved for a water-dependent
project.
B. Permanent
removal of riparian vegetation may be permitted along transportation
right-of-ways for purposes of maintaining clear vision. Riparian vegetation
that threatens the stability of flood control dikes may be removed.
C. Public
access to significant scenic areas shall be provided in a manner consistent
with the preservation of the scenic area and other significant resources.
D. Tidegated
sloughs and drainage ditches identified as having significant aquatic
habitat value, significant riparian vegetation, or other significant
shoreland resource value may be maintained with respect to depth,
but their bank line location and configuration may not be altered,
unless part of an approved fill or shoreline stabilization project.
E. Riparian
regulation may be removed as necessary for approved mitigation, restoration
or creation projects.
F. Timber
harvested in the A-5 zone and adjacent riparian areas shall meet these
standards:
1. Any timber harvesting operations must be carried out in accordance
with a harvest plan approved by the Oregon Department of Forestry;
and
2. Selection of trees for harvest shall be done with consideration of
retaining natural values.
The standards in this section are intended to help protect and
enhance the quality of water in the Columbia River Estuary. Impacts
on water quality in aquatic areas and in tidegated sloughs in shoreland
areas are covered.
A. New
and expanded marinas shall provide facilities for emptying holding
tanks so that these wastes are not placed in the river.
B. Thermal
effluent shall be cooled before they are returned to the estuary.
C. The
potential adverse impacts on water quality of dredging, fill, in-water
dredged material disposal, in-water log storage, water intake or withdrawal,
and slip or marina development will be assessed during permit review.
Parameters to be addressed include:
3. Biochemical oxygen demand.
D. New
or expanded marine fuel docks must provide on-site equipment for the
containment of fuel spills.
E. New
point-source waste water discharges into the Columbia River will be
controlled through the National Pollution Discharge Elimination System
(NPDES) permit program.
F. Estuarine
aquatic area pesticide and herbicide application will be controlled
by the Department of Environmental Quality and by the Department of
Agriculture.
The following criteria are applicable when determining whether
a use is water-dependent, water-related, or non-dependent, non-related.
A. A
use is water-dependent when it can only be accomplished on, in, or
adjacent to water. The location or access is required for one of the
following:
1. Water-borne transportation (such as navigation; moorage, fueling
and servicing of ships or boats; terminal and transfer facilities;
fish or other material receiving and shipping); or
2. Recreation (active recreation such as swimming, boating and fishing,
or passive recreation such as viewing and walking); or
3. A source of water (e.g., energy production, cooling or industrial
equipment or wastewater, other industrial processes, aquaculture operations);
or
4. Marine research or education (such as observation, sampling, recording
information, conducting field experiments and teaching).
B. A
use is water-related when it:
1. Provides goods and/or services that are directly associated with
water-dependent uses, supplying materials to, or using products of,
water-dependent commercial and industrial uses; or offering services
directly tied to the functions of water-dependent uses; and
2. If not located adjacent to water, would experience a public loss
of quality in the goods and services offered (evaluation of public
loss of quality will involve subjective consideration of economic,
social and environmental values).