The purpose of the estuary zone is to:
A. 
Assure the protection of fish and wildlife habitats;
B. 
Maintain the biological productivity within the estuary; and
C. 
Provide for low-intensity uses that do not require major alterations of the estuary. The Ecola Creek Estuary is defined to include: estuarine water; tidelands; tidal marshes (wetlands from lower high water (LHW) inland to the line of nonaquatic vegetation); and submerged lands. In areas where there are no tidelands or tidal marshes, the estuary extends to mean higher high water. The estuary extends upstream to the head of tidewater. Site specific delineations may be necessary to determine the exact location of the E zone boundary. Site specific delineations shall be performed by qualified individuals using a method acceptable to the U.S. Army Corps of Engineers and the Oregon Division of State Lands.
(Ord. 24-05, 6/5/2024)
In the estuary zone, the following uses and activities shall be permitted subject to the requirements of Section 17.48.040:
A. 
Passive restoration measure;
B. 
Vegetative shoreline stabilization;
C. 
Research and education observation;
D. 
Emergency repair to existing dikes, subject to state and federal requirements;
E. 
Temporary dikes for emergency flood protection, limited to 60 days, subject to state and federal requirements;
F. 
Maintenance and repair of dikes; and
G. 
Individual nonmotorized boating.
(Ord. 24-05, 6/5/2024)
A. 
In the estuary zone, the following uses may be permitted when authorized in accordance with provisions of Chapter 17.86 and Section 17.48.040:
1. 
Submerged cable, sewer line, water line or other pipeline;
2. 
Maintenance and repair of structures or facilities existing as of October 7, 1977, which no longer meet the purposes of the estuary zone;
3. 
Active restoration of fish and wildlife habitat or water quality;
4. 
Estuarine enhancement;
5. 
Structural shoreline stabilization for protection of uses existing as of October 7, 1977, unique natural resources, historical and archaeological values and public facilities; and
6. 
Bridge crossings.
B. 
In the estuary zone, the following uses may be permitted when authorized in accordance with the provisions of Chapter 17.86 and Section 17.48.040. It must also be determined if these uses and activities meet the resource capability of the estuary zone area in which the uses and activities occur, and if the uses and activities are consistent with the purpose of the estuary zone, as stated above. The procedures of Chapter 17.106, Resource Capability Determination, will be used to make this determination:
1. 
Structural shoreline stabilization for purposes other than allowed by subsection (A)(5) of this section;
2. 
Active restoration for purposes other than restoration of fish and wildlife habitat or water quality;
3. 
Stormwater and treated wastewater outfalls;
4. 
Bridge crossings support structures;
5. 
Dredging, fill or piling installation necessary for the installation of a conditional use listed above;
6. 
Temporary alterations; and
7. 
Uses and activities permitted by an approved goal exception.
(Ord. 24-05, 6/5/2024)
A. 
All uses shall satisfy applicable specific standards of Section 17.86.090. Where a proposal involves several uses, the standards applicable to each use shall be satisfied.
B. 
When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure. In addition, a proposal with several uses shall be reviewed in aggregate for consistency with the resource capability and purposes of the estuary zone, when a resource capability determination is required.
C. 
All applicable policies in the city comprehensive plan shall be adhered to.
D. 
Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration, subject to the requirements of Chapter 17.104, Impact Assessment.
E. 
No use shall be allowed in the estuary zone that would cause a major alteration of the estuary.
F. 
Dredge and/or fill shall be allowed only:
1. 
If required for water-dependent uses that require an estuarine location, or if specifically allowed by this zone;
2. 
If a need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
3. 
If no feasible upland locations exist;
4. 
If adverse impacts are minimized.
G. 
Other uses and activities which could alter the estuary shall only be allowed if the requirements in subsections (F)(2), (3), and (4) of this section are met.
H. 
Riparian vegetation shall be managed in accordance with the requirements of Section 17.102.070(D).
(Ord. 24-05, 6/5/2024)