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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, fish habitat enhancement, or other purpose. Docks, floats and marinas are not regulated as “in-stream structures” under this section of the SMP.

A. General.

1. The location, planning and design of in-stream structures shall be compatible with the following:

a. The full range of public interests, including demand for public access to shoreline waters, desire for protection from floods, and need for preservation of historical and cultural resources; and

b. 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.

2. Structures shall be designed, located, and constructed consistent with mitigation sequencing principles in BMC 13.09.020(B) and in such a manner as to avoid topographical alteration of more than four feet and as otherwise limited by floodplain regulations found in BMC 13.13.040. 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.

3. Subject to the approval of the appropriate state authority, in-stream structures shall provide for adequate upstream and downstream migration of anadromous fish. The city shall not approve an in-stream structure project that adversely affects anadromous fish or state-listed priority species or adversely modifies habitat for fish or state-listed priority species.

4. Utilities and transmission lines shall be located so as to minimize obstruction or degradation of views, and comply with applicable provisions of BMC 13.11.170, Utilities.

5. Mitigation shall be required of the proponent for the loss of ecological functions and processes pursuant to BMC 13.09.020, and consistent with provisions found in applicable sections of Chapter 13.13 BMC. No net loss in function, value, or acreage shall occur from such development.

6. In-stream structures may be required to provide public access, provided public access improvements do not create significant ecological impacts or other adverse environmental impacts to and along the affected shoreline nor create a safety hazard to the public. Public access provisions shall include, but not be limited to, any combination of trails, vistas, parking, and any necessary sanitation facilities. Required public access sites shall be dedicated for public use through fee acquisition or recorded easement or any action that permanently dedicates the sites as public access.

B. Submittal Requirements. In addition to the standard requirements listed in BMC 13.17.030, Review and processing requirements, all permit applications for in-stream structures shall contain, at a minimum, the following additional information:

1. A site suitability analysis, which provides sufficient justification for the proposed site. The analysis must fully address alternative sites for the proposed development;

2. Proposed location and design of primary and accessory structures, transmission equipment, utility corridors, and access/service roads;

3. Provision for public access to and along the affected shoreline and proposed recreational features at the site, where applicable;

4. A plan that describes the extent and location of vegetation that is proposed to be removed to accommodate the proposed facility, and any site revegetation plan required by this SMP;

5. A hydraulic analysis prepared by a licensed professional engineer that sufficiently describes the project’s effects on stream way hydraulics, including potential increases in base flood elevation, changes in stream velocity, and the potential for redirection of the normal flow of the affected stream;

6. A hydrologic analysis that analyzes the project’s effects on ecological processes, including delivery and rate of water and sediment, geomorphology, and recruitment of large woody debris;

7. Biological resource inventory and analysis that sufficiently describe the project’s effects on fish and wildlife resources, prepared by a qualified professional as defined in Chapter 13.03 BMC;

8. Provision for erosion control, protection of water quality, and protection of fish and wildlife resources during construction; and

9. Long-term management plans that describe, in sufficient detail, provisions for protection of in-stream resources during construction and operation. The plan shall include means for monitoring its success. (Ord. 2112 § 3 (Exh. C), 2013).