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(1) Policies.

(a) Ensure the location, design, construction and maintenance of in-stream structures give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.

(b) Encourage non-structural and non-regulatory approaches as an alternative to in-stream structures. Non-regulatory and non-structural approaches may include public facility and resource planning, land or easement acquisition, education, voluntary protection and enhancement projects, or incentive programs.

(2) Regulations.

(a) In-stream structures may be allowed only as part of an approved watershed basin restoration project approved by the City and upon acquisition of any required state or federal permits.

(b) In-stream structures must provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, priority habitats and species, other wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas.

(c) New in-stream structures shall not interfere with existing water-dependent uses, including recreation.

(d) In-stream structures shall not be a safety hazard.

(e) In-stream structures shall be designed by a qualified professional.

(f) Natural in-stream features, such as snags, uprooted trees, or stumps, shall be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages or pose a hazard to human safety.

(g) In-stream structures shall comply with the Environmental Protection regulations in Section 16.55.250 and shall ensure no net loss of ecological function. Consistent with requirements for mitigation sequencing (Subsection 16.55.250(2)(d)), all structures must be the minimum size necessary and be designed to avoid and then minimize potential adverse impacts. All unavoidable adverse impacts must be mitigated in accordance with a mitigation plan that meets the requirements of Subsection 16.55.250(2)(f).

(h) The applicant must obtain all other local, state, and federal permits required for in-stream structures in addition to the requirements of this SMP. (Ord. 16-3 §45, 2016).