16.55.530 Dredging and Dredge Material Disposal.
(1) Policies.
(a) Site and design new development to avoid or, if that is not possible, to minimize the need for new and maintenance dredging.
(b) Ensure dredging and dredge material disposal is done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions.
(c) Discourage the disposal of dredge material on shorelands or wetlands within a channel migration zone.
(2) Regulations.
(a) As regulated in this SMP, dredging is the removal of bed material from below the OHWM or wetlands using other than unpowered, hand-held tools for one of the allowed dredging activities listed in Subsection 16.55.530(2)(d). This Section is not intended to cover other removals of bed material waterward of the OHWM or wetlands that are incidental to the construction of an otherwise authorized use or modification (e.g. shoreline crossings, bulkhead replacements). These in-water substrate modifications should be conducted pursuant to applicable general and specific use and modification regulations of this SMP.
(b) New development must be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging.
(c) Dredging and dredge material disposal must be done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided must be mitigated in a manner that assures no net loss of shoreline ecological functions.
(d) Dredging may only be permitted for the following activities:
(i) Development of essential public facilities when there are no feasible alternatives.
(ii) Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
(iii) Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat.
(iv) Trenching to allow the installation of necessary underground utilities if no alternative, including boring, is feasible; impacts to fish and wildlife habitat are avoided to the maximum extent possible; and the installation does not alter the natural rate, extent, or opportunity of channel migration.
(e) Dredging for the primary purpose of obtaining fill material is prohibited, except when the material is necessary for the restoration of ecological functions. The site where the fill is to be placed must be located waterward of the OHWM. The project must be either associated with a Model Toxics Control Act or Comprehensive Environmental Response, Compensation, and Liability Act habitat restoration project or, if approved through a Shoreline Conditional Use Permit, any other significant habitat enhancement project.
(f) Dredge material disposal within shoreline jurisdiction is permitted under the following conditions:
(i) Shoreline ecological functions and processes will be preserved, restored or enhanced, including protection of surface and groundwater; and
(ii) Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property.
(g) Dredge material disposal in open waters may be approved only when authorized by applicable state and federal agencies, and when one of the following conditions apply:
(i) Land disposal is infeasible, less consistent with this SMP, or prohibited by law.
(ii) Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible.
(h) All applications for dredging or dredge material disposal shall include the following information, in addition to other application requirements:
(i) A description of the purpose of the proposed dredging activities.
(ii) A site plan outlining the perimeter of the area proposed to be dredged and the dredge material disposal area, if applicable.
(iii) A description of proposed dredging operations, including, but not limited to:
aa. The method of removal.
bb. The length of time required.
cc. The quantity of material to be initially removed.
dd. The frequency and quantity of projected maintenance dredging.
(iv) A description of proposed dredge material disposal, including, but not limited to:
aa. Size and capacity of disposal site.
bb. Means of transportation to the disposal site.
cc. Future use of the site and conformance with land use policies and regulations, if applicable.
(v) Plans for the protection and restoration of the shoreline environment during and after dredging operations.
(vi) An assessment of potential impacts to ecological functions or processes from the proposal.
(vii) A mitigation plan to address identified impacts, if necessary. (Ord. 16-3 §54, 2016).