157.212 Estuary Conservation 1 Zone (EC1)

157.212 Estuary Conservation 1 Zone (EC1).

This section has been repealed and replaced by Ordinance 2023-05, which is pending codification.

(A) Purpose and areas included. The purpose of the EC1 Zone is to:

(1) Provide for long-term utilization of areas that support or have the potential to support valuable biological resources;

(2) Provide for long-term maintenance and enhancement of biological productivity;

(3) Provide for the long-term maintenance of the aesthetic values of estuarine areas in order to promote or enhance the low-intensity recreational use of estuarine areas adjacent to rural or agricultural shorelands; and

(4) Except where a goal exception has been taken in the County Comprehensive Plan, the EC1 Zone includes the following areas within development and conservation estuaries:

(a) Tracts of tidal marshes, tide-flats, sea-grass and algae beds that are smaller or have less biological importance than those included in EN or ECA Zones;

(b) Productive recreational or commercial shellfish and fishing areas;

(c) Areas that are partially altered and adjacent to existing development of moderate intensity that do not possess the resource characteristics of natural or development management units; and

(d) Areas with potential for shellfish culture (excluding platted oyster beds in Tillamook Bay).

(B) Uses permitted with standards. The following uses are permitted subject to the procedure of §§ 157.215 of this chapter and the standards in §§ 157.216 of this chapter:

(1) Maintenance and repair of existing structures or facilities involving a regulated activity;

(2) Navigational aids;

(3) Vegetative shoreline stabilization;

(4) Structural shoreline stabilization, limited to riprap;

(5) Boat dock in conjunction with one or more private residences:

(a) Single-purpose private docks shall be limited to a maximum of 500 square feet in size; and

(b) Larger docks may be permitted subject to the conditional use provisions of §§ 157.345 through 157.354 of this chapter.

(6) Tide gate installation in existing functional dikes adjacent to EC1 Zones;

(7) Water, sewer, gas or communication lines;

(8) Electrical distribution lines and line support structures;

(9) Active restoration and estuarine enhancement;

(10) Temporary dikes for emergency flood protection;

(11) Temporary low-water bridge;

(12) Signs subject to §§ 157.325 through 157.333 of this chapter;

(13) Aquaculture and water-dependent portions of aquaculture facilities not requiring dredge or fill other than incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks;

(14) Bridge crossings and crossing support structures;

(15) Boat ramps for public use where no dredging or fill for navigational access is needed; and

(16) Water intake structures for out-bay aquaculture.

(C) Uses permitted conditionally. The following uses may be permitted subject to the procedures of §§ 157.170 through 157.184 and 157.345 through 157.354 of this chapter, and the standards herein:

(1) Water-dependent portions of aquaculture facilities that require dredge or fill;

(2) Water-dependent recreational facilities, including:

(a) Boat ramps requiring dredging of fill for navigational access;

(b) Community boat docks in conjunction with a subdivision or planned development; and

(c) Public or commercial docks and moorages for recreational marine craft (including seaplanes), and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area.

(3) Mining and mineral extraction;

(4) Storm water and treated sewage outfalls;

(5) Bulkheads for structural shoreline stabilization;

(6) Temporary alterations; and

(7) Minor navigational improvements.

(D) Regulated activities. The following regulated activities are permitted subject to the procedure and standards of and in §§ 157.345 through 157.354 of this chapter:

(1) Regulated activities in association with on-site maintenance and repair of existing structures or facilities, limited to:

(a) Dredging for on-site maintenance of:

(1) Drainage tiles;

(2) Drainage ditches;

(3) Tide gates;

(4) Bridge crossing support structures;

(5) Water, sewer, gas or communication lines;

(6) Electrical distribution lines; and

(7) Outfalls.

(b) Fill or riprap for on-site maintenance of:

(1) Dikes; and

(2) Bridge crossing support structures or other land transportation facilities.

(2) Piling installation for:

(a) Water-dependent recreational facilities;

(b) Aquaculture facilities;

(d) Bridge crossing support structures.

(3) Riprap for structural shoreline stabilization or protection of utility lines;

(4) Dredging for:

(a) Bridge crossing support structure installation;

(b) Storm water or treated sewage outfall installation;

(d) Water, sewer, gas or communication line installation;

(e) Water intake facilities;

(f) Electrical distribution line installation; and

(g) Mining or mineral extraction.

(5) Fill for:

(a) Bridge crossing support structures;

(b) Structural shoreline stabilization;

(d) Bridge approaches where a goal exception has been taken and included as an amendment to the County Comprehensive Plan (Ord. 33).

(6) Regulated activities in conjunction with an approved active restoration or estuarine enhancement project;

(7) Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks; and

(8) Regulated activities in conjunction with temporary alterations. (Ord. 80-2, passed 06/14/2010)