Estuary Zones Amended
157.210 Use priorities and uses permitted outright.
(A) Intent. Estuary Zones shall be applied to all estuarine waters, intertidal areas, submerged and submersible lands and tidal lands up to the line of non-aquatic vegetation landward of the mean higher high water (MHHW) line.
(B) General use priorities and areas included.
(1) General priorities, from highest to lowest, for uses within all estuary zones shall be applied to all estuarine waters, intertidal areas, submerged and submersible lands and tidal lands up the line of non-aquatic vegetation landward of the mean higher high water (MHHW) line:
(a) Uses that maintain the integrity of the estuarine ecosystem;
(b) Water-dependent uses requiring an estuarine location, as consistent with the overall state estuarine classification;
(c) Water-dependent uses that do not degrade or reduce the natural estuarine resources and values; and
(d) Non-dependent, non-related uses which do not alter, reduce or degrade the estuarine resources and values.
(2) The application of a particular type of estuary zone within a given estuary is dependent upon the classification of the estuary under LCDC Rule No. O.A.R. 660-17-010, and the criteria outlined in individual zone descriptions in §§ 157.212 through 157.214 of this chapter.
(3) Estuary classification/permitted zones: Estuary Development “ED”, Estuary Conservation 1 “EC1", Estuary Conservation 2 “EC2", Estuary Conservation Aquaculture “ECA” and Estuary Natural “EN”.
(C) Uses permitted outright “P.” The following uses are permitted outright within all estuary zones:
(1) Maintenance and repair of existing structures or facilities not involving a regulated activity. (See § 157.215 of this chapter.) For the purpose of this chapter, EXISTING STRUCTURES OR FACILITIES are defined as structures or facilities in current use or good repair as of the date of adoption of this chapter (including structures or facilities which are in conformance with the requirements of this chapter and non-conforming structures or facilities established prior to October 7, 1977).
(2) Dike maintenance and repair for:
(a) Existing serviceable dikes (including those that allow some seasonal inundation);
(b)
(1) Dikes that have been damaged by flooding, erosion or tide gate failure where the property has reverted to estuarine habitat only if the property is in the Farm “F1" Zone and it has been in agricultural use for three of the last five years and reversion to estuarine habitat has not occurred more than five years prior.
(2) The city will rely on the U.S. Army Corps of Engineers and the Division of State Lands to determine whether an area has reverted to estuarine habitat.
(3) For the purpose of this division (C)(2), AGRICULTURAL USE means maintaining agricultural improvements and using the area for pasture several months of the year or harvesting this area once a year.
(3) Low-intensity, water-dependent recreation, including, but not limited to, fishing, crabbing, clamming, wildlife observation, swimming and hunting;
(4) Low-intensity marine research and education;
(5) Grazing of livestock;
(6) Fencing; provided that, it is not placed across publicly-owned intertidal areas so as to restrict public access to, or recreational boating access across said lands and intertidal areas; and
(7) Passive restoration. (Ord. 80-2, passed 06/14/2010)