(1) Small-scale power generating apparatus may be placed in streams provided they do not create impoundments and there are no adverse impacts on shoreline functions and processes, including but not limited to stream flow, habitat structure, temperature, and/or water quality.

(2) The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the State of Washington. The professional design shall include a maintenance schedule.

(3) For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for 150 percent of the cost of the structure shall be filed with the Administrator prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the State of Washington, and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.

(4) Dams and associated power generating facilities shall not be permitted except in the rare instance where there is clear evidence that the benefits to County residents outweigh any potential adverse ecological impacts. The criteria for approving such facilities will depend on the specific location including its particular physical, cultural, and ecological conditions. Dams and associated power generating facilities shall not be permitted in areas designated as “Protected Areas” by the Northwest Power and Conservation Council or an equivalent State-adopted site ranking program.

(5) Hydroelectric generating facilities which provide or generate more than one megawatt of electrical power annually or are located on public land shall provide public access/open space. The County may alter the recommended megawatt threshold per constitutional limits or waive this requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. Public access provisions shall include, but not be limited to, any combination of trails, vistas, parking, and any necessary sanitation facilities.

(6) Construction material staging areas shall be located more than 200 feet from ordinary high water, except this shall not apply during construction and assembly periods.

(7) Service roads shall be a size which is minimally necessary to safely accomplish maintenance and repair of the facility.

(8) The following standards shall apply to powerhouses/penstocks: