35.20.150 Regulations – Dredging.
(1) Dredging may be permitted in all environmental designations, except the Natural designation where it is prohibited, through a conditional use permit as indicated in CCC 35.10.090, Table 2-2, only when the activity is consistent with this Program and when there are no feasible alternatives to dredging.
(2) Dredging shall only be permitted when necessary to support the following uses and developments; dredging for other purposes is prohibited:
(a) Approved harbors, marinas, ports, and water-dependent industries;
(b) Development or maintenance of essential public infrastructure and facilities;
(c) Environmental cleanup activities required under the Model Toxics Control Act or Comprehensive Environmental Response, Compensation, and Liability Act;
(d) Trenches required for underground utility installation when boring, directional drilling, and other installation methods are not feasible;
(e) Maintenance dredging for the purpose of restoring a lawfully established use or development, except for a residential dock;
(f) Maintenance dredging for the purpose of restoring previously permitted or authorized hydraulic capacity of a stream or river;
(g) Maintenance of existing legal irrigation reservoirs, drains, canals, or ditches;
(h) Establishing, expanding, relocating, or reconfiguring navigation channels and basins where necessary to assure the safety and efficiency of existing navigation uses;
(i) Ecological restoration and enhancement projects benefitting water quality and/or fish and wildlife habitat;
(j) Approved beach nourishment projects; or
(k) Public access and public water-oriented recreational developments/uses, including construction of public piers and docks that benefit substantial numbers of people.
(3) Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized location, depth, and width.
(4) Dredging for flood management purposes shall be permitted only when the project proponent demonstrates that:
(a) The dredging is a required component of a County-approved comprehensive flood management plan; or
(b) The dredging has a long-term benefit to public health and safety and will not cause a net loss of ecological functions and processes.
(5) Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed unless it is for the purpose listed in subsection (2) of this section.