35.35.090 Regulations – Aquatic habitat conservation area protection standards.
(1) The Program in its entirety shall constitute the protection standards for Type S aquatic habitat conservation areas.
(2) New shoreline uses and developments shall be located, designed, constructed, and maintained to avoid impacts on aquatic HCAs and their buffers. Impact avoidance measures shall include, but not be limited to, reducing the number, size or scale of buildings, driveways and other features; altering the configuration or layout of the proposed development; using environmentally favorable construction materials; forgoing construction of accessory structures; directing lights away from the water body; preserving native vegetation; and other reasonable measures.
(3) New uses and developments may be allowed in aquatic HCA waters and/or their buffers, as specified in this Program, when all reasonable measures have been taken to avoid adverse impacts on species and habitats; when compensatory mitigation is provided, in accordance with CCC 35.40.030, for all adverse impacts that cannot be avoided; and the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose.
(4) The Administrator may impose conditions on any new shoreline uses and developments in Aquatic HCAs and their buffers as needed to:
(a) Preserve natural flood control, stormwater storage, and drainage or stream flow patterns;
(b) Control siltation, protect nutrient reserves, and maintain stream flows and stream quality for fish and marine shellfish;
(c) Prevent turbidity and pollution of streams and fish or shellfish bearing waters; or
(d) Preserve and protect habitat adequate to support viable populations of native wildlife in Clallam County.