Presence of development hazards, such as landslide potential, flooding, subsidence features (sinkholes), or other hazards. Current background or technical information is available, including City slope or geologic hazards maps, flood maps, the Tillamook Bay Estuary Plan, or other information.

1. Purpose: The purpose of this zone is to mitigate potential building hazards and threats to life and property created by flooding, landslides, weak foundation soils, and other hazards as may be identified and mapped by the City of Bay City or other agency. Hazards exist throughout the other zones of the City, but specific parcels which lie wholly or partially in an area of identified hazards are considered to be in the Hazards Overlay Zone.
   
   These policies and standards are intended to mitigate potential building hazards by requiring the study of such areas by a qualified person prior to construction, by reducing building intensity in these areas where appropriate, and by requiring special construction techniques for ground disturbing activities.
2. Geologic Hazards Areas: Within an identified geologic hazard area or within a site that contains identified geologic hazards a geologic hazard assessment report and geotechnical engineering report, when required, shall be prepared for any permit where ground alteration or disturbance is proposed and for any subdivision, partition, or planned development. The City or Planning Commission may require additional boundaries of the study area.
   1. The proposed use will be permitted only if:
      1. The site investigation provides a finding that there is no significant hazard on the property or on surrounding properties which could threaten the safety of a proposed development; or
      2. A feasible engineering solution to the hazard(s) is proposed which could eliminate the hazard to the proposed structure or surrounding properties.
   2. The following are specific Geologic Hazards to which the standards of this Section apply:
      1. Slopes mapped as less than 12%: Where development is proposed on areas mapped as 12% or less, the presence of non-engineered fills, sinkholes, identified drainages, adverse drainage conditions, or proposed cuts and fills exceeding 4 feet in height, or landslides will require the submittal of a geologic or geotechnical engineering assessment.
      2. Slopes 12% to 25%: A site analysis shall determine the presence of soil creep, fills, or signs of past instability. If hazards are present, engineering recommendations shall be provided. If conditions require recommendations for foundation construction outside of the International Building Code (IBC), those recommendations shall be provided by an appropriately qualified professional engineer. If thorough examination of the site determines that no hazards are present, documentation by an appropriately qualified professional shall be submitted with application for development permit.
      3. Slopes 25% or greater: Geologic assessment and engineering plans and recommendations shall be provided. These reports and recommendations shall include:
         1. Subsurface exploration of areas above, below, and alongside known or suspected slides
         2. Accurate identification and measurement of the limits of the slide mass
         3. Identification of the stability of the slide mass and the mechanics of slide movement.
         4. Identification of the orientation of bedding planes in relation to the dip of the surface slope
         5. Identification of the soil depth
         6. Identification of the water drainage patterns
         7. A site specific grading and erosion control plan for site stabilization and construction
         8. The methodology for determining the site stabilization plan
         9. Recommendation of suitable setbacks, keeping in mind the anticipated life of the structure or development.
      4. Sinkholes: Areas within 50 feet of areas mapped as having sinkholes or potential sinkholes shall be evaluated by a Certified Engineering Geologist or appropriately qualified Registered Geologist and engineering recommendations provided by an appropriately qualified professional engineer for each identified hazard.
      5. Fills: For ground alteration within areas that contain non-engineered fills a report by an appropriately qualified professional shall perform subsurface exploration to determine and document whether any unsuitable materials exist that may adversely affect building foundations, utilities, or pavements. This documentation shall be submitted with application for building or development permit. If conditions require recommendations for foundation construction outside of the International Building Code (IBC), those recommendations shall be provided by an appropriately qualified professional engineer.
      6. Tide Flats: Due to concern for the presence of peat and the settlement-sensitive nature of the native sandy and silty soils this area requires a subsurface exploration, soils laboratory testing, settlement analysis, and foundation construction design and recommendations by an appropriately qualified professional engineer.
3. Geologic Hazard Zone Standards:
   1. Report Detail: The extent and detail of the reports shall be consistent with the requirements of Oregon State Board of Geologist Examiners (OSBGE) and Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) and shall be commensurate with the degree of the suspected or mapped hazard, ranging from brief written evaluations of moderate slope hazards to in-depth evaluation of potential landslide hazards.
   2. Dual Stamping Reports: In cases where both engineering geology and geotechnical engineering are required, reports shall contain the signatures and stamps of both appropriately qualified professionals and shall define for which portion of the report each professional is responsible.
   3. Hazardous Site Conditions: If hazardous conditions occur during site development, the city may require the property owner and / or developer to provide geologic assessment reports and / or engineering recommendations and plans to mitigate adverse conditions.
      
      If timely submittal of requested reports is not provided, commensurate with the hazard, the City may hire its own appropriately qualified professional to provide addendum to or review of reports and plans submitted and shall bill the cost to the developer.
   4. Required Certifications and Inspections: For any geologic assessment report and geotechnical engineering report submitted, the registered professional of record shall be required to:
      1. Review final plans for development and submit a signed and stamped certification report that all recommendations have been incorporated into development plans.
      2. Review subgrade excavations and fills for structures and stormwater drainage and submit a signed and stamped certification report that all recommendations have been met.
      3. Perform a final inspection of the site and submit a signed and stamped certification report that all recommendations have been met.
   5. Stormwater Drainage: Surface water flowing from an existing property or new development shall be controlled such that it does not negatively impact adjacent public or private property by increasing flow, concentrating flow, or stimulating erosion that was not present beforehand.
      
      All new construction shall incorporate basement and foundation drainage to control water and keep it from crawl space, under-slab, and below grade areas. Ground water control can range from perforated PVC pipe for foundation drains to engineered retaining wall drainage systems.
      If unanticipated storm water drainage problems arise during or after development, the City of Bay City may require the property owner to mitigate the situation up to and including the submittal and installation of a detailed engineered storm water drainage plan approved by the city.
   6. Flood Hazards: The flood protection requirements of Section 10.07.030 shall be adhered to for all development in identified flood areas. In all flood hazard areas, engineered stormwater drainage plans, flood elevation certificates, and post flood elevation certificates shall be required.
   7. Peer Review: Where the development has the potential to adversely impact adjacent properties, the city may retain appropriately qualified professionals to review the submitted reports at the cost of the developer. The boundaries of the study area shall be determined by the Planning Commission.
4. Application Information Required:
   1. Geologic Assessment Reports shall include at least the following information. Additional information, commensurate with the level of hazard shall be submitted.
      1. Identification of potential hazards to life, public and private property, adjacent property, surrounding areas, and the natural environment which may be caused by the proposed development.
      2. Mitigation methods for protecting the property and surrounding areas from each potential hazard.
      3. Development density shall be as follows unless report findings provide recommendations for higher densities. The density of the underlying zone shall be an additional limiting factor:
         1. 12% - 24% slope: Density should generally not exceed 2 dwelling units per acre.
         2. 25% - 35% slope: Density should generally not exceed 1 dwelling unit per acre.
         3. 35% slope or greater: Construction is permitted only on sites where footings can be anchored in base rock.
      4. Identification of soils and bedrock types
      5. Identification of soil depth
      6. Water drainage patterns
      7. Identification of visible landslide activity in the immediate area
      8. History of mud or debris flow
      9. In areas prone to landslide, mudflow and where slopes exceed 25%, reports shall identify the Orientation of bedding planes in relation to the dip of the surface slope
      10. Recommendations for removal, retention, and placement of trees and vegetation
      11. Recommendations for placement of all structures, on site drives, and roads
      12. Recommendations for protecting the surrounding area from any adverse effects of the development.
   2. Site development plans drawn to a measurable scale shall include at least the following information. Additional information, commensurate with the level of hazard shall be submitted. The city may require that specific items be submitted on separate sheets for clarity and site inspection purposes.
      1. Topographical contour maps indicating existing and finished grades the location of structures, on site drives, parking areas, roads, and other site improvements
      2. Stormwater Drainage Plans; engineering shall be required where drainage hazards are identified.
      3. Grading and Erosion Control Plans consistent with the requirements of this Chapter Section 10.12.050.C; engineered plans shall be required where grading and drainage hazards are identified.
      4. Foundation design, if design outside of the International Building Code is necessary
      5. Road Design; engineering shall be required where drainage hazards are identified.
5. Liability: The degree of protection from problems caused by geologic hazards which is required by this section is considered reasonable for regulatory purposes. This Article does not imply that uses permitted will be free from geologic hazards. This Article shall not create liability on the part of the City or by any agents, officers, employee, or official thereof for any damages due to geologic hazards that result from reliance on this Article or any administrative decision lawfully made thereunder.
   

1. Purpose: The purpose of the Freshwater Wetland Zone is to conserve significant freshwater wetlands, including and especially the shoreland and aquatic environment of Bay City's creeks.
2. Zone Boundaries: The boundaries of the Freshwater Wetland Zone shall be those shown on the map titled "Significant Freshwater Wetlands of Bay City" on file at the City Hall and other significant freshwater wetlands. Jurisdictional boundaries shall be identified by delineation concurred with by the Oregon Department of State Lands.
3. Uses Permitted: In a FW Zone, the following uses are permitted outright subject to standards listed in Section 10.07.020 (D):
   1. Low intensity recreation.
   2. Habitat restoration measures.
   3. Vegetation shoreline stabilization.
   4. Submerged cable, sewer line, waterline or other pipeline.
4. Conditional Uses Permitted: In a FW Zone, the following uses are permitted subject to the provisions of Section 10.11.150.
   1. Dredging or grading for purposes of mitigation.
   2. Structural shoreline stabilization.
   3. Individual docks for recreation or fishing, including necessary piling.
   4. Public parks and recreation associated low intensity development such as docks, raised walkways, and foot paths.
   5. Stormwater outfalls.
5. FW Zone Standards: In a FW Zone the following standards shall apply:
   1. All activities involving construction or alteration in wetlands or aquatic areas shall be reviewed by the Oregon Department of State Lands and the U.S. Army Corps of Engineers to determine permit applicability. If these agencies determine that they have jurisdiction over a proposed use or activity, no construction or alteration shall commence until a permit has been obtained.
   2. Riparian vegetation shall be maintained consistent with standards of Section 10.11.150.
   3. Fill may be permitted only if all of the following criteria are met:
      1. If required for a water-dependent use requiring an aquatic location, or if specifically allowed in the FW Zone; and
      2. A substantial public benefit is demonstrated; and
      3. The proposed fill does not unreasonably interfere with public trust rights; and
      4. Feasible upland alternative locations do not exist; and
      5. Adverse impacts are minimized.
   4. A fill shall cover no more area than the minimum necessary to accomplish the proposed use.
   5. Projects involving fill may be approved only if the following alternatives are examined and found to be infeasible:
      1. Construct some or all of the project on piling;
      2. Conduct some or all of the proposed activity on existing upland areas;
      3. Approve the project at a feasible alternative site where adverse impacts are less significant.
6. Dredging Shall be Allowed Only:
   1. If a substantial public benefit is demonstrated; and
   2. If the use or alteration does not unreasonably interfere with public trust rights; and
   3. If no feasible alternative upland locations exist; and
   4. If adverse impacts are minimized.
7. When dredging is permitted, the dredging shall be the minimum necessary to accomplish the proposed use.
8. Piling installation may be allowed only if all of the following criteria are met:
   1. A substantial public benefit is demonstrated; and
   2. The proposed use does not unreasonably interfere with public trust rights; and
   3. Feasible alternative upland locations do not exist; and
   4. Potential adverse impacts are minimized.
9. Shoreline stabilization measures shall meet the criteria in Section 10.07.
10. The draining of a wetland area is prohibited except as may be necessary for a permitted or conditional use.
11. The removal of trees or other vegetation from a wetland area is prohibited except as such removal may be necessary for a permitted or conditional use, for perimeter mowing to remove fire hazards, or in a clear vision area.
    

ED = Estuary Development P = Permitted

EC1 = Estuary Conservation 1 PS = Permitted with standards

EC2 = Estuary Conservation 2 C = Conditional

ECA = Estuary Conservation Aquaculture RA = Regulated activity

EN = Estuary Natural NP = Not permitted

Table Definitions:

Permitted: A use or activity which is permitted as an outright use. Permitted With Standards: A use or activity which is permitted as an outright use subject to specific standards. Conditional: A use or activity requiring the approval of the Planning Commission before being permitted in a particular zone. Regulated Activity: Actions involving alteration to the estuary which are generally undertaken in conjunction with other uses and for which state and federal permits are required. These activities are reviewed by the Planning Commission under Section 6.15, for consistency with the plan and development code. Activity: A development action generally taken in conjunction with a use and which makes a use possible; activities do not in and of themselves result in specific use of land and water area; often several activities (e.g. dredging, piling, fill) may occur with a single use (e.g. port facility). Most activities take place in conjunction with a wide variety of uses. Use: The end to which a water area is ultimately employed.

Estuary Zones shall be applied to all estuarine water, intertidal areas, submerged and submersible lands, and tidal wetlands up to the line of non-aquatic vegetation of the Mean Higher High Water (MHHW) line, whichever is most landward.

1. 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.
      
      For the purpose of this Chapter, "existing structures and facilities" are defined as structures or facilities in current use or good repair as of date of adoption of this Article (including structures or facilities which are in conformance with the requirements of this Chapter and nonconforming structures or facilities established prior to October 7, 1977.)
   2. Low intensity, water-dependent recreation, including but not limited to fishing, crabbing, clamming, wildlife observation, swimming, and hunting.
   3. Research and educational observation.
   4. Passive restoration.
   5. Dike maintenance and repair for:
      1. Existing serviceable dikes (including those that allow some seasonal inundation.)
      2. Dikes that have been damaged by flooding, erosion, or tidegate failure where the property has not reverted to an estuarine habitat.
      3. Dikes that have been damaged by flooding, erosion, or tidegate failure where the property has reverted to estuarine habitat only if the property is in the Farm F-1 Zone and it has been in agricultural use for 3 of the last 5 years and reversion to estuarine habitat has not occurred more than 5 years prior.
         
         Bay 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 influence.
         
         For the purpose of this paragraph, agricultural use means using an area for pasture several months of the year or harvesting this area once a year.
   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.
      

1. Purpose and Areas Included: The purpose of the EN Zone is to provide for preservation and protection of significant fish and wildlife habitats and other areas which make an essential contribution to estuarine productivity or fulfill scientific, research or educational needs.
   
   The EN Zone includes the following areas within the estuary: major tracts of tidal marsh, intertidal flats, and seagrass and algae beds. The "major tract" determination is made through a consideration of all the following five criteria: size, habitat, value, scarcity, and degree of alteration.
2. Uses Permitted with Standards (PS): The following uses are permitted with standards within the EN Zone, provided that the development standards in Section 10.10.090 have been met:
   1. Maintenance and repair of existing structures or facilities involving regulated activity.
   2. Navigational aids.
   3. Vegetative shoreline stabilization.
   4. Temporary dikes for emergency flood protection.
   5. Mooring buoy.
   6. Tidegate installation in existing functional dike.
   7. Bridge crossings and bridge crossing support structures.
3. Conditional Uses (C): The following uses are Conditional within the EN Zone and may be permitted by the Planning Commission, subject to the provisions of Section 10.15 and the development standards in Section 10.10.090:
   1. Aquaculture and water dependent portions of aquaculture facilities which do not require dredging or fill.
   2. Rip-rap to protect unique natural resources, historical and archaeological values, public facilities and uses existing as of October 7, 1977; and uses allowed by this zone.
   3. Water, sewer, gas, or phone lines.
   4. Electrical distribution lines and line support structure.
   5. Active restoration and estuarine enhancement.
   6. Temporary low water bridges.
   7. Temporary alterations.
   8. Boat ramps for public use where no dredging or fill for navigational access is needed.
   9. Water intake structures for out-bay aquaculture.
4. Regulated Activities (RA): The following regulated activities are permitted within the EN Zone, provided that the requirements of Section 10.15.090 have been met. Regulated Activities shall be reviewed by the procedure provided in Section 10.15.090(J):
   1. Regulated activities for the purpose of on-site maintenance and repair of existing structures or facilities, limited to:
      1. Dredging for on-site maintenance of:
         1. Drainage tiles.
         2. Drainage ditches.
         3. Tidegates.
         4. Bridge crossing support structures.
         5. Water, sewer, gas, or phone lines.
         6. Electrical distribution lines.
         7. Outfalls.
      2. Fill or rip-rap for on-site maintenance of:
         1. Dikes.
         2. Bridge crossing support structures or other land transportation facilities.
   2. Rip-rap for structural shoreline stabilization and protection of uses by this zone.
   3. Piling installation for:
      1. Navigational aids.
      2. Aquaculture facilities permitted as a conditional use.
      3. Public boat ramp.
      4. Bridge crossing support structures.
   4. Dredging for installation of:
      1. Water, sewer, gas, or phone lines.
      2. Electrical distribution lines.
      3. Tidegates in existing functional dikes adjacent to EN Zones.
      4. Bridge crossing support structures.
      5. Public boat ramps.
   5. Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
   6. Regulated activities in conjunction with temporary alterations.
   7. Fill for installation of public boat ramps or bridge crossing support structure.
   8. Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
      

1. Purpose and Areas Included:
   1. The purpose of the EC1 Zone is to:
      1. Provide for long-term utilization of areas which 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.
   2. The EC1 Zone includes the following areas within the Tillamook Bay Estuary:
      1. Tracts of tidal marshes, tideflats, seagrass, and algae beds which are smaller or of less biological importance than those included in the EN or ECA areas.
      2. Productive recreational or commercial shell fish and fishing areas.
      3. Areas that are partially altered and adjacent to existing development of moderate intensity which do not possess the resource characteristics of EN or ED units.
      4. Areas with potential for shellfish culture (excluding platted oyster beds in Tillamook Bay).
2. Uses Permitted with Standards (PS): The following uses are permitted with standards with the EC1 Zone, provided that the development standards in Section 10.08.090 have been met:
   1. Maintenance and repair of existing structures or facilities involving a regulated activity.
   2. Navigational aid.
   3. Vegetative shoreline stabilization.
   4. Structural shoreline stabilization, limited to rip-rap.
   5. Boat dock in conjunction with one or more private residences (Single-purpose private docks shall be limited to a maximum of 150 square feet in size.).
   6. Water, sewer, gas, or phone lines.
   7. Electrical distribution lines and line support structures.
   8. Active restoration and estuarine enhancement.
   9. Temporary dikes for emergency flood protection.
   10. Temporary low water bridge.
   11. Tidegate installation in existing functional dikes adjacent to EC1 Zones.
   12. 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.
   13. Bridge crossings and bridge crossing support structures.
   14. Boat ramps for public use where no dredging or fill for navigational access is needed.
   15. Water intake structures for out-bay aquaculture.
3. Conditional Uses (C): The following uses are conditional within the EC1 Zone, and may be permitted by the Planning Commission, subject to the provisions of Section 10.15 and the Development standards in Section 10.10.090:
   1. Water-dependent portion of aquaculture facilities which require dredge or fill.
   2. Water-dependent recreational facilities, including:
      1. Boat ramps, requiring dredging or fill for navigational access.
      2. Community boat docks in conjunction with a subdivision or planned development.
      3. 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 or mineral extraction.
   4. Storm water and treated sewer outfall.
   5. Bulkheads for structural shoreline stabilization.
   6. Temporary alterations.
   7. Minor navigational improvements.
4. Regulated Activities (RA): The following regulated activities are permitted within the EC1 Zone, provided that the requirements of Section 10.15.090 have been met; regulated activities shall be reviewed by the procedure provided in Section 10.15.110:
   1. Regulated activities for the purpose of on-site maintenance and repair of existing structures or facilities, limited to:
      1. Dredging for on-site maintenance of:
         1. Drainage tiles.
         2. Drainage ditches.
         3. Tidegates.
         4. Bridge crossing support structures.
         5. Water, sewer, gas, or phone lines.
         6. Electrical distribution lines.
         7. Outfalls.
      2. Fill or rip-rap for on site maintenance of:
         1. Dikes.
         2. Bridge crossing support structures or other land transportation facilities.
   2. Piling installation for:
      1. Water-dependent recreational facilities.
      2. Aquaculture facilities.
      3. Navigational aids.
      4. Bridge crossing support structures or other land transportation facilities.
      5. Bulkheads.
   3. Rip-rap for structural shoreline stabilization and protection of uses allowed by this zone.
   4. Dredging for:
      1. Bridge crossing support structure installation.
      2. Storm water or treated sewage outfall installation.
      3. Water, sewer, gas, or phone line installation.
      4. Electrical distribution line installation.
      5. Mining or mineral extraction.
      6. Tidegate installation in existing functional dikes adjacent to EC1 Zones.
      7. Water intake facilities.
      8. Boat ramps.
      9. Minor navigational improvements.
      10. Water-dependent portions of aquaculture facilities.
   5. Fill for:
      1. Bridge crossing support structures.
      2. Structural shoreline stabilizations.
      3. Boat ramps.
      4. Water-dependent portions of aquaculture facilities.
   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.
   8. Regulated activities in conjunction with temporary alterations.
      

1. Purpose and Areas Included:
   1. The purpose of the EC2 Zone is to:
      1. Provide for long-term use of renewable resources that do not require major alterations of the estuary except for purposes of restoration.
      2. Other than minor navigational improvements, aquaculture facilities and water-dependent recreational facilities, provide for new water-dependent industrial and commercial uses only where dredging and filling are not necessary and where consistent with the resource capabilities of the area and purposes of the management unit.
   2. The EC2 Zone includes the following areas:
      1. Tracts of significant habitat not included in EN or EC1 Zones.
      2. Areas containing existing water-dependent facilities which require periodic dredging to maintain water access.
      3. Partially altered estuarine areas or estuarine areas adjacent to existing water-dependent development and which do not otherwise qualify for EN, Estuary, or ED designations.
      4. Subtidal channel areas which require minor navigational improvements. Navigable areas which are adjacent to urbanized areas, which do not qualify for EN, ECA, or EC1 designation and which are not federally authorized and maintained navigation channels.
2. Uses Permitted with Standards (PS): The following uses are permitted with Standards within the EC2 Zone, provided that the development standards in Section 10.08.090 have been met:
   1. Aquaculture and water-dependent portions of aquaculture facilities not requiring dredging or fill other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks.
   2. Navigational aid.
   3. Vegetative shoreline stabilization.
   4. Structural shoreline stabilization, limited to rip-rap.
   5. Boat dock in conjunction with one or more private residences (Single-purpose private docks shall be limited to a maximum of 150 square feet in size).
   6. Tidegate installation in existing dikes adjacent to EC2 Zones.
   7. Water, sewer, gas, or phone lines.
   8. Electrical distribution lines and line support structures.
   9. Temporary dikes for emergency flood protection.
   10. Active restoration and estuarine enhancement.
   11. Temporary low water bridges.
   12. Water intake facilities for out-bay aquaculture requiring dredge or fill.
   13. Boat ramps for public use where no dredging or fill for navigation access is needed.
   14. Maintenance and repair of existing structures or facilities involving a regulated activity.
   15. Bridge crossing and bridge crossing support structures.
3. Conditional Uses (C): The following uses are Conditional within the EC2 Zone and may be permitted by the Planning Commission, subject to the provisions of Section 10.15 and the development standards in Section 10.10.090:
   1. Water-dependent recreational facilities, including:
      1. Boat ramps which require dredging or fill for navigational access.
      2. Community boat docks in conjunction with a subdivision or planned development.
      3. Public or commercial docks, moorages, and marinas for recreational marine craft (including seaplanes) and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area.
   2. Water-dependent commercial facilities not requiring the use of dredging or fill, including moorages, docks, and marinas for commercial marine craft (including seaplanes) and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area.
   3. Water-dependent portions of aquaculture facilities requiring dredging or fill.
      1. Wharves, piers, and other terminal transfer facilities for passengers or water-borne commerce, such as fish, shellfish, metal, timber, or timber products.
      2. Water intake and discharge structures.
      3. Water access structures of facilities which require access to a water body as part of the manufacturing, assembly, fabrication, or repair of marine craft or marine equipment, due to the size of the craft or equipment.
   4. Water-dependent portions of aquaculture facilities requiring dredging or fill.
   5. Other water-dependent uses not requiring the use of dredging or fill. A use is determined to be water-dependent when it can be carried out only on, in, or adjacent to water, and the location or access is needed for:
      1. Water-borne transportation.
      2. Recreation.
      3. A source of water (such as energy production, cooling of industrial equipment or waste water, or other industrial processes).
   6. Navigational structures, limited to floating breakwater.
   7. Mining or mineral extraction.
   8. Storm water and sewer outfalls.
   9. Bulkheads for structural shoreline stabilization.
   10. Temporary alterations.
   11. Minor navigational improvements.
4. Regulated Activities (RA): The following regulated activities are permitted within the EC2 Zone, provided that the requirements of Section 10.15.070 have been met. Regulated activities shall be reviewed by the procedure provided in Section 10.15.110:
   1. Regulated activities for the purpose of on-site maintenance and repair of existing structures or facilities, limited to:
      1. Dredging for on-site maintenance of:
         1. Drainage tiles.
         2. Drainage ditches.
         3. Tidegates.
         4. Bridge crossing support structures.
         5. Water, sewer, gas, or phone lines.
         6. Electrical distribution lines.
         7. Outfalls.
      2. Fill or rip-rap for on-site maintenance of:
         1. Dikes.
         2. Bridge crossing support structures or other
         3. land transportation facilities.
         4. Shoreline stabilization structures.
   2. Piling installation for:
      1. Water-dependent industrial, commercial, or recreational facilities.
      2. Water-dependent portions of aquaculture facilities or aquaculture operations.
      3. Navigational aids.
      4. Bulkheads.
      5. Bridge crossing support structures.
   3. Dredging for:
      1. Maintenance of existing facilities.
      2. Minor navigational improvements.
      3. Water-dependent recreational activities.
      4. Water-dependent portions of aquaculture facilities.
      5. Mining or mineral extraction.
      6. Bridge crossing support structure installation.
      7. Outfall installation.
      8. Water, sewer, gas, or phone line installation.
      9. Electrical distribution line installation.
      10. Tidegate installation in existing dikes adjacent to EC2 Zones.
      11. Boat ramps.
   4. Rip-rap for structural shoreline stabilization and protection of utility lines allowed by this zone.
   5. Fill for:
      1. Bridge crossing support structures.
      2. Structural shoreline stabilization.
      3. Water-dependent recreational activities.
      4. Water-dependent portions of aquaculture facilities.
      5. Boat ramps.
   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.
   8. Regulated activities in conjunction with temporary alterations.
      

1. Purpose and Areas Included: The purpose of the ECA Zone is to promote the continuing utilization of designated shellfish culture areas, while providing for low intensity, water-dependent recreation, commercial and recreational fishing and crabbing and protecting the significant biological productivity of major tracts of fish and wildlife habitat and areas needed for scientific research or educational purposes.
   1. Areas which are in existing aquaculture use and which are subject to a valid oyster growing lease from the Division of State Lands pursuant to ORS 509 and 510.
   2. Other areas suitable for aquaculture which do not qualify as natural management units.
2. Uses Permitted with Standards (PS): The following uses are permitted with standards within the ECA Zone, provided that the development standards in Section 10.08.090 have been met:
   1. Aquaculture facilities, limited to temporary or easily removable structures (stakes, racks, trays, long-lines, or rafts) for the culture of oysters or other shellfish.
   2. Navigational aids.
3. Conditional Uses (C): The following uses are Conditional within the ECA Zone, and may be permitted by the Planning Commission, subject to the provisions of Section 10.15 and the development standards in Section 10.10.090:
   1. Active restoration and estuarine enhancement.
   2. Structural shoreline stabilization, limited to rip-rap.
   3. Temporary alterations.
4. Regulated Activities (RA): The following Regulated Activities are permitted within the ECA Zone, provided that the requirements of Section 10.15.090 have been met. Regulated activities shall be reviewed by the procedure provided in Section 10.15.110:
   1. Piling installation for:
      1. Anchoring of bottom or in-the-water structures used for aquaculture.
      2. Navigational aids.
   2. Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
   3. Structural shoreline stabilization limited to rip-rap.
   4. Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
   5. Regulated activities in conjunction with temporary alterations.
      

1. Purpose and Areas Included:
   1. The purpose of the Estuary Development Zone is to:
      1. Provide for long-term maintenance, enhancement, expansion, or creation of structures or facilities for navigational and other water-dependent commercial, industrial, or recreational uses.
      2. Provide for the expansion or creation of other commercial, industrial or recreational facilities, subject to the general use priorities outlines in Section 10.08.090.
   2. The ED Zone includes the following areas within Development Estuaries:
      1. Areas which contain public facilities which are utilized for shipping, handling, or storage or water-borne commerce, or for moorage or fueling of marine craft.
      2. Subtidal channel areas adjacent or in proximity to the shoreline which are currently used or needed for shallow draft navigation (including authorized, maintained channels and turning basins).
      3. Areas of minimum biologic significance needed for uses requiring alteration of the estuary not included in EN, ECA, EC1, or EC2 Zones.
2. Uses Permitted with Standards (PS): The following uses are Permitted with Standards within the ED Zone, provided that the development standards in Section 10.08.070 have been met:
   1. Maintenance and repair of existing structures or facilities involving a regulated activity.
   2. Navigational structures and navigational aids.
   3. Vegetative shoreline stabilization.
   4. Structural shoreline stabilization.
   5. Tidegate installation in existing dikes adjacent to ED Zones.
   6. Water, sewer, gas, or phone lines.
   7. Electrical distribution lines and line support structures.
   8. Temporary dikes for emergency flood protection.
   9. Mooring buoys.
   10. Temporary low-water bridges.
   11. Temporary alterations.
   12. Active restoration or estuarine enhancement.
   13. Bridge crossing and bridge crossing support structures.
3. Conditional Uses (C): The following uses are Conditional within the ED Zone, and may be permitted by the Planning Commission subject to the provisions of Section 10.15 and the development standards in Section 10.18.090:
   1. Water-dependent commercial uses, including docks, moorages, marinas for commercial marine craft (including seaplanes).
   2. Water-dependent industrial uses, including:
      1. Piers, wharves, and other terminal and transfer facilities for passengers or water-borne commerce, such as fish, shellfish, metal, timber, or timber products.
   3. Water-dependent public recreational facilities, including:
      1. Boat ramps.
      2. Commercial docks, moorages, and marinas for recreational marine craft (including seaplanes).
   4. Aquaculture and water-dependent portions of aquaculture facilities.
   5. Other water-dependent uses. A use is determined to be water-dependent when it can be carried out only on, in, or adjacent to the water, and the location of access is needed for:
      1. Water-borne transportation.
      2. Recreation.
      3. A source of water (such as energy production, cooling of industrial equipment or wastewater, or other industrial processes).
   6. Water-related industrial uses not requiring the use of fill, including, but not limited to:
      1. Fish or shellfish processing plants.
      2. Warehouse and/or other storage areas for marine equipment or water-borne commerce.
   7. Water-related commercial uses not requiring the use of fill, including, but not limited to:
      1. Fish or shellfish retail or wholesale outlets.
      2. Marine craft or marine equipment sales establishments.
      3. Sport fish cleaning, smoking, or canning establishment.
      4. Charter fishing offices.
      5. Retail trade facilities in which the majority of products are products such as ice, bait, tackle, nautical charts, gasoline, or other products incidental to or used in conjunction with a water-dependent use.
      6. Restaurants which provide waterfront views and which are in conjunction with a water-dependent or water-related use such as a seafood processing plant or charter office.
   8. In-water sorting, storage, and handling of logs in association with water-borne transportation of logs.
   9. Other water-related uses not requiring the use of fill. A use is determined to be water-related when the use:
      1. Provides goods and/or services that are directly associated with water-dependent uses (supplying materials to, or using products of, water-dependent uses).
      2. If not located near the water, would experience a public loss of quality in the goods and services offered. Evaluation of public loss of quality will involve a subjective consideration of economic, social, and environmental consequences of the use.
   10. Accessory uses or structures in conjunction with a conditional use listed in paragraphs A-H above, limited in size to a maximum of 10% of the lot or parcel size.
   11. Mining and mineral extraction.
   12. Storm water and sewer outfalls.
   13. Non-water-dependent and non-water-related uses not requiring the use of fill.
   14. New dike construction if:
       1. Required for a water-dependent use for which a substantial public benefit is demonstrated, the use or alteration does not unreasonably interfere with public trust rights and for which no practicable upland locations exist.
       2. Adverse impacts are avoided or minimized to be consistent with the resource capabilities and purposes of the area.
4. Regulated Activities (RA): The following Regulated Activities are permitted within the ED Zone, provided that the requirements of Section 10.15.070 have been met. Regulated activities shall be reviewed by the procedure provided in Section 10.15.110:
   1. Regulated Activities in association with on-site maintenance and repair of existing structures or facilities.
   2. Dredging for:
      1. Maintenance of existing facilities.
      2. Navigational improvements.
      3. Water-dependent portions of aquaculture operations.
      4. Water-dependent uses.
      5. Mining and mineral extraction.
      6. Bridge crossing support structure installation.
      7. Outfall installation.
      8. Water, sewer, gas, or phone line installation.
      9. Electrical distribution line installation.
      10. Tidegate installation in existing dikes adjacent to ED zones.
   3. Fill for:
      1. Water-dependent uses.
      2. Water-dependent portions of aquaculture facilities.
      3. Navigational structures or navigational improvements.
      4. Structural shoreline stabilization.
      5. Bridge crossing support structures.
      6. New dike construction.
   4. Piling and dolphin installing in conjunction with a Permitted with Standards or Conditional Use within this zone.
   5. Rip-rap for structural shoreline stabilization or protection of utility lines allowed by this zone.
   6. Dredged material disposal in an approved DMD site or in conjunction with an approved fill project, subject to state and federal permit requirements for dredged material disposal.
   7. Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
   8. Flow-lane disposal of dredged material, subject to state and federal permit requirements.
   9. Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
   10. Regulated activities in conjunction with temporary alterations.
       

It is the purpose of this Chapter to regulate the use of those areas subject to periodic flooding, to promote the public health, safety and general welfare to minimize public and private losses due to flood conditions. In advancing these principles and the general purpose of the Bay City Comprehensive Plan and Chapter 10, the specific objectives of this zone are:

1. To promote the general health, welfare and safety of the City;
2. To prevent the establishment of certain structures and land uses in areas unsuitable for human habitation because of the danger of flooding, unsanitary conditions or other hazards;
3. To minimize the need for rescue and relief efforts associated with flooding;
4. To helpmaintaina stable tax base by providing for sound use and development in flood-prone areas and to minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities located in flood hazard areas;
6. Preserve natural and beneficial floodplain functions;
7. To ensure that potential home and business buyers are notified that property is in a flood hazard area;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions, and 
9. To employ a standard of “no net loss” of natural and beneficial floodplain functions..

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to give them the meaning they have in the National Flood Insurance Program to give this Chapter its most reasonable application.

"Appeal." Means a request for a review of the interpretation of any provision of this Chapter or a request for a variance.

"Area of Shallow Flooding." Means a designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

"Area of Special Flood Hazard." The land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year. Also referred to as SFHA.

"Basement." Means any area of the building having its floor subgrade (below ground level) on all sides.

"Base Flood." Means the flood elevation having a one percent chance of being equaled or exceeded in any given year. Designation on maps always includes the letters A or V.

"Below-Grade Crawl Space." Means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed 4 feet at any point.

"Breakaway Walls." Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

"Coastal High Hazard Area." Means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE, or V.

"Critical Facility." Means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, and police, fire, and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

"Development." Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the Area of Special Flood Hazard.

"Elevated Building." Means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

"Fill." Placement of any materials such as soil, gravel, crushed stone, or other materials that change the elevation of the floodplain. The placement of fill is considered “development.”

"Fish Accessible Space." The volumetric space available to fish to access.

"Fish Egress-able Space." The volumetric space available to fish to exit or leave from.

"Flood or Flooding."

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
   1. The overflow of inland or tidal waters.
   2. The unusual and rapid accumulation or runoff of surface waters from any source.
   3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph A.2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
   4. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A.1. of this definition.

"Flood Insurance Rate Map (FIRM)." Means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Map (DFIRM).

"Flood Insurance Study." Means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

"Floodway." Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Flood Openings." Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed with flood openings to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for flood openings must either be certified by a registered professional engineer or architect OR must meet or exceed the following minimum criteria:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

"Green Infrastructure." Use of natural or human-made hydrologic features to manage water and provide environmental and community benefits. Green infrastructure uses management approaches and technologies that use, enhance, and/or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration, and reuse. At a large scale, it is an interconnected network of green space that conserves natural systems and provides assorted benefits to human populations. At a local scale, it manages stormwater by infiltrating it into the ground where it is generated using vegetation or porous surfaces, or by capturing it for later reuse. Green infrastructure practices can be used to achieve no net loss of pervious surface by creating infiltration of stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface. "Habitat Restoration Activities." Activities with the sole purpose of restoring habitats that have only temporary impacts and long-term benefits to habitat. Such projects cannot include ancillary structures such as a storage shed for maintenance equipment, must demonstrate that no rise in the BFE would occur as a result of the project and obtain a CLOMR and LOMR, and have obtained any other required permits (e.g., CWA Section 404 permit).

"Hazard Trees." Standing dead, dying, or diseased trees or ones with a structural defect that makes it likely to fail in whole or in part and that present a potential hazard to a structure or as defined by the community.

"Hydraulically Equivalent Elevation." A location (e.g., a site where no net loss standards are implemented) that is approximately equivalent to another (e.g., the impacted site) relative to the same 100-year water surface elevation contour or base flood elevation. This may be estimated based on a point that is along the same approximate line perpendicular to the direction of flow. Hydrologically Connected: The interconnection of groundwater and surface water such that they constitute one water supply and use of either results in an impact to both. "Impervious Surface." A surface that cannot be penetrated by water and thereby prevents infiltration and increases the amount and rate of surface water runoff, leading to erosion of stream banks, degradation of habitat, and increased sediment loads in streams. Such surfaces can accumulate large amounts of pollutants that are then “flushed” into local water bodies during storms and can also interfere with recharge of groundwater and the base flows to water bodies.

"Low Impact Development." An approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible. It employs principles such as preserving and recreating natural landscape features and minimizing effective imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product. Low Impact Development refers to designing and implementing practices that can be employed at the site level to control stormwater and help replicate the predevelopment hydrology of the site. Low impact development helps achieve no net loss of pervious surface by infiltrating stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface. LID is a subset of green infrastructure.

"Lowest Floor." Means the lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of this Chapter and 44 CFR 60.3.

"Manufactured Dwelling." A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood hazard regulatory purposes, the term “manufactured dwelling” does not include park trailers, recreational vehicles, travel trailers, and other similar vehicles.

"Manufactured Dwelling Park or Subdivision." A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

"Mean Higher-High Water." The average of the higher-high water height of each tidal day observed over the National Tidal Datum Epoch.

"Mean Sea Level (MSL)." Means, for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which the base flood elevations shown on the community’s Flood Insurance Rate Maps are referenced.

"New Construction." For floodplain management purposes, new construction means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

"No Net Loss." A standard where adverse impacts must be avoided or offset through adherence to certain requirements so that there is no net change in the function from the existing condition when a development application is submitted to the state, tribal, or local jurisdiction. The floodplain functions of floodplain storage, water quality, and vegetation must be maintained.

"Offsite." Mitigation occurring outside of the project area.

"Onsite." Mitigation occurring within the project area.

"Ordinary High Water Mark." The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.

"Qualified Professional." Appropriate subject matter expert that is defined by the community.

"Reach." A section of a stream or river along which similar hydrologic conditions exist, such as discharge, depth, area, and slope. It can also be the length of a stream or river (with varying conditions) between major tributaries or two stream gages, or a length of river for which the characteristics are well described by readings at a single stream gage.

"Recreational Vehicle." A recreational vehicle means a vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, or seasonal use.

"Riparian." Of, adjacent to, or living on, the bank of a river, lake, pond, or other water body.

"Riparian Buffer Zone (RBZ)." The outer boundary of the riparian buffer zone is measured from the ordinary high water line of a fresh waterbody (lake; pond; ephemeral, intermittent, or perennial stream) or mean higher-high water line of a marine shoreline or tidally influenced river reach to 170 feet horizontally on each side of the stream or 170 feet inland from the MHHW. The riparian buffer zone includes the area between these outer boundaries on each side of the stream, including the stream channel. Where the RBZ is larger than the special flood hazard area, the no net loss standards shall only apply to the area within the special flood hazard area.

"Riparian Buffer Zone Fringe." The area outside of the RBZ and floodway but still within the SFHA. "Silviculture." The art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands."Special Flood Hazard Area (SFHA)." See “Area of Special Flood Hazard”.

"Start of Construction." Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.

"Structure." Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Substantial Damage." Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial Improvement." Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alterations of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

"Undeveloped Space." The volume of flood capacity and fish-accessible/egress-able habitat from the existing ground to the Base Flood Elevation that is undeveloped. Any form of development including, but not limited to, the addition of fill, structures, concrete structures (vaults or tanks), pilings, levees and dikes, or any other development that reduces flood storage volume and fish accessible/egress-able habitat must achieve no net loss.

"Variance." Means a grant of relief by a community from the terms of a floodplain management regulation.

"Water Dependent." Means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

The flood hazard areas of Bay City preserve the natural and beneficial values served by floodplains but are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

This Chapter shall apply to all Areas of Special Flood Hazards within the City Limits and Urban Growth Boundary of the City of Bay City. All development within special flood hazard areas (SFHA) is subject to the terms of this ordinance and required to comply with its provisions and all other applicable regulations.

The City shall appoint the City Planner as a City Floodplain Administrator to administer and implement this Chapter and to make decisions to approve or deny Floodplain Development Permits in accordance with its provisions. The City Floodplain Administrator shall maintain certification as a Certified Floodplain Manager with the Association of State Floodplain Managers.

The duties of the City Floodplain Administrator shall include, but not be limited to the following:

1. Review all Flood Development Permit applications to determine whether the requirements of this Chapter have been satisfied.
2. Review all Flood Development Permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required
3. Provide to building officials the base flood elevation and freeboard applicable to any building requiring a building permit.
4. Inspect all Flood Elevation Certificates required as a condition of Flood Development Permit approval.
5. Determine whether the proposed development activity complies with the no net loss standards in Section 10.07.343
6. Coordinate with the State and Federal Agencies regarding Community Assistance Visits and any amendments required for compliance with applicable state and federal criteria.
7. Provide notification to FEMA as a Letter of Map Revision (LOMR) within six months of project completion when:
   1. An applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA; or
   2. Development altered a watercourse; or
   3. Development modified a floodplain boundary; or
   4. Development modified Base Flood Elevations.
      

The areas of special flood hazard area identified by the Federal Insurance Administration through a scientific and engineering report entitled “Flood Insurance Study for the City of Bay City” 41057CV001A dated September 28, 2018, with accompanying Flood Insurance Rate Maps and Flood Boundary Maps 41057C0392G, 41057C0394G, and 41057C0413G and any adopted revision thereto are hereby adopted by reference and declared to be part of this Chapter. The Flood Insurance Study and Flood Insurance Rate Maps and any adopted revision thereto are on file at the City Hall of Bay City, Oregon.

The City Floodplain Administrator shall make interpretation where needed, as to the exact location of the boundaries of special flood hazard areas and shall document the findings of support for the decision in the record. Such an interpretation is subject to appeal under the provisions of this Chapter.

Where base flood elevation data is not available either through the Flood Insurance Study, Flood Insurance Rate Map, or from another administrative source, the City Floodplain Administrator shall require, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source. The City Floodplain Administrator shall review Flood Development Permit applications to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

A Floodplain Development Permit shall be obtained before construction or development begins within any Special Flood Hazard Area. A Flood Development Permit is required for any development within the Special Flood Hazard Area as defined in this Chapter including and not limited to fill and other activities, grading, subdivision applications, utility extensions, and the placement of manufactured homes or improvement of structures.

1. Application for a Development Permit: Application for a Floodplain Development Permit shall be made on forms furnished by the City Floodplain Administrator. The application shall include all information necessary to show compliance with the provisions of this Chapter including:
2. Flood Development Permit Application Documentation: The Floodplain Development Permit application documentation shall include all required documentation in electronic format and three originals, signed and printed to measurable scale where applicable including:
   1. A Pre-Construction Flood Elevation Certificate completed by a licensed, Professional Land Surveyor;
   2. Elevation of the site in relation to mean sea level of the lowest floor (including basement) of all structures;
   3. Elevation in relation to mean sea level of floodproofing in any structure;
   4. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria;
   5. Certification by a registered professional engineer that describes the extent to which a watercourse will be altered or relocated as a result of the proposed development.
   6. A site plan showing the nature, location, dimensions, and topographic elevations of the area in question; existing or proposed structures; fill, storage of materials and drainage facilities.
   7. Development Plans that identify the location of all development, Base Flood Elevation, Freeboard, and the Elevation of the Lowest Floor (A Zones) or Lowest Horizontal Member including the longitudinal chassis of a manufactured home (V Zones) whether or not the structure has a basement.
   8. For development proposed to an existing structure, documentation of the real market value determined by the Tax Assessor’s Office and a calculation of the cost of work.
   9. All necessary permits from federal, state, or local governmental agencies from which prior approval is required.
   10. In Coastal High Hazard Areas, V-Zone Certification written, signed and stamped by a licensed Professional Engineer or Architect that documents that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity floodwaters.
3. Flood Development Permit Documentation Required as Conditions of Approval: If the Flood Development Permit is approved, as a condition of approval, the property owner shall provide the following documentation for all new construction and substantial improvements:
   1. Certification of the Lowest Floor completed by a licensed, Professional Land Surveyor;
   2. A Post-Construction Flood Elevation Certificate completed by a licensed, Professional Land Surveyor;
   3. Certification by a registered professional engineer or architect of the extent to which any nonresidential structure meets floodproofing criteria.
4. Maintenance of Records: The City shall maintain in electronic format for public inspection in perpetuity all records pertaining to the provisions of this Chapter, the issuance of a Flood Development Permit, and compliance with conditions of approval including and not limited to lowest floor, elevation and floodproofing certification records.
5. Determine whether the proposed development activity complies with the no net loss standards with documentation of how no net loss standards have been met in Section 10.07.343.

In all areas of special flood hazards, the no net loss standards (see Section 10.07.343) and the following standards are required:

1. Anchoring:
   1. All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure.
   2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
2. Construction Materials and Methods:
   1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
   2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
   3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   4. Electrical, mechanical, and plumbing components are not to be mounted on or penetrate through walls that are designed to break away under flood loads.
   5. Electrical crossover connections shall be a minimum of twelve inches above Base Flood Elevation
   6. All site development shall have adequate drainage to reduce exposure to flood damage.
   7. Building materials and installation used for flooring and interior and exterior walls and wall coverings below the elevation required by the Flood Plain Administrator shall be flood damage resistant materials that conform to FEMA provisions.
3. Utilities:
   1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
   2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and
   3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision Proposals:
   1. All subdivision proposals shall be consistent with the need to minimize flood damage.
   2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
   3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
   4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).
   5. Comply with no net loss standards in section 10.07.343.
5. Critical Facilities: New critical facilities shall be located outside the limits of the Special Flood Hazard Area except where no feasible alternative site is available. Critical facilities constructed within the Special Flood Hazard Area shall have the lowest floor elevated three feet above Base Flood Elevation. Access to and from the critical facility shall be protected to three feet above Base Flood Elevation to the extent possible.
6. Manufactured Dwellings: In addition to complying with other standards specified by this Chapter, all manufactured dwellings placed or substantially improved:
   1. Shall be elevated on a permanent foundation such that the lowest floor of the dwelling is at or above the base flood elevation.
   2. The bottom of the longitudinal chassis frame beam shall be at or above one foot above Base Flood Elevation in V and Coastal A Zones.
   3. The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation in Riverine A Zones
   4. In A and V Zones, electrical crossover connections shall be a minimum of twelve inches above Base Flood Elevation.
   5. The manufactured dwelling chassis shall be anchored foundation system to resist flotation, collapse, and lateral movement. Anchoring methods may include, but are not limited to, use of over-the top or frame ties to ground anchors (Reference FEMA’s Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
   6. Where the manufactured dwelling is to be placed in the A1-A30, A, and AE Zones and supported on solid foundation walls, flood openings shall be provided.
   7. Manufactured dwellings to be placed or substantially improved within Zones V1-V30, V, VE or Coastal A Zones designated on the community’s FIRM shall comply with the standards for the Coastal High Hazard Area.
7. Recreational Vehicles: Recreational vehicles placed on sites within the Area of Special Flood Hazard are required to:
   1. Be on site for fewer than 180 consecutive days;
   2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions;
      
      Or
   3. Shall meet all permit elevation, and anchoring requirements for manufactured dwellings including residential standards for the A Zones and the Coastal High Hazard Area.
8. Determination and documentation of how no net loss standards have been met and whether the proposed development activity complies with these no net loss standards in Section 10.07.343.
   

In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) the no net loss standards (see Section 10.07.343) and the following provisions are required :

1. Residential Construction:
   1. New construction and substantial improvement of a residential structure shall have the lowest floor, including basement, elevated to one foot above the base flood elevation.
   2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed with flood openings, as defined in this Chapter, to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for flood openings must either be certified by a registered professional engineer or architect must meet or exceed the following minimum criteria.
2. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement elevated to one foot above base flood elevation, or, together with attendant utility and sanitary facilities, shall:
   1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
   2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
   3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this paragraph based on their development and / or review of the structural design, specification and plans.
   4. Nonresidential structures that are elevated, not floodproofed, must meet the residential construction standards for space below the lowest floor.
   5. Applicants choosing to floodproof non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level. For example, a building floodproofed to the base flood level will be rated as one foot below the required elevation.
      

In Coastal High Hazard Areas, as defined in this ordinance, have special flood hazards associated with high velocity waters from tidal surges, and therefore, these areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this Chapter, and the State of Oregon Specialty Codes, the following provisions shall also apply:

1. All new construction and substantial improvements shall be elevated on pilings and columns so that:
   1. The bottom of the lowest horizontal structural member of the lowest floor, with the exception of piling, pile caps, columns, grade beams and bracing, is elevated one foot or more above the base flood elevation; and
   2. The pile or column foundation and structure attached thereto is anchored to resist floatation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year 100-year mean recurrence interval).
   3. In coastal flood zones (V Zones or coastal A Zones) when elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported on foundations that conform to the requirements of the State of Oregon Specialty Code.
2. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Wind loading values shall be those required by applicable State or local building codes.
3. Development documentation shall identify the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) in relation to mean sea level of all new and substantially improved structures whether or not such structures contain a basement. The City shall maintain a record of all such information.
4. All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and not more than twenty (20 pounds per square foot.
5. Breakaway walls may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
   1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
   2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of building equaled or exceeded in any given year.
   3. Wind loading values shall be those required by applicable State or local building standards.
   4. Walls intended to break away under flood loads shall have flood openings as defined.
   5. Equipment shall not be mounted on or penetrate through breakaway walls.
6. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.
7. All manufactured homes to be placed or substantially improved Coastal High Hazard Area as defined in this Chapter shall meet the General Standards for placement of Manufactured Dwellings.
8. Recreational Vehicles placed on sites in the Coastal High Hazard Area as defined in this Chapter shall meet the General Standards for the placement of Recreational Vehicles.
9. All new construction shall be located landward of the reach of mean high tide.
10. The use of fill for structural support of buildings is prohibited.
11. The City prohibits man-made alteration of sand dunes which would increase potential flood damage.
12. Basement floors that are below grade on all sides are prohibited.
13. The proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement.

Prior to the alteration or relocation of a watercourse, the City Floodplain Administrator shall:

1. Notify adjacent communities and the State Coordinating Officer, currently the Oregon Department of Land Conservation and Development, and submit evidence of such notification to the Federal Insurance Administration.
2. Require that a professional engineer provide signed, stamped written certification that the altered or relocated portion of said watercourse flood carrying capacity is not diminished.
3. Require that a professional engineer provide a signed, stamped, written maintenance plan for the altered or relocated watercourse and a bond or similar assurance that authorizes the City to undertake the cost of the maintenance if the property owner fails to do so in a timely manner.
   

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.

In the interpretation and application of this Chapter, all provisions shall be considered as minimum requirement, liberally construed in favor of the City of Bay City, Oregon and deemed neither to limit nor repeal any provisions of other City of Bay City Code or Ordinances.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply land outside the areas of special flood hazards or uses permitted within in such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Bay City or by an officer or employee thereof, or the Federal Insurance and Mitigation Administration for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

1. Restrictions: Restrictions regarding heights, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking spaces shall be the same as set forth in each specific zone located within the Area of Special Flood Hazard.
2. Prohibited Uses: It shall be unlawful to erect, alter, maintain or establish in a special flood hazard area any building, use or occupancy not permitted or allowed in the foregoing provisions, except as nonconforming uses.
   

1. Variances may be issued by the City in accordance with Section 60.6(b) of the Federal Regulations governing flood insurance (Title 44 CFR) and any amendment thereto, together with this Chapter.
   1. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.
   2. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
2. Variance Procedures: Procedures for the granting of variances by the City are as follows:
   1. Variances may be issued for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. While the granting of variances is generally limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the required technical justification for issuing a variance increase.
   2. Variance procedures are governed by Chapter 10.
   3. Variances shall only be issued by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use where the City adopts findings that support:
      1. All criteria in the Variance section of Chapter 10;
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard;
      5. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
   4. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
   5. The City shall provide written notice to property owners as required under Chapter 10.
   6. The City shall notify the applicant in writing that:
      1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and
      2. Such construction below the base flood level increases risks to life and property.
   7. The Planning Commission shall review the applicant’s burden of proof and shall approve or disapprove a request in accordance with Chapter 10.
   8. The City shall:
      1. Maintain a record of all variance actions including justification for their issuance; and
      2. Report such variances issued in its annual or biennial report submitted to the State Coordinating Officer and the Federal Insurance Administrator.
3. The Federal Insurance Administrator may review the City’s findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound flood plain management, the Federal Insurance Administrator may take appropriate action.
4. Variances shall not be issued unless it is demonstrated that the development will not result in net loss of the following proxies for the three floodplain functions in the SFHA: undeveloped space; pervious surface; or trees 6 inches dbh or greater (see Section 10.07.343).
5. Authorization of a variance shall be void after six months unless the new construction, substantial improvement or approved activity has taken place. However, the Planning Commission may authorize a six-month extension in conformance with Chapter 10.
   

1. An appeal of a City Floodplain Manager ruling or interpretation of a requirement of this Chapter may be made to the Planning Commission pursuant to the procedures in Chapter 10.
2. An appeal of a Planning Commission decision shall be made to the City Council pursuant to the procedures in Chapter 10.
3. The administrative procedures for public hearings and appeals shall be pursuant to the procedures in Chapter 10.
4. The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
   

Any intentional or knowing violation of this Chapter may be punished as a Class “C” misdemeanor. A violation of this Chapter shall be considered a separate offense for each day the violation continues. Further, all other remedies are available to the City, including abatement proceedings and all penalties available under Chapter 10 of this code.

1. Evidence shall be provided by the applicant and findings made by the City that aquaculture facilities do not prevent access to navigational channels and that obstruction of access to publicly owned lands and recreation use areas is minimized.
2. Aquaculture facilities should be designed to minimize their visual impact (view obstruction). Whenever feasible, submerged structures are preferred over floating structures.
3. The design and construction of an aquaculture facility should consider reclamation and re-use of waste water.
4. Water diversion structures or man-made spawning channels shall be constructed so as to maintain required stream flows for aquatic life in adjacent streams and avoid significant reduction or acceleration of average water flow in an associated marsh. Water Quality policies shall apply.
5. Shellfish culture facilities shall either be located more than 2,000 feet away from sanitary sewer outfalls so that there will be no potential health hazard or shall make provisions for purification of water used in the aquaculture operation.
6. Water discharge from an aquaculture facility shall meet all federal and state water quality standards and any conditions attached to a waste discharge permit. Water Quality policies shall apply.
7. All state and federal laws governing environmental quality, resource protection, public health and safety, and engineering standards shall be met in the design, siting, construction and operation of aquaculture facilities. This determination shall be made by the Oregon Department of Fish and Wildlife or other state or federal agencies with regulatory authority over aquaculture facilities.
8. Aquaculture facilities in Estuary Conservation (EC) Zones and Estuary Natural (EN) Zones shall be permitted only if evidence can be provided by the applicant and findings made by the City that:
   1. Aquaculture facilities in Estuary Development (ED) Zones will not preclude the provision or maintenance of navigation or other needs for commercial and industrial water-dependent uses and will not pre-empt the use of shorelands especially suited for water-dependent development.
   2. Aquaculture facilities in Estuary Natural (EN) Zones will be consistent with the resource capabilities and purpose of the management unit(s) in which they are to be located. The Oregon Department of Agriculture shall provide these findings for oyster culture and the Oregon Department of Fish and Wildlife shall provide them for other types of aquaculture in instances when Bay City finds that it does not have the technical expertise or resources to make them.
   3. Aquaculture facilities in Estuary Conservation (EC) Zones will require a resource capability determination where dredging, fill, or other alterations of the estuary are needed, other than incidental dredging for harvest of benthic species or removal of in-water structure.
   4. Aquaculture facilities in Estuary Natural (EN) Zones will not require dredging or fill other than incidental dredging for harvest of benthic species or removal of in-water structures.
9. Leasing of publicly-owned estuarine waters, intertidal areas or tidal wetlands for aquaculture shall be subject to the requirements of the Division of State Lands.
10. Dredge, fill, shoreline stabilization, piling/dolphin installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these activities.

1. Diking policy requirements in the Bay City Comprehensive Plan shall be met.
2. Proposals for new dike construction or dike maintenance or repair shall be accompanied by a brief statement from the local Soil and Water Conservation Service or a certified engineer stating that:
   1. The project is in conformance with good engineering practices and any applicable rules and regulations set forth by the Oregon Department of State Lands and the U.S. Army Corps of Engineers.
   2. Provides for suitable erosion protection for the dike face.
   3. Will produce no appreciable flood and erosion potential upstream or downstream of the proposed project.
3. When temporary dikes are constructed in intertidal areas or tidal wetlands, notice must be given to the Oregon Department of State Lands within 24 hours following the start of such activity and their approval for continuation of the project must be obtained (ORS 196.810). Intertidal areas and tidal wetlands shall be restored by the sponsor of the dike to pre-dike conditions after the removal of temporary dikes.
4. Fill, shoreline stabilization, or other activities in conjunction with new dikes involving fill in intertidal areas and tidal wetlands is subject to the requirements of the State Fill and Removal Law (ORS 196.800 – 196.860) and the Clean Water Act of 1977 (P.L. 95-217) (applies to fill only).

1. Docks and Moorages policy requirements in the Bay City Comprehensive Plan shall be met.
2. When new construction or expansion of docks and moorages is proposed, evidence shall be provided by the applicant and findings made by the City that:
   1. The size of the facility is the minimum necessary to accommodate the number and size of boats using the facility. Maximum size limit for single purpose private dock (excluding walkways) shall be 150 square feet.
   2. Alternatives such as dryland storage, launching ramps, or mooring buoys are impractical.
3. To ensure that consideration is given to the beneficial, economic, and social impacts of moorages on local communities, proposals for new or expanded moorages should include statements on the impacts to local communities derived from increases in employment or increases in commercial or recreational activity.
4. Open pile piers or secured floats shall be used for dock construction. Piers and floats shall extend no further out into the water than is needed to provide navigational access.
5. Floating docks shall be designed so that they do not rest on the bottom at low water.
6. Single purpose docks shall be permitted if evidence is provided by the applicant and findings made by the City that cooperative use facilities (marinas or community docks or mooring buoys) are unavailable, impractical or will not satisfy the need.
7. Covered or enclosed moorages shall be limited to 10% (in number) of the total moorage spaces of a given moorage.
8. To avoid contamination of estuarine water, intertidal areas or tidal wetlands, public docks and moorages should provide enclosed facilities on shorelands for public dumping of oil and emptying of holding tanks.
9. When docks and moorages are proposed in Estuary Conservation 1 or Estuary Conservation 2 Zones, evidence shall be presented by the applicant and findings made by the City that the proposed dock or moorage is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not constitute a major alteration to the estuary. In assessing the resource capabilities of an area, consideration shall be given to the size or intensity of the proposed facility and its location with respect to adjacent resources.
10. Moorages with a capacity greater than 25 boats shall be subject to Port Facility and Marina standards.
11. Dredging, fill, poling/dolphin installation, shore-land stabilization, or other activities in conjunction with the construction of docks and moorages shall be subject to the respective standards for these activities.

1. Dredged material disposal shall occur only in approved dredge material disposal sites or for fill of development sites which have received appropriate local, state and federal permits. All Dredged Material Disposal policy requirements and fill standards shall apply.
2. State and federal water quality standards shall be met during all phases of dredged material disposal. Water Quality policies shall apply.
3. The timing of dredged material disposal shall be coordinated with state and federal resource agencies to ensure adequate protection of wildlife habitat, bird nesting areas, fish runs and fish spawning activity and to minimize interference with fishing activities.
4. Ocean disposal of dredged material shall be permitted only in an ocean disposal site approved by the U.S. Army Corps of Engineers and the Environmental Protection Agency.
5. With regard to in-water disposal in the river estuary and ocean:
   1. Consideration shall be given to the need for the proposed disposal and the availability and desirability of alternate sites and methods of disposal that might be less damaging to the environment.
   2. The physical and chemical characteristics of the dredged material should be compared with those of the disposal site, and consideration should be given to matching the dredged material to the capabilities of the site.
   3. In-water disposal requires either an EPA/DEQ water quality certification or a short-term exemption. Polluted materials that cannot meet EPA/DEQ requirements for ocean disposal shall be disposed of on non-aquatic sites designed to properly settle out all pollutants prior to discharge back into the aquatic system. Dredged material disposal shall not be permitted in the vicinity of a public water supply intake.
   4. Flow-lane disposal of dredged material shall be monitored to assure that estuarine sedimentation is consistent with the resource capabilities and purposes of affected natural and conservation management units.
6. Ocean disposal of dredged material shall be conducted to assure that U.S. Army Corps of Engineers and Environmental Protection Agency standards are met, and that:
   1. The amount of material deposited at a site will not seriously impact local ocean resources.
   2. Interference with sport and commercial fishing is minimized.
   3. Disposal is confined to the authorized disposal site.
   4. The sediment transport of the materials after disposal will not return to the bar or to the estuary. This determination shall be made by the U.S. Army Corps of Engineers and the Environmental Protection Agency during their review of permit applications for ocean disposal of dredged material.
7. Land disposal of dredged materials shall be conducted to ensure that the integrity of estuarine waters, streams, underground springs, and waterways is maintained. To ensure this:
   1. U.S. Army Corps of Engineers guidelines for design of containment areas at dredged material disposal sites shall be followed. The U.S. Army Corps of Engineers shall be responsible for determining that these guidelines have been met.
   2. All surface water runoff from disposed dredged materials shall be controlled and shall enter the water way or estuary directly as practicable to the main channel or deep water for dilution.
   3. When necessary, dikes shall be constructed around land dredged material sites.
   4. Dredged material disposal settling ponds shall be designed to encourage proper settling of suspended solids. Secondary dredged material disposal settling ponds may be necessary to ensure the proper treatment of overflow waters, particularly in areas used for disposal of spoils containing toxic materials.
   5. Runoff from disposed dredged materials must pass over an appropriately designed and operated weir. Weir design and size shall be dependent upon the size of the disposal site and the physical and chemical characteristics of the dredged material.
8. The final height and slope after each use of land dredged material site shall be such that:
   1. The site does not enlarge itself by sloughing and erosion at the expense of adjacent aquatic areas.
   2. Loss of material from the site during storms and freshets is minimized.
   3. Interference with the view from nearby residences, scenic viewpoints, and parks is avoided.
9. Revegetation of land disposal sites shall occur as soon as is practicable in order to retard water or wind induced erosion and to restore agricultural or wildlife habitat value to the site. Native species or non-native species approved by the Soil Conservation Service shall be used.
10. Disposal of dredged material should occur on the smallest practicable land area consistent with the use of the property and the characteristics of the dredged material. Clearing of the land should occur in stages on an as-needed basis. Re-use of existing disposal sites is preferred over creation of new sites in order to minimize the total land area covered by dredged material.
11. Before dredged materials are disposed of on land areas for use as fill in approved fill projects, a determination shall be made that the structural characteristics of the material are suitable for this use.
12. The use of agricultural lands for dredged material disposal shall occur only when the sponsor of the dredging project can demonstrate that the soils can be restored to agricultural productivity after disposal use is completed.
13. Dredging project proposals shall provide at least a 5-year program for disposal of dredged material, consistent with the standards listed above. Disposal programs shall provide a mechanism for establishing stockpile sites of fill material suitable for use in approved fill projects.

1. The following standards shall apply to any dredging project that also requires a state or federal removal/fill permit.
2. When dredging in estuarine waters, intertidal areas or tidal wetlands is proposed, evidence shall be provided by the applicant and findings made to the City that:
   1. The dredging is necessary for navigation or other water-dependent uses that require an estuarine location or is specifically allowed by the management unit or zone.
   2. A need (i.e. a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights.
   3. If no feasible alternative upland locations exist.
   4. If adverse impacts are minimized.
3. Dredging projects shall meet all requirements of the State Fill and Removal Law (ORS 196.800), Section 10 of the Rivers and Harbors Act of 1899, and other applicable state and federal laws. These requirements shall be enforced by state and federal agencies with regulatory authority over dredging projects.
4. Existing water quality, quantity, and rate of flow shall be maintained or improved. Minimum stream flow requirements shall be maintained. Water Quality policies shall apply.
5. Flushing capacity of estuaries shall be maintained. A hydrologic report from a professional registered hydrologist or engineer may be required by the Planning Commission to ensure that this standard has been met.
6. Dredging shall be timed in order to minimize the effects of sedimentation and turbidity and to minimize impacts on fish, shellfish, and recreational and commercial fishery activities. The work periods specified in the Oregon Department of Fish and Wildlife shall be followed unless approval of alternative work periods has been obtained from ODFW.
7. Evidence shall be provided by the applicant and findings made by the City that projects requiring dredging are sited and designed so that initial and maintenance dredging are minimized.
8. Dredging proposals shall provide at least a 5-year program for disposal of dredged materials. Programs for disposal of dredged material shall be consistent with Dredged Material Disposal standards.
9. Dredging proposals requiring mitigation shall include a mitigation plan consistent with Mitigation standards.
10. New dredging projects shall not be allowed in areas where insufficient data is available to assess the relative biological value. Under these circumstances, the applicant may arrange to provide the necessary information with the technical assistance of state and federal resource agencies.
11. When dredging for the purpose of on-site maintenance of existing facilities is proposed, evidence shall be presented by the applicant and findings made by the City that:
    1. The dredging is necessary to maintain proper operation of the facility.
    2. The amount of dredging proposed is confined to the geographic area of the existing facility and is the minimum amount necessary to fulfill the need.
12. Excavation to create new water surface area shall be subject to the standards listed above and to the following standards:
    1. Provisions shall be made for the stabilization of new banklines prior to the connection of the new water body to existing water bodies. Excavation of as much as is practical of the new water body shall be completed before it is connected to existing water bodies.
    2. Toxic substances or other pollutants shall not leak into the water as a result of the excavation.
    3. Erosion of adjacent shoreline areas and excessive sedimentation and turbidity in adjacent aquatic areas shall be avoided.
    4. Excavation shall occur at a time that will minimize its impact on aquatic life.
    5. Excavated materials shall not be disposed of in estuarine water, intertidal areas, or tidal wetlands, except as part of an approved fill project subject to Fill standards.
13. Dredging for the purpose of bankline or stream alteration (i.e. realignment of a stream bank or the entire stream either within or without its normal high water boundaries) shall be subject to the standards listed above and to the following standards:
    1. Alignments should make maximum use of natural or existing deep water channels provided that pockets of stagnant water are not created.
    2. Erosion of adjacent shoreland areas and excessive sedimentation and turbidity in adjacent aquatic areas shall be avoided.
    3. Temporary stabilization (mulching or sodding), sediment basins or other performance equivalent structures may be required at the discretion of the Planning Commission.
    4. Provision shall be made for stabilization of new banklines. Shoreline Stabilization standards shall apply.
    5. Adverse impacts on fish spawning, feeding, migration, and transit routes and wildlife habitat shall be evaluated and minimized.
14. An impact assessment shall be conducted during local, state, and federal review of permit applications for dredging in estuarine water, intertidal areas, or tidal wetlands. The impact assessment shall follow the procedures outlined in Section 10.11.150. Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.

1. When new energy facilities are proposed within estuarine waters, intertidal areas or tidal wetlands, evidence shall be provided by the applicant and findings made by the City that:
   1. A public need (i.e., a substantial public benefit) exists and the use or alteration does not unreasonably interfere with public trust rights.
   2. Alternative non-aquatic locations are unavailable or impractical.
   3. Dredging, fill, and other adverse impacts are avoided or minimized.
2. Electrical or communication transmission lines shall be located underground or along existing rights-of-way unless economically unfeasible.
3. Above-ground utilities shall be located to have the least adverse effect on visual and other aesthetic characteristics of the area. Interference with public use and public access to the estuary shall be minimized.
4. Whenever practical, new utility lines and crossings within estuarine waters, intertidal areas, or tidal wetlands shall follow the same corridors as existing lines and crossings.
5. Water discharge into estuarine waters, intertidal areas, and tidal wetlands from an energy facility or utility shall meet EPA and DEQ standards and shall not produce increases in temperature in the receiving waters which would have adverse impacts on aquatic life. Water Quality policies shall apply.
6. When new energy facilities and utilities are proposed in EN Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the preservation of areas needed for scientific, research or educational needs.
7. When storm water and sewer outfalls are proposed in ECA, EC2 and EC1 Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the use will not preclude the provision or maintenance of navigation and other public, commercial, and industrial water-dependent uses.
8. When new energy facilities and utilities are proposed in Estuary Development (ED) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed facility will not preclude the provisions of maintenance of navigation and other public, commercial, and industrial water-dependent uses.
9. Storm water and sewer outfalls shall go out to channels or areas where flushing will be adequate and shall not empty onto tideflats or intertidal wetlands. Effluent from outfalls must meet DEQ and EPA water quality standards. Water Quality policies shall apply.
10. Dredge, fill, shoreline stabilization or other activities in conjunction with construction of energy facilities or utilities shall be subject to the respective standards for these activities.
11. Energy facilities and utilities shall be sited so that they do not and will not require structural shoreline stabilization methods.

1. The following standards shall apply to any dredging project that also requires a state or federal removal/fill permit.
2. When fill in estuarine water, intertidal areas, or tidal wetlands is proposed, evidence shall be provided by the applicant and findings made by the City that:
   1. The fill is necessary for navigation or other water-dependent uses that require an estuarine location or is specifically allowed by the management unit or zone.
   2. A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights.
   3. No feasible alternative upland locations exist.
   4. Adverse impacts are minimized.
3. When fill for the purpose of on-site maintenance of existing facilities is proposed, evidence shall be provided by the applicant and findings made by the City that:
   1. There are no alternatives to fill to maintain proper operation of the facility.
   2. The amount of fill proposed is confined to the geographic area of the existing facility and is the minimum amount necessary to fulfill the need.
4. Where existing public access is reduced, suitable access as part of the development project shall be provided.
5. The fill shall be placed at a time that will minimize sedimentation and turbidity. The work periods specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources (ODFW, 2023) shall be followed unless approval of alternative work periods has been obtained from the ODFW.
6. Only non-polluted materials may be used for fill. Materials which would create water quality problems are not permitted.
7. The perimeters of the fill shall be provided with erosion prevention measures consistent with Shore-line Stabilization standards.
8. Fills shall be placed so that adjacent or nearby property is not adversely impacted by increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer or hydrologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.11.150.
9. Fill proposals requiring mitigation shall include a mitigation plan consistent with Mitigation standards.
10. Fill in estuarine water, intertidal areas, and tidal wetlands shall be subject to the requirements of the State Fill and Removal Law (ORS 196.800-196.860), the Rivers and Harbors Act of 1899, the Clean Water Act of 1977 (PL 95-217), and other applicable state and federal laws. These requirements shall be enforced by state and federal agencies with regulatory authority over fill projects.
11. An impact assessment shall be conducted during the local review of permit applications for fill in estuarine waters, intertidal areas or tidal wetlands, according to the provision outlined in Section 10.11.150. Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.

1. Lot storage, sorting, and processing areas in shorelands adjacent to estuaries or waterways shall be designed, constructed, and operated to control leachates and prevent the loss of bark, chips, sawdust, and other wood debris into public waters.
2. In-water log handling, sorting, and storage areas, and log storage, sorting, and processing areas in shorelands adjacent to estuaries or other water bodies shall be subject to the requirements of the water quality program administered by the Department of Environmental Quality under the Clean Water Act of 1977 (PL 92-500). DEQ, in conjunction with other affected resource agencies, shall be responsible for determining that the flushing characteristics of in-water log handling, sorting, and storage areas, the number of logs and duration of storage, and the bark and debris controls for both in-water and shoreland sites are such that state and federal clean water standards are met.
3. Leasing of publicly owned aquatic areas for the purpose of in-water log handling, sorting, and storage shall be subject to the requirements of the Department of State Lands.
4. When new in-water log handling, sorting, and storage areas are proposed in estuarine waters, evidence must be presented by the applicant and findings made by the City that:
   1. The proposed use is an integral part of the process of water-borne transportation of logs (i.e., is water-dependent).
   2. There is a public need (i.e. a substantial public benefit) for the proposed use and the use or alteration does not unreasonably interfere with public trust rights.
   3. Alternative non-aquatic locations are unavailable, impracticable, or do not meet the need.
   4. Conflicts with navigation, aquaculture, and commercial and recreational fishing have been avoided or minimized.
   5. East leg-down facilities for transfer of logs from land to water have been provided for (free fall log dumps shall not be permitted).
   6. Sites are located to avoid shellfish beds, shallow spawning areas, or areas where grounding of logs will occur.

1. Evidence shall be provided by the applicant and findings made by the City that:
   1. The amount of estuarine surface area occupied is the minimum required to meet the need.
   2. Provision has been made for public access, viewpoints, and recreational use, consistent with safety and security considerations.
   3. Multipurpose and cooperative use of piers, wharves, parking areas, or handling and storage facilities have been provided for or are impracticable.
   4. Floating structures are designed so as not to rest on the bottom at low water and are protected against currents and waves.
   5. Alteration of productive intertidal areas and tidal marshes has been avoided or minimized.
   6. Adverse impacts on the following have been avoided or minimized to be consistent with the resource capabilities and purposes of the area:
      1. Water quality.
      2. Hydrographic characteristics. Aquatic life and habitat.
      3. Aquatic Life and habitat.
      4. Bird and wildlife habitat.
      5. Fish transit and migration routes.
2. Removal of riparian vegetation shall be permitted only if direct access to water is required in conjunction with a water-dependent use. Replacement of riparian vegetation shall be required where consistent with water-dependent use to enhance attractiveness or assist in bank stabilization.
3. Visual access to the water shall not be impaired by the placement of signs. When feasible, signs shall be constructed on or against existing buildings to minimize visual obstruction of the shoreline and water bodies. Off-premise outdoor advertising signs shall not be allowed within estuarine waters, intertidal areas, or tidal wetlands.
4. The design and construction of new industrial and commercial facilities should consider reclamation and re-use of wastewater.
5. Provision for the prevention and control of contaminants from entering the water shall be made. A contingency plan to provide for containment of cleanup of spills of contaminants shall be provided.
6. Industrial outfalls, sewer outfalls, and storm water outfalls shall go out to channels or areas where flushing will be adequate and shall not empty onto tideflats or salt marshes. Effluent from outfalls must meet DEQ and EPA water quality standards. Water Quality policies shall apply.
7. When water-dependent industrial and commercial uses are proposed in Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicants and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
8. When water-related or non-dependent, non-related industrial or commercial uses are proposed in Estuary Development (ED) Zones, evidence must be presented that:
   1. The use will not preclude the provision or maintenance of navigation and other needed public, commercial and industrial water-dependent uses.
   2. The use will not pre-empt the use of shorelands especially suited for water-dependent development.
   3. Non-water dependent and non-water related uses which permanently alter estuarine resources and values shall include evidence of the public benefits derived from the project which shall include the beneficial economic impacts generated by increases in employment and/or indirect economic impacts generated by increases in commercial, industrial, or recreational activity within the area.
9. All state and federal laws governing the use, handling, storage, treatment, and disposal of toxic materials, petroleum, wastewater and organic wastes, and other state and federal laws governing environmental quality, resource protection, or public health and safety shall be met. This determination shall be made by appropriate state or federal agencies with regulatory authority.
10. Dredging, fill, piling/dolphin installation, shoreline stabilization, disposal of dredged material or other activities in conjunction with industrial and commercial uses shall be subject to the respective standards for these activities.

1. Proposals for new county or state highways or railroads shall provide an evaluation of the proposed project on the following:
   1. Land use patterns.
   2. Energy use.
   3. Air and water quality.
   4. Estuarine habitat, functions, and processes.
   5. Existing transportation facilities.
   6. Physical and visual access to estuaries and shorelands.
2. Evidence shall be provided by the applicant and findings made by the City that the siting, design, construction and maintenance of land transportation facilities will be conducted to avoid mass soil wasting or excessive surface erosion.
3. Land transportation facility proposals shall include a rehabilitation plan specifying the method and timing of necessary site rehabilitation. Site rehabilitation plans shall provide for replacement of riparian vegetation.
4. Vegetated buffer strips shall be maintained, whenever practicable, along roadways to manage storm drainage runoff.
5. When culverts are used in association with bridge crossings, spring line natural bottom culverts are preferred over box culverts.
6. All bridge crossings and culverts shall be positioned and maintained to allow fish passage, avoid interference with anadromous fish runs, and to prevent any constriction of natural streams which would result in increases in flood or erosion potential. When culverts are used, no fill shall be allowed in streams, rivers, or estuaries.
7. When new bridge crossing support structures are proposed in Estuary Conservation 2 (EC2), Estuary Conservation 1 (EC1) and Estuary Natural (EN) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities and purposes of the area.
8. When new land transportation facilities are proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the proposed use will not preclude the provision or maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
9. Dredging, fill, piling/dolphin installation, shoreline stabilization, dredged material disposal, or other activities in conjunction with land transportation facilities shall be subject to the respective standards for these activities.

1. Mining and Mineral Extraction policy requirements in the Bay City Comprehensive Plan shall be met.
2. Mining and mineral extraction proposals shall include a mining plan and a rehabilitation plan specifying the method and timing of necessary site rehabilitation. Any necessary rehabilitation of mining and/or mineral extraction sites shall be completed within two years of the completion of the mining or mineral extraction operation.
3. Evidence shall be provided by the applicant and findings made by the City that mining and mineral extraction projects are sited, designed, operated, and maintained to ensure that adverse impacts on the following are minimized:
   1. Aquatic life and habitat, including but not limited to the spawning, rearing, and passage requirements of anadromous fish.
   2. Bird and wildlife habitat.
   3. Hydrographic characteristics, including but not limited to the alteration of local currents that may affect adjacent properties by causing erosion, accretion or increased flooding.
   4. Water Quality policies shall apply.
4. Temporary removal of riparian vegetation shall be permitted in cases where direct water access is required as part of a mining or mineral extraction operation. Site rehabilitation plans shall provide for replacement of riparian vegetation.
5. Spoils and stockpiles shall not be placed within estuarine water, intertidal areas, or tidal wetlands, unless as part of an approved fill project subject to Fill standards.
6. When mining and mineral extraction projects are proposed in Estuary Conservation 1 (EC1) and Estuary Conservation 2(EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed project is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
7. When mining and mineral extraction projects are proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
8. Dredging, fill, or other activities in conjunction with mining and mineral extraction shall be subject to the respective standards for these activities.
9. The location and operation of mining and mineral extraction projects shall be in conformance with the requirements of the Department of State Lands (ORS 196.800-196.860; ORS 273.551; ORS 273.775 – 273.780), the Department of Geology and Mineral Industries (ORS 520.005 – 520.095) and other applicable state and federal laws governing environmental quality, resource protection and public health and safety. These requirements shall be enforced by state and federal agencies with regulatory authority over mining and mineral extraction projects.

1. Mitigation for dredge or fill within intertidal areas or tidal marshes shall be required by the Oregon Department of State Lands (under the provisions of ORS 196.800-196.860). The suitability of a mitigation proposal for a given proposed project shall be determined by the director of the Department of State Lands according to the procedure established in Oregon Administrative Rule (Chapter 141-div 85).
2. Mitigation projects shall go into effect prior to or at the same time as the development project.

1. When navigational structures are proposed, evidence shall be provided by the applicant and finding made by the City that:
   1. The amount of estuarine surface area occupied is the minimum necessary to accomplish the proposed use.
   2. The project will not interfere with the normal public use of fishery, recreation, or water resources.
   3. The proposed project will not adversely impact adjacent or nearby property through increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns (an affidavit from a professional registered engineer or hydrologist may be required).
   4. Non-structural solutions are unavailable, impractical, or do not meet the need.
2. When floating breakwaters are proposed in Estuary Conservation 1 (EC1) and Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
3. Navigational structures shall meet all applicable U.S. Army Corps of Engineers engineering standards. The U.S. Army Corps of Engineers shall be responsible for determining that these engineering standards have been met.
4. An impact assessment shall be conducted during local review of permit applications for navigational structures. The impact assessment shall follow the procedures outlined in Section 10.11.150. Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purpose of the area.
5. Dredging, fill, or other activities in conjunction with navigational structures and navigational aids shall be subject to the respective standards for these activities.

1. When piling or dolphin installation is proposed, evidence shall be provided by the applicant and findings made by the City that:
   1. The amount of estuarine surface area occupied is the minimum necessary to accomplish the proposed use.
   2. The project will not unduly interfere with the normal public use of fishery, recreational, or water resources.
   3. The proposed project will not adversely impact adjacent or nearby property through increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer or hydrologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.11.150.
2. When new piling or dolphin installation is proposed in Estuary Natural (EN), Estuary Conservation 2 (EC2) or Estuary Conservation 1 (EC1) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities and purposes of the area.
3. When proposals for new piling or dolphin installation in conjunction with a non-water-dependent or non-water-related use within Estuary Development (ED) Zones are made, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
4. Piling/dolphin replacement and new installation shall meet all applicable U.S. Army Corps of Engineers engineering standards and permit requirements. The U.S. Army Corps of Engineers shall be responsible for determining that these engineering standards and permit requirements have been met.
5. An impact assessment shall be conducted during local, state, and federal review of permit applications for piling/dolphin installation. The impact assessment shall follow the procedures outlined in Section 10.11.150. Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.

1. Restoration and Enhancement policy requirements in the Bay City Comprehensive Plan shall be met.
2. Proposals for restoration projects shall present evidence that:
   1. The restored area is a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed.
   2. The restored area may not have been a functioning part of the estuarine system when alteration work begins.
   3. The restored area is revitalizing, returning or replacing original attributes and amenities which have been diminished or lost by past alterations, activities, or catastrophic events.
3. Estuarine enhancement project proposals shall identify:
   1. The original conditions to be enhanced.
   2. The cause of the loss of degradation.
   3. The location and extent of action necessary to achieve the enhancement objective.
4. Estuarine enhancement project proposals shall present evidence that the project will result in an overall improvement in the cultural, historic, economic, or navigation features of an estuary, which will outweigh any adverse impacts.
5. When active restoration and enhancement projects are proposed in Estuary Natural (EN) or Estuary Conservation Aquaculture (ECA) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and with the protection of significant fish and wildlife habitats, biological productivity, and of scientific, research and educational needs.
6. When active restoration and enhancement projects are proposed in Estuary Conservation 1 (EC1) or Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources, and does not cause a major alteration of the estuary.
7. When passive or active restoration or enhancement projects are proposed in Estuary Development (ED) Zones, evidence shall be provided by the applicant and findings made by the City that the project will not interfere with the provision or maintenance of navigation and other needed public, commercial, and industrial water-dependent uses, or with the use of adjacent shorelands especially suited for water-dependent development.
8. When active restoration or enhancement projects are proposed in the Shoreland 2 Zone, evidence shall be provided by the applicant and findings made by the City that the proposed project does not preclude or conflict with existing or reasonable potential water-dependent use on the site or in the vicinity.
9. Dredge, fill, shoreline stabilization, shoreland development, installation of energy facilities or utilities, dredged material disposal and other uses and activities proposed as part of a restoration or enhancement project shall be subject to the respective standards for these uses and activities.

1. Evidence shall be provided by the applicant and findings made by the City that:
   1. Facilities have been sited and designed to minimize initial and maintenance dredging.
   2. Dryland boat storage has been provided for, or is impracticable.
   3. Provisions have been made for public access, viewpoints, and recreation uses, consistent with safety and security considerations.
   4. Multipurpose and cooperative use of piers, wharves, parking areas, and cargo handling and storage has been provided for, or is impracticable.
   5. Floating structures are designed so as not to rest on the bottom at low water and are protected against currents and waves.
   6. The amount of water surface occupied is the minimum required to meet the need.
   7. Provisions have been made for maintenance of riparian vegetation, except where direct access to water is required.
   8. Natural or man-made protection from wind, waves, storm or tidal currents, or ship wakes has been provided for.
   9. Adverse impacts on the following have been avoided or minimized:
      1. Navigation.
      2. Water quality.
      3. Hydrographic characteristics.
      4. Natural processes or erosion and sedimentation.
      5. Aquatic life and habitat.
   10. In EC2 Zones, a resource capability determination is also required.
2. Marina access channels shall be designed to maximize water circulation and avoid dead spots. Dead-end channels or confined basins should be avoided. Demonstration shall be made that state and federal clean water standards will be maintained. A field study of water circulation patterns may be required by the Planning Commission as a result of the impact assessment required in Section 10.11.150.
3. Safe navigational access to port facilities and marinas shall be provided and maintained.
4. Covered or enclosed moorages shall be limited to 10% (in number) of the total moorage spaces of a given port facility or marina.
5. The following provisions for the prevention and control of contaminants from entering the water shall be made:
   1. Enclosed shoreland facilities for public dumping of oil and emptying of holding tanks shall be provided.
   2. A contingency plan to provide for containment and clean-up of spills of contaminants shall be provided.
6. Proposals for expansion or creation of port and marina facilities shall be accompanied by a demonstration of the public benefits derived from the project, which shall include:
   1. Information on why the capacity of existing facilities is inadequate.
   2. The beneficial economic impacts to local communities derived from increases in employment.
   3. Indirect economic impacts generated by increases in commercial, industrial, or recreational activity within the area.
7. All state and federal laws governing the use, handling, storage, treatment, and disposal of toxic materials, petroleum, wastewater and organic wastes, and other state and federal laws governing environmental quality, resource protection, or public health and safety shall be met. This determination shall be made by appropriate state or federal agencies with regulatory authority.
8. When marina expansion or development is proposed in Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
9. Dredge, fill, piling/dolphin installation, navigational structures, shoreline stabilization, or other activities in conjunction with expansion or creation of new port facilities and marinas shall be subject to the respective standards for these activities.

1. Within estuarine waters, intertidal areas and tidal wetlands, and along shoreland areas, general priorities for shoreline stabilization for erosion control are, from highest to lowest:
   1. Proper maintenance of existing riparian vegetation.
   2. Planting of riparian vegetation.
   3. Vegetated rip-rap.
   4. Non-vegetated rip-rap.
   5. Groins, bulkheads, or other structural methods.
   6. Shoreline protection proposals shall include justification for the use of a lower priority method over a higher priority method.
2. Vegetative shoreline stabilization shall utilize native species or non-native species approved by the Natural Resource Conservation Service.
3. When structural shoreline stabilization methods are proposed, evidence shall be presented by the applicant and findings made by the City that:
   1. Flooding or erosion that is threatening an established use on a subject property or a need (i.e. a substantial public benefit) is demonstrated in conjunction with navigation or a water-dependent use.
   2. Land use management practices or non-structural solutions are inappropriate or will not meet the need.
   3. The proposed structural stabilization method is the minimum size needed to accomplish the desired stabilization.
   4. The proposed project will not restrict existing public access to publicly owned lands or interfere with the normal public use of fishery, recreation, or water resources.
   5. The proposed project will not adversely impact adjacent aquatic areas or nearby property through increased erosion, sedimentation, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer, hydrologist, or geologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.11.150.
4. A brief statement from the local Soil and Water Conservation Service may serve as evidence that standards 3) and 4) have been met.
5. Shoreline Stabilization projects shall be timed to minimize impacts on aquatic life.
6. Proposals for rip-rap shall include evidence that the rock to be used will be effective and will provide justification for use of a slope steeper than 1-1/2 feet horizontal to one foot vertical.
7. When bulkheads are proposed, evidence shall be provided by the applicant and findings made by the City that other forms of structural stabilization are inappropriate or will not meet the need. Bulkheads should be designed to be permeable to groundwater and runoff. Fill policies and standards shall apply to bulkhead projects which involve fill within estuarine waters, intertidal areas, or tidal wetlands.
8. Rip-rap proposed in Estuary Natural (EN) Zones shall only be permitted for the protection of unique natural resources, historical and archaeological values, public facilities and uses existing as of October 7, 1977.
9. When structural shoreline stabilization is proposed in Estuary Conservation (EC1) and Conservation 2(EC2) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and the long-term use of renewable resources, and does not cause a major alteration of the estuary.
10. When structural shoreline stabilization is proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
11. An impact assessment shall be conducted during local, state and federal review of permit applications for structural shoreline stabilization seaward of the line of non-aquatic vegetation or the Mean Higher High Water (MHHW) line. The impact assessment shall follow the procedure outline in Section 10.11.150. Identified adverse impacts shall be avoided or minimized to be consistent with the resource capabilities and purposes of the area.

1. Development proposals shall not reduce the fish-accessible and egress-able undeveloped space within the special flood hazard area. 
2. A development proposal with an activity that would impact undeveloped space shall achieve no net loss of fish-accessible and egress-able space. 
3. Lost undeveloped space must be replaced with fish accessible and egress-able compensatory volume based on the ratio in Table 1 and at the same flood level at which the development causes an impact (i.e., plus or minus 1 foot of the hydraulically equivalent elevation). 
   1. Hydraulically equivalent sites must be found within either the equivalent 1-foot elevations or the same flood elevation bands of the development proposal. The flood elevation bands are identified as follows: 
      1. Ordinary High Water Mark to 10-year, 
      2. 10-year to 25-year, 
      3. 25-year to 50-year, 
      4. And 50-year to 100-year 
   2. Hydrologically connected to the waterbody that is the flooding source; 
   3. Designed so that there is no increase in velocity; and 
   4. Designed to fill and drain in a manner that minimizes anadromous fish stranding to the greatest extent possible.
      

Impervious surface mitigation shall be mitigated through any of the following options:

1. Development proposals shall not result in a net increase in impervious surface area within the SFHA, or
2. Use low impact development or green infrastructure to infiltrate and treat stormwater produced by the new impervious surface, as documented by a qualified professional, or
3. If prior methods are not feasible and documented by a qualified professional stormwater retention is required to ensure no increase in peak volume or flow and to maximize infiltration, and treatment is required to minimize pollutant loading. See the Bay City Stormwater Master Plan for stormwater retention specifications.

Development proposals shall result in no net loss of trees 6-inches dbh or greater within the special flood hazard area. This requirement does not apply to silviculture where there is no development.

1. Trees of or exceeding 6-inches dbh that are removed from the RBZ, Floodway, or RBZ-fringe must be replaced at the ratios in Table 1.
2. Replacement trees must be native species that would occur naturally in the Level III ecoregion of the impact area.
   

The following activities are not subject to the no net loss standards in Section 10.07.343; however, they may not be exempt from floodplain development permit requirements.

1. Normal maintenance of structures, such as re-roofing and replacing siding, provided there is no change in the footprint or expansion of the roof of the structure;
   
2. Normal street, sidewalk, and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, that does not alter contours, use, or alter culverts. Activities exempt do not include expansion of paved areas;
   
3. Routine maintenance of landscaping that does not involve grading, excavation, or filling;
   
4. Routine agricultural practices such as tilling, plowing, harvesting, soil amendments, and ditch cleaning that does not alter the ditch configuration provided the spoils are removed from special flood hazard area or tilled into fields as a soil amendment;
   
5. Routine silviculture practices that do not meet the definition of development, including harvesting of trees as long as root balls are left in place and forest road construction or maintenance that does not alter contours, use, or alter culverts;
   
6. Removal of noxious weeds and hazard trees, and replacement of non-native vegetation with native vegetation;
   
7. Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles provided there is no net change in footprint;
   
8. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition of protection on the face or toe with rock armor;
   
9. Habitat restoration activities.
   

1. The Riparian Buffer Zone is measured from the ordinary high-water line of a fresh waterbody (lake; pond; ephemeral, intermittent, or perennial stream) or mean higher-high water of a marine shoreline or tidally influenced river reach to 170 feet horizontally on each side of the stream or inland of the MHHW. The riparian buffer zone includes the area between these outer boundaries on each side of the stream, including the stream channel.
   
2. Habitat restoration activities in the RBZ are considered self-mitigating and are not subject to the no net loss standards described above.
   
3. Functionally dependent uses are only subject to the no net loss standards for development in the RBZ. Ancillary features that are associated with but do not directly impact the functionally dependent use in the RBZ (including manufacturing support facilities and restrooms) are subject to the beneficial gain standard in addition to no net loss standards.
   
4. Any other use of the RBZ requires a greater offset to achieve no net loss of floodplain functions, on top of the no net loss standards described above, through the beneficial gain standard.
   
5. Under FEMA’s beneficial gain standard, an area within the same reach of the project and equivalent to 5% of the total project area within the RBZ shall be planted with native herbaceous and shrub vegetation and designated as open space.