The purpose of this section to establish standards for new development and redevelopment within estuarine aquatic areas in a manner consistent with Statewide Planning Goal 16. As used in this section, "estuarine aquatic area" means estuarine waters, submerged lands, tidelands, and tidal marshes up to Mean Higher High Water or the line of non-aquatic vegetation, whichever is further landward.

(Ordinance No. 2225, October 7, 2024)

The following uses and their accessory uses are permitted outright and are not subject to the standards contained in this chapter:

A.

Within All Estuary Zone Districts.

1.

Undeveloped low intensity recreation requiring no aquatic area alteration.

2.

Research and educational observations requiring no aquatic area alteration.

3.

Projects for the protection of habitat, nutrient, fish, wildlife, and aesthetic resources requiring no aquatic area alteration.

4.

Passive restoration that requires no aquatic area alteration.

5.

Bridge crossing spans that do not require the placement of support structures.

B.

Within the E-D Zone District.

1.

Piling repair involving welded patches, wraps, sleeves, or the injection of grout or similar reinforcing material.

2.

Removal or installation of not more than six piles associated with an in-water structure within a 12-month period.

3.

In-kind replacement of a floating structure.

4.

Underwater welding.

(Ordinance No. 2225, October 7, 2024)

The following standards will be applied to all new uses, expansion of existing structures, and activities within Yaquina Bay. In addition to the standards set forth in this ordinance and the Comprehensive Plan, all uses and activities must further comply with all applicable state and federal regulations governing water quality, resource protection, and public health and safety.

A.

Structures. Structures include all constructed facilities that extend into the estuary, whether fixed or floating. Not included are log rafts or new land created from submerged or submersible lands. All structures proposed within an Estuary Zoning District must adhere to the following:

1.

The siting and design of all structures shall be chosen to minimize adverse impacts on aquatic life and habitats, flushing and circulation characteristics, and patterns of erosion and accretion, to the extent practical.

2.

Materials to be used for structures shall be clean and durable so as to allow long-term stability and minimize maintenance. Materials which could create water quality problems or which rapidly deteriorate are not permitted.

3.

The development of structures shall be evaluated to determine potential conflicts with established water uses (e.g., navigation, recreation, aquaculture, etc.). Such conflicts shall be minimized.

4.

Occupation of estuarine surface areas by structures shall be limited to the minimum area practical to accomplish the proposed purpose.

5.

Where feasible, breakwaters of the floating type shall be used over those of solid construction.

6.

Floating structures shall not be permitted in areas where they would regularly contact the bottom at low water (i.e., shall be located waterward of mean lower low water). Exceptions to this requirement may be granted for structures of limited areas that are necessary as part of an overall approved project where grounding would not have significant adverse impacts.

7.

Individual single-purpose docks and piers for recreational and residential uses shall be permitted only when it has been demonstrated that there are no practical alternatives (e.g., mooring buoys, dry land storage, etc.). Community facilities or other structures common to several uses are encouraged at appropriate locations.

8.

The size, shape, and orientation of a dock or pier shall be limited to that required for the intended uses.

9.

For structures associated with marinas or port facilities:

a.

Open moorage shall be preferred over covered or enclosed moorage except for repair or construction facilities;

b.

Multi-purpose and cooperative use of moorage parking, cargo handling, and storage facilities shall be encouraged;

c.

Provision of public access to the estuary shall be encouraged, where feasible and consistent with security and safety requirements.

10.

Shoreline stabilization structures shall be confined to those areas where:

a.

Active erosion is occurring that threatens existing uses or structures; or

b.

New development or redevelopment, or water-dependent or water-related uses requires protection for maintaining the integrity of upland structures or facilities.

11.

Structural shoreline stabilization methods shall be permitted only where the shoreline protection proposal demonstrates that a higher priority method is unreasonable. The following, in order, are the preferred methods of shoreline stabilization:

a.

Vegetative or other nonstructural technique;

b.

Cobble dynamic revetment;

c.

Vegetated riprap;

d.

Unvegetated riprap;

e.

Bulkheads (except that the use of bulkheads shall be limited to ED and EC management units only).

12.

Minor modifications of the shoreline profile may be permitted on a case-by-case basis. These alterations shall be for the purpose of stabilizing the shoreline, not for the purpose of gaining additional upland area.

B.

Dikes. New diking is the placement of dikes on an area that has never been previously diked; or has previously been diked but all or a substantial part of the area is presently subject to tidal inundation and tidal marsh has been established.

1.

Existing functional dikes and tide gates may be maintained and repaired as necessary to fulfill their purpose as flood control structures.

2.

New dikes in estuarine areas shall be allowed only:

a.

As part of an approved fill project, subject to the standards for fill in the applicable Estuary Zoning District; and

b.

If appropriate mitigation is undertaken in accordance with all relevant state and federal standards.

3.

Dikes constructed to retain fill materials shall be considered fill and subject to standards for fill in the applicable Estuary Zoning District.

4.

The outside face of new dikes shall be protected by approved shoreline stabilization procedures.

C.

Submerged Crossings.

1.

Trenching or other bottom disturbance undertaken in conjunction with installation of a submerged crossing shall conform to the standards for dredging as set forth in the applicable Estuary Zoning District.

2.

Submerged crossings shall be designed and located so as to eliminate interference with present or future navigational activities.

3.

Submerged crossings shall be designed and located so as to ensure sufficient burial or water depth to avoid damage to the crossing.

D.

Excavation.

1.

Creation of new estuarine surface area shall be allowed only for navigation, other water-dependent use, or restoration.

2.

All excavation projects shall be designed and located so as to minimize adverse impacts on aquatic life and habitats, flushing and circulation characteristics, erosion and accretion patterns, navigation, and recreation.

3.

Excavation of as much as is practical of the new water body shall be completed before it is connected to the estuary.

4.

In the design of excavation projects, provision of public access to the estuary shall be encouraged to the extent compatible with the proposed use.

(Ordinance No. 1344, November 7, 1983; Ordinance No. 1622, October 7, 1991; Ordinance No. 1790, July 6, 1998; Ordinance No. 1989, January 1, 2010; Ordinance No. 2225, October 7, 2024)

A.

Dredging, filling, or other alterations of the estuary shall be allowed only:

1.

In conjunction with a use authorized in accordance with a use listed in Section 14.03.120;

2.

If a substantial public benefit is demonstrated;

3.

If the use or alteration does not substantially interfere with public trust rights or tribal cultural resources or practices;

4.

If no feasible alternative upland locations exists; and

5.

If adverse impacts are minimized or mitigated. Adverse impacts include:

a.

Short-term effects such as pollutant release, dissolved oxygen depletion, and disturbance of important biological communities.

b.

Long-term effects such as loss of fishing habitat and tidelands, loss of flushing capacity, destabilization of bottom sediments, and biologically harmful changes in circulation patterns.

c.

Removal of material in wetlands and productive shallow submerged lands.

6.

Dredging, filling, or both is not permitted in conjunction with water related or non-water related commercial and industrial uses.

B.

Restoration in the E-D Zone shall be undertaken only if it is likely that the project will not conflict with or be destroyed by existing or subsequent development.

(Ordinance No. 1622, October 7, 1991; Ordinance No. 1989, January 1, 2010; Ordinance No. 2225, October 7, 2024)

A.

All decisions authorizing uses that involve alterations of the estuary that could affect the estuary's physical processes or biological resources shall include a written impact assessment. The impact assessment need not be lengthy or complex. The level of detail and analysis should be commensurate with the scale of expected impacts. For example, for proposed alterations with minimal estuarine disturbance (e.g., docks, aquaculture facilities), a correspondingly simple assessment is sufficient. For alterations with the potential for greater impact (e.g., navigation channels, boat basins), the assessment should be more comprehensive. In all cases it shall provide a summary of the impacts to be expected. It should be submitted in writing to the local jurisdiction. It shall include:

1.

The type and extent of alterations to be authorized;

2.

The type of resources affected;

3.

The expected extent of impacts on water quality and other physical characteristics of the estuary, biological resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary;

4.

The expected extent of impacts of the proposed alteration should reference relevant Climate Vulnerabilities as described in applicable sub-area(s) and management unit (applicants are encouraged to document the use of any applicable data and maps included in the inventory such as sea level rise and landward migration zones) when considering future:

a.

Continued use of the proposed alteration given projected climate change impacts,

b.

Water quality and other physical characteristics of the estuary,

c.

Living resources,

d.

Recreation and aesthetic use,

e.

Navigation, and

f.

Other existing and potential uses of the estuary; and

5.

Methods to be employed to avoid or minimize adverse impacts.

B.

In the process of gathering necessary factual information for the preparation of the impact assessment, the Community Development Department may consult with any agency or individual able to provide relevant technical expertise. Federal impact statements or assessments may be utilized to comply with this requirement if such statements are available.

(Ordinance No. 2225, October 7, 2024)

A.

Conditional uses within the E-N zone district shall comply with the following standards:

1.

The use is consistent with the intent of the E-N zone district; and

2.

The use complies with any applicable Special Policies of the individual Management Unit.

3.

The use is consistent with the resource capabilities of the Management Unit and the applicant demonstrates:

a.

The negative impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant; or

b.

The resources of the area are able to assimilate the use and its effects and continue to function in a manner to protect significant wildlife habitats, natural biological productivity, and values for scientific research and education. In this context, "protect" means to save or shield from loss, destruction, or injury or for future intended use.

4.

Information from the Impact Assessment shall be used to determine if a use is consistent with the resource capability of the area.

B.

Conditional uses within the E-C zone district shall comply with the following standards:

1.

The use is consistent with the intent of the E-C zone district; and

2.

The use complies with any applicable Special Policies of the individual Management Unit.

3.

The use shall be consistent with the resource capabilities of the Management Unit and the applicant demonstrates:

a.

The negative impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant; or

b.

The resources of the area are able to assimilate the use and its effects and continue to function in a manner which conserves long-term renewable resources, natural biological productivity, recreational and aesthetic values and aquaculture. In this context, "conserve" means to manage in a manner which avoids wasteful or destructive uses and provides for future availability.

4.

Information from the Impact Assessment shall be used to determine if a use is consistent with the resource capability of the area.

C.

Conditional uses within the E-D zone district shall comply with the following standards:

1.

The use is consistent with the intent of the E-D zone district; and

2.

The use is consistent with the management objective of the individual Management Unit; and

3.

The use complies with any applicable Special Policies of the individual Management Unit.

4.

The use is permitted outright or conditionally in the adjacent water-related or water-dependent zone district.

5.

Information from the Impact Assessment shall be used to determine if a use satisfies the standards of this subsection.

(Ordinance No. 2225, October 7, 2024)

A.

Priorities for the placement of dredged material disposal sites shall be (in order of preference):

1.

Upland or approved fill project sites.

2.

Approved offshore ocean disposal sites.

3.

Aquatic E-D zoned areas.

B.

Where flow lane disposal of dredged material is allowed, monitoring of the disposal is required to assure that estuarine sedimentation is consistent with the resource capabilities and purposes of affected natural and conservation management units.

C.

Disposal of dredged materials should occur on the smallest possible land area to minimize the quantity of land that is disturbed. Clearing of land should occur in stages on an "as needed" basis.

D.

Dikes surrounding disposal sites shall be well constructed and large enough to encourage proper "ponding" and to prevent the return of suspended sediments into the estuary.

E.

The timing of disposal activities shall be coordinated with the Department of Environmental Quality and the Department of Fish and Wildlife for the protection of biologically important elements such as fish runs, spawning activity, etc. In general, disposal should occur during periods of adequate river flow to aid flushing of suspended sediments.

F.

Disposal sites that will receive materials with toxic characteristics shall be designed to include secondary cells in order to achieve good quality effluent. Discharge from the sites should be monitored to ensure that adequate cell structures have been constructed and are functioning properly.

G.

Revegetation of disposal sites shall occur as soon as is practical in order to stabilize the site and retard wind erosion.

H.

Outfalls from dredged material disposal sites shall be located and designed so as to minimize adverse impacts on aquatic life and habitats and water quality.

(Ordinance No. 1622, October 7, 1991; Ordinance No. 1989, January 1, 2010; Ordinance No. 2225, October 7, 2024)

The following standards will be applied to all new uses, expansion of existing uses, and activities within Yaquina Bay. In addition to the standards set forth in this ordinance and the Comprehensive Plan, all uses and activities must further comply with all applicable state and federal regulations governing water quality, resource protection, and public health and safety.

Within the Natural and Conservation Management Units certain uses are allowed only if they are found to be consistent with the resource capabilities of the area and the purposes of the management unit. Those uses requiring a resource capability determination are so identified in the Permitted Use Matrix.

Natural Management Units. Within Natural Management Units, a use or activity is consistent with the resource capabilities of the area when either the impacts of the use on estuarine species, habitats, biological productivity, and water quality are not significant or the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner to protect significant wildlife habitats, natural biological productivity, and values for scientific research and education. In this context, "protect" means to save or shield from loss, destruction, or injury or for future intended use.

Conservation Management Units. Within Conservation Management Units, a use or activity is consistent with the resource capabilities of the area when either the impacts of the use on estuarine species, habitats, biologic productivity, and water quality are not significant or the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner which conserves long-term renewable resources, natural biologic productivity, recreational and aesthetic values, and aquaculture. In this context, "conserve" means to manage in a manner which avoids wasteful or destructive uses and provides for future availability.

(Ordinance No. 1622, October 7, 1991)

By definition, "structures" include all constructed, manmade facilities that extend into the estuary, whether fixed or floating. Not included are log rafts or new land created from submerged or submersible lands (see "fill"). Structural types include:

Breakwater: An offshore barrier, sometimes connected to the shore at one or both ends to break the force of the waves. Used to protect harbors and marinas, breakwaters may be constructed of rock, concrete, or piling, or may be floating structures.

Bridge Crossing: A portion of a bridge spanning a waterway. Bridge crossings do not include support structures or fill located in the waterway or adjacent wetlands.

Bridge Crossing Support Structures: Piers, piling, and similar structures necessary to support a bridge span but not including fill for causeways or approaches.

Docks: A fixed or floating decked structure against which a boat may be berthed temporarily or indefinitely.

Dolphin: A group of piles driven together and tied together so that the group is capable of withstanding lateral forces from vessels or other floating objects.

Groin: A shore protection structure (usually perpendicular to the shoreline) constructed to reap littoral drift or retard erosion of the shoreline. Generally made of rock or other solid material.

Jetty: An artificial barrier used to change littoral drift to protect inlet entrances from excessive sedimentation or direct and confine the stream of tidal flow. Jetties are usually constructed at the mouth of a river or estuary to help deepen and stabilize a channel.

Minor Navigational Improvements: Alteration necessary to provide water access to existing or permitted uses in conservation management units, including dredging for access channels and for maintaining existing navigation but excluding fill and in water navigational structures other than floating breakwaters or similar permeable wave barriers.

Pier: A structure extending into the water from solid land generally to afford passage for persons or goods to and from vessels, but sometimes to provide recreational access to the estuary.

Pile Dike: Flow control structures analogous to groins but constructed from closely spaced pilings connected by timbers.

Piling: A long, slender stake or structural element of steel, concrete, or timber which is driven, jetted, or otherwise embedded into the bed of the estuary for the purpose of supporting a load.

Wharf: A structure built alongside a waterway for the purpose of receipt, discharge, and storage of goods and merchandise from vessels.

A.

It is recognized that development of structures may have some adverse impacts that are unavoidable; however, the siting and design of all structures shall be chosen to minimize these adverse impacts on aquatic life and habitats, flushing and circulation characteristics, and patterns of erosion and accretion.

B.

Materials to be used for structures shall be clean and durable so as to allow long-term stability and minimize maintenance. Materials which could create water quality problems or which rapidly deteriorate are not permitted.

C.

The development of structures shall be evaluated to determine potential conflicts with established water uses (e.g., navigation, recreation, aquaculture, etc.). Such conflicts shall be minimized.

D.

Occupation of estuarine surface areas by structures shall be limited to the minimum area practical to accomplish the proposed purpose.

E.

Where feasible, breakwaters of the floating type shall be preferred over those of solid construction.

F.

Floating structures shall not be permitted in areas where they would regularly contact the bottom at low water (i.e., shall be located waterward of mean lower low water). Exceptions may be granted for structures of limited areas that are necessary as part of an overall approved project where grounding would not have significant adverse impacts.

G.

Individual single purpose docks and piers for recreational and residential uses shall be permitted only when it has been demonstrated that there are no practical alternatives (e.g., mooring buoys, dry land storage, etc.). Community facilities or other structures common to several uses are encouraged at appropriate locations.

H.

The size, shape, and orientation of a dock or pier shall be limited to that required for the intended uses.

I.

Structures associated with the docking of water craft must comply with Section 14.03.140/"Marina and Port Facilities."

(Ordinance No. 1622, October 7, 1991)

By definition, "dredging" involves the removal of sediment or other material from the estuary for the purpose of deepening a channel, mooring basin, or other navigation area. (This does not apply to dredging for clams.)

A.

All dredging in the estuary shall be conducted in such a manner so as to minimize:

1.

Adverse short-term effects such as pollutant release, dissolved oxygen depletion, and disturbance of important biological communities.

2.

Adverse long-term effects such as loss of fishing habitat and tidelands, loss of flushing capacity, destabilization of bottom sediments, and biologically harmful changes in circulation patterns.

3.

Removal of material in wetlands and productive shallow submerged lands.

B.

Dredging shall be permitted only:

1.

For navigation or navigational access;

2.

In conjunction with a permitted or conditionally permitted water-dependent use;

3.

If a need (i.e., a substantial public benefit) is demonstrated, and the use or alteration does not unreasonably interfere with public trust rights; and

4.

If no feasible alternative upland locations exist.

C.

The effects of dredge activities in intertidal or tidal marsh areas shall be mitigated by creation, restoration, or enhancement of another area to ensure that the integrity of the estuarine ecosystem is maintained. Dredging projects shall meet all requirements of ORS 196.800 through 196.990 (the State Removal Fill Law), 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.

(Ordinance No. 1622, October 7, 1991)

By definition, "shoreline stabilization" is the stabilization or protection from erosion of the banks of the estuary by vegetative or structural (riprap or bulkhead) means.

A.

Shoreline stabilization procedures shall be confined to those areas where:

1.

Active erosion is occurring that threatens existing uses or structures; or

2.

New development or redevelopment, or water-dependent or water-related uses requires protection for maintaining the integrity of upland structures or facilities.

B.

The following, in order, are the preferred methods of shoreline stabilization:

1.

Vegetative or other nonstructural.

2.

Vegetated riprap.

3.

Unvegetated riprap.

4.

Bulkheads (except that the use of bulkheads shall be limited to "development" and "conservation" management units).

Structural shoreline stabilization methods shall be permitted only where the shoreline protection proposal demonstrates that a higher priority method is unreasonable.

C.

Materials to be used must be cleaned and of a non-erosive quality that will allow long-term stability and minimize maintenance. Materials that could create water quality problems or which will rapidly deteriorate are not permitted.

D.

Minor modifications of the bankline profile may be permitted on a case-by-case basis. These alterations shall be for the purpose of stabilizing the shoreline, not for the purpose of gaining additional upland area.

E.

Shoreline stabilization structures shall be designed and located so as to minimize adverse impacts on aquatic life and habitat, circulation and flushing characteristics, and patterns of erosion and accretion.

F.

In addition to requirements identified in C-E above, cobble/pebble dynamic revetments permitted in Management Units 8 and 9-A may be permitted if:

1.

There is a demonstrated need to protect public facility uses; and

2.

Land use management practices and nonstructural solutions are inadequate; and

3.

The proposal is consistent with the applicable management unit as required by Goal 16.

G.

For the purposes of shoreline stabilization, a "cobble/pebble dynamic revetment" is defined as: "The use of naturally rounded pebbles or cobbles placed in front of property to be protected and designed to move under force of wave, currents, and tides. A cobble/pebble dynamic revetment represents a transitional strategy between conventional rip rap revetment of large stones and a beach nourishment project."

(Ordinance No. 1622, October 7, 1991)

By definition, "fill" is the placement of material in the estuary to create new shoreland area.

A.

Fill shall be permitted only if required for navigation, a water-dependent use, or for a public improvement project for which there is a demonstrated need and for which no practical alternatives (e.g., construction on piling, an upland location, etc.) exist, and if the fill does not unreasonably interfere with public trust rights.

B.

As far as possible, all fill projects shall be designed and placed so as to minimize adverse impacts on aquatic life and habitats, flushing and circulation characteristics, erosion and accretion patterns, navigation, and recreation.

C.

Fill materials that would create water quality problems or that will rapidly deteriorate are not permitted.

D.

When available from an authorized dredgeline project, dredged materials shall be preferred over upland materials for approved fill projects.

E.

As an integral part of the fill process, new fills placed in the estuary shall be protected by approved methods of bank stabilization to prevent erosion.

F.

The effects of fill activities in intertidal or tidal marsh areas shall be mitigated by creation, restoration, or enhancement of another area to ensure that the integrity of the estuarine ecosystem is maintained. Fill projects shall meet all requirements of ORS 196.800 through 196.990 (the State Removal Fill Law), 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 fill projects.

(Ordinance No. 1622, October 7, 1991)

Definitions:

Marina. A small harbor, boat basin, or moorage facility providing dockage for recreational craft.

Port Facilities. Facilities which accommodate and support commercial fishery and navigation activities, including terminal and boat basins and moorage for commercial vessels, barges, and ocean-going ships.

A.

All structures, fills, dredging, or shoreline stabilization measures undertaken in conjunction with marina or port facility development must comply with applicable standards set forth in this Ordinance. Structures shall comply with Section 14.04.100; fills shall comply with Section 14.04.130; dredging shall comply with Section 14.04.110; and shoreline stabilization shall comply with Section 14.04.120.

B.

Provisions must be made in the design of the marina or port facilities to ensure adequate flushing for maintenance of water quality.

C.

Open moorage shall be preferred over covered or enclosed moorage except for repair or construction facilities.

D.

Multi-purpose and cooperative use of moorage parking, cargo handling, and storage facilities shall be encouraged.

E.

In the development of new port or marina facilities, maximum feasible public access shall be encouraged, consistent with security and safety requirements.

(Ordinance No. 1622, October 7, 1991)

By definition, "aquaculture" is the raising, feeding, planting, and harvesting of fish, shellfish, or marine plants, including facilities necessary to engage in the use.

A.

All structures located in conjunction with aquaculture operations shall be subject to the standards set forth in this ordinance for structures. All dredge and fill, shoreline stabilization, or other activities in conjunction with aquaculture activities shall be subject to the respective standards for those activities.

B.

Water diversion structures or manmade spawning channels shall be constructed so as to maintain minimum required stream flows for aquatic life in the adjacent streams.

C.

The potential impacts of introducing a new fish or shellfish species (or a race within a species) shall be carefully evaluated in light of existing aquatic life and potential fish and shellfish production in the stream, estuary, and ocean.

D.

Aquaculture facilities shall be located far enough from any sanitary sewer outfalls to prevent any potential health hazard.

By definition, this extraction is the removal for economic use of minerals, petroleum resources, sand, gravel, or other materials from the estuary.

A.

All mineral and aggregate removal projects shall be conducted in such a manner so as to minimize:

1.

Adverse short-term effects such as pollutant release, dissolved oxygen depletion, excessive turbidity, and disturbance of important biological communities.

2.

Adverse long-term effects such as loss of fish habitat and tidelands, loss of flushing capacity, destabilization of bottom sediments, and biographically harmful changes in circulation patterns.

B.

Removal of aggregate materials from the estuary shall be allowed only after a clear demonstration that comparable materials are not available from local upland sources.

C.

Unless part of an approved fill project, spoils and stockpiles shall be placed beyond the reach of high water and in such a manner that sediment will not enter or return to the waterway.

D.

Riparian vegetation shall be retained to the optimum degree possible. Disturbed shoreline areas shall be revegetated.

(Ordinance No. 1622, October 7, 1991)

By definition, a "dike" is an earthen embankment or ridge constructed to restrain high water. New diking is the placement of dikes on an area that (1) has never been previously diked; or (2) has previously been diked but all of a substantial part of the area is presently subject to tidal inundation and tidal marsh has been established.

A.

Existing functional dikes and tide gates may be maintained and repaired as necessary to fulfill their purpose as flood control structures.

B.

New dikes in estuarine areas shall be allowed only:

1.

As part of an approved fill project, subject to the standards for fill; and

2.

If appropriate mitigation is undertaken in accordance with all relevant state and federal standards.

C.

Dikes constructed to retain fill materials shall be considered fill and subject to standards for fill.

D.

The outside face of new dikes shall be protected by approved shoreline stabilization procedures.

By definition, an "outfall" is an outlet through which materials are discharged into the estuary. Outfalls include sanitary (sewer) discharges, storm drainage facilities, waste seawater discharges, and industrial waste discharges.

A.

As applicable, the standards for dredging, shoreline stabilization, and placement of structures as set forth in this ordinance must be complied within the installation of outfalls.

B.

Sanitary outfalls shall not be allowed in poorly flushed areas of the estuary.

(Ordinance No. 1564, January 16, 1990; Ordinance No. 1622, October 7, 1991)

By definition, "submerged crossings" are power, telephone, water, sewer, gas, or other transmission lines that are constructed across the estuary, usually by embedding into the bottom of the estuary.

A.

Trenching or other bottom disturbance undertaken in conjunction with installation of a submerged crossing shall conform to the standards for dredging as set forth in this ordinance.

B.

Submerged crossings shall be designed and located so as to eliminate interference with present or future navigational activities.

C.

Submerged crossings shall be designed and located so as to ensure sufficient burial or water depth to avoid damage to the crossing.

By definition, "restoration" is revitalizing, returning, or replacing original attributes and amenities such as natural biological productivity or cultural and aesthetic resources that have been diminished or lost by past alterations, activities, or catastrophic events. Estuarine restoration means to revitalize or reestablish functional characteristics and processes of the estuary diminished or lost by past alteration, activities, or catastrophic events. A restored area must be a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed, and may not have been a functioning part of the estuarine system when alteration work began. Active restoration involves the use of specific remedial actions such as removing dikes, installing water treatment facilities, etc. Passive restoration is the use of natural processes, sequences, or timing to bring about restoration after the removal or reduction of adverse stresses.

A.

Restoration in areas designated for development shall be undertaken only if it is likely that the project will not conflict with or be destroyed by existing or subsequent development.

B.

All restoration projects shall be designed so as to minimize adverse impacts on aquatic life and habitats, flushing and circulation characteristics, erosion and accretion patterns, navigation, and recreation.

By definition as used here, "excavation" is the process of digging out shorelands to create new estuarine surface area directly connected to other estuarine waters.

A.

Creation of new estuarine surface area shall be allowed only for navigation, other water-dependent use, or restoration.

B.

All excavation projects shall be designed and located so as to minimize adverse impacts on aquatic life and habitats, flushing and circulation characteristics, erosion and accretion patterns, navigation, and recreation.

C.

Excavation of as much as is practical of the new water body shall be completed before it is connected to the estuary.

D.

In the design of excavation projects, provision of public access to the estuary shall be encouraged to the extent compatible with the proposed use.

(Ordinance No. 1622, October 7, 1991)

By definition, "dredged material disposal" is the deposition of dredged material in estuarine areas or shorelands.

A.

Disposal of dredged materials should occur on the smallest possible land area in order to minimize the quantity of land that is disturbed. Clearing of land should occur in stages on an "as needed" basis.

B.

Dikes surrounding disposal sites shall be well constructed and large enough to encourage proper "ponding" and to prevent the return of suspended sediments into the estuary.

C.

The timing of disposal activities shall be coordinated with the Department of Environmental Quality and the Department of Fish and Wildlife to ensure adequate protection of biologically important elements such as fish runs, spawning activity, etc. In general, disposal should occur during periods of adequate river flow to aid flushing of suspended sediments.

D.

Disposal sites that will receive materials with toxic characteristics shall be designed to include secondary cells in order to achieve good quality effluent. Discharge from the sites should be monitored to ensure that adequate cell structures have been constructed and are functioning properly.

E.

Revegetation of disposal sites shall occur as soon as is practical in order to stabilize the site and retard wind erosion.

F.

Outfalls from dredged material disposal sites shall be located and designed so as to minimize adverse impacts on aquatic life and habitats and water quality.

G.

General priorities for dredged material disposal sites shall be (in order of preference):

1.

Upland or approved fill project sites.

2.

Approved offshore disposal sites.

3.

Aquatic areas.

H.

Where flow lane disposal of dredged material is allowed, monitoring of the disposal is required to assure that estuarine sedimentation is consistent with the resource capabilities and purposes of affected natural and conservation management units.

The Yaquina Bay section of the Newport Comprehensive Plan (as amended) and the Yaquina Bay Dredged Material Disposal Plan (as amended) shall be referred to for specific disposal sites and policy requirements.

(Ordinance No. 1622, November 7, 1991)

By definition, water handling of logs is the combined process of log dumping, storage, transportation, millside handling, and take-out as logs are placed into the water and moved to a final processing site.

A.

Water handling of logs shall be conducted in such a manner as to ensure that violations of water quality standards do not result from such activities.

B.

New free fall log dumps shall not be permitted. All new log dumps and shipside unloading shall employ easy letdown devices.

C.

The inventory of logs in the estuary for any purpose shall be the lowest practical number for the shortest practical time considering log availability and market conditions.

D.

The inventory of logs in areas where grounding will occur shall be the lowest practical number for the shortest practical time considering log availability and market conditions.

E.

The best practical bark and wood debris control, collection, and disposal methods shall be employed at log dumps, ship side unloading areas, raft building areas, and millside handling and takeout areas.

By definition, "temporary alteration" is dredging, filling, or another estuarine alteration occurring over a specified short period of time that is needed to facilitate a use allowed by the Comprehensive Plan and the Permitted Use Matrices. The provision for temporary alterations is intended to allow alterations to areas and resources that would otherwise be required to be preserved or conserved.

A.

Temporary alterations include:

1.

Alterations necessary for federally authorized navigation projects (e.g., access to dredged material disposal sites by barge or pipeline and staging areas or dredging for jetting maintenance);

2.

Alterations to establish mitigation sites, alterations for bridge construction or repair, and for drilling or other exploratory operations; and

3.

Minor structures (such as blinds) necessary for research and educational observation.

B.

Temporary alterations may not be for more than three years.

C.

Temporary alterations to require a resource capability determination to ensure that:

1.

The short-term damage to resources is consistent with resource capabilities of the area; and

2.

The area and affected resources can be restored to their original condition.

(Ordinance No. 1622, October 7, 1991)