Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.060 Shoreline Regulations

Article V. General Requirements for Shoreline Use and Modifications: Part V. Requirements for Specific Shoreline Uses

Section 17E.060.540 In-stream Structures

1. Definition.

In-stream structures are placed within a stream or river waterward of the ordinary high-water mark that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.

2. .All in-stream structures and associated facilities shall achieve no net loss of shoreline ecological functions.

3. Uses that adversely impact the ecological functions of freshwater habitats shall not be allowed except where necessary to achieve the prioritized objectives of RCW 90.58.020, and then only when their impacts are mitigated to achieve no net loss of ecological functions, pursuant to SMC 17E.060.220, Mitigation Sequencing.

4. Proposed in-stream structures and associated facilities shall be evaluated to assure that they protect and preserve ecosystem-wide processes, and shoreline ecological functions, including but not limited to:

1. 1. aquatic life and fish passage;

1. 2. wildlife;

1. 3. shorelands and natural vegetation;

1. 4. critical areas;

1. 5. cultural resources;

1. 6. normal and existing public uses, public access, and recreational uses;

1. 7. natural channel hydrogeological and fluvial processes including flows, channel morphology, and sediment transport; and

1. 8. natural character and scenic vistas.

5. Proposed in-stream projects shall be assessed for impacts to:

1. 1. watershed functions and processes;

1. 2. ecological functions in the shoreline, including aquatic and shoreland vegetation, wildlife, and their aquatic life; and

1. 3. priority habitats and species.

6. All in-stream structures shall be located, designed, and constructed to protect:

1. 1. surface navigation and the public’s use of surface water or shoreline areas;

1. 2. public views;

1. 3. aquatic life and wildlife;

1. 4. the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration; and

1. 5. the natural channel morphology and river processes, including sediment transport and flows.

7. New over-water structures shall be allowed only for public access, ecological restoration, or water-dependent uses when the over-water location is necessary for the operation of the water-dependent use.

8. New over-water structures shall be limited to the minimum size necessary to support the structure’s intended use.

1. Multiple uses of over-water facilities shall be considered in order to reduce the impacts of development and increase effective use of water resources, provided that use conflicts can be avoided.

Date Passed: Monday, June 21, 2010

Effective Date: Monday, July 26, 2010

ORD C34605 Section 10