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(1) Development within flood hazard areas shall be subject to the provisions of the City of Covington flood damage prevention regulations (Chapter 16.15 CMC) in addition to the provisions of this SMP.

(2) New development or uses in shoreline jurisdiction, including the subdivision of land, are prohibited when it is reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway during the life of the development.

(3) New structural flood hazard reduction measures in shoreline jurisdiction shall be permitted only when it can be demonstrated by a scientific and engineering analysis that:

(a) They are necessary to protect existing development;

(b) Nonstructural measures are not feasible;

(c) Impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss; and

(d) Appropriate vegetation conservation actions are taken consistent with CMC 16.05.250.

(4) New structural flood hazard reduction measures shall be placed landward of associated wetlands and designated shoreline buffers, except for actions that increase ecological functions, such as wetland restoration; provided, that such flood hazard reduction projects may be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible.

(5) New public structural flood hazard reduction measures, such as dikes or levees, shall dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and immitigable significant ecological impacts, unavoidable conflict with proposed use, or a cost that is disproportionate and unreasonable to the total long-term cost of the development. (Ord. 09-19 § 6 (Exh. C))