16.05.410 Shoreline stabilization | Covington Municipal Code

16.05.410 Shoreline stabilization.

Shoreline stabilization includes actions taken to address erosion impacts to property caused by natural processes, such as current, flood, wake or wave action. These actions include all structural and nonstructural methods.

(a) All clearing and grading activities associated with shoreline stabilization shall adhere to the requirements of the City’s code pertaining to land clearing and grading (Chapters 14.60 and 18.45 CMC) and the vegetation management provisions set forth in CMC 16.05.250.

(b) An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion caused by currents or waves. Where allowed, replacement shall be subject to the following standards:

(i) The replacement structure is designed, located, sized, and constructed and mitigation is provided as necessary to ensure no net loss of ecological functions.

(ii) Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing stabilization structure unless as provided below and in subsection (3)(c) of this section.

(iii) Where existing structural stabilization is replaced by soft shoreline stabilization using bioengineering techniques and results in a documented improvement of shoreline functions, such stabilization may be allowed waterward of the ordinary high water mark subject to State and Federal approvals.

(d) New structural (soft and hard) stabilization measures and enlargement of existing structural stabilization measures shall be limited to the minimum size necessary and shall be permitted only when it has been conclusively demonstrated through analysis in a geotechnical report prepared by a qualified professional that shoreline stabilization is necessary to protect existing primary structures, public improvements, ecological restoration projects or hazardous substance remediation projects from erosion, and that nonstructural measures, planting vegetation, or installing on-site drainage improvements are not feasible or not sufficient.

In such cases, soft structural solutions shall be used if feasible. The geotechnical report shall evaluate the necessity of structural stabilization measures by estimating time frames and rates of erosion (damage within three years), urgency of replacement, alternative solutions and other pertinent factors. Nonstructural solutions include (but are not limited to) soil bioengineering, beach enhancement, alternative site designs, drainage improvements and increased building setbacks (for proposed structures).

(f) All new shoreline development, including the division of land into new parcels, shall be located and designed to prevent the need for shoreline stabilization activities based on geotechnical analysis.

(g) New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis.

(h) New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas is prohibited, and where stabilization is allowed, impacts to sediment transport shall be avoided or minimized and stabilization measures shall be specifically designed so as not to create a need for shoreline stabilization elsewhere.

(i) Shoreline stabilization shall not significantly interfere with normal surface and/or subsurface drainage into adjacent or nearby water bodies.

(j) Shoreline stabilization shall be designed so as not to constitute a hazard to navigation and to not substantially interfere with visual access to the water.

(k) Public access shall be required as part of publicly financed shoreline stabilization measures unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigable 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.

(2) Soil Bioengineering. Soil bioengineering is the preferred “best practices” choice when considering shoreline stabilization. Soil bioengineering is the term given to the practice of using natural vegetative materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root systems, or other living plant material; fabric or other soil stabilization techniques; and limited rock toe protection, where appropriate. Bioengineering projects often include fisheries habitat enhancement measures such as anchored logs or root wads, in project design. Soil bioengineering techniques may be applied to shoreline areas and the upland areas away from the immediate shoreline.

(a) All soil bioengineering projects shall use native plant materials appropriate to the specific area including trees, shrubs, and groundcovers, unless demonstrated infeasible for the particular site.

(b) Unless more specific and restrictive critical area regulations apply, all cleared areas shall be replanted immediately following construction and irrigated (if necessary) to ensure that within three years all vegetation is 100 percent reestablished to achieve no net loss of ecological functions of the shoreline area. Areas that fail to adequately reestablish vegetation shall be replanted with approved plant materials until such time as the plantings are viable. Additional performance standards may be established by the Shoreline Administrator in administrative rules.

(c) Bank stabilization in the form of a vegetated buffer zone shall be maintained (e.g., weeding, watering, dead plant replacement) for a minimum of three years. The buffer zone shall exclude activities that could disturb the site. Where determined necessary by the Shoreline Administrator, fencing may be required to ensure protection of buffer plantings.

(d) All construction and planting activities shall be scheduled to minimize impacts to water quality and fish and wildlife aquatic and upland habitat, and to optimize survival of new vegetation.

(e) More specific and stringent performance standards, including relevant requirements from the City of Covington Critical Areas Regulations for shoreline jurisdiction, as set forth in CMC 16.05.230(2), may be required as a condition of permit issuance to ensure the proposal will result in no net loss of shoreline ecological functions.

(a) Bulkhead design and development shall conform to the general standards as set forth in subsection (1) of this section and all other applicable local, State, and Federal agency regulations.

(b) On shorelines where no other bulkheads are adjacent, the construction of a bulkhead shall tie in with the contours of the adjoining shorelines, as feasible, such that the proposed bulkhead shall not cause erosion of the adjoining properties.

(i) A replacement bulkhead protecting a primary residence may encroach waterward of the ordinary high water mark or existing bulkhead if the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such a case, the replacement bulkhead shall abut the existing shoreline stabilization structure.

(ii) Bulkheads may tie in flush with existing bulkheads on adjoining properties, provided that the new bulkhead does not extend waterward of the ordinary high water mark, except to the degree necessary to make the connection to the adjoining bulkhead. In such circumstances, the remaining portion of the bulkhead shall be placed landward of the existing ordinary high water mark such that no net loss of aquatic area occurs and the design complies with all other regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction.

(d) When a bulkhead is required at a public access site, provisions for safe public access to the water shall be incorporated into bulkhead design.

(e) Stairs or other permitted structures may be built into a bulkhead, but shall not extend waterward of the bulkhead.

(f) Fill landward of bulkheads shall be limited to an average of one cubic yard per linear foot of bulkhead. Any filling in excess of this amount shall be considered a regulated activity subject to the policies and regulations of this master program pertaining to fill activities and the requirement for obtaining a shoreline substantial development permit.

(a) New weirs shall be prohibited.

(b) Repair and maintenance of existing weirs shall be permitted; provided, that no more environmentally beneficial solution, including removal or modification of the weirs, is feasible.

(c) Replacement of existing weirs may be permitted; provided, that construction is conducted using natural materials and consistent with other applicable provisions of this master program.

(5) Breakwaters, jetties, and groins shall be prohibited.

(6) Shoreline stabilization using beach substrate enhancement shall be subject to the provisions of CMC 16.05.450, Shoreline habitat and ecological enhancement. (Ord. 09-19 § 6 (Exh. C))