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Dredging is the removal of material from a stream, river, lake, bay or other water body. The purposes for dredging might include navigation, remediation of contaminated materials, or material mining. Materials generated from navigational and remedial dredging may be suitable for beneficial reuse (e.g., construction of habitat features or construction of uplands) or may require disposal at appropriate disposal facilities.

A. Policies.

1. Dredging that involves remediation of contaminated materials should be consistent with the applicable policies within Chapter 70.105D RCW and the standards within Chapter 173-204 WAC, Sediment Management Standards.

2. Dredging within aquatic areas for the primary purpose of acquisition of fill material should not be allowed.

3. Navigational dredging should be permitted; provided, that it minimizes adverse impacts on critical area habitats, shoreline ecological function and water quality.

4. Dredging and beneficial reuse should be consistent with the guidance of the Bellingham Bay Demonstration Pilot Project Comprehensive Strategy and its associated Habitat Restoration Documentation Report, as amended or updated.

5. Where dredging occurs within marine waters for any purpose, except as specified in subsection (A)(2) of this section, the result should be suitable for establishment of a variety of aquatic organisms including salmonids and forage fish, with guidance provided by the Washington State Department of Fish and Wildlife, the United States Army Corps of Engineers and the city’s environmental resources department.

6. When maintenance dredging is necessary within the city’s freshwater systems in order to alleviate flooding, subsequent property damage and excessive fine sediments that prevent creation of redds, dredged material should be replaced with gravel/cobble that is suitable for anadromous fish spawning and rearing with guidance provided by the Washington State Department of Fish and Wildlife and the city’s environmental resources department, provided it does not interrupt or adversely affect the system in terms of capacity and velocity.

7. When dredging occurs within marine waters, sufficient notice should be publicized for those individuals or groups who crab, fish or manage aquaculture activities so that proper adjustments to schedule, timing or practices can be made.

B. Regulations.

1. Dredging that involves remediation of contaminated materials shall be consistent with the policies within Chapter 70.105D RCW and the applicable standards within Chapter 173-204 WAC, Sediment Management Standards, and all other applicable federal, state and local regulations.

2. Dredging requires a shoreline conditional use except for maintenance dredging, dredging to implement a hazardous substance remedial action under RCW 90.58.355 or, for habitat purposes, pursuant to subsection (B)(7) of this section. Dredging of contaminated materials shall be consistent with the conditional use criteria specified in BMC 22.06.050(C)(1) through (6), Conditional uses, and shall be demonstrated by the applicant/owner to be in compliance with said criteria.

3. Dredging, for any purpose, that occurs within the waters of Bellingham Bay or Lake Whatcom shall comply with the applicable requirements in Chapter 22.03 BMC, Jurisdiction, Maps and Environment Designations; Chapter 22.04 BMC, Shorelines of Statewide Significance; and this chapter, General Policies and Regulations.

4. Dredging within aquatic areas for the primary purpose of acquisition of fill material is prohibited unless for uses as specified in subsection (B)(5) of this section.

5. Beneficial reuse of dredged material shall be consistent with the guidance of the Bellingham Bay Comprehensive Strategy and its associated Habitat Restoration Documentation Report, as amended or updated.

6. Dredging within the city’s freshwater shorelines shall only be allowed if the completion of the action results in improved ecological functions and processes.

7. Dredging for the purposes of habitat enhancement, invasive species control and/or restoration when no contaminated material is disturbed is allowed and shall be subject to the applicable requirements in this title. [Ord. 2013-02-005 § 2 (Exh. 1)].