1. In-water structures should be designed to minimize impacts to ecological functions of the water body including but not limited to water quality, anadromous and forage fish habitat, spawning and rearing areas, migration, and passage.

2. In-water structures should not adversely affect hydrologic function including light penetration within the photic zone, sediment transport and current and water circulation patterns.

3. The location and planning of in-water structures should give due consideration to the full range of public interests and environmental concerns.

4. In-water structures should comply with the requirements of applicable state and federal permitting agencies with jurisdiction and consider the recommendations of other nonregulatory organizations such as tribal nations and the Puget Sound Action Team.

5. Analysis of cumulative impacts of in-water structures should be conducted such that the connectivity between habitats for migrating salmonids is maintained and restored where feasible.

1. In-water structures shall not be placed within critical areas unless allowed per the provisions of this program.

2. New in-water structures shall be designed and constructed such that the result is no net loss of shoreline ecological function. New in-water structures shall not adversely affect hydrologic function, ability for light to penetrate within the photic zone, sediment transport and water-circulation patterns.

3. In-water structures that are associated with a water-dependent use are allowed and shall be subject to the requirements in this title.

4. When in-water structures require new shoreline modification or stabilization, those features shall be designed consistent with the requirements within BMC 22.08.120, Shoreline modifications/stabilization.

5. Creosote, arsenic and pentachlorophenol treated in-water structures shall be prohibited.

6. New in-water structures shall comply with the permitting requirements of the applicable agencies for such features including but not limited to the Washington State Department of Fish and Wildlife, the United States Army Corps of Engineers, the Department of Ecology, the Department of Natural Resources and the United States Coast Guard.

7. In-water structures that are an element of a larger project that would require removal of existing mature native vegetation shall not be permitted unless there is a substantial public benefit or mitigation provided.

8. In-water structures shall not impair or obstruct existing navigation channels or the public’s use of surface water or shoreline areas.

9. In-water structures shall not impair or conflict with navigability of water-dependent uses.

10. In-water structures shall not impair the public’s ability to have physical or visual access to the shoreline or obstruct scenic vistas.

11. Mooring buoys shall only be located in aquatic areas where there would be no adverse impact to aquatic resources and within areas that are managed by a local entity (city or port of Bellingham) via an agreement with the Washington State Department of Natural Resources (DNR). [Ord. 2013-02-005 § 2 (Exh. 1)].