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A. Regulations. In addition to the policies and requirements in BMC 22.08.150, In-water structures, the following shall apply to piers, floats and pilings within the waters of Lake Whatcom and Lake Padden:

1. Piers shall not exceed a width of four feet.

2. Piers on Lake Whatcom shall not exceed the average length of five piers on either side located within an area having the same or similar bottom profile; provided, overall pier and float length shall not be greater than necessary to reach a water depth of 30 inches measured at elevation 311 feet MSL or an equivalent depth to provide a safe distance from the bottom for the intended vessel.

3. Piers on Lake Padden shall be of a length sufficient to provide safe depth for swimming, diving, or boat access; provided, overall pier and float length shall not be greater than necessary to reach a water depth for the intended purpose.

4. Floats including supports, decking and flotation device shall not exceed dimensions of eight feet by 16 feet (or the equivalent area) and shall be designed and installed with maximum of 60 percent of water surface coverage. Trex, Sundeck, Gator-Decking, Thru-flow panels or steel grating are examples of preferred materials for floats.

5. All float materials including supports, decking and flotation devices shall not include the use of any preservative treatment including but not limited to: creosote, arsenic, pentachlorophenol and ACZA (ammoniacal copper zinc arsenate). Note: Staff continues to research this issue as information is released from EPA and as recommended by professionals from in-water construction contractors. This research will yield a completed list of prohibited treatments. [Ord. 2013-02-005 § 2 (Exh. 1)].