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For the purposes of this chapter, utility facilities are structures used to produce or carry electric power, gas, sewage, water, storm water, oil and communications including, but not limited to telephone, personal wireless communications, radio and television.

(1) The following general regulations apply to utility facilities within shorelines:

(a) Utility facilities shall be located outside of shoreline jurisdiction whenever feasible. When located within shoreline jurisdiction, utility facilities shall result in no net loss of shoreline ecological functions;

(b) Utility facilities shall be designed and located as follows:

(i) Non-water dependent and non-water related above-ground generating facilities (except hydroelectric generating facilities), switching complexes, pumping stations, treatment plants, storage tanks, towers and substations shall be set back from the ordinary high water mark at least 200 feet;

(ii) Utility transmission facilities shall be located in existing rights-of-way whenever possible and cross shoreline jurisdiction by the most direct route feasible, unless an alternative route would result in less impact on shoreline ecological functions;

(iii) Utility facilities shall not parallel a water body unless located in an existing improved transportation or utility corridor, and provided that underground facilities do not adversely impact hyporheic exchange;

(iv) Utility transmission lines, pipes and wires entering or leaving a body of water, other than a river, shall be bored or buried below the surface of the water body’s bed from the ordinary high water mark out to a minimum water depth of minus ten feet (-10 feet) below mean lower low water. Directional boring, instead of excavation or trenching, is required where feasible;

(v) Utility transmission lines, pipes and wires shall be bored under a river, stream or channel migration zone, or permanently affixed to a bridge or other existing above-ground structure, where feasible;

(vi) Aerial utility lines and vertical utility facilities shall make maximum use of topography to minimize visual impacts on the surrounding area;

(vii) New AM radio towers are prohibited. AM radio towers either constructed before October 13, 2010, or with complete applications for all permits and approvals required for construction before October 13, 2010, shall not be considered nonconforming uses and they may be repaired, replaced, and reconfigured as to the number and dimensions of towers so long as the repair, replacement, or reconfiguration occurs on the parcel where the tower was originally constructed or permitted and it does not increase the number of AM radio towers constructed on the parcel. The design of vertical utilities such as communication towers shall not obstruct or destroy scenic views of the water. This may be accomplished by design, orientation and location of the tower, height, camouflage of the tower, or other features consistent with utility technology;

(viii) Banks and dikes where transmission facilities enter or leave a body of water shall be returned to their pre-construction configuration, shall be thoroughly compacted and protected against erosion, and shall be maintained in a safe condition by the utility; and

(ix) Utility facilities shall not be located on feeder bluffs or in critical saltwater habitat unless no feasible alternative exists and all adverse impacts can be mitigated.

(2) In addition to the general regulations in SCC 30.67.595(1), the following shoreline environment designation-specific regulations apply to utility facilities:

(a) Urban.

(i) Except as provided in SCC 30.67.595(2)(a)(ii), utility facilities are permitted; and.

(ii) Dams, power plants, and associated uses are prohibited in the Urban environment.

(b) Urban Conservancy.

(i) Transmission wires, pipes and supports are permitted when attached to a bridge or similar structure;

(ii) The following utility structures and facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities; and

(B) Transmission wires, pipes and supports, except as provided in SCC 30.65.595(2)(b)(i).

(iii) The following utility structures and facilities are prohibited:

(A) Dams, power plants and associated uses; and

(B) All other utility facilities not expressly identified in SCC 30.67.595(2)(b)(i) and (ii).

(c) Rural Conservancy.

(i) Transmission wires, pipes and supports are permitted; and

(ii) The following utility facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities;

(B) Dams, power plants and associated uses; and

(C) All other utility facilities not expressly identified in SCC 30.67.595(2)(c)(i).

(d) Resource and Municipal Watershed Utility.

(i) Transmission wires, pipes and supports are permitted; and

(ii) The following utility facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities;

(B) Dams, power plants and associated uses; and

(C) All other utility facilities not expressly identified in SCC 30.67.595(2)(d)(i).

(e) Natural.

(i) Transmission wires, pipes and supports when attached to a bridge or similar structure are permitted, otherwise such uses are conditionally permitted; and

(ii) Except as provided in SCC 30.67.595(e)(i), all other utility facilities are prohibited.

(f) Aquatic.

(i) Transmission wires, pipes and supports when attached to a bridge or similar structure are permitted, otherwise such uses are conditionally permitted.

(ii) Electromagnetic transmission and receiving facilities, including AM radio towers, are prohibited;

(iii) The following utility structures and facilities are conditionally permitted:

(A) Dams, power plants and associated uses; and

(B) All other utility facilities not expressly identified in SCC 30.67.595(2)(f)(i) and (ii). (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).