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(1) Purpose. The purpose of the aquatic overlay is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark.

(2) Designation Criteria. The aquatic overlay is defined as the area waterward of the ordinary high water mark of all streams and rivers, and other water bodies constituting shorelines of the state together with their underlying lands and their water column; but do not include associated wetlands and other shorelands shoreward of the ordinary high water mark. This designation is not found on the shoreline environment map, but shall be assigned based on the description above.

(3) Management Policies.

(a) Water-dependent uses and a limited range of water-oriented uses are allowed in the aquatic overlay, subject to provision of shoreline ecological enhancement and public access.

(b) New over-water structures are allowed only for water-dependent uses, public access, or ecological restoration and should be limited to the minimum necessary to support the structure’s intended use.

(c) Transportation and utility facilities and essential public facilities may be allowed for which no alternative location is feasible.

(d) Ecological enhancement is an allowed and preferred use. (Ord. 1373 § 46, 2014).