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A. Purpose: The shoreline management area is an area of concern for Kootenai County because certain activities within this area have the potential to impact water quality of adjacent water bodies due to their proximity. Therefore, special consideration of this area is provided herein to ensure that prior to, during, and after construction operations, water quality, aquatic habitat, and property are protected, while recognizing the rights of property owners to have appropriate use of their property and to be able to protect their property from erosion.
B. Applicability And Dimensions: A shoreline management area of twenty five feet (25') in slope distance landward of the ordinary high water mark of all recognized lakes, the Coeur d'Alene River, and the Spokane River, is hereby established. The shoreline management area shall be maintained as set forth in this section.
C. Ordinary High Water Marks:
1. For purposes of this article, ordinary high water marks shall be considered to be the following elevations according to the North American vertical datum of 1988 (NAVD88):
Coeur d'Alene Lake
Pend Oreille Lake
1. Equivalent to 2,128.0 per Avista (WWP) datum.
2. The ordinary high water marks for all other water bodies shall be determined by on site inspection of evidence of historical water levels.
D. Prohibited Activities:
1. Application of fertilizer to turf grass and storage of chemicals which may adversely affect water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds.
2. Mechanical ground disturbances, except as permitted in this section.
E. Permitted Activities: The following improvements and activities, including associated mechanical ground disturbances, are permitted within the shoreline management area:
1. Construction of stairways, walkways, stairway landings, and trams.
a. Except as permitted in subsection E1b of this section, one stairway or walkway, associated stairway landings, and a tram shall be allowed to encroach within a parcel's shoreline management area. One additional stairway or walkway, associated stairway landings, and a tram shall be permitted whenever a parcel exceeds two hundred fifty feet (250') of shoreline frontage as determined by the Kootenai County assessor or an Idaho licensed surveyor. One more additional stairway or walkway, associated stairway landings, and a tram shall be permitted for each two hundred fifty feet (250') of shoreline frontage thereafter.
b. Stairways, walkways, stairway landings and trams associated with a commercial marina or community dock, as those terms are defined in the rules for the regulation of beds, waters, and airspace over navigable lakes in the state of Idaho, IDAPA 20.03.04, or other commercial use permitted through the Idaho department of lands, shall be permitted to enable access to dock facilities as approved by IDL.
c. Stairways and walkways within the shoreline management area shall not exceed four feet (4') in width. Stairway landings within the shoreline management area shall not exceed six feet (6') in width or length. Stairways, walkways and stairway landings within the shoreline management area which are associated with a commercial marina, community dock, or other IDL permitted commercial use may exceed these dimensions only to the extent necessary to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.
d. Such structures shall not be constructed in a manner that is substantially parallel to the shoreline, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes or to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.
2. The repair, replacement, alteration, and relocation of existing site improvements, including, without limitation, landscaping, retaining walls, and shoreline protection revetments. If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.
3. Installation of water intake lines, pump houses, power lines, and similar linear infrastructure.
4. Removal of structures or debris created or deposited by wildfire, flooding, or other acts of nature.
5. Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement.
6. The use of mechanical and other equipment for removal of dead or dying trees, shoreline debris, and other similar activities related to routine maintenance.
7. Seating, picnic and barbecue areas, and recreational equipment which do not cause more than a de minimis disturbance of the shoreline management area.
8. Shoreline erosion control measures, including, without limitation, the following:
a. Willow wall construction;
b. Willow walls with a brush layer base;
c. Live cribwall construction;
d. Cordon construction;
e. Live fascine construction;
f. Cedar bender board fencing;
g. The use of coir fiber rolls (a natural fiber extracted from the husk of coconut) and native or noninvasive plant materials; or
h. The use of six (6) to twelve inch (12") cobble and angular stone along with overhanging native or noninvasive plant materials to keep the sun from heating rocks and water.
If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.
9. Routine pruning, trimming, and other well recognized horticultural and silvicultural practices.
10. The trimming of shrubs and removal of branches from trees for the purpose of creating a view corridor. Such activities may occur no lower than three feet (3') above ground level for shrubs, and no higher than one-third (1/3) of the height of each individual tree then existing within the parcel's shoreline management area. Such activities may encompass no more than one-third (1/3) of the linear footage of a parcel's shoreline management area.
11. Pervious pavers, wood or composite decking, and similar types of construction which do not concentrate runoff and do not cause more than a de minimis disturbance of the Shoreline Management Area.
12. Planting of native vegetation in conjunction with any remediation or vegetation modification activity permitted pursuant to this section is encouraged.
F. Development Exceptions Within The Shoreline Management Area:
1. Mechanical ground disturbances not associated with development and not otherwise permitted in subsection E of this section may be permitted within the shoreline management area, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work was performed by hand.
2. Development and associated mechanical ground disturbances may be permitted within the shoreline management area for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or shoreline stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must make the following findings:
a. The risk to water quality will be less than or equal to the risk if the work was performed by hand; and
b. The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or shoreline stabilization problem, or to complete the necessary maintenance, repair or replacement; and
c. Agencies with jurisdiction have been provided the opportunity to review and comment. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)