18S.40.090 Recreation.
The intent of the Recreation policies and regulations is to accommodate civic and commercial recreational opportunities while achieving compatibility with other shoreline uses and development and ensuring no net loss of ecological function.
A. Applicability. This Section applies to public and private civic and commercial proposals intended for recreational use, except that for recreational uses where the principal use is to serve watercraft, PCC 18S.40.140, Water Access Facilities, shall apply.
B. Policies.
1. Give preference to developments that facilitate the public's ability to reach, touch, and enjoy the water's edge, to travel on the waters of the State, and to view the water and the shoreline.
2. Provide ample, varied, and balanced recreational experiences in appropriate shoreline locations.
3. Design facilities to accommodate expected capacity and to prevent overuse.
4. Locate recreational developments so that use and intensity are consistent with the characteristics of the shoreline in which they are located.
5. Discourage recreational development that requires extensive structures, utilities, roads, or substantial modifications of topography or vegetation removal.
6. Incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment, and the importance of public involvement in shoreline management.
7. Encourage linkage of shoreline parks, upland recreation opportunities and water-oriented opportunities.
8. Encourage the acquisition of public shoreline recreational lands through a variety of means including fee purchase, acquisition of easements, options, development rights, and implementation of the Conservation Futures Act.
9. Encourage coordination between public agencies and private developers in their plans and activities to provide a wide variety of recreational opportunities.
10. Discourage vehicular traffic on beaches and the water's edge.
C. Regulations.
1. Locations and designs requiring flood protection or shoreline stabilization should be avoided.
2. Impacts to abutting uses shall be addressed. Where issues of incompatibility arise such as security, noise, and view, impacts shall be reasonably mitigated. However, priority shall be given to providing recreation that benefits the general public.
3. When multiple recreational facilities are proposed, cumulative impacts shall be addressed.
4. Recreational water activities shall not impede the ability of watercraft to navigate past the site.
5. Swimming areas, underwater parks, and similar uses shall include safety provisions to warn boating traffic of their location.
6. Structures waterward of the ordinary high water mark (OHWM) shall be floating or on piling or other open-framework and shall be limited to those uses that require over-water facilities.
7. When allowed, vehicle use of beaches, streams, wetlands, and buffers shall be specifically designated and posted for such use.
8. Restrooms, refuse disposal, parking, maintenance, and similar facilities shall be provided consistent with the expected demand. Designs shall consider ways to prevent overuse of the site.
9. Over-water recreational structures that extend waterward from the water's edge shall not exceed 15 percent of the fetch.