Current through Register Vol. 24-18, September 15, 2024
Suitable methods to identify and select an appropriate
stream bank protection technique are available in the department's
Integrated Streambank Protection Guidelines, as well as other
published manuals and guidelines.
(1)
Description:
(a) Stream bank and
lake shoreline erosion is a process where soil, gravel, and rock within the
bank of a waterway become mobilized by the flow or wave action of water. Stream
bank and lake shoreline erosion is a natural process that supplies the
materials necessary to create features such as beaches, gravel bars, and flood
plains. However, activities that alter the surrounding environment can greatly
increase the rate of erosion. One of the primary causes of accelerated erosion
is a reduction in the amount of vegetation within the riparian zone of a
watercourse or lake.
(b) Stream
bank protection and lake shoreline stabilization structures are permanent or
temporary structures constructed to reduce or prevent stream bank and shoreline
erosion. Structural techniques armor the bank with material such as riprap,
concrete, or timber. Biotechnical techniques attempt to mimic natural processes
by using live plantings, rootwads, and large woody material. Biotechnical
techniques usually impact fish life less than structural techniques. Some
projects integrate both structural and biotechnical techniques.
(2)
Fish life
concerns: Stream bank protection and lake shoreline stabilization alter
the bed or beach and the physical processes that form and maintain habitat that
supports fish life. Direct loss of habitat may include loss of aquatic
vegetation, spawning gravel, large woody material, riparian zone vegetation,
and flood plain connectivity as well as alteration of the channel/beach. These
losses and alterations decrease the complexity and diversity of
habitat.
(3)
Bank protection
and lake shoreline stabilization design - General:
(a) The department may require a person to
submit a qualified professional's rationale with the HPA application for a new
structure or a replacement structure extending waterward of the existing
structure or bankline. This requirement does not apply to projects that address
constriction, drop/weir scour or other scour caused by an existing structure.
The rationale for the proposed technique must include:
(i) An analysis performed by a qualified
professional assessing the level of risk to existing buildings, roads, or
services being threatened by the erosion;
(ii) Technical rationale specific to the
project design, such as a reach and site assessment to identify the mechanism
of the bank failure and cause of erosion; and
(iii) Evidence of erosion and/or slope
instability to warrant the work.
(b) Protect fish life and habitat that
supports fish life by using the least-impacting technically feasible
alternative. The common alternatives below are in order from most to the least
preferred:
(i) No action Natural channel
processes to occur;
(ii)
Biotechnical techniques;
(iii)
Combination of biotechnical and structural techniques; and
(iv) Structural techniques.
(c) The department may require a
person to incorporate large woody material or native vegetation into the design
of the structures as partial or complete mitigation for unavoidable impacts to
fish life.
(d) Restrict the area of
stream bank protection and lake shoreline stabilization to the least amount
needed to protect eroding banks.
(e) Where technically feasible, the toe of
the structure must be located landward of the OHWL, unless an alternative is
shown to have a net benefit to fish life and the habitat that supports fish
life. Large wood or other materials consistent with natural stream processes
can be placed waterward of the OHWL when approved by the department.
(f) The project must be designed to withstand
the maximum selected design flow for the project.
(4)
Stream bank protection
design:
(a) When the bankline of a
river or stream has changed as a result of meander migration or lateral
erosion, the current location of the bank must be maintained. If this new
alignment poses imminent threat to safety or structures or other improvement of
value, the department may grant an exemption on a case-by-case basis to
establish the bank alignment waterward of the current location to provide the
minimum footprint necessary to construct the bank protection
elements.
(b) The design of bank
protection projects must follow the mitigation sequence to protect fish life
and the habitat that supports fish life. The department will evaluate designs
on the basis of performance. Properly designed bank protection projects:
(i) Incorporate the ecological and
geomorphological processes acting at the site in the design;
(ii) Use a site and reach assessment to
understand the causes of erosion;
(iii) Recognize that natural bank erosion
processes and rates are essential for ecological health of the aquatic system
and ensure that the design includes bank treatments that allow for natural
rates of erosion to occur whenever feasible;
(iv) Move existing structures or other
improvements of value away from the eroding bank whenever feasible;
(v) Use design flows appropriate for the type
of protection and function of the individual bank protection
elements;
(vi) Use natural
materials whenever feasible, including large wood and vegetation;
(vii) Protect existing spawning and rearing
habitat and the processes that create and maintain it; and
(viii) Recognize that stream bank erosion
treatments can cause the need for more stream bank protection projects upstream
and downstream of the project site and understand that the design must prevent
or minimize these impacts to habitat that supports fish life and
property.
(5)
Lake shoreline stabilization design:
(a) If the OHWL reestablishes landward of a
lake shoreline stabilization structure, the department will consider this
reestablished OHWL to be the existing OHWL for permitting purposes. If the
breach was a result of storm damage or other natural conditions, the bank
protection structure may be repaired or replaced in the existing footprint if
the work is conducted within three years from the date the damage
occurred.
(b) The design of lake
shoreline stabilization projects must follow the mitigation sequence to protect
fish life and the habitat that supports fish life. The department will evaluate
designs on the basis of performance. To properly design bank protection
projects:
(i) Set back structures or other
improvements of value away from the eroding shoreline;
(ii) Remove existing rock and concrete
bulkheads whenever feasible;
(iii)
Use soft shore protection methods such as beach nourishment, large wood, bank
resloping, and revegetation;
(iv)
Prevent impacts to adjacent habitat that supports fish life; and
(v) Bury the base of the structure deep
enough to prevent undermining. Where scour depth is deep enough, choose a
design that adjusts to changing scour depth without compromising the function
of the bank protection.
(6)
Bank protection and lake shoreline
stabilization construction:
(a) The
department may require a person to establish the horizontal distance of the
structure from a permanent bench-mark(s) (fixed objects) before starting work
on the project. The benchmarks must be located, marked, and protected to serve
as a post-project reference for ten years.
(b) Do not release overburden material into
the waters of the state when resloping the bank.
(c) Do not use bed gravel for exterior armor
unless approved by the department.
(d) Bank protection or shoreline
stabilization material and filter blanket material must be placed from the bank
or a barge. Dumping material onto the bank face may occur only if the toe is
established and the material can be confined to the bank face.