§ 30.61.050. Lateral Public Access.

A.

Where required pursuant to the provisions of this Chapter, the alignment of a lateral public access easement and the improvements required therein, shall be designed to ensure that the access way, once implemented, will provide the public with the permanent right of lateral public access and passive recreational use along the shoreline or public tideland as applicable.

B.

Active recreational use within a lateral public access easement may be appropriate in cases where the proposed development is determined to be especially burdensome on existing opportunities for lateral public access. Examples of cases involving especially burdensome impacts on opportunities for lateral public access include:

1.

The proposed development severely impacts existing public recreational use of the shoreline.

2.

The proposed development is not a visitor-serving recreational facility.

3.

There is a history of active public use of the site.

4.

Active recreational uses would be consistent with the use of the proposed project.

5.

Such uses would not significantly interfere with the privacy of residential uses on or adjacent to the property.

C.

Lateral access easements shall be legally conveyed and described as enumerated in this Chapter.