Chapter 30.67
SHORELINE MANAGEMENT PROGRAM

Sections:

PART 000 General.

30.67.010    Purpose.

30.67.020    Applicability.

30.67.030    Shoreline Management Program (SMP) - components and relationship to comprehensive plan.

30.67.040    Relationship to chapter 30.61 SCC - environmental impacts.

30.67.060    Relationship to Critical Area Regulations, chapters 30.62A, 30.62B, 30.62C and 30.65 SCC.

30.67.070    Relationship to other regulatory requirements.

PART 100 Procedures.

30.67.110    Amendments to the SMP.

30.67.120    Administration and enforcement.

PART 200 Shoreline designations and maps.

30.67.210    Shoreline environment designations.

30.67.220    Shoreline environment designation maps.

30.67.230    Shorelines of statewide significance.

PART 300 General regulations to comply with Shoreline Management Act goals.

30.67.310    Compliance required even when shoreline permit not required.

30.67.320    No net loss of shoreline ecological functions.

30.67.330    Public access.

30.67.340    Cultural, archaeological and historical resources.

30.67.350    Water quality, storm water, and nonpoint pollution.

PART 400 Shoreline uses and modifications - General regulations.

30.67.410    Use preference within shoreline jurisdiction - location.

30.67.420    Prohibited uses.

30.67.430    Allowed and conditional uses and modifications.

30.67.440    Reference notes for shoreline use and modification matrix.

30.67.450    Non-conforming uses or structures

30.67.460    Bulk standards.

30.67.470    Temporary emergency use, modification or structure.

PART 500 Specific shoreline uses and modifications.

30.67.501    Purpose.

30.67.505    Agriculture.

30.67.510    Aquaculture.

30.67.515    Boating facilities.

30.67.520    Breakwaters, jetties, groins and other in-water structures.

30.67.525    Commercial.

30.67.530    Dredging and spoil disposal.

30.67.535    Fill.

30.67.540    Flood protection measures.

30.67.545    Forestry.

30.67.550    Industry and ports.

30.67.555    Institutional.

30.67.560    Mining.

30.67.565    Recreation.

30.67.570    Residential.

30.67.575    Shoreline and bank stabilization.

30.67.580    Shoreline habitat restoration and enhancement.

30.67.585    Signs.

30.67.590    Transportation, circulation and parking.

30.67.595    Utility facilities.

30.67.599    Vegetation conservation and management.

PART 000 General.

30.67.010 Purpose.

The purpose of this chapter is:

(1) To implement the goals of the Shoreline Management Act (SMA) (chapter 90.58 RCW) and the state Department of Ecology’s implementing guidelines (chapter 173-26 WAC); and

(2) To provide a uniform basis for applying Snohomish County Shoreline Management Program (SMP) policies and development regulations within distinctive shoreline areas.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.020 Applicability.

This chapter applies to all land uses, modifications, development activities, actions requiring project permits or approvals, clearing and agricultural activities as per RCW 90.58.065 within the county’s shorelines of statewide significance, shorelines and shorelands.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.030 Shoreline Management Program (SMP) - components and relationship to comprehensive plan.

(1) The SMP consists of the following three components:

(a) A document titled Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations;

(b) A series of 44 maps indexed by township and range and originally compiled at a scale of 1:24,000 that comprise the official delineation of the county’s shoreline jurisdiction and assignment of shoreline environment designations;

(c) Shoreline regulations contained in this chapter; and

(d) Critical area regulations in chapters 30.62A, 30.62B and 30.62C SCC as adopted in Amended Ordinance 06-061 on August 1, 2007, and chapter 30.65 SCC as adopted in Amended Ordinance 07-005 on February 21, 2007.

(2) The goals and policies of the SMP are considered an element of the comprehensive plan pursuant to SCC 30.10.065.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.040 Relationship to chapter 30.61 SCC - environmental impacts.

Shoreline protective measures required by this chapter shall constitute adequate mitigation of adverse or significant impacts on shoreline ecological functions pursuant to chapter 30.61 SCC when such a determination is made under RCW 43.21C.240.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.060 Relationship to Critical Area Regulations, chapters 30.62A, 30.62B, 30.62C and 30.65 SCC.

(1) Critical areas located within shoreline jurisdiction are subject to the regulations contained in chapters 30.62A, 30.62B, 30.62C, as adopted by Amended Ordinance No. 06-061 August 1, 2007, and 30.65 SCC as adopted by Amended Ordinance No. 07-005 on February 21, 2007, except as modified by SCC 30.67.060(2).

(2) The following provisions in chapter 30.62A SCC are modified as described for critical areas located within shoreline jurisdiction:

(a) SCC 30.62A.540 relating to reasonable use does not apply;

(b) When public access is required pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., access design requirements necessary to meet the ADA shall supersede the requirements of SCC 30.62A.320(2)(d);

(c) Notwithstanding the provisions in SCC 30.62A.610 and SCC 30.62B.510, agricultural activities within shoreline jurisdiction and which are subject to the provisions in the Shoreline Management Act per RCW 90.58.065 shall protect critical areas pursuant to the requirements in SCC 30.62A, Part 600 and 30.62B, Part 500;

(d) When the setback deviation provisions of SCC 30.62B.340(2)(b) are utilized for a project proposal, a shoreline variance permit is required;

(e) When the single family residential development exception in buffers provisions in SCC 30.62A.520 are utilized for a project proposal, the following additional conditions apply:

(i) A shoreline variance permit is required when over 2,500 square feet of buffer is disturbed; and

(ii) A shoreline variance permit is required for expansion of an existing single family residence or accessory structure;

(f) In addition to the provisions in SCC 30.62B.330(3), the following activities are allowed within channel migration zones: restoration or enhancement of shoreline ecological functions; and mitigation for impacts to shoreline ecological functions, including but not limited to mitigation banks;

(g) New single family residential development, expansions of existing single family residences and ordinary residential improvements on existing lots allowed in buffers under SCC 30.62A.520 shall require enhancement of existing buffers based on the criteria in SCC 30.62A.520(11) and shall meet these additional requirements:

(i) Vegetation enhancement efforts shall ensure that the final vegetation condition is capable of mitigating impacts and maintaining existing ecological functions.

(ii) If the shoreline is unmodified and/or the vegetation is relatively intact, the mitigation plan shall provide alternatives, such as out-of-kind mitigation by restoring other degraded ecological functions, or by using off-site mitigation.

(iii) Where modifications such as fill, armoring, patios, etc., have been placed in the buffer, these modifications shall be removed or reduced to the extent necessary to mitigate impacts on the buffer. As guidance, non-water-dependent facilities such as patios should be removed, accesses should be reduced to the minimum needed to provide access, and armoring should be replaced with natural vegetation or non-structural measures;

(h) When buffer reduction provisions of SCC 30.62A.320(1)(f) or (g) are utilized for a project proposal, the maximum allowed reduction is 25percent of the standard buffer width contained in SCC 30.62A.320(1)(a). Buffer reduction in excess of 25% of the standard buffer width require a shoreline variance permit; and

(i) The provisions in SCC 30.62A.630(1)(c)(i) and 30.62B.530(1)(c)(i) do not apply within shoreline jurisdiction.

(3) Except as specifically modified by SCC 30.67.060(2), where there are conflicts between the provisions of this chapter and the provisions of chapters 30.62A, 30.62B, 30.62C and 30.65 SCC, the more ecologically protective provision shall apply.

(4) When the innovative development design provisions of SCC 30.62A.350 are utilized for a project proposal, a shoreline variance permit is required, except that projects solely for ecological restoration or enhancement using the provisions of SCC 30.62A.350 are not required to obtain a shoreline variance permit.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.070 Relationship to other regulatory requirements.

The project proponent is responsible for complying with all applicable federal, state, and local regulations. Compliance with the SMP does not necessarily constitute compliance with other regulations and permit requirements that may apply within shoreline jurisdiction. Where other agencies or entities have concurrent jurisdiction over the proposed development and the department determines that the permit conditions imposed by such agencies or entities satisfy the requirements of this chapter, those permit conditions may be relied upon for the purpose of determining compliance with the requirements of this chapter.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 100 Procedures.

30.67.110 Amendments to the SMP.

(1) Amendments to the SMP will be processed as Type 3 legislative decisions pursuant to chapter 30.73 SCC.

(2) Amendments to the SMP may be proposed under the provisions of SCC 30.74.

(3) Any locally approved amendments to the SMP will not become effective until approved by the state Department of Ecology.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.120 Administration and enforcement.

(1) Shoreline permit requirements and processes are regulated pursuant to chapter 30.44 SCC.

(2) Shoreline permit and review fees are established in chapter 30.86 SCC.

(3) The provisions of the SMP will be enforced under the provisions of chapter 30.85 SCC.

(4) The provisions listed in SCC 30.67.120(1) through (3) are not components of the SMP.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 200 Shoreline designations and maps.

30.67.210 Shoreline environment designations.

(1) The county has designated shorelines pursuant to chapter 90.58 RCW by defining them, providing criteria for their identification and establishing the shoreline ecological functions to be protected. Project proponents are responsible for determining whether a shoreline exists and is regulated pursuant to this chapter. The department will verify on a case-by-case basis the presence of shorelines identified in shoreline applications. Specific criteria for the designation of shorelines areas are contained in section 2.2 of the Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations, and in SCC 30.67.220.

(2) The SMP classifies shorelines into one of seven shoreline environment designations consistent with the purpose and designation criteria in section 2.2 of the Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations. The seven shoreline environment designations include: Aquatic, Natural, Resource, Municipal Watershed Utility, Rural Conservancy, Urban Conservancy and Urban.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.220 Shoreline environment designation maps.

(1) The shoreline environment designation maps generally depict the location of shoreline jurisdiction, however, the determination of whether a specific site is within shoreline jurisdiction is determined case-by-case based on the property’s location and physical characteristics and features. For property determined to be located within shoreline jurisdiction and not designated on the official maps and not subject to SCC 30.67.220(2), the shoreline environment designation shall be based on the shoreline environment designation criteria and the following additional criteria as applicable:

(a) Property or portions of property, including associated wetlands, located waterward of the ordinary high water mark (OHWM), shall be considered Aquatic;

(b) Property or portions of property located landward of the OHWM on bars and islands on rivers and streams shall be considered Natural;

(c) Property or portions of property located landward of the OHWM and within an urban growth area shall be considered Urban and subject to further review for designation as Urban Conservancy based on the criteria in section 2.2.6 of Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations;

(d) Property or portions of a property located landward of the OHWM and outside of an urban growth area, and not zoned A-10, F, F&R, or MC, shall be considered Rural Conservancy and subject to further review for designation as Natural based on the criteria in section 2.2.2 of Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations;

(e) Property or portions of a property located landward of the OHWM and outside of an urban growth area and zoned A-10, F, F&R, or MC, shall be considered Resource and subject to further review for designation as Natural based on the criteria in section 2.2.2 of Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations; and

(f) Associated wetlands located landward of the ordinary high water mark (OHWM) shall be designated consistent with the adjacent designation of the associated shoreland.

(2) Non-federal lands lying within the exterior boundaries of federal lands and those federal lands leased by the federal government to other persons, which fall within the definition of shorelines of the state or shorelands and are subject to the county’s SMP, shall be designated as follows:

(a) The Aquatic shoreline environment shall be applied below the ordinary high water mark;

(b) The Natural shoreline environment shall be applied to all shoreline jurisdiction above the ordinary high water mark when federal lands are within a designated wilderness area; and

(c) The Resource shoreline environment designation shall be applied to all shoreline jurisdiction not meeting the criteria in 30.67.220(2)(a) or (b).

(3) Unless otherwise specified by the shoreline environment designation criteria or other established points, lines, or features, the designation boundary lines are the ordinary high water mark of water bodies, and the centerlines of rights-of-way, public alleys, parkways, or railroad rights-of-way.

(4) Shoreline environment designations shall not change as a result of the vacation of a right-of-way, a road or an alley.

(5) All shoreline boundary determinations shall be consistent with the designation criteria for the shoreline environment designations.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.230 Shorelines of statewide significance.

In Snohomish County, shorelines of statewide significance include: Lake Stevens, Spada Lake, Sauk River, North and South Forks of the Stillaguamish River, Snohomish River, Skykomish River (including North Fork), Snoqualmie River, Skagit Bay, Stillaguamish River Estuary and the Snohomish River Estuary. Also included as shorelines of statewide significance are the non-tideland areas of the unincorporated portions of the Puget Sound, Possession Sound, Port Gardner, and Port Susan.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 300 General regulations to comply with Shoreline Management Act goals.

30.67.310 Compliance required even when shoreline permit not required.

All proposed land uses, modifications, development, clearing or new agricultural activities occurring within shoreline jurisdiction, including any development exempt from obtaining a shoreline substantial development permit pursuant to SCC 30.44.120, must conform to the Shoreline Management Act and the SMP goals and policies unless not subject to the Shoreline Management Act pursuant to SCC 30.44.020.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.320 No net loss of shoreline ecological functions.

(1) All proposed land uses, modifications, development or new agricultural activities shall be designed and conducted to achieve no net loss of shoreline ecological functions as defined in WAC 173-26-201(3)(d)(i)(C).

(2) Project proponents shall make all reasonable efforts to avoid and minimize impacts to wetlands, fish and wildlife habitat conservation areas, and their buffers as required under SCC 30.62A.310(3)(a).

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.330 Public access.

(1) Unless the conditions in 30.67.330(2) apply, provision of public access to the water is required for all new private and public developments, including land division, with the exception of the following:

(a) Single family dwellings; duplexes; single family detached units, townhouses, and condominiums creating four or few parcels or dwelling units; and multi-family developments of four or fewer lots or dwelling units; and

(b) Agricultural/ranching activities other than dikes.

(2) Provision of public access will not be required when at least one of the following conditions apply:

(a) Hazards to public health, safety or site security exist which cannot be alleviated by site planning and design or by restricting hours of public access;

(b) Provision of public access would result in significant adverse impacts to shoreline ecological functions that cannot be mitigated on-site; or

(c) The requirement of providing public access for a particular project violates constitutional standards related to nexus and rough proportionality.

(3) Provisions for public access are subject to the following standards:

(a) Except as restricted pursuant to SCC 30.67.330(3)(e), public access shall be a physical improvement in the form of any one or combination of the following: walkway, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat-launching ramp, transient moorage, or other areas serving as a means of view or physical approach to public waters for the public. Public access may also include, but not be limited to, interpretive centers and displays explaining historical events or shoreline ecology;

(b) The minimum public access shall consist of an improved walkway at least five feet wide on an easement ten feet wide, leading from the street or from a public walkway directly to a waterfront use area or to an area on the property from which the water and water activities can be observed. There shall be no significant obstruction of the view from this viewpoint;

(c) Maintenance of the public access shall be the responsibility of the owner or developer;

(d) Public access sites shall be available for public use at the time of first occupancy or use of the development or activity;

(e) While docks, piers and other permanent moorages are not allowed in the Urban Conservancy or Natural shoreline environment designations, or the Aquatic shoreline environment designation adjacent to the Urban Conservancy or Natural shoreline environment designations, floating walkways or other similar over-water pedestrian structures facilitating access to observation points or viewing areas are permitted provided they are constructed to minimize alteration of natural conditions; and

(f) All subdivisions required to provide public access pursuant to SCC 30.67.570(1)(e) that border publicly-owned or controlled shorelines shall provide at least one dedicated public access to the publically-owned or controlled shoreline.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.340 Cultural, archaeological and historical resources.

(1) Developers and property owners shall immediately stop work and notify the county, the state office of archaeology and historic preservation and affected Indian tribes if archaeological resources are uncovered during excavation.

(2) Permits issued in areas documented to contain archaeological resources shall require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.350 Water quality, storm water, and nonpoint pollution.

Where chapters 30.63A or 30.63B SCC allow alternative measures or facilities to protect water quality, manage stormwater or prevent nonpoint pollution, the county will evaluate the alternatives based on the following criteria:

(1) The alternatives must be consistent with the shoreline management policies for the appropriate shoreline environment designation in section 2.2 of Snohomish County Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations; and

(2) The alternative that provides the greatest level of protection of shoreline ecological functions shall apply.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 400 Shoreline uses and modifications - General regulations.

30.67.410 Use preference within shoreline jurisdiction - location.

(1) All shoreline uses, development or modifications located entirely or in part 200 feet or less from the ordinary high water mark or floodway, whichever is closer, unless separated from the shoreline of the state by another property or a public right-of-way, are subject to the following requirements:

(a) They must be or support an allowable primary shoreline use in conformance with the provisions of the SMP. Development that is not related or incidental to a conforming shoreline use is prohibited, except as provided in SCC 30.67.410(1)(c);

(b) Commercial or industrial primary shoreline uses or development must be water-oriented uses or development subject to the provisions of SCC 30.67.525 or SCC 30.67.550 as applicable; and

(c) Shoreline modifications are allowed when necessary to protect existing legally established non-conforming uses or primary structures provided the modification is consistent with the provisions of this chapter.

(2) Uses, development or modifications in portions of shoreline jurisdiction entirely located more than 200 feet from the ordinary high water mark or floodway, whichever is closer, or separated from the shoreline of the state by another property or a public right-of-way, shall be deemed to have no use connection with the water body. These developments shall be subject to all other policies and regulations of this chapter except the policies and regulations of this SMP which require:

(a) The use or development to be water-oriented; and

(b) Provision of public access.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.420 Prohibited uses.

The following uses are prohibited in shoreline jurisdiction:

(1) Asphalt batch plant and continuous mix asphalt plant;

(2) Major auto repair;

(3) Auto wrecking yard or junk yard;

(4) Billboards and animated signs;

(5) Commercial vehicle storage facility;

(6) Distillation of wood, coal or bones or manufacturing of their by-products;

(7) Explosive manufacturing or storage;

(8) Floating homes;

(9) Forestry industry storage and forestry equipment maintenance facility, except log storage;

(10) Forge, foundry, blast furnace or melting of ore;

(11) Fuel or coal yard;

(12) Hazardous waste storage or treatment facilities;

(13) Storage or refining of petroleum products or gas;

(14) Rolling or blooming mills;

(15) Sanitary landfill;

(16) Sludge utilization;

(17) Stockyard or slaughter house;

(18) Tannery;

(19) Tar distillation or manufacturing;

(20) Transit center; and

(21) Woodwaste recycling or storage, including temporary activities except when in conjunction with an approved shoreline ecological restoration or soil bioengineering project.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.430 Allowed and conditional uses and modifications.

(1) The shoreline uses and shoreline modifications identified in Table 1 are either permitted, conditionally allowed or prohibited within the specific shoreline environment designation as indicated by the following:

(a) "P" indicates that the use or modification is permitted;

(b) "C" indicates that the use is allowed subject to a shoreline conditional use permit;

(c) "P or C" indicates that the overwater portion of the use or modification is permitted in the Aquatic shoreline environment designation where permitted in the adjacent upland environment, subject to a shoreline conditional use permit in the Aquatic shoreline environment designation where conditional in the adjacent upland environment and prohibited in the Aquatic shoreline environment designation where prohibited in the adjacent upland environment; and

(d) A blank cell in the table indicates that the use or modification is prohibited in that specific shoreline environment.

(2) Compliance with chapters 30.22 and 30.23 SCC is also required.

(3) Uses and modifications identified in Table 1 are subject to the shoreline use and modification development standards in Part 500 of this chapter. If there is a conflict between the information in SCC 30.67.430, Table 1, and the specific use and modification regulations in SCC 30.67, Part 500, the requirements of SCC 30.67, Part 500 shall prevail.

(4) The department may condition shoreline permits or approvals for uses or modifications as necessary to ensure compliance with:

(a) Chapter 90.58 RCW and the provisions in this chapter;

(b) The policies in the Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations; and

(c) Any other applicable federal, state and local rules and regulations.

(5) Uses or modifications not listed in SCC 30.67.420 or 30.67.430(1), Table 1, must obtain a shoreline conditional use permit even though the use or modification may not require a shoreline substantial development permit.

 

30.67.430 - Table 1: Shoreline Use and Modification Matrix
 

Land use or modification

Shoreline Environment Designation

Urban

Urban Conservancy

Rural Conservancy

Resource

Municipal Watershed Utility1

Natural

Aquatic2

Agricultural activities 3

P

P

P

P

 

C

C

Manure lagoons

C

 

P

P

 

 

 

Livestock flood sanctuaries

P

C

P

P

 

 

 

Aquaculture 4,12

 

 

 

 

 

 

 

Non-Commercial Activities (non-processing) 36

P

P

P

P

P 35

P

P

Commercial Activities (non-processing)

C

 

C

C

 

 

C 7, 37

Processing 7

C

 

C

C

P 35

 

P 7

Boating Facilities: 4, 13

 

 

 

 

 

 

 

Marina

P

 

C

 

 

 

C

Yacht / boat club

P

 

C

 

 

 

C

Boat launch facility

P

 

P

P

 

 

P or C

- Boat launch facility (boat ramp only)

P

C

P

P

P

C

P or C

Dock (private)

P

C

P

C

 

 

P or C

Boathouse (private)

P

 

P

C

 

 

P or C

Dock / pier / boathouse (public, commercial)

P

 

P

C

 

 

C

Floats, mooring buoys

P

C

P

P

 

 

P or C

Breakwaters, jetties, groins, other in-water structures 4, 5, 14

C, P

P

C, P

C, P

P

C

C, P

Commercial 10, 15

P

 

P

P

 

 

C

Dredging 4, 16

 

 

 

 

C

 

C

Dredge spoil disposal 4, 16

C

C5

C

C

C

C5

C

Fill 4, 17

P

C, P5

P

P

P

C, P5

C, P5

Flood protection: 4, 18

 

 

 

 

 

 

 

Non-structural

P

P

P

P

P

P

C, P5

Structural 11

P

P5

P

P

P

 

C, P5

Forestry 8, 19

P, C

P, C

P, C

P, C

P, C

P, C

C30

Industrial and Ports 10, 20

P

 

P

P

 

 

C

Institutional uses 21

P

 

P

C

 

 

C

Mining 6, 22

C

C

C

C, P9

C, P9

C

C

Pedestrian access 23

 

 

 

 

 

 

 

Trails

P

P

P

P

P

P

 

Elevated or Floating walkways 4

P

P

P

P

 

 

P

Stairways, trams

P

C

P

P

 

 

 

Recreation 24

P

P

P

P

P

P

P

Residential 25

 

 

 

 

 

 

 

SFR, MH

P

P

P

P

 

C

 

Duplex

P

C

P

P

 

 

 

MF, townhouse, Single-Family Detached Units

P

 

 

 

 

 

 

Mobile home park

P

C

C

C

 

 

 

Houseboat, Live-aboard vessel

 

 

 

 

 

 

P31

Floating Home

 

 

 

 

 

 

 

Shoreline / bank stabilization: 4, 26

 

 

 

 

 

 

 

Nonstructural

P

P

P

P

P

C

C, P5

Structural 5, 11

C, P

P

C, P

C, P

C, P

 

C, P

Shoreline habitat restoration or enhancement 27, 34

P

P

P

P

P

P

P

- Mitigation Banks 34

C

C

C

C

 

 

C

Transportation facilities 28

 

 

 

 

 

 

 

Bridges

P

C

P

P

C, P32

 

C33, P32

Roads

P

C

P

P

C, P32

 

 

Parking (incidental to use only)

P

C

P

P

C

C

 

Utility facilities 29

 

 

 

 

 

 

 

Electromagnetic transmission and receiving facilities (generally)

P

C

C

C

C

 

 

Transmission wires, pipes, supports (generally)

P

C

P

P

P

C

C

- transmission wires or pipes when suspended from bridge or other similar structures (specifically)

P

P

P

P

P

P

P

Dams, power plants and associated uses

 

 

C

C

C

 

C

All other utility facilities

P

 

C

C

C

 

C

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 13-098, December 11, 2013, Eff date May 27, 2014)

30.67.440 Reference notes for shoreline use and modification matrix.

(1) Uses in Municipal Watershed Utility are limited to utility uses associated with the hydroelectric project, reservoir water storage, forest practices and recreation as limited by the utility purveyor’s Federal Energy Regulatory Commission (FERC) license. This area is zoned exclusively as Forestry (F).

(2) Only those water-dependent portions of the use that require an over-water or in-stream location are allowed in the Aquatic shoreline environment designation. Unless otherwise specified in SCC 30.67, Part 500, such uses are allowed in the Aquatic shoreline environment designation only if the use is allowed in the adjacent upland shoreline environment designation(s).

(3) Agricultural uses are subject to the requirements in SCC 30.67.505.

(4) Uses or modifications are not allowed in critical salt water habitat unless in conjunction with ecological restoration or enhancement projects, except as otherwise provided in SCC 30.67.510.

(5) Shoreline modifications are permitted only when in conjunction with ecological restoration or enhancement projects located outside of the Natural and adjacent Aquatic environments.

(6) Mining activities within shoreline jurisdiction are limited to the activities allowed pursuant to SCC 30.67.560(1)(a). Mining within the Aquatic shoreline environment designation is also subject to the conditions in SCC 30.67.530 - Dredging. Mining for the sole purpose of removing mineral resources for commercial sales or processing is prohibited in shoreline jurisdiction.

(7) Aquaculture processing in the Aquatic shoreline environment is limited per the requirements in SCC 30.67.510(2)(g)(iii).

(8) A conditional use permit is required for timber harvest exceeding 30 percent of the timer volume within 200 feet landward of the ordinary high water mark of shorelines of statewide significance pursuant to SCC 30.67.545(1)(a).

(9) Mining activities related to forest practices as defined in SCC 30.67.560(1)(a) are permitted in the Resource or Municipal Watershed Utility shoreline environment designations when over 200 feet from the OHWM and outside of the channel migration zone. Removal of mineral resources deposited within the previous 12-month period on designated farmlands due to recent flood events is permitted in the Resource shoreline environment designation under SCC 30.67.540(2)(d).

(10) Non-water dependent commercial and industrial uses within shoreline jurisdiction shall be strictly limited under SCC 30.67.525(1)(b) and 30.67.550(1)(b).

(11) Structural flood protection and structural shoreline or bank stabilization measures are allowed only when non-structural measures would be inadequate as documented by a geotechnical report required pursuant to SCC 30.67.540(1) or 30.67.575(1). If a flood protection structure is in or near the water, it must also meet the requirements for shoreline stabilization.

(12) Aquaculture uses are subject to the requirements in SCC 30.67.510.

(13) Boating facilities are subject to the requirements in SCC 30.67.515.

(14) Breakwaters, jetties, groins, other in-water structures are subject to the requirements in SCC 30.67.520.

(15) Commercial uses are subject to the requirements in SCC 30.67.525.

(16) Dredging and spoil disposal are subject to the requirements in SCC 30.67.530.

(17) Fill is subject to the requirements in SCC 30.67.535.

(18) Flood protection measures are subject to the requirements in SCC 30.67.540.

(19) Forestry is subject to the requirements in SCC 30.67.545.

(20) Industrial uses and ports are subject to the requirements in SCC 30.67.550.

(21) Institutional uses are subject to the requirements in SCC 30.67.555.

(22) Mining is subject to the requirements in SCC 30.67.560.

(23) Pedestrian access is subject to the requirements in SCC 30.67.330.

(24) Recreation is subject to the requirements in SCC 30.67.565.

(25) Residential uses are subject to the requirements in SCC 30.67.570.

(26) Shoreline and bank stabilization measures are subject to the requirements of SCC 30.67.575.

(27) Shoreline habitat restoration and enhancement are subject to the requirements of SCC 30.67.580. Notwithstanding SCC 30.67.430(2), shoreline habitat restoration or enhancement projects do not have to be identified on the use matrices in chapter 30.22 SCC to be permitted in shoreline jurisdiction.

(28) Transportation facilities are subject to the requirements of SCC 30.67.590.

(29) Utility facilities are subject to the requirements of SCC 30.67.595.

(30) Timber removal from the Aquatic shoreline environment designation is subject to the requirements in SCC 30.67.545(2).

(31) Moorage of houseboats used as a primary residence and live-aboard vessels are permitted only in marinas or in waters of the state subject to a lease or permission from the state Department of Natural Resources. See SCC 30.67.570(2)(g).

(32) Roads and bridges constructed for forest practices in accordance with Title 222 WAC are permitted in the Municipal Watershed Utility environment. Bridges constructed for forest practices in accordance with Title 222 WAC are permitted in the Aquatic environment except when the adjacent environment is designated Natural.

(33) Bridges are conditionally permitted in the Aquatic environment provided they are permitted or conditionally permitted in the adjacent upland environment.

(34) Mitigation banks are subject to the requirements in SCC 30.62A.550. Notwithstanding SCC 30.67.430(2), mitigation banks do not have to be identified on the use matrices in chapter 30.22 SCC to be permitted in shoreline jurisdiction. Restoration, enhancement, mitigation activities and mitigation banks are allowed within the channel migration zone per SCC 30.67.060(2)(f).

(35) Aquaculture activities on Spada Lake are limited per the requirements in SCC 30.67.510(2)(e).

(36) Non-commercial aquaculture harvest activities, as defined in SCC 30.91A.255, are allowed in all shoreline environments and are not required to obtain shoreline permits.

(37) Commercial aquaculture activities in the Aquatic shoreline environment are limited per the requirements in SCC 30.67.510(2)(g)(ii).

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 13-098, December 11, 2013, Eff date May 27, 2014)

30.67.450 Non-conforming uses or structures

The following requirements apply to uses or structures nonconforming to the shoreline regulations in this chapter, which do not meet the criteria in SCC 30.44.125 and which were lawfully constructed or established prior to the effective date of the Shoreline Management Act (SMA) or the SMP, or amendments thereto, but which do not conform to present regulations or standards of the SMP or policies of the SMA. These provisions apply to nonconforming uses or structures in the shoreline jurisdiction in place of SCC 30.28.070 through SCC 30.28.075 and WAC 173-27-080.

(1) Continuance: Any legally established use or structure nonconforming to the shoreline regulations in this chapter is permitted to remain in the form and location in which it existed on the effective date of the nonconformance.

(2) Redevelopment or remodel. SMP nonconforming uses or structures may not be enlarged or increased in any way, including expanded building footprint or increased height, increased use intensity, or altered in any way which increases their nonconformity. A nonconforming structure or use may be moved or relocated on the same parcel provided that the degree of nonconformance with the SMP and the SMA is reduced and further provided that the move or relocation results in improved protection for shoreline ecological functions.

(3) Restoration and replacement: If a nonconforming structure is damaged to an extent not exceeding 75 percent of the replacement cost of the original structure, it may be reconstructed to the extent it existed immediately prior to the time the structure was damaged or to a smaller configuration or in a different location on the same parcel which reduces the degree of nonconformity, so long as restoration is completed within one year of the date of damage. Documentation of the date and extent of damage shall be required prior to issuance of new permits.

(4) Abandonment: If a nonconforming use is discontinued for twelve consecutive months, any subsequent use shall be conforming. The mere presence of a structure, equipment, or material shall not be deemed to constitute the continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use. It shall not be necessary to show that the owner of the property intended to abandon such nonconforming use in order for the nonconforming rights to expire.

(5) Non-conforming uses and structures which meet the criteria in SCC 30.44.125 are subject to the shoreline substantial development permit requirements in chapter 30.44 SCC.

(6) A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities.

(7) A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit.

(a) A conditional use permit may be approved only upon a finding that:

(i) No reasonable alternative conforming use is practical; and

(ii) The proposed use will be at least as consistent with the policies and provisions of the act and the SMP and as compatible with the uses in the area as the preexisting use.

(b) In addition such conditions may be attached to the permit as are deemed necessary to assure compliance with the findings in SCC 30.67.450(6)(a), the requirements of the SMP and the SMA and to assure that the use will not become a nuisance or a hazard.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.460 Bulk standards.

(1) No permit shall be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines, except where the SMP does not prohibit the same and then only when overriding considerations of the public interest will be served.

(2) In the Urban Conservancy, Rural Conservancy, Resource and Natural shoreline environment designations, lot coverage is limited to 10 percent of effective impervious surface.

(3) In the Urban Conservancy, Rural Conservancy and Natural shoreline environment designations, building height is limited to a maximum of 35 feet.

(4) Except in the Urban environment, the minimum lot width fronting shoreline waters shall be 200 feet unless a greater minimum width is specified pursuant to SCC 30.23.030(1); provided, that this provision shall not apply to legal lots existing prior to September 30, 2010.

(5) Use-specific or modification-specific bulk standards may also be required pursuant to part 500 of this chapter.

(6) Unless otherwise specified in this chapter, bulk standards are regulated pursuant to chapter 30.23 SCC. Additional setback or buffer requirements for critical areas are required pursuant to chapters 30.62A and 30.62B SCC.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013)

30.67.470 Temporary emergency use, modification or structure.

In emergency situations, as defined pursuant to SCC 30.91E.100, construction of a temporary use, modification or structure may be allowed in accordance with SCC 30.44.280.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 500 Specific shoreline uses and modifications.

30.67.501 Purpose.

The purpose of this Part 500 is to establish:

(1) Development standards for shoreline uses and modifications consistent with the Shoreline Management Act and this chapter; and

(2) Development standards for shoreline uses and modifications consistent with the purpose of each shoreline environment designation and the policies for each specific use or modification contained in Snohomish County Shoreline Management Program: Shoreline Environment Designations, Policies and Regulations.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.505 Agriculture.

The provisions in this section of the county’s SMP apply to new agricultural activities including, but not limited to, all uses that are allowed as permitted or conditional uses in the A-10 zone under SCC 30.22.110 which also meet the definition of "agricultural activities" in SCC 30.91A.092 and which are proposed on land not currently used for agricultural activities. Conversion of agricultural land within shoreline jurisdiction to other non-agricultural uses is subject to the use restrictions in chapter 30.67 SCC, Parts 400 and 500.

(1) The following general regulations apply to new agricultural activities in shorelines:

(a) New agricultural activities shall utilize best management practices to ensure protection of shoreline ecological functions, retard surface runoff and reduce siltation.

(b) Manure lagoons and associated permanent transmission systems shall comply with the following:

(i) Manure lagoons shall be designed, constructed and operated to county, Department of Ecology, Natural Resource Conservation Service and U.S. Environmental Protection Agency standards;

(ii) Manure lagoons may not be built within a wetland unless all of the following conditions apply:

(A) The wetland had been converted to agricultural use prior to June 9, 1993;

(B) No other location is available that is not a wetland; and

(C) Full mitigation is provided to replace the functions of the wetland.

(iii) Unless the conditions in SCC 30.67.505(b)(i) and (ii) apply, the toe of the dike of a manure lagoon shall be set back from the water bodies used for recreation as much as possible, and at a minimum shall maintain a 150-foot setback from the OHWM of any river, stream, lake, marine waters or estuary regulated under the Shoreline Management Act.

(iv) Manure lagoons shall comply with all other county regulations including but not limited to grading and flood hazard provisions in Title 30 SCC;

(v) Elevation of the top of the dike of manure lagoons shall be determined according to standards established by the Natural Resource Conservation Service and the Department of Ecology. When located within the floodplain, the top of the manure lagoon dike shall be elevated one foot above the 100- year flood level, or as close to such height as feasible and consistent with Natural Resource conservation Service and Department of Ecology design standards;

(vi) Manure lagoons of earthen construction shall be mulched or seeded with grass on all exterior faces, and vegetation shall be maintained to prevent erosion or slippage;

(vii) If environmental review has shown that there are unmitigated adverse impacts related to ground or surface water contamination, habitat, wildlife, recreational uses, public access, or aesthetics, then setbacks greater than the minimum and/or additional mitigation may be required; and

(viii) Permanent pipelines for transmission of manure shall be properly supported and utilize a single piece of pipe or double piping when crossing waterbodies.

(c) Livestock flood sanctuaries shall comply with the following:

(i) A permit to build livestock flood sanctuary mounds will be granted to property owners only when the applicant clearly demonstrates that the denial of such construction will threaten the viability of the applicant’s commercial livestock operation;

(ii) The maximum size of the mounds shall not exceed 50 square feet per animal unit (1,000 lbs) plus the area created by adding a ramp 14 feet wide along two sides to be used for farm vehicle access. An additional area no greater than 25 percent of the calculated area will be allowed to accommodate future herd growth;

(iii) Mounds shall be constructed in a manner that does not impact flood elevations, impede flow, or cause significant adverse effects upstream or downstream. Mounds are prohibited in floodways. In flood plains, mounds shall be oriented to the flow;

(iv) Mounds shall be constructed using non-compressive materials (as defined in the Natural Resource Conservation Service standards for such mounds) that are obtained from approved borrow sites;

(v) Site preparation and mound construction and maintenance practices shall be conducted according to the recommendations of the Natural Resource Conservation Service or best management practices approved by Snohomish County; and

(vi) Mounds shall comply with all other county regulations, including but not limited to, grading and flood hazard provisions in Title 30 SCC.

(2) In addition to the general regulations contained in SCC 30.67.505(1), the following specific shoreline environment designation regulations for new agricultural activities in shoreline jurisdiction apply:

(a) Urban:

(i) Agricultural activities and livestock flood sanctuaries are permitted; and

(ii) Manure lagoons are conditionally permitted.

(b) Urban Conservancy:

(i) Agricultural activities are permitted;

(ii) Manure lagoons are prohibited; and

(iii) Livestock flood sanctuaries are conditionally permitted.

(c) Rural Conservancy: Agricultural activities, manure lagoons and livestock flood sanctuaries are permitted.

(d) Resource: Agricultural activities, manure lagoons and livestock flood sanctuaries are permitted in the Resource environment.

(e) Municipal Watershed Utility: Agricultural activities, manure lagoons and livestock flood sanctuaries are prohibited.

(f) Natural:

(i) Agricultural activities are conditionally permitted provided that only passive agricultural uses such as pasture or grazing shall be allowed and provided further that no clearing, construction or other operations which have an adverse impact on ecological functions occurs; and

(ii) Manure lagoons and livestock flood sanctuaries are prohibited.

(g) Aquatic:

(i) Water-dependent, over-water or in-water uses or modifications related to agricultural activities are conditionally permitted;

(ii) Manure lagoons and livestock flood sanctuaries are prohibited; and

(iii) Bank stabilization or flood protection measures are conditionally permitted in the Aquatic environment to protect primary structures or designated farmland, provided that the need for such protection is documented in a geotechnical report. Non-structural methods are preferred but structural methods may be allowed provided that the geotechnical report indicates that structural methods are necessary. Such shoreline modifications must comply with the requirements of SCC 30.67.540 and 30.67.575.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.510 Aquaculture.

Aquaculture is defined in SCC 30.91A.255. Non-commercial aquaculture activities, as defined in SCC 30.91A.255, are allowed in all shoreline environments and are not required to obtain shoreline permits.

(1) The following general regulations apply to new commercial aquaculture activities and processing in shorelines:

(a) The location for new aquaculture activities shall be limited as follows:

(i) New shellfish aquaculture activities shall not be located in pocket estuaries as identified in the Washington State Coastal Atlas as maintained by the Washington State Department of Ecology, unless the proposal will not adversely impact the estuary’s ecological functions.

(ii) New shellfish aquaculture activities may be located in nearshore critical saltwater habitats provided that a critical area study is submitted per SCC 30.62A.140 documenting that ecological impacts can be avoided or minimized and mitigated to meet the standards in SCC 30.62A.310(3);

(iii) New commercial aquaculture should only be allowed where sediments, topography, land and water access support aquaculture operations without significant clearing or grading;

(iv) New finfish aquaculture shall not be located in nearshore critical saltwater habitats nor in accretion areas such as sandflats, mudflats, and pocket estuaries; and

(v) Aquaculture shall not be permitted in areas where it would result in a net loss of shoreline ecological function.

(b) Aquaculture activities shall be designed to avoid significant conflicts with navigation and other water-dependent uses. When a new aquaculture activity is proposed, mitigation sequencing for shoreline ecological impacts shall be required per SCC 30.62A.310(3)(a);

(c) No aquatic organism shall be introduced into Snohomish County without the prior written approval of the Director of the Washington State Department of Fish and Wildlife when required. If county approval is required for the initial introduction of an aquatic species, such approval shall not be required for repeated introductions. Introduction, for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of Snohomish County regardless of whether it is a native or resident organism within the county and regardless of whether it is being transferred from within or without the waters of Snohomish County;

(d) Permitted accessory structures typically associated with aquaculture shall be subject to the following:

(i) Permitted accessory structures typically associated with aquaculture may include: rafts, floats, nets, net pens, access docks, piers, pilings, boat launches and upland storage structures;

(ii) Jetties, groins, bulkheads, fill, shoreline stabilization measures, flow diversions, and breakwaters are not allowed in conjunction with aquaculture;

(iii) For accessory structures, the county may require a visual impact analysis. (See the Department of Ecology’s "Aquaculture Siting Study" 1986, or more recent studies, for general approach). Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance, provided that it includes an adequate assessment of impacts;

(iv) For aquaculture projects using over-water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than three feet in height, as measured from the surface of the raft or dock; provided that, in locations where the visual impact of the proposed aquaculture structures will be minimal, the county may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant/proponent;

(v) Materials which are not necessary for the immediate and regular operation of the facility shall not be stored waterward of the ordinary high water mark;

(vi) Over-water structures for aquaculture operations shall not extend beyond the mean low water mark a distance greater than the average length beyond the ordinary low water mark of all preexisting over-water structures within 300 feet in either direction along the same shoreline. Where no preexisting structures exist within this range, over-water structures may extend beyond the mean low water mark the minimum distance necessary to accommodate the aquaculture activity provided that navigation is not impeded;

(vii) Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and/or equipment shall be removed or repaired promptly by the owner. The county may abate abandoned or unsafe structures or equipment, following notice to the owner, if the owner fails to respond in 30 days and the county may impose a lien on the related shoreline property or other assets in an amount equal to the cost of the abatement;

(viii) Construction materials that come in direct contact with the water shall not be treated or coated with toxic materials. Untreated wood, precast concrete, plastic or nontoxic alternatives shall be used unless the project proponent demonstrates and the county determines that there is no feasible alternative to toxic construction materials that will provide the structural characteristics necessary for the project;

(ix) Finish treatments, including but not limited to paint, stain, waterproofer, pest preventatives and preservatives used on over-water structures or on structures within 25 feet of the ordinary high water mark shall not result in adverse impacts to water quality;

(x) Floating, submerged and intertidal aquacultural structures and other similar structures should be located and designed to avoid significantly impacting navigation and other water-dependent uses. Approval of such structures may include the following conditions:

(A) Clustering or spacing of rafts to allow for small boat traffic within or through the facilities;

(B) Directional signage;

(C) Buoys marking the extent of the operation;

(D) Limits on the type, number, location and size of the facility and any accessory structures; and

(E) All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements;

(e) Aquacultural processing shall be governed by the regulations in SCC 30.67.550. Commercial sales of aquacultural products shall be governed by the regulations in SCC 30.67.525. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit and subject to the conditions in subsection (2)(g)(iii) of this section. All other processing and processing facilities shall be located above the ordinary high water mark;

(f) In order to demonstrate no net loss of shoreline ecological functions, when a local permit is required for aquaculture activities, the department may require monitoring and reporting for noise, odor, water quality, aquatic and benthic organism types and densities, current patterns and flows, flushing rates, prevailing storm wind conditions, impacts to wetlands and fish and wildlife habitats and other relevant environmental conditions as appropriate on a schedule specified by the approving authority that issues the shoreline permit relating to the aquacultural activity. Monitoring shall not be required for commercial aquaculture activity located in commercial shellfish beds except as may be necessary to ensure the protection of other critical saltwater habitats as defined in SCC 30.91C.362. Adverse impacts to other critical saltwater habitats shall be mitigated according to the mitigation sequence described in WAC 173-26-201(2)(e). The permit may be revoked by the approving authority for failure to monitor when required or if monitoring reveals unanticipated impacts that cannot be mitigated;

(g) Aquaculture activities proposed within shorelines of statewide significance shall be subject to, first, the policies contained in SMP section 1.2.2, Shorelines of Statewide Significance, and, second, the policies and regulations contained in SMP section 3.2.5.2;

(h) The applicant/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site;

(i) Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, and eelgrass beds;

(j) Permits for aquaculture operations approved on an experimental basis may include conditions reasonably limiting their size and duration; provided that the county may issue a new permit to continue the operations as many times as is deemed necessary and appropriate;

(k) Where aquaculture activities are authorized to use public facilities, such as boat launches or docks, the county shall reserve the right to require the applicant/proponent to pay a portion of the cost of maintenance and any required improvements commensurate with the use of such facilities;

(l) Aquaculture operations shall comply with all applicable federal and state regulations governing waste control, including but not limited to applicable provisions of the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (chapter 90.48 RCW). No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation;

(m) Predator control shall not involve the intentional killing or harassment of birds or mammals;    

(n) In addition to the permit requirements contained in chapter 30.44 SCC, conditional use permit application submittal requirements for new commercial aquaculture and processing activities may also include the following:

(i) A narrative description and timeline for all anticipated planting and harvesting activities;

(ii) A baseline ecological survey of the proposed site to allow consideration of the ecological effects;

(iii) Measures to achieve no net loss of ecological functions consistent with the mitigation sequence described in SCC 30.62A.310(3)(a);

(iv) Management practices that address impacts from mooring, parking, noise, lights, litter, and other activities associated with planting and harvesting operations;

(v) Monitoring and reporting plan to verify that aquaculture operations are in compliance with shoreline limits and conditions set forth in conditional use permits and to support cumulative impacts analysis;

(vi) Information demonstrating that the proposed aquaculture activities will not significantly conflict with navigation and other water-dependent uses;

(vii) Existing public opportunities for gathering wild stock aquatic resources on public lands shall be addressed in any application for aquaculture on public shorelines. Mitigation for loss of public access to public aquatic resources may be required;

(viii) Information demonstrating that the proposed activity will be compatible with surrounding existing and planned uses by addressing the following:

(A) Aquaculture activities shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise; and

(B) Aquaculture facilities shall not significantly impact the aesthetic qualities of the shoreline unless there is a compelling public safety reason requiring otherwise. Safety concerns for birds and wildlife may also be considered when evaluating impacts on the aesthetic qualities of the shoreline; and

(ix) Other pertinent information deemed necessary by the county.

(o) Where permit submittal requirements identified in subsection (1)(n) of this section have already been submitted in compliance with other federal, state or local permit requirements, the department will accept the documentation submitted to other permitting agencies provided the applicant clearly identifies which documents, or parts of documents, are intended to meet which specific county requirement;

(p) The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant/proponent and the affected tribe(s);

(q) Consistent with, and in addition to the requirements in chapter 30.70 SCC, the applicant shall provide public notice to:

(i) All property owners within the prescribed distance from the proposed project boundary;

(ii) Tribes with usual and accustomed fishing rights to the area; and

(iii) The applicable local marine resources committee(s).

(2) In addition to the general regulations contained in subsection (1) of this section, the following shoreline environment designation-specific regulations for new aquaculture activities in shorelines apply:

(a) Urban:

(i) Non-commercial aquaculture is permitted; and

(ii) Commercial aquaculture and processing are conditionally permitted.

(b) Urban Conservancy:

(i) Non-commercial aquaculture is permitted; and

(ii) Commercial aquaculture and processing are prohibited.

(c) Rural Conservancy:

(i) Non-commercial aquaculture is permitted; and

(ii) Commercial aquaculture and processing are conditionally permitted.

(d) Resource:

(i) Non-commercial aquaculture is permitted; and

(ii) Commercial aquaculture and processing are conditionally permitted.

(e) Municipal Watershed Utility: Commercial aquaculture is not permitted on Spada Lake. Non-commercial aquaculture along with any associated processing activities on Spada Lake are limited by the utility purveyor’s Federal Energy Regulatory Commission (FERC) license.

(f) Natural:

(i) Non-commercial aquaculture is permitted; and

(ii) Commercial aquaculture and processing are prohibited.

(g) Aquatic:

(i) Non-commercial aquaculture is permitted;

(ii) Commercial aquaculture is conditionally permitted only when the adjacent upland environment is Urban, Rural Conservancy or Resource; and

(iii) No processing of any aquacultural product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms, shall be permitted water-ward of the ordinary high water mark unless fully contained within a tending boat or barge.

(3) When new commercial aquaculture activities are allowed subject to conditional use permits per subsection (2) of this section, in addition to the criteria required in chapter 30.44 SCC, all of the following criteria shall apply to the conditional use permit:

(a) All subsequent cycles of planting and harvest shall not require a new conditional use permit;

(b) A single conditional use permit may be submitted for multiple sites within an inlet, bay or other defined feature, provided the sites are all under control of the same applicant and within the same shoreline permitting jurisdiction. Expansion in area or operational intensity at individual locations, or to new sites, that was not considered and approved in the original conditional use permit will require a new conditional use permit; and

(c) In order to avoid or limit impacts from aquaculture siting and operations and achieve no net loss of ecological functions, review of the conditional use permit will take the following into account:

(i) Commercial aquaculture workers oftentimes need to accomplish on-site work during low tides, which may occur at night or on weekends. Work must be allowed during low tides but may require limits and conditions to reduce impacts, such as noise and lighting, to adjacent existing uses;

(ii) Conditional use permits should be reviewed using the best scientific and technical information available;

(iii) Best management practices should be applied to accomplish the intent of the limits and conditions;

(iv) The practice of placing nursery tanks or holding pools or other impervious materials directly on the intertidal sediments;

(v) Use of motorized vehicles, such as trucks, tractors and forklifts below the ordinary high water mark;

(vi) Specific periods when limits on activities are necessary to protect priority habitats and associated species. The need for such measures should be identified in the baseline ecological survey conducted for the site;

(vii) Alterations to the natural condition of the site, including significant removal of vegetation or rocks and re-grading of the natural slope and sediments;

(viii) Installation of property corner markers that are visible at low tide during planting and harvesting;

(ix) Mitigation measures such as buffers between commercial aquaculture and other fish and wildlife habitat conservation areas as necessary to ensure no net loss of ecological functions;

(x) Use of predator exclusion devices with minimal adverse ecological effects and requiring that they be removed as soon as they are no longer needed for predator exclusion;

(xi) Use of the best available methods to minimize turbid runoff from the water jets used to harvest shellfish;

(xii) Number of barges or vessels that can be moored or beached at the site as well as duration limits;

(xiii) Public rights to navigation over the surface of the water;

(xiv) Good housekeeping practices at aquaculture sites, including worker training and regular removal of equipment, tools, extra materials, and all wastes; and

(xv) Where the site contains existing public access to publicly owned lands, consider recommendations from the Department of Natural Resources or other landowning agencies regarding protection of the existing public access.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 13-098, December 11, 2013, Eff date May 27, 2014)

30.67.515 Boating facilities.

Boating facilities include marinas, yacht and boat clubs, boat launch facilities, boat ramps, boathouses, docks, piers, floats and mooring buoys.

(1) The following general regulations apply to new boating facilities in shorelines:

(a) No boating facilities shall extend into a water body in such a manner as to impede navigation or create any navigation hazard.

(b) Boating facilities shall not be located on or over critical saltwater habitats or spawning areas for anadromous fish.

(c) Boating facilities, except for mooring buoys, shall not be located on or over nearshore accretion areas, such as sandflats, mudflats and pocket estuaries.

(d) Structures, equipment, wastes and materials shall not be stored, disposed of or abandoned within the shoreline jurisdiction. Boats may be stored within the shoreline jurisdiction.

(e) Construction materials that come in direct contact with the water shall not be treated or coated with toxic materials. Untreated wood, precast concrete, plastic or nontoxic alternatives shall be used unless the project proponent demonstrates and the department determines that there is no feasible alternative to toxic construction materials that will provide the structural characteristics necessary for the project.

(f) Finish treatments, including but not limited to paint, stain, water-proofer, pest preventatives and preservatives used on overwater structures or on structures within 25 feet of the ordinary high water mark shall not result in adverse impacts to water quality.

(g) Construction shall be limited to times that will have the least disturbance on spawning, migration and rearing of salmonids and other critical species.

(h) Marinas.

(i) Marinas shall not be located on or over critical saltwater habitats or in nearshore sediment accretion areas, such as mudflats, sandflats and pocket estuaries;

(ii) Marina berths must be designed so that they can rise and fall safely with flood waters and tidal fluctuation and have a minimum clearance of six feet below mean lower low water;

(iii) Marinas are not allowed in areas that would detrimentally alter littoral drift patterns. An evaluation of littoral drift patterns within the drift cell in which the marina is proposed is required during the siting process;

(iv) Marinas must be designed and constructed to incorporate uninhibited tidal bypass so as to minimize the need for maintenance dredging;

(v) Marinas shall be designed and constructed to allow adequate flushing and water circulation within the facility to avoid degrading water quality;

(vi) Marinas shall not be located within ½- mile of any outfall of primary treated domestic sewage or industrial waste;

(vii) Prior to siting an in-water marina, an analysis must be conducted to determine the feasibility of an upland boat storage facility on the project site as a preferred alternative; and

(viii) New marinas shall provide for public access consistent with SCC 30.67.330.

(i) Boat launch facilities - general.

(i) Pedestrian access to the water that is separate from the boat launching lane(s) may be required where it is determined to be necessary for public safety;

(ii) Safety buoys shall be installed and maintained separating boating activities from other water recreation and uses where reasonably required for public safety;

(iii) Public boat launch facilities shall include a level vehicle-maneuvering space measuring at least 500 square feet;

(iv) Public boat launch facilities shall include 32 to 40 parking spaces capable of accommodating a vehicle with an attached boat trailer for each ramp lane of boat access to the water; and

(v) All site improvements for boat launch facilities shall comply with all other requirements of the zone in which they are located.

(j) Boat ramps.

(i) Boat ramps shall be located on stable, non-erosional banks, where stabilization structures will not be necessary;

(ii) Boat ramps shall be placed and maintained as near to flush with the foreshore slope as is possible to minimize interruption of geohydraulic processes;

(iii) Boat ramps may be allowed for individual residences when the following conditions are met:

(A) The applicant shows that the boat ramp and its use will not adversely impact shoreline ecological functions or damage critical saltwater habitat;

(B) The upland slope within 25 feet of the ordinary high water mark does not exceed 25 percent; and

(C) Substantial cutting, grading, filling or shoreline stabilization measures are not necessary; and

(iv) When reviewing mitigation measures proposed by applicants to minimize potential impacts on shoreline ecological functions from boat ramps, the county will consider the following:

(A) Availability and adequacy of existing community or public facilities providing boat access to the same shoreline water body;

(B) Shared use facilities are preferred; and

(C) Preferred boat ramp designs are in the following order of priority:

(I) Elevated railways that have minimal disturbance to beach substrate;

(II) Open grid designs that have minimal disturbance to beach substrate;

(III) Seasonal ramps that can be removed and stored upland; and

(IV) Solid structures that interlock with one another leaving spaces for natural beach substrate that can adapt to changes in beach profiles.

(k) Docks, piers and floats.

(i) Docks, piers and floats shall not deflect river currents or wave energy resulting in the undercutting of banks, erosion, or damage to adjacent or downstream properties or critical saltwater habitat;

(ii) Where feasible, moorage buoys shall be required instead of piers, docks or floats on all tidal water, except for port, industrial and commercial developments in the Urban shoreline environment designation;

(iii) Docks, piers and floats associated with water-dependent commercial or industrial uses shall be the minimum size and length necessary to accommodate the proposed use;

(iv) Commercial and industrial docks upon which toxic or flammable materials are handled or stored shall make adequate provisions to minimize the possibility of an accidental spill and prepare an effective spill response plan;

(v) Joint use docks and piers shall be required for commercial and industrial enterprises in close proximity to each other, unless the applicant can demonstrate that the possibility of a multiple owner or multiple use facility is not feasible;

(vi) When moorage facilities are proposed in conjunction with new subdivisions, motels or multi-family residences, a single, joint use moorage facility shall be required.

(vii) When reviewing permit applications for new docks, piers and floats associated with single family residences, the county will consider the following:

(A) Availability and adequacy of existing community or public facilities providing access to the same shoreline water body; and

(B) The feasibility of multiple owner or multiple user facilities. Shared use facilities are preferred whenever possible.

(viii) Unless shared by adjacent property owners, covered private docks and boathouses shall be at least three feet from any side lot line or extension thereof. No setback from adjacent properties is required for uncovered private docks and boathouses or for private docks and boathouses shared by adjacent property owners.

(ix) Docks, piers and floats shall be located and designed as follows:

(A) Floats and floating docks shall include stops which will serve to elevate the floats above the tidelands at low tide. Floats shall be secured with anchored cables in place of pilings, where feasible;

(B) Docks, piers and floats are not allowed in or over critical saltwater habitat;

(C) Shortening, lengthening, narrowing, or reducing the area of a dock, pier or float shall be required as necessary to ensure that:

(I) The structure does not extend over-water in such a manner as to impede navigation or create a navigation hazard; and

(II) The structure avoids disturbing or shading significant freshwater aquatic vegetation communities or critical saltwater habitat;

(D) Increase or decrease of the height of the dock, pier or float may be required to allow for the penetration of light to reduce impacts to habitat related to shading;

(E) Pier and dock requirements for marine shorelines.

(I) Piers and docks located on marine shorelines shall be the minimum size required to provide for moorage. Single family piers or docks shall not exceed 90 feet in length measured perpendicularly from the OHWM. Shared moorage may extend up to 110 feet in length if demonstrated to be necessary to provide adequate moorage. Docks that cannot meet this standard may request a review under the variance provisions of chapter 30.44 SCC;

(II) The maximum width of each pier or dock shall be six feet; and

(III) The maximum width of walkway ramps shall be four feet and shall be fully grated;

(F) Pier and dock requirements for lake shorelines.

(I) The maximum waterward intrusion of any portion of any pier or dock shall not extend further waterward than the average intrusion of the piers or docks on lots abutting the location of the new dock as measured perpendicularly from the OHWM unless an alternative dimension is required to prevent impacts to critical habitat or navigation. In no circumstances shall the maximum waterward intrusion of any portion of the pier or dock extend more than 80 feet from the OHWM, or the point where the water depth is eight feet below the elevation of the OHWM, whichever is reached first;

(II) The maximum width of each pier or dock shall be six feet, or up to eight feet wide on joint use docks; and

(III) The maximum width for piers and docks shall be four feet for the first thirty feet from the OHWM of any lake identified as salmonid habitat.

(G) Pier and dock requirements for river shorelines.

(I) Pier and dock dimensions shall be the minimum necessary to accommodate the proposed use;

(II) Piers and docks shall not impede navigation, water flow, or transport of sediment and debris and shall not result in acceleration of erosion on adjacent or opposite banks; and

(III) Construction timing shall not coincide with migration or spawning of anadromous fish;

(H) Float requirements.

(I) One float per single-family residence and no more than one common use float for each new multifamily development, short subdivision or subdivision is permitted;

(II) No portion of a float shall be placed more than 45 feet waterward of the OHWM on lake shorelines;

(III) Retrieval lines shall not float at or near the surface of the water; and

(IV) No float shall have more than 100 square feet of surface area;

(I) Construction materials for docks, piers or floats shall meet the following requirements:

(I) The decking of all piers and docks shall be designed to allow a minimum of 45 percent light passage. Floats shall be designed to allow a minimum of 30 percent light passage. This may be accomplished through grated decks, space between decking, light prisms, or other means;

(II) If plastics or other non-biodegradable materials are used in float, pier, or dock construction, containment features in the design of the structures are required;

(III) Any part of a dock, pier or float that comes in direct contact with the water shall not be treated or coated with toxic materials. Untreated wood, precast concrete, plastic or nontoxic alternatives shall be used unless the project proponent demonstrates and the department determines that there is no feasible alternative to toxic construction materials or finishes that will provide the structural characteristics necessary for the project; and

(IV) Skirting is not permitted.

(l) Boathouse, private, noncommercial.

(i) The height of any covered, over-water structure shall not exceed 12 feet as measured from the ordinary high water mark;

(ii) The total area including building and possible pier walkway of covered, over-water structures shall not exceed 500 square feet;

(iii) The entirety of the over-water structure shall have a width no greater than 25 percent of the width of the lot at the natural shoreline upon which it is located;

(iv) Maximum extent for any boathouse is 25 feet beyond the mean low waterline;

(v) Structures permitted hereunder shall not be used as a dwelling, nor shall any boat moored at any wharf be used as a dwelling while so moored, except as provided in SCC 30.67.570(2)(g); and

(vi) Unless shared by the adjacent property owner, covered boathouses shall be at least three feet from the side lot line or extension thereof. No setback from adjacent properties is required for structures shared by adjacent property owners.

(vii) All boat houses shall consist of a roof and support beams and necessary pier walkways and piling supports. Side walls are prohibited;

(viii) Translucent boat canopies shall be used when possible in lieu of constructing a new boathouse; and

(ix) When a new boat house is constructed, mitigation sequencing for shoreline ecological impacts shall be required per SCC 30.67A.310(3)(a).

(m) Mooring Buoys

(i) Mooring buoys shall not be located on or over critical saltwater habitats;

(ii) Except as prohibited in (i) above, mooring buoys may be located on or over nearshore accretion areas, such as sandflats, mudflats and pocket estuaries;

(iii) Mooring buoys shall be located to minimize impacts on navigation; and

(iv) Mooring buoys shall be reasonably visible to boaters.

(2) In addition to the general regulations contained in SCC 30.67.515(1), the following shoreline environment designation-specific regulations for new boating facilities in shorelines apply as applicable:

(a) Urban. Boating facilities are permitted.

(b) Urban Conservancy.

(i) Marinas, yacht and boat clubs, boat launch facilities other than boat ramps, public or commercial docks and piers, and boathouses are prohibited; and

(ii) Boat ramps, private docks, floats and mooring buoys are conditionally permitted.

(c) Rural Conservancy.

(i) Boat launch facilities, boat ramps, boathouses, docks, piers, floats and mooring buoys are permitted; and

(ii) Marinas and yacht and boat clubs are conditionally permitted.

(d) Resource.

(i) Marinas and yacht and boat clubs are prohibited;

(ii) Boathouses are conditionally permitted; and

(iii) Boat launch facilities, boat ramps, docks, piers, floats and mooring buoys are permitted.

(e) Municipal Watershed Utility. All boating facilities are prohibited except boat ramps, which are permitted.

(f) Natural. All boating facilities are prohibited except boat ramps which are conditionally permitted.

(g) Aquatic.

(i) Marinas, yacht and boat club facilities are conditionally permitted if the adjacent shoreland designation is either Urban or Rural Conservancy.

(ii) Boat ramps are:

(A) Permitted only when the adjacent shoreland is designated Urban, Rural Conservancy, Resource or Municipal Watershed Utility; and

(B) Conditionally permitted when the adjacent shoreland designation is Urban Conservancy or Natural;

(iii) Private docks, floats and mooring buoys are:

(A) Permitted only when the adjacent shoreland is designated Urban, Rural Conservancy or Resource;

(B) Conditionally permitted when the adjacent shoreland designation is Urban Conservancy; and

(C) Prohibited when the adjacent shoreland designation is Municipal Watershed Utility or Natural; and

(iv) Public or commercial docks, piers or boathouses are conditionally permitted only if the adjacent shoreland designation is Urban, Rural Conservancy or Resource.

(v) Private boathouses are:

(A) Permitted only when the adjacent shoreland designation is either Urban or Rural Conservancy;

(B) Conditionally permitted when the adjacent shoreland designation is Resource; and

(C) Prohibited when the adjacent shoreland designation is either Urban Conservancy, Municipal Watershed Utility or Natural.

(3) Moorage on waters of the state without a lease or permission from the state Department of Natural Resources is restricted by the state and mitigation of impacts to navigation and access is required. If the county becomes aware of un-authorized moorage on waters of the state, the department will notify the state Department of Natural Resources.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.520 Breakwaters, jetties, groins and other in-water structures.

(1) The following general regulations apply to new breakwaters, jetties, groins and other in-water structures not specifically identified:

(a) In-water structures shall be designed and located to:

(i) Avoid or minimize and mitigate impacts to shoreline ecological functions, especially littoral drift;

(ii) Have no adverse impacts on downdrift, downstream and adjacent properties, such as beach starvation, channel migration or erosion;

(iii) Allow for fish passage and for the transport of sediment, debris and floodwaters;

(iv) Be visually compatible with their surroundings;

(v) Avoid or minimize restrictions on the public use of the water surface, especially navigational access; and

(vi) Not be located on or over critical saltwater habitats.

(b) Floating wave attenuators, floating breakwaters, open wall designs or other alternatives to a solid breakwater shall be required for all in-water structures.

(2) In addition to the general regulations contained in SCC 30.67.520(1), the following shoreline environment designation-specific regulations for new breakwaters, jetties, groins or other in-water structures apply:

(a) For projects with the sole purpose of restoration or enhancement of shoreline ecological functions, breakwaters, jetties, groins and other in-water structures are conditionally permitted in the Natural and its adjacent Aquatic environments and permitted in all other shoreline environments; and

(b) For projects not meeting the criteria in SCC 30.67.520(2)(a), the following applies:

(i) Breakwaters, jetties, groins and other in-water structures are conditionally permitted in the Urban, Rural Conservancy, Resource and their adjacent Aquatic environments; and

(ii) Breakwaters, jetties, groins and other in-water structures are prohibited in the Urban Conservancy, Municipal Watershed Utility, Natural and their adjacent Aquatic environments.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.525 Commercial.

Commercial development is defined in SCC 30.91C.132.

(1) The following general regulations apply to commercial development in shoreline jurisdiction:

(a) All commercial development shall be required to provide public access consistent with SCC 30.67.330.

(b) Non-water dependent commercial development is only permitted in the following circumstances:

(i) The proposed development is part of a mixed use project that includes water-oriented uses as the primary use of the site, and the commercial development is clearly incidental or secondary to the water-oriented uses;

(ii) Navigability is severely limited at the proposed site and the use provides public access and restoration of wetlands or fish and wildlife habitat; or

(iii) The proposed commercial development is located over 200 feet from the ordinary high water mark or is physically separated from the shoreline by another property or public right-of-way.

(2) In addition to the general regulations contained in SCC 30.67.525(1), the following shoreline environment designation-specific regulations for commercial uses apply as applicable:

(a) Urban. Commercial uses are permitted.

(b) Urban Conservancy. Commercial uses are prohibited.

(c) Rural Conservancy. Commercial uses are permitted in areas zoned General Commercial (GC), Rural Business (RB), Rural Industrial (RI), Rural Diversification (RD) or Rural Freeway Service (RFS).

(d) Resource. Commercial uses are permitted in areas zoned Agriculture 10-acres (A-10), Forestry (F), General Commercial (GC), Rural Business (RB), Rural Industrial (RI), Rural Diversification (RD) or Rural Freeway Service (RFS).

(e) Municipal Watershed Utility. Commercial uses are prohibited.

(f) Natural. Commercial uses are prohibited.

(g) Aquatic. Only those water-dependent portions of the commercial use that require an over-water or in-stream location are conditionally permitted only when the commercial use is allowed in the adjacent shoreland environment.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.530 Dredging and spoil disposal.

Dredging is defined in SCC 30.91D.445.

(1) The following general regulations apply to dredging and dredge spoil disposal within shorelines:

(a) Projects shall be sited and designed to avoid the need for new or maintenance dredging.

(b) Dredging and dredge spoil disposal are allowed only:

(i) For maintenance of existing navigation channels, provided that the dredging extent is limited to that area previously dredged or to the authorized location, depth and width;

(ii) When necessary to construct or maintain marinas, boat ramps or other boat launch facilities;

(iii) For flood protection under SCC 30.67.540;

(iv) In conjunction with ecological restoration or enhancement projects;

(v) In conjunction with mining activities allowed pursuant to SCC 30.67.560(1)(a); or

(vi) When necessary to maintain and operate public water supply, power generation, and flood control reservoirs, including, but not limited to, sediment removal at pipe inlets or outlets.

(c) The operation and location of dredging and dredge disposal sites shall meet the following criteria:

(i) Unless directly related to restoration or enhancement of shoreline ecological functions, dredging shall not be allowed:

(A) Within critical saltwater habitats or salmonid spawning areas; or

(B) For the sole purpose of obtaining fill or mineral resources except as allowed pursuant to 30.67.530(1)(b);

(ii) Dredging and dredge material disposal activities shall implement all feasible mitigation measures to minimize adverse impacts to shoreline habitats;

(iii) Dredging projects that convert intertidal habitat to subtidal habitat in order to improve navigability must include a comprehensive assessment identifying potential cumulative impacts of site-specific changes to ecosystem functions;

(iv) Dredging shall not be allowed along net-positive drift sectors and where geohydraulic processes are active and accretion shoreforms would be damaged, altered, or irretrievably lost;

(v) Unless in conjunction with an ecological restoration project, open water dredge disposal shall occur only at approved Puget Sound Dredge Disposal Analysis (PSDDA) sites. Any party utilizing a PSDDA site must comply with all PSDDA requirements; and

(vi) Cleanup and disposal of dredged material waterward of the ordinary high water mark must be in accordance with a state Department of Natural Resources Dredged Material Management Program.

(d) Dredge spoils may be utilized in ecological restoration or enhancement projects, provided that they do not contain contaminants and water quality is not adversely impacted.

(e) All dredge spoil disposal sites, except for PSDDA sites, shall meet the following requirements:

(i) The disposal site shall be located outside of the channel migration zone unless the dredge materials will be for a permitted use within the adjacent shoreline jurisdiction;

(ii) Before beginning disposal operations, the dikes enclosing the disposal site shall be constructed such that no spoils bearing discharge water may escape. The disposal site dikes shall be kept in this condition throughout any disposal operation;

(iii) The settling area within the dikes must be large enough so that the outlet pipe conveying return water can be periodically relocated to control the uptake of suspended sediment;

(iv) Normal drainage patterns within the project site shall not be adversely affected by the spoils disposal operation;

(v) Within six months of the issuance of a permit for dredging activities, trees shall be planted and maintained around the perimeter of the site to act as a visual buffer;

(vi) Dredge spoils may be deposited and removed from the site in a manner that does not disturb the perimeter dike, except at points of ingress and egress, and consistent with the conditions of the approved permit; and

(vii) Written notice shall be given to the department at least two weeks prior to the commencement of any permitted dredge spoils disposal operation.

(2) In addition to the general regulations contained in SCC 30.67.530(1), the following shoreline environment designation-specific regulations for dredging and dredge spoil disposal apply:

(a) Dredging and dredge spoil disposal is conditionally permitted in all shoreline environments when directly related to restoration or enhancement of shoreline ecological functions.

(b) For all dredging or dredge spoil disposal projects not related to ecological enhancement or restoration projects, the following shoreline environment designation-specific regulations apply:

(i) Dredge spoil disposal is conditionally permitted in the Urban, Rural Conservancy and Resource environments;

(ii) Dredge spoil disposal is prohibited in the Urban Conservancy and Natural environments;

(iii) Dredging and dredge spoil disposal are conditionally permitted in the Municipal Watershed Utility environment when consistent with a project license issued by the Federal Energy Regulatory Commission;

(iv) Dredging in the Aquatic environment is conditionally permitted when allowed pursuant to SCC 30.67.530(1); and

(v) Dredge spoil disposal is conditionally permitted in the Aquatic environment when:

(A) The dredge spoil disposal is conducted in conjunction with any of the following project types:

(I) Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;

(II) Disposal of dredged material from dredging projects allowed under SCC 30.67.530(1)(b) when the dredged material is considered suitable under, and conducted in accordance with, the dredged material management program of the state Department of Natural Resources; or

(III) Disposal of dredged material in conjunction with an approved ecological restoration or enhancement project; or

(B) The dredge spoils are deposited at a Puget Sound Dredge Disposal Analysis (PSDDA) site.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.535 Fill.

(1) The following general regulations apply to fill within shorelines:

(a) Fill is permitted only when used as preparation for a use or modification otherwise permitted by this SMP, except that fill is only allowed in the 100-year floodplain for the purpose of flood-proofing a structure or as part of an ecological restoration or enhancement project.

(b) When allowed under subsection (1)(a) of this section, use of fill is subject to the following conditions:

(i) Uses and modifications shall be located and designed to minimize the amount and extent of fill necessary to accommodate the use. For example, projects should be designed with pile-supported piers, rather than piers constructed with fill;

(ii) The perimeter of all fills shall be provided with some means to control erosion. Nonstructural methods such as vegetation and soil bioengineering shall be used unless infeasible;

(iii) The source and content of fill materials to be used shall be approved by the department prior to deposition. Neither organic materials nor fill materials identified as solid waste pursuant to SCC 7.35.020(37) shall be deposited waterward of the ordinary high water mark;

(iv) Fills shall not interfere with normal public use of the waters of the state; and

(v) Dredge spoil disposal used as fill shall comply with SCC 30.67.530.

(2) In addition to the general regulations contained in subsection (1) of this section, the following shoreline environment designation-specific regulations for fill apply:

(a) Fill is permitted in the Urban, Rural Conservancy, Resource and Municipal Watershed Utility environments.

(b) Fill is permitted in the Urban Conservancy and Natural environments when in conjunction with an ecological restoration or enhancement project. Otherwise, fill in the Urban Conservancy and Natural environments is conditionally permitted.

(c) Fill is permitted in the Aquatic environment when in conjunction with an ecological restoration or enhancement project. Otherwise, fill in the Aquatic environment is conditionally permitted and shall be consistent with the following:

(i) Fill waterward of the ordinary high water mark shall not contain organic materials or materials identified as solid waste pursuant to SCC 7.35.020(37). The source and content of fill materials to be used waterward of the ordinary high water mark shall be approved by the department prior to deposition; and

(ii) Fill waterward of the ordinary high water mark shall only be allowed when necessary to support:

(A) A water-dependent use with no feasible alternative to fill;

(B) A transportation facility of statewide significance, an essential public facility or utility, or a navigational structure with no feasible alternative to fill;

(C) The cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; or

(D) The creation or enhancement of public access.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 15-005, March 18, 2015, Eff date April 2, 2015)

30.67.540 Flood protection measures.

(1) The following general regulations apply to flood protection measures within shorelines:

(a) Flood protection measures are subject to chapter 30.65 SCC and shall be planned, constructed and maintained in accordance with a county and state approved floodplain management plan, if applicable.

(b) New structural flood protection measures may be allowed if:

(i) A geotechnical report establishes that structural flood protection measures are necessary to protect existing primary structures, new or existing public utilities, roads or bridges, or designated farmlands, and that non-structural measures are not feasible; or

(ii) Necessary to facilitate a project whose sole purpose is restoration or enhancement of shoreline ecological functions.

(c) Except as allowed under SCC 30.67.540(1)(h) or 30.67.540(2)(d), removal of sand, gravel or sediments for flood management purposes is only allowed under the following conditions:

(i) The proposal is consistent with a current Snohomish County Flood Hazard Management Plan;

(ii) A geotechnical or engineering analysis demonstrates that the removal will result in the long-term reduction of flood hazards;

(iii) The activity does not result in a net loss of ecological functions or impair migration, spawning or rearing of anadromous fish; and

(iv) If proposed waterward of the ordinary high water mark, the activity is conducted in compliance with the requirements for dredging and dredge spoil disposal in SCC 30.67.530.

(d) Flood protection measures shall not result in channelization of normal stream flows, interfere with natural hydraulic processes such as channel migration, or undermine existing structures or downstream stream banks.

(e) New flood control dikes shall be landward of any associated wetlands and their buffers, and where feasible, landward of the channel migration zone.

(f) New flood protection structures such as dikes and levees shall provide public access pursuant to SCC 30.67.330.

(g) Normal maintenance or repair of flood protection measures is allowed.

(h) Emergency flood protection measures are allowed subject to the provisions in SCC 30.44.280.

(i) Except as otherwise allowed in SCC 30.67.540(1)(b)(ii), new structural flood control measures are prohibited on estuarine shores, on point and channel bars and in salmon and trout spawning areas.

(2) In addition to the general regulations contained in SCC 30.67.540(1), the following shoreline environment designation-specific regulations for flood protection measures apply:

(a) Structural flood protection measures in conjunction with ecological restoration or enhancement projects are permitted in all shoreline environments except the Natural environment. Non-structural flood protection measures are permitted in all shoreline environments in conjunction with ecological restoration or enhancement projects.

(b) When not in conjunction with ecological restoration or enhancement projects, non-structural flood protection measures are permitted in all shoreline environments, except that non-structural flood protection measures in the Aquatic environment are conditionally permitted.

(c) When not in conjunction with ecological restoration or enhancement projects, and when a geotechnical report demonstrates that flood protection measures are necessary to protect existing primary structures, new or existing public utilities, roads or bridges, or designated farmlands, and that non-structural solutions would be inadequate to achieve the needed protection, structural flood protection measures are permitted in all shoreline environments, except that structural flood protection measures are prohibited in the Natural and Urban Conservancy environments and the Aquatic environment adjacent to Natural and Urban Conservancy environments, and except that structural flood protection measures are conditionally permitted in other Aquatic environments.

(d) Debris deposited by flood events within the previous 12-month period may be removed from designated farmlands in the Resource environment.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.545 Forestry.

(1) The following general regulations apply to forestry activities within shorelines:

(a) For timber harvest located within 200 feet landward of the ordinary high water mark in shorelines of statewide significance, harvest activities shall employ selective timber cutting so that no more than 30 percent of the merchantable timber may be harvested in any ten-year period. Exceptions to this standard or when in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective timber cutting ecologically detrimental, a conditional use permit shall be required.

(b) Forest management activities shall comply with the state’s current forest practices rules and regulations (Title 222 WAC) and pesticides regulations (chapter 17.21 RCW).

(c) Development incidental to forestry activities, such as forestry roads, must comply with all local regulations and Title 222 WAC. Where there are conflicts, the provision resulting in the greatest protection for shoreline ecological functions shall apply.

(d) The following regulations apply to log storage in shoreline jurisdiction:

(i) All new log storage areas shall be on paved dry land.

(ii) Logs stored in water where such use has been established prior to July 27, 2012 shall comply with the following requirements:

(A) Log storage shall not be located where it could interfere with small craft navigation or normal public use of the waters of the state;

(B) Logs shall not be stored or rafted where grounding will occur;

(C) Free-fall dumping of logs into water is prohibited;

(D) Devices shall be used for placing logs in the water that will reduce bark separation and generation of wood debris;

(E) Bark and wood debris controls, collection, and disposal methods shall be used at log dumps, raft building areas and mill side handling zones;

(F) Logs shall not be stored in rapidly flowing waters or other areas where positive bark and debris controls would not be effective;

(G) Accumulations of bark and other debris on the land and docks around dump sites shall be kept out of the water; and

(H) Where water depths permit the floating of bundled logs, they shall be secured in bundles on land before being placed in the water. Bundles shall not be broken again except on land or at mill sites.

(2) In addition to the general regulations contained in SCC 30.67.545(1), timber harvest or removal is permitted in all shoreline environment designations when conducted in accordance with the requirements of chapter 76.09 RCW and Title 222 WAC, provided that:

(a) The thresholds established in SCC 30.67.545(1)(a) are not exceeded on shorelines of statewide significance, in which case the timber harvest or removal is conditionally permitted; or

(b) In cases where the land is likely to be converted to a non-forestry use, the department will place conditions on the Class IV-General forest practices permit to ensure that the timber harvest or removal is consistent with the following criteria:

(i) The management policies contained in the SMP for the shoreline environment designations where the timber harvest or removal will occur;

(ii) The shoreline use requirements in SCC 30.67.420 and .430;

(iii) The intended use, modification and vegetation management development standards in SCC 30.67, Part 500;

(iv) The standard for no net loss of shoreline ecological functions in SCC 30.67.320; and

(v) The provisions of the Shoreline Management Act and the SMP.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.550 Industry and ports.

Ports are centers for water-borne traffic and industrial and manufacturing firms.

(1) The following general regulations apply to industrial development and ports within shorelines:

(a) All industrial development and ports shall provide public access pursuant to SCC 30.67.330.

(b) Non-water dependent industrial development is permitted under the following circumstances:

(i) The proposed development is part of a mixed use project that includes water-oriented uses as the primary use of the site, and the industrial development is clearly incidental or secondary to the water-oriented uses;

(ii) Navigability is severely limited at the proposed site and the use provides public access and restoration of wetlands or fish and wildlife habitat; or

(iii) The proposed industrial development is located over 200 feet from the ordinary high water mark or is physically separated from the shoreline by another property or public right-of-way.

(c) The following regulations apply to port development in shoreline jurisdiction:

(i) Proposed port developments, expansions, alterations, or any phase thereof shall be consistent with, and shall be based upon, a comprehensive harbor improvement plan adopted by the county; and

(ii) Flexibility from the requirements of this chapter may be granted where the proposed port development will result in equal or better public access and restoration or enhancement of shoreline ecological functions than would be required under this chapter.

(2) In addition to the general regulations contained in SCC 30.67.550(1), the following shoreline environment designation-specific regulations for industrial development and ports apply:

(a) Industrial development and ports are permitted in the Urban, Rural Conservancy and Resource environments.

(b) Industrial development and ports are prohibited in the Urban Conservancy, Municipal Watershed Utility and Natural environments.

(c) Industrial development and ports are conditionally permitted in the Aquatic environment when the adjacent shoreland designation is Urban, Rural Conservancy or Resource.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.555 Institutional.

Institutional uses include those nonresidential uses that typically are found in all zones, including residential zones, such as health and social service facilities, community facilities for juveniles or seniors, schools, libraries, museums, government structures and facilities, and churches. Uses conducted within a single-family residential structure and which are secondary to the residential use of the structure such as a day care, elder care, home school or foster home are not considered institutional uses for the purposes of this chapter.

(1) Institutional developments shall comply with the standards for commercial development pursuant to SCC 30.67.525 unless conducted incidental to a residential use, in which case the residential requirements contained in SCC 30.67.570 apply.

(2) In addition to the general regulations contained in SCC 30.67.555(1), the following environment-specific regulations for institutional uses apply:

(a) Institutional uses are permitted in the Urban and Rural Conservancy environments.

(b) Institutional uses are conditionally permitted in the Resource environment.

(c) Institutional uses are prohibited in the Urban Conservancy, Municipal Watershed Utility and Natural environments.

(d) In the Aquatic shoreline environment designation, only those water-dependent portions of the use that require an over-water or in-stream location are conditionally permitted when the adjacent shoreline environment designation is Urban, Urban Conservancy, Rural Conservancy or Resource. All other institutional uses are prohibited.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.560 Mining.

Mining is the removal and primary processing of naturally occurring materials including sand, gravel, rock, soil, peat or precious metals for economic use. Mining activities also include in-water and in-channel dredging activities related to mineral extraction.

(1) The following general regulations apply to mining activities in shorelines:

(a) Mining activities are allowed in shoreline jurisdiction only when necessary as an integral part of the following project types:

(i) Ecological restoration or enhancement;

(ii) Flood hazard management, provided that:

(A) The project is recommended in a Snohomish County flood hazard management plan and is consistent with chapter SCC 30.65 SCC and SCC 30.67.540; and

(B) A geotechnical or engineering analysis demonstrates that the proposed mining will result in long-term flood hazard reduction benefits;

(iii) To alleviate an emergency situation as defined in SCC 30.91E.100 and subject to the following conditions:

(A) The mining activity is the minimum necessary to alleviate the emergency situation;

(B) The permit procedures for emergency modifications or construction in SCC 30.67.470 are satisfied; and

(C) When related to alleviation of a flood hazard emergency, the mining activity meets the standards in SCC 30.44.280;

(iv) Mineral extraction and use for forest practices, provided that:

(A) The mining activity is conducted more than 200 feet from the ordinary high water mark of shorelines of statewide significance; and

(B) the appropriate notifications, approvals or permits are obtained pursuant to chapter 76.09 RCW;

(v) Removal of mineral resources deposited above the ordinary high water mark by flood events onto designated agricultural lands under the county’s comprehensive plan for the purpose of maintaining or restoring land for agricultural activities; or

(vi) Dredging allowed pursuant to SCC 30.67.530.

(b) Removal of mineral resources shall comply with the following standards:

(i) The mining activity shall not occur in critical saltwater habitat, primary association areas for critical species, or in salmonid spawning habitat except in conjunction with an approved habitat restoration or enhancement project;

(ii) Mining activities shall not disrupt natural hydrology or sedimentation processes including but not limited to littoral drift, accretion, feeder bluffs or other sediment transport;

(iii) Mining activities shall not result in channelization of normal stream flows, interfere with natural hydraulic processes such as channel migration, undermine existing structures or downstream stream banks, or increase risk of stream avulsion;

(iv) Mining activities shall not result in a net loss of shoreline ecological functions or impair migration of anadromous fish; and

(v) Mining activities waterward of the ordinary high water mark of a river, including bars and islands, shall not be permitted unless:

(A) Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole;

(B) The mining and any associated permitted activities will not have significant adverse impacts on habitat for critical species or cause a net loss of ecological functions of the shoreline;

(C) The determinations made pursuant to SCC 30.67.560(1)(b)(v)(A) and (B) shall be made consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of impacts should be appropriately integrated with relevant critical area and environmental review requirements pursuant to chapters 30.61, 30.62A and 30.62B SCC; and

(D) In considering renewal, extension or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, the department shall require compliance with the SMP and chapter 30.31D SCC.

(c) Permit requirements for mining should be coordinated with the requirements of chapter 78.44 RCW and chapters 30.31D and 30.44 SCC.

(d) Mining activities which meet the definition of "dredging" in SCC 30.91D.445 shall comply with SCC 30.67.530.

(e) Mining within any channel migration zone that is within shoreline jurisdiction shall require a shoreline conditional use permit.

(f) Proposed subsequent use of mined property shall be consistent with the provisions of the shoreline environment designation in which the property is located and reclamation of disturbed shoreline areas shall restore all shoreline ecological functions adversely impacted by the mining activities.

(2) In addition to the general regulations contained in SCC 30.67.560(1), the following shoreline environment designation-specific regulations for mining apply:

(a) Mining activities allowed pursuant to SCC 30.67.560(1)(a) are conditionally permitted in all shoreline environments, except that mining activities related to forest practices as described in SCC 30.67.560(1)(a)(iv) are permitted in the Resource and Municipal Watershed Utility environments unless subject to a conditional use permit pursuant to SCC 30.67.560(1)(e).

(b) Except when allowed pursuant to SCC 30.67.560(1)(a), mining activities for the sole purpose of obtaining fill or commercial sale or processing of mineral resources are prohibited in all shoreline environments.

(c) Non-conforming mining activities are subject to the requirements in SCC 30.44.125.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.565 Recreation.

Recreation uses are those uses that provide facilities for athletic activities, hobbies or other entertainment that provides relaxation or enjoyment of leisure time as a primary use. Recreation uses include both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, association or individual. Commercial uses that are incidental to a recreation use such as concession stands or boat rental shall be considered part of the recreation use.

(1) The following general regulations apply to recreation in shorelines:

(a) Commercial recreational development shall comply with the requirements for commercial uses in SCC 30.67.525, in addition to the requirement of this section.

(b) Recreation facilities shall be designed to take maximum advantage of and enhance the natural character of the shoreline area.

(c) Motor vehicle use, including two- and three-wheeled vehicles, shall not be permitted on beaches, dunes, or wetlands and fish and wildlife habitat conservation areas except as necessary for official maintenance or the preservation of public health and safety.

(d) Non-water dependent uses are only allowed in the following circumstances:

(i) The proposed use is part of a mixed use project that includes water-dependent uses as the primary use of the site, and the non-water dependent uses are incidental or secondary to the water-dependent uses;

(ii) Navigability is severely limited at the proposed site and the use provides public access and restoration of wetlands or fish and wildlife habitat; or

(iii) The proposed site is physically separated from the shoreline by another property or public right-of-way.

(2) In addition to the general regulations contained in SCC 30.67.565(1), the following shoreline environment designation-specific regulations for recreation apply:

(a) Recreation uses are permitted in the Urban, Urban Conservancy and Rural Conservancy environments;

(b) Recreation uses are permitted in the Resource environment, except that golf courses, playing fields and other large areas devoted to athletic activities are prohibited within the Resource environment, except on lands designated "Recreational Lands" by the county’s comprehensive plan;

(c) Recreation uses are permitted in the Municipal Watershed Utility environment subject to provisions in the project license from the Federal Energy Regulatory Commission;

(d) Recreation uses are permitted in the Urban Conservancy, Natural, and Aquatic environments subject to the following conditions:

(i) Recreation uses are limited to passive or low-intensity recreation uses, such as trails and areas for public access to the water, hiking and walking, viewing platforms, picnic areas and hunting and fishing areas when such uses require minimal alteration to the shoreline, little clearing or grading and few shoreline modifications to conduct the activity;

(ii) Pedestrian and limited access bridges are allowed when necessary to facilitate public access;

(iii) Floating walkways or other similar over-water pedestrian structures facilitating access to observation points or viewing areas shall be permitted, provided they are constructed to minimize alteration of natural conditions and protect water quality; and

(iv) For artificial marine life habitats typically constructed for recreational diving:

(A) Habitats shall not interfere with surface navigation;

(B) Habitats shall be constructed of long-lasting non-polluting materials and anchored so as to remain in their original location even under adverse current or wave action; and

(C) Habitats may not be installed on publicly-owned submerged land without permission of the administering governmental agency.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.570 Residential.

Residential use includes single and multifamily dwellings and uses and other structures that are typically appurtenant or incidental to a residence. Residential uses also include those limited commercial and institutional uses that occur within or are incidental to a residence, such as bed and breakfast inns, guest houses, home occupations, family daycare, foster homes, retirement apartments, retirement housing and boarding houses.

(1) The following general regulations apply to residential uses in shorelines:

(a) Clustered development, with the open space area preserving and providing access to the water, is required for subdivisions or short subdivisions, except that alternative site designs may be considered by the department provided that the applicant demonstrates that the alternative site design will provide equivalent or better protection for shoreline ecological functions.

(b) Residential subdivisions, short subdivisions, or residential structures shall not be approved when structural flood protection or shoreline stabilization measures will be necessary to protect lots or subsequent development on the lots.

(c) All utility lines shall be located underground.

(d) Accessory structures that are not appurtenances must be proportional in size and purpose to the primary structure, and compatible with onsite and adjacent structures, uses and natural features.

(e) All residential subdivisions, short subdivisions, single family detached units, duplexes, townhouses or condominiums creating more than four parcels or dwelling units, and multi-family developments of more than four lots or dwelling units, shall be required to provide public access under SCC 30.67.330.

(f) Beach or water access using new stairways and trams is allowed, provided the applicant demonstrates that:

(i) Existing shared, public or community facilities are not adequate or available for use;

(ii) The possibility of a multiple-owner or multiple-user facility has been thoroughly investigated and is not feasible; and

(iii) The stairway or tram is designed and located such that:

(A) Subsequent shoreline modification, including the installation of shoreline stabilization, solely for the purpose of protecting the structure, is not necessary;

(B) Removal or modification of existing shoreline vegetation is the minimum necessary to construct the structure, and will be replaced with appropriate native species within the next growing season; and

(C) No fill or other modification water-ward of the ordinary high water mark is necessary to construct or use the structure.

(g) Residential subdivisions and short subdivisions lying fully or partially within shoreline jurisdiction shall be limited to a maximum of ten percent total effective impervious surface area within the subdivision boundary.

(2) In addition to the general regulations contained in SCC 30.67.570(1), the following shoreline environment designation-specific regulations for residential uses apply:

(a) The following residential uses and appurtenant structures are permitted in the Urban environment: single family residential, mobile and manufactured homes, duplex, multifamily, townhouse, and mobile home parks.

(b) Urban Conservancy.

(i) The following residential uses are permitted: single family residential, mobile and manufactured homes;

(ii) Duplex and mobile home parks are conditionally permitted.

(c) Rural Conservancy.

(i) The following residential uses are permitted: single family residential, mobile and manufactured homes, and duplex;

(ii) Mobile home parks are conditionally permitted; and

(iii) Multifamily and townhouses are prohibited.

(d) Resource.

(i) The following residential uses are: single family residential, mobile and manufactured homes, and duplex;

(ii) Mobile home parks are conditionally permitted; and

(iii) Multifamily and townhouse are prohibited.

(e) All residential uses are prohibited in the Municipal Watershed Utility environment.

(f) Natural.

(i) The following residential uses are conditionally permitted: single family residential, mobile and manufactured homes;

(ii) All other residential uses; and

(iii) Alteration of the natural topographic features or flora of the site shall be restricted to that necessary for the placement of the residence and appurtenances. Additional grading or clearing, as for lawns, is prohibited.

(g) New over-water residences and floating homes are prohibited in the Aquatic environment. Houseboats used as a residence and live-aboard vessels may be permitted within marinas or in waters of the state subject to a lease or permission from the state Department of Natural Resources.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.575 Shoreline and bank stabilization.

Shoreline stabilization measures are used to reduce sedimentation and erosion.

(1) The following general regulations apply to shoreline and bank stabilization within shorelines:

(a) Normal maintenance or repair of existing shoreline stabilization structures is allowed.

(b) New, enlarged or replacement structural shoreline stabilization measures may only be used:

(i) To protect:

(A) Existing primary structures, utilities, roads and bridges;

(B) New utilities or public bridges and transportation structures allowed pursuant to 30.62B.330(3);

(C) Designated farmland on the county’s comprehensive plan; and

(D) Projects where the sole purpose is to protect or restore shoreline ecological functions; and

(ii) When a geotechnical analysis conducted by a qualified engineer or geologist with experience evaluating and constructing nonstructural stabilization techniques demonstrates that:

(A) Nonstructural shoreline stabilization solutions are not feasible;

(B) Structural stabilization is necessary to provide protection from erosion caused by natural processes such as tidal action, currents, waves or channel migration and that the erosion is not caused by upland conditions, such as loss of vegetation and drainage; and

(C) The erosion rate exceeds that which would normally occur in a natural condition and that the structural stabilization measure would not interfere with hydrological and geomorphologic processes normally acting under a natural condition.

(c) Shoreline stabilization structures shall:

(i) Comply with the guidelines in the Integrated Streambank Protection Guidelines (Washington State Department of Fish and Wildlife, April 2003), or the alternative bank protection methods in Alternative Bank Protection Methods for Puget Sound Shorelines (Washington State Department of Ecology, May 2000, Publication #00-06-012);

(ii) Not alter natural hydraulic or sediment transport processes to the extent that downstream, downdrift or adjacent properties are damaged; and

(iii) Not cause a net loss of shoreline ecological functions. Mitigation is required for any adverse impacts to shoreline ecological functions including, but not limited to shoreline hydraulic processes such as littoral drift and channel migration, recruitment of beach materials from feeder bluffs and sediment transport.

(d) Construction of stabilization measures shall meet the following criteria:

(i) The size and quantity of material constituting the shoreline stabilization structure shall be the minimum necessary;

(ii) Beach materials shall not be used to backfill bulkheads, seawalls and other shoreline stabilization structures;

(iii) Construction materials shall not contain, or be treated or coated with toxic materials;

(iv) Shoreline stabilization structures shall not be used for the indirect purpose of creating land. When fill is required behind an already existing structure, it shall not extend water-ward of the ordinary high water mark unless otherwise permitted by this chapter;

(v) Structures shall be located landward of the ordinary high water mark, landward of the storm berm, and generally parallel to the natural shoreline except:

(A) On bluff or bank shorelines where no other armoring structures are adjacent, such structures shall be as close to the toe of the bank as possible;

(B) Where there are stabilization structures on adjacent properties, the proposed structure shall be tied in flush, except where adjoining structures extend water-ward of the ordinary high water mark;

(C) Replacement walls or bulkheads shall not encroach water-ward of the ordinary high water mark or water-ward of the existing structure unless the residence was occupied prior to January 1, 1992 [per RCW 90.58.100(6)]. In such cases, the replacement structure shall abut the existing shoreline stabilization structure and any adversely impacted shoreline ecological functions shall be mitigated. If critical saltwater habitats or shoreline ecological functions would be adversely impacted by leaving the existing structure, the structure shall be removed as part of the replacement measure; and

(D) Nonstructural shoreline stabilization measures that provide restoration of shoreline ecological functions may be allowed water-ward of the ordinary high water mark; and

(vi) Publicly financed or subsidized structures shall include provisions for public access as required under SCC 30.67.330.

(2) In addition to the general regulations in SCC 30.67.575(1), the following shoreline environment designation-specific regulations for shoreline and bank stabilization apply:

(a) Non-structural shoreline and bank stabilization measures are permitted in all shoreline environments except that non-structural flood protection measures in the Natural and Aquatic environments are conditionally permitted; and

(b) Structural shoreline and bank stabilization measures are permitted in all shoreline environments except Natural and adjacent Aquatic environments to protect ecological enhancement or restoration projects when non-structural protection measures are not feasible. When not in conjunction with an ecological enhancement or restoration project, structural shoreline and bank stabilization is conditionally permitted in all shoreline environments except Natural and Urban Conservancy environments and Aquatic environments adjacent to Natural and Urban Conservancy environments.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.580 Shoreline habitat restoration and enhancement.

The purpose of shoreline habitat restoration and enhancement projects is to improve ecological functions and processes necessary to maintain shoreline natural resources, protect public health and safety, and preserve beneficial uses of the shoreline.

(1) The following general regulations apply to shoreline habitat restoration and enhancement projects within shorelines:

(a) Shoreline habitat restoration or enhancement projects shall:

(i) Restore, enhance or create fish and wildlife habitat; or

(ii) Implement a recommended project from the shoreline restoration element.

(b) Shoreline habitat restoration or enhancement projects shall not adversely impact river currents, sediment processes, littoral drift, wetland or fish and wildlife habitat conservation areas.

(c) Beach enhancement shall be prohibited within spawning, nesting or breeding habitat or where littoral drift of the enhancement materials adversely affects adjacent spawning grounds or other fish and wildlife habitat conservation areas.

(d) Beach and stream enhancement shall not:

(i) Extend water-ward more than the minimum amount necessary to achieve the desired stabilization;

(ii) Result in steep contours that impede easy pedestrian passage or trap drifting sediments;

(iii) Be used solely to create new land area;

(iv) Disturb riparian vegetation or shallow water fish and wildlife habitat, unless such habitat is replaced within the earliest appropriate season by new habitat or native vegetation consistent with SCC 30.67.580(1)(h);

(v) Result in a beach differing in character from natural conditions historically found on the site or vicinity; or

(vi) Interfere with the normal public use of the navigable waters of the state.

(e) Lake and marine beach restoration or enhancement shall be consistent with the following:

(i) New materials added to a beach shall be of a size and composition as similar as possible to the existing natural materials, but large enough to withstand normal current, wake or wave action at the site;

(ii) The restored beach shall approximate the natural lake or marine shoreline width, height, bulk, profile, and vegetation community and structure;

(iii) Only short-term mechanical assistance may be used to accomplish planting;

(iv) Plantings must be maintained to achieve at least an 80 percent survival rate after two years of placement; and

(v) Gravel berms, drift sills and beach nourishment must be used when appropriate for the site.

(f) Stream restoration or enhancement shall be consistent with the following:

(i) Large woody debris placement, engineered log jams, bioengineering techniques, fish screens, self-regulating tide gates, removal of artificial structures and fish barriers, fishways, and stream channel improvements shall be included where appropriate;

(ii) Only short-term mechanical assistance may be used to accomplish planting;

(iii) Plantings must be maintained to achieve at least an 80 percent survival rate after two years of placement;

(iv) Size and composition of new materials added to a stream shall be as similar as possible to the existing natural materials, but large enough to withstand normal current, wake or wave action at the site; and

(v) Restoration or enhancement of the natural stream channel characteristics of length, width, gradient and sinuosity shall be included where appropriate.

(g) Stream restoration or enhancement shall not:

(i) Create barriers for juvenile or adult migrating fish;

(ii) Remove large woody material embedded in a bank or bed except in those unique circumstances where removal is necessary to successfully achieve implementation of the restoration or enhancement project;

(iii) Alter the natural stream more than the minimum amount necessary to achieve the desired restoration or enhancement;

(iv) Disturb riparian vegetation or fish and wildlife habitat unless such habitat is replaced within the earliest appropriate season by new habitat or riparian vegetation consistent with SCC 30.67.580(1)(h); or

(v) Create a hazard to navigation, public infrastructure, or primary structures.

(h) Restoration or enhancement of riparian vegetation shall:

(i) Replace disturbed vegetation with comparable plant species and diversity; or

(ii) Improve riparian ecological functions by increasing plant diversity and including plant species offering higher habitat values, better bank stabilization, improved water quality functions or nutrient exchange.

(2) Shoreline habitat restoration and enhancement is permitted in all shoreline environments. Shoreline modifications that are an integral and necessary component of shoreline habitat restoration and enhancement projects are allowed in all shoreline environment designations subject to the appropriate modification-specific shoreline regulations.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.585 Signs.

Signs are regulated pursuant to chapter 30.27 SCC and the provisions of this chapter. Where conflicts may exist, the provisions of this chapter shall apply:

(1) Billboards are prohibited in all shoreline environment designations.

(2) Animated signs are prohibited in all shoreline environment designations.

(3) Only signs identifying public facilities are allowed in the Urban Conservancy, Aquatic, Municipal Watershed Utility, and Natural shoreline environment designations.

(4) Freestanding signs shall only be allowed when an applicant demonstrates to the department that a building sign is not feasible. When a building sign is not feasible, a freestanding sign may be allowed when there is no significant degradation of a vista or viewpoint or impairment of the visual access to the water body from such vistas or viewpoints.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.590 Transportation, circulation and parking.

(1) The following general regulations apply to facilities and structures for transportation, circulation and parking within shorelines:

(a) New transportation facilities may be located within shoreline jurisdiction only when alternative locations are not feasible.

(b) Transportation facilities shall cross shoreline jurisdiction by the most direct route feasible, unless such a route would result in greater impacts on wetlands and fish and wildlife habitat conservation areas, agricultural activities, or channel migration than a less direct route.

(c) Transportation facilities shall be designed to allow the free flow of water, sediment and debris under them and to convey a 100-year flood without causing any rise in the flood profile above conditions at the time of permit application. All bridges must provide a minimum of three feet of clearance above the one hundred year flood level.

(d) Transportation facilities that cross over watercourses or wetlands shall utilize elevated, open pile or pier structures whenever feasible.

(e) Road crossings on fish-bearing streams shall be designed according to the guidelines set forth in Fish Passage Design at Road Culverts (Washington Department of Fish and Wildlife, March 3, 1999).

(f) Bridge approach fills shall not encroach in the floodway of the base flood (100-year frequency) of any river.

(g) When transportation facilities are designed to act as flood control structures, the proposal shall comply with the requirements of SCC 30.67.540.

(h) New and enlarged transportation facilities shall provide public access pursuant to SCC 30.67.330.

(i) Circulation system plans should include provisions for pedestrian, bicycle and public transportation where appropriate.

(j) Parking and loading facilities necessary to support an authorized shoreline use may be allowed in shoreline areas only when:

(i) The applicant can demonstrate that no other alternative location is feasible to serve the primary use of the site; or

(ii) The parking or loading facility is needed to accommodate public access pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.

(k) All of the following conditions shall be met when a parking facility is proposed in the shoreline jurisdiction:

(i) The facilities shall be located landward from the primary building or use being served, except when the parking facility is within or beneath the structure and adequately screened;

(ii) Shoreline stabilization measures will not be necessary to protect the facility;

(iii) The facility will not result in impacts to wetlands and fish and wildlife habitat conservation areas and their functions and values or the impacts can be mitigated in accordance with the requirements of chapter 30.62A SCC;

(iv) Upland parking facilities shall provide safe and convenient pedestrian circulation from the parking area to the shoreline;

(v) Loading spaces for development in the shoreline jurisdiction shall be located on the landward side of nonwater-dependent uses or activities; and

(vi) All facilities shall provide parking suitable to the expected usage of the facility in accordance with parking requirements in Title 30 SCC.

(2) In addition to the general regulations contained in SCC 30.67.590(1), the following shoreline environment designation-specific regulations for transportation, circulation and parking apply:

(a) Bridges, roads and parking facilities are permitted in the Urban, Rural Conservancy and Resource environments;

(b) Bridges, roads and parking facilities are conditionally permitted in the Urban Conservancy and Municipal Watershed Utility environments, except that roads and bridges constructed for forest practices in accordance with Title 222 WAC are permitted in the Municipal Watershed Utility environment.

(c) In the Natural environment:

(i) Bridges and roads are prohibited; and

(ii) Parking facilities are conditionally permitted.

(d) In the Aquatic environment:

(i) Bridges are conditionally permitted, provided they are permitted or conditionally permitted in the adjacent upland environment, except that bridges constructed for forest practices in accordance with Title 222 WAC are permitted in the Aquatic environment provided that the adjacent environment is not designated as Natural; and

(ii) Roads and parking facilities are prohibited.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.595 Utility facilities.

For the purposes of this chapter, utility facilities are structures used to produce or carry electric power, gas, sewage, water, storm water, oil and communications including, but not limited to telephone, personal wireless communications, radio and television.

(1) The following general regulations apply to utility facilities within shorelines:

(a) Utility facilities shall be located outside of shoreline jurisdiction whenever feasible. When located within shoreline jurisdiction, utility facilities shall result in no net loss of shoreline ecological functions;

(b) Utility facilities shall be designed and located as follows:

(i) Non-water dependent and non-water related above-ground generating facilities (except hydroelectric generating facilities), switching complexes, pumping stations, treatment plants, storage tanks, towers and substations shall be set back from the ordinary high water mark at least 200 feet;

(ii) Utility transmission facilities shall be located in existing rights-of-way whenever possible and cross shoreline jurisdiction by the most direct route feasible, unless an alternative route would result in less impact on shoreline ecological functions;

(iii) Utility facilities shall not parallel a water body unless located in an existing improved transportation or utility corridor, and provided that underground facilities do not adversely impact hyporheic exchange;

(iv) Utility transmission lines, pipes and wires entering or leaving a body of water, other than a river, shall be bored or buried below the surface of the water body’s bed from the ordinary high water mark out to a minimum water depth of minus ten feet (-10 feet) below mean lower low water. Directional boring, instead of excavation or trenching, is required where feasible;

(v) Utility transmission lines, pipes and wires shall be bored under a river, stream or channel migration zone, or permanently affixed to a bridge or other existing above-ground structure, where feasible;

(vi) Aerial utility lines and vertical utility facilities shall make maximum use of topography to minimize visual impacts on the surrounding area;

(vii) New AM radio towers are prohibited. AM radio towers either constructed before October 13, 2010, or with complete applications for all permits and approvals required for construction before October 13, 2010, shall not be considered nonconforming uses and they may be repaired, replaced, and reconfigured as to the number and dimensions of towers so long as the repair, replacement, or reconfiguration occurs on the parcel where the tower was originally constructed or permitted and it does not increase the number of AM radio towers constructed on the parcel. The design of vertical utilities such as communication towers shall not obstruct or destroy scenic views of the water. This may be accomplished by design, orientation and location of the tower, height, camouflage of the tower, or other features consistent with utility technology;

(viii) Banks and dikes where transmission facilities enter or leave a body of water shall be returned to their pre-construction configuration, shall be thoroughly compacted and protected against erosion, and shall be maintained in a safe condition by the utility; and

(ix) Utility facilities shall not be located on feeder bluffs or in critical saltwater habitat unless no feasible alternative exists and all adverse impacts can be mitigated.

(2) In addition to the general regulations in SCC 30.67.595(1), the following shoreline environment designation-specific regulations apply to utility facilities:

(a) Urban.

(i) Except as provided in SCC 30.67.595(2)(a)(ii), utility facilities are permitted; and.

(ii) Dams, power plants, and associated uses are prohibited in the Urban environment.

(b) Urban Conservancy.

(i) Transmission wires, pipes and supports are permitted when attached to a bridge or similar structure;

(ii) The following utility structures and facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities; and

(B) Transmission wires, pipes and supports, except as provided in SCC 30.65.595(2)(b)(i).

(iii) The following utility structures and facilities are prohibited:

(A) Dams, power plants and associated uses; and

(B) All other utility facilities not expressly identified in SCC 30.67.595(2)(b)(i) and (ii).

(c) Rural Conservancy.

(i) Transmission wires, pipes and supports are permitted; and

(ii) The following utility facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities;

(B) Dams, power plants and associated uses; and

(C) All other utility facilities not expressly identified in SCC 30.67.595(2)(c)(i).

(d) Resource and Municipal Watershed Utility.

(i) Transmission wires, pipes and supports are permitted; and

(ii) The following utility facilities are conditionally permitted:

(A) Electromagnetic transmission and receiving facilities;

(B) Dams, power plants and associated uses; and

(C) All other utility facilities not expressly identified in SCC 30.67.595(2)(d)(i).

(e) Natural.

(i) Transmission wires, pipes and supports when attached to a bridge or similar structure are permitted, otherwise such uses are conditionally permitted; and

(ii) Except as provided in SCC 30.67.595(e)(i), all other utility facilities are prohibited.

(f) Aquatic.

(i) Transmission wires, pipes and supports when attached to a bridge or similar structure are permitted, otherwise such uses are conditionally permitted.

(ii) Electromagnetic transmission and receiving facilities, including AM radio towers, are prohibited;

(iii) The following utility structures and facilities are conditionally permitted:

(A) Dams, power plants and associated uses; and

(B) All other utility facilities not expressly identified in SCC 30.67.595(2)(f)(i) and (ii).

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.67.599 Vegetation conservation and management.

The purpose of vegetation conservation and management is to protect and restore the shoreline ecological functions and ecosystem-wide processes performed by vegetation along shorelines. Vegetation conservation and management should also be undertaken to protect human safety and property, to increase the stability of river banks and coastal bluffs, to reduce the need for structural shoreline stabilization measures, to improve the visual and aesthetic qualities of the shoreline, to protect plant and animal species and their habitats, and to enhance shoreline uses.

(1) Vegetation conservation and management is subject to the requirements of chapters 30.62A and 30.62B SCC.

(2) The removal or modification of existing vegetation and the alteration of topography shall be the minimum necessary to accommodate an approved shoreline use or modification. Except as provided in SCC 30.67.599(3), disturbed areas shall be replanted with appropriate native species during the next growing season subject to the requirements of SCC 30.62A.320(3). Once the requirements of SCC 30.62A.320(3) have been satisfied, any additional areas outside of the buffer and buffer mitigation area shall be replanted using a minimum area replacement ratio of 1:1. Additional replanting area or native plant species diversity improvements may be proposed by project applicants.

(3) Removal and control of noxious or invasive non-native plant species is permitted in all shoreline environments, provided that removal or control does not result in adverse impacts to water quality. If the removal of noxious or invasive non-native plants affects bank stability, replanting with native species using a minimum area replacement ratio of 1:1 is required. Vegetation management limited only to noxious or invasive non-native species is subject to the requirements of SCC 30.62A.010(2)(iv) and SCC 30.62A.510(3)(h).

(4) Landscaping required for development or uses within shoreline jurisdiction shall be designed to complement and enhance the view of the water over and across the site. Landscaping shall not be reduced or eliminated to achieve this provision, but shall be clustered to frame view corridors and shall use species conducive to the natural conditions of the shoreline environment.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)