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Chapter 19.10
SHORELINE ACCESSSections:
19.10.010 Authority.
19.10.020 Purpose.
19.10.030 Applicability.
19.10.040 Interpretation—Conflicting provisions.
19.10.050 Relationship to other regulations.
19.10.060 Definitions.
19.10.070 Overall regulations for limited, general and other access.
19.10.080 Aquaculture regulations.
19.10.090 Mining regulations.
19.10.100 Boating facilities regulations.
19.10.110 Commercial development regulations.
19.10.120 Piers, wharves, docks, buoys and floats regulations.
19.10.130 Ports and industrial development regulations.
19.10.140 Recreational development regulations.
19.10.150 Residential development regulations.
19.10.160 Transportation regulations.
19.10.170 Utilities regulations.
19.10.180 Shoreline modifications regulations.
19.10.190 Shoreline modifications—Stabilization and flood protection regulations.
19.10.010 Authority.
This chapter is adopted pursuant to Chapter 36.70 RCW, which empowers a county to enact a shoreline access ordinance and provide for its administration, enforcement and amendment. (Ord. TLS 03-01-01B Exh. B (part): Res. CE 93-080 (part))
19.10.020 Purpose.
The purpose of this chapter is to further the goals and policies of the shoreline master program and the comprehensive plan. The objectives of this chapter are to provide for the continued and improved access of the shoreline, while providing developers the full range of options contained in the regulations. (Ord. TLS 03-01-01B Exh. B (part): Res. CE 93-080 (part))
19.10.030 Applicability.
The provisions of this title shall apply to all developments within or partially within the two-hundred-foot shoreline jurisdiction. (Res. CE 93-080 (part))
19.10.040 Interpretation—Conflicting provisions.
It is not the intent of this chapter to interfere with, abrogate or annul any private easement, covenant or other agreement between parties; provided, that where this chapter or other official codes or ordinances impose greater restriction upon the use of land or buildings, or requires larger space than is imposed or required by said private codes, the provisions of the official codes shall control. (Res. CE 93-080 (part))
19.10.050 Relationship to other regulations.
Other official ordinances, regulations and plans have a direct impact on the development of land in the county. They include, but are not necessarily limited to, the Douglas County Comprehensive Plan and sub-area plans, the Douglas County Shoreline Master Program, subdivision ordinance, the Douglas County environmental ordinance, the Douglas County flood prevention ordinance, the Douglas County Resource Lands and Critical Areas Policy Plan, the Douglas County Regional Policy Plan, the Douglas County Road Standards, the International Codes and ordinances, regulations and plans from other agencies. The number and type of such ordinances may vary from time to time. Wherever provisions of these or other official regulations overlap or conflict with provisions of this shoreline access code, the more restrictive provisions, to the extent lawful, shall govern, and the shoreline access code provisions will be met as a minimum. (Res. TLS 06-13 § 1 (part); Ord. TLS 03-01-01B Exh. B (part): Res. CE 93-080 (part))
19.10.060 Definitions.
Words, terms and phrases used in this chapter are defined in DCC Chapter 14.98 as supplemented herein. Unless specifically defined, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
“Access” means the ability to reach and touch the water’s edge and/or the ability to have a view of the water, shoreline and/or shoreline vegetation from upland locations within the shoreline jurisdiction.
1. “Improved access” means access sites that provide amenities to the users; examples include: garbage receptacles, interpretive signs, trails, restrooms, recreation facilities and the like.
2. “Limited access” means access is not intended for general public. Access may be awarded to members of a particular subdivision, short plat, etc., but may not be based on race, sex, color, creed or physical disability.
3. “Physical public access” means unobstructed access with public use improvements that are available to the general public extending from the land to the ordinary high water mark. This includes access to the navigable waters of any water body.
4. “General access” means the legal ability of the public at large to reach and touch the water’s edge and/or the ability to have a view of the water, shoreline and/or shoreline vegetation from upland locations within the shoreline jurisdiction.
5. “Visual access” means access that provides a view of the shoreline or water, but does not allow physical access to the shoreline.
“Accessory use” means a use that is demonstrably subordinate and incidental to the principal use and which functionally supports the principal use. An accessory use might be an office, a parking lot or warehouse that is needed to support a primary water-oriented use.
“Commercial development” means those facilities involved in a wholesale or retail business or service. They range from office buildings, hotels, motels, grocery markets, shopping centers, restaurants, gift shops and private or public indoor recreation facilities. Excluded from this category are residential or recreation subdivisions, agriculture, resort marinas and ports and industry.
“Recreational development” means development that provides opportunities for the refreshment of body and mind through forms of play, sports, relaxation, amusement or contemplation. It includes facilities for activities such as, but not limited to, skin diving, hiking, canoeing, kayaking, sailing, photography, viewing and fishing. It also includes facilities with more developed uses such as parks, campgrounds, golf courses and other outdoor recreation areas. It applies to both publicly and privately owned shoreline facilities intended for use by the general public, private club, group or association.
“Residential development” means one or more buildings, structures or portions thereof that are designed and used as a place for human habitation. Included are, single- or multi-family residences, apartment/condominium buildings, mobile homes, short and long subdivisions and other structures that serve to house people. (Ord. TLS 03-01-01B Exh. B (part): Res. CE 93-080 (part))
19.10.070 Overall regulations for limited, general and other access.
A. Access shall be required for all new shoreline development and uses except for the following: administrative exceptions may be authorized for a single-family residence or residential projects containing less than five dwelling units. A shoreline development or use that does not provide public access may be authorized by approval of a shoreline variance permit, provided it is demonstrated by the applicant and determined by the county in its findings that one or more of the following provisions apply:
1. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practicable means;
2. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;
3. Unacceptable environmental harm will result from the public access which cannot be mitigated;
4. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated; or
5. The access requirements exceed the impact generated by the proposal in restricting anticipated public access needs;
6. Routine maintenance exempted in the shoreline master program are exempt from these regulations;
Provided further, that the applicant has first demonstrated and the county has determined in its findings that all reasonable alternatives have been exhausted, including but not limited to:
7. Regulating access by such means as limiting hours of use to daylight hours;
8. Designing separation of uses and activities, i.e., fences, terracing, hedges, landscaping, etc;
9. Provision of an access at a site physically separated from the proposal such as a nearby street end, an off-site view point or trail system.
Other options, such as, but not limited to, conservation easements and the enhancement of riparian habitat/vegetation consistent with locally adopted plans and policies shall be considered when public access cannot be provided as outlined in the above conditions and findings. To this end, local jurisdictions may make specific stipulations as to the method and means of development (i.e., adjust and/or prescribe project dimensions, location of project components on the site, intensity of use, screening, parking requirements and setbacks, etc.) in accordance with adopted plans, sub-area plans or development regulations.
B. Large developments, uses and activities shall be designed and operated to avoid blocking, reducing or adversely interfering with the visual or physical access to the water and shorelines.
C. Public access sites shall be connected directly to the best-suited public street, trails, etc., consistent with design and safety standards.
D. Public access sites shall be made barrier-free for the physically challenged where feasible, and in accordance with the Americans with Disabilities Act (ADA).
E. Required public access sites shall be fully developed and available for public use at the time of occupancy or use of the development or activity.
F. Access easements and permit conditions shall be recorded on the deed and on the face of the plat or short plat, where applicable, as a condition running in perpetuity with the land. The recording with the county auditor’s office shall occur at the time of permit approval (RCW 58.17.110).
G. The standard state-approved logo and other approved signs (preferably pictorial) that indicate the public’s right of access and hours of access shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. In accordance with subsections (A)(7)(8) and (9) of this section, signs may control or restrict public access as a condition of permit approval.
H. Future actions by the applicant or other parties shall not diminish the usefulness or value of the access site, if for any reason an access site needs to be demolished, new access provisions shall be incorporated in the new project.
I. Proposals for developments with access shall include a landscape plan. Native self-sustaining vegetation is preferred, but not necessarily required. The inclusion of habitat species normally associated with riparian and shoreline/upland areas shall be considered.
J. Proposals for development shall include a site plan indicating existing and proposed features, including but not limited to topography, shoreline vegetation, slope, drainage, all existing and proposed easements, structures, wells, etc.
K. Project applicants shall work with appropriate agencies to determine shoreline vegetation to be preserved and/or enhanced.
L. Access, where required, shall be designed to protect sensitive shoreline areas such as wetlands, riparian areas and unstable bluffs, should incorporate erosion control and wildlife habitat protection measures and consider cumulative impacts on individual water bodies, pools or streams.
M. The removal of on-site native vegetation shall be limited to the minimum necessary, especially in areas located adjacent to the immediate shoreline area, drainages, etc.
N. Irrigation equipment, when located below the ordinary high-water mark, shall be appropriately marked when it is determined that it could be a safety hazard to boaters, water-skiers, or other users. (Ord. TLS 03-01-01B Exh. B (part): Res. CE 93-080 (part))
19.10.080 Aquaculture regulations.
A. All aquaculture proposals shall include consideration of public access potential, and shall endeavor to provide some form of access or benefit to the public, if at all feasible. For example, requiring that an aquaculture development provide opportunities for educational tours, may be appropriate.
B. In areas where aquaculture interests are established, site boundaries are required to be marked so public use of the surrounding waters and public upland properties can occur without interfering with the operation.
C. Floating or submerged aquaculture structures:
1. Shall not unduly restrict navigational access to or along the shoreline or interfere with general navigation lanes and traffic;
2. Shall remain shoreward of principal navigation channels.
D. All floating aquaculture systems shall be marked for day and night visibility in accordance with U.S. Coast Guard requirements. (Res. CE 93-080 (part))
19.10.090 Mining regulations.
A. Mining operations shall be required to provide safe limited access, where feasible. For safety purposes, visual access will be preferred.
B. Mining operations adjacent to developed residential property, public parks, public shorelines and accesses and along streams, lakes and shorelines shall be obscured by a screen of compatible, native, self-sustaining vegetation. Earthen berms in conjunction with vegetation may be used as an effective barrier for mining operations. Screening and buffer vegetation shall be planted at the time of excavation or as soon thereafter as possible so as to be established within one year of commencing operation. Such screening shall be maintained in good, effective condition at all times, as provided in Sections 18.68.030, 18.68.040 and 18.68.070.
C. If vegetative screening is not possible, the county shall require artificial screening or fencing to suit the site, operations and shoreline area. (Res. CE 93-080 (part))
19.10.100 Boating facilities regulations.
A. Provisions for access, both visual and pedestrian, shall be an integral part of all marina development.
B. Boat launches and marina entrances shall not be located near valuable established fishing areas or beaches commonly used for swimming unless it is demonstrated that no significant conflict or unsafe condition will occur.
C. Boat launching facilities shall be located on the existing grade where feasible and shall not obstruct access to or along the shoreline. Such facilities may be allowed to vary from this requirement, to the minimum extent practical, when it has been demonstrated that no significant adverse impact will occur.
D. Where views from uplands are adversely effected, public viewpoints or viewing areas should be provided by the developer so individuals can observe marina activity and/or the shoreline area.
E. Public marinas and boat launch ramp(s) shall provide adequate parking in scale with the proposal.
F. All marinas shall provide restrooms and pump out facilities for boater’s use in accordance with the Chelan-Douglas health district standards.
G. The cooperative use of joint docks rather than a proliferation of single-purpose private docks shall be required in order to minimize disruption of shorelines and reduction of the useable water surface consistent with the Douglas County shoreline master program. (Res. CE 93-080 (part))
19.10.110 Commercial development regulations.
A. All commercial use developments on shorelines of the state shall provide general access to the water’s edge.
B. Only those commercial developments that are water-dependent or water-related shall be permitted on a shoreline of the state; except, when:
1. The proposed site’s topography, surrounding land uses, physical features or separation from the water make it unsuitable for water-dependent or water-related uses;
2. The proposed use will not interfere with adjacent water-dependent uses and does not usurp land currently occupied by or planned for a water-dependent use; and/or
3. The proposed use will meet criteria for water-enjoyment use by providing appreciable public use opportunity or access to the shoreline. (Res. CE 93-080 (part))
19.10.120 Piers, wharves, docks, buoys and floats regulations.
A. Piers, wharves, docks, buoys and floats shall be located and constructed so as not to obstruct or impair the navigational use of the surface waters and sensitive areas.
B. Piers, wharves, docks, buoys or floats shall be located, designed and constructed so as to cause no undue harm to adjacent properties. (Res. CE 93-080 (part))
19.10.130 Ports and industrial development regulations.
A. Ports and water-dependent and water-related industry shall provide general access to the shoreline and/or provide opportunities for public viewing of the industrial activity whenever practical and safe. If an unsafe situation exists, provision of an off-site access facility may be required.
B. New or substantially upgraded sewage treatment, water reclamation and power plants shall be located where they do not interfere with and are compatible with recreational, residential or other public uses of water and shorelands. Waste treatment ponds for industrial waste shall be located upland, when feasible. (Res. CE 93-080 (part))
19.10.140 Recreational development regulations.
A. General access shall be required of each public recreational development along shorelines of the state.
B. Accessory use facilities, such as restrooms, recreation halls and gymnasiums, commercial services, access roads and parking areas shall be located inland from shoreline areas and linked to the shoreline by pathways. Facilities which are shown to be water-dependent or water-related may be excepted.
C. No recreational structures which displace or eliminate access and/or water surface shall be built over water, except piers, docks and bridges.
D. The use of recreational off-road vehicles is prohibited in all shoreline areas except in designated off-road vehicle use areas.
E. Recreational developments shall provide facilities for nonmotorized access to the shoreline such as pedestrian, bicycle and/or equestrian paths, when feasible.
F. In recreation use areas, new roads running generally parallel to the shoreline shall not be allowed within two hundred feet of the ordinary high-water mark unless physical site characteristics are limiting. In such cases, the road shall be located consistent with the provisions of the shoreline master program. (Res. CE 93-080 (part))
19.10.150 Residential development regulations.
A. Residential developments containing less than five residential units shall not be required to provide shoreline access, except as set forth in Chapter 18.67; while residential developments containing five to twenty residences shall provide, at a minimum, limited access, which allows residents in that development access to the shore; and residential developments with more than twenty residences shall provide public access to the shoreline.
B. The subdivision and platting of property for residential development with five or more building sites shall provide common areas of open space, easements for public access to and along shorelines and/or be laid out to maximize vistas of the water and access by residents of the development and, if required, by the general public.
C. In residential use areas, new roads running generally parallel to the shoreline shall not be allowed within two hundred feet of the ordinary high-water mark unless physical site characteristics are limiting. In such cases, the road shall be located consistent with the provisions of the shoreline master program. (Res. CE 93-080 (part))
19.10.160 Transportation regulations.
A. In abandonment of unused road, street or railroad rights-of-way in a shoreline location shall not occur until the jurisdiction has completed and adopted a comprehensive plan which shows that the subject right-of-way cannot be used as a contributing element in that plan. The following regulations apply to shoreline roads:
1. RCW 36.87.130 prohibits counties from vacating any road which abuts a body of water unless the street or road is not currently used or is suitable for use as a port facility, beach or water access purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes.
2. New streets, roads and highways which are located within two hundred feet of a shoreline of the state shall provide general access to the shoreline, whenever feasible, consistent with design and safety standards. Such facilities may include roadside parking areas, pathways, viewpoints or similar amenities.
B. Expansion of existing facilities that require a shoreline substantial development permit shall be subject to the access provisions where feasible with design and safety standards.
C. Upgrades to existing facilities that require substantial development permits shall maximize view access and the overall access characteristics of the corridor.
D. Regular maintenance exempt from shoreline substantial development permits are exempt from access. (Res. CE 93-080 (part))
19.10.170 Utilities regulations.
A. Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations and/or endanger public health and safety.
B. Where major facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct scenic views. Facilities shall be placed underground whenever possible.
C. Utilities shall be located to meet the needs of future populations in areas planned to accommodate growth.
D. Upon completion of installation/maintenance projects on shorelines and/or banks, the disturbed area shall be restored to pre-project configuration, replanted with native species and provided maintenance care until the newly planted vegetation is established. (Res. CE 93-080 (part))
19.10.180 Shoreline modifications regulations.
A. Breakwaters, Jetties and Groins Regulations.
1. Breakwaters, jetties and groins shall be designed to minimize impediments to navigation and to visual access from the shoreline.
2. The design of breakwaters, jetties and groins shall incorporate provisions for general access where feasible and desirable.
3. The design of breakwaters, jetties and groins shall be designed, whenever possible, to enhance fisheries potential.
B. Bulkhead Regulation. When a bulkhead is required for a physical access site, provision for safe access, such as stairways, paths and ramps, to the water shall be incorporated in the design.
C. Filling of Land Regulations.
1. The filling of land will be evaluated on the basis of the proposed use for the site and will not be permitted unless other structural and upland solutions have been determined to be infeasible, or not in the public’s best interest.
2. Landfills shall be composed of naturally occurring dredge spoils, earth and rock. Solid waste, and manmade debris will not be permitted.
3. Erosion protection measures shall be incorporated during the placement of landfills to prevent damage to the adjacent waters and resources. Landfills shall be contained and stabilized such that erosion shall not damage adjacent water and resources.
4. Contaminated materials (with substances toxic to humans and other living organisms) shall not be permitted for disposal in landfills.
5. Landfills that may potentially restrict access, shall not be allowed for the sole purpose of creating residential, commercial or industrial land. Landfills landward of the ordinary highwater mark may be allowed when following criteria one through four above.
6. Transverse crossings and crossings which must bridge a surface water shall provide general access, when feasible. When physical access is not feasible due to safety and design features, visual access shall be required consistent with design standards. (Res. CE 93-080 (part))
19.10.190 Shoreline modifications—stabilization and flood protection regulations.
A. The county shall require linear public access along new dikes unless the public access is determined to be infeasible according to the following criteria:
1. The dike structure, due to its design, would not provide a safe place for public access and use;
2. The dike structure is not located in a position to facilitate public access to the shoreline.
B. Rip-rap and similar erosion prevention measures shall consist of natural materials (example: rock) or materials that blend into the surrounding shoreline.
C. Planting and maintenance of native vegetation on shoreline modification structures in a manner that will lessen the visual impact of such structures shall be required. (Res. CE 93-080 (part))