40.460.510 General Shoreline Use and Development Regulations

A.    Shoreline uses and developments that are water-dependent shall be given priority.

B.    Shoreline uses and developments shall fully mitigate for impacts and shall not cause impacts that require remedial action or loss of shoreline ecological functions on the subject property or other properties.

C.    Shoreline uses and developments shall be located and designed in a manner such that shoreline stabilization is not necessary at the time of development and will not be necessary in the future for the subject property or other nearby shoreline properties unless it can be demonstrated that stabilization is the only alternative that protects public safety and existing primary structures.

D.    Non-water-oriented uses shall not adversely impact or displace water-oriented shoreline uses.

E.    Single-family residential uses shall be allowed on all shorelines not subject to a preference for commercial or industrial water-dependent uses, and shall be located, designed and used in accordance with applicable policies and regulations of this Program. However, single-family residences are prohibited in the Aquatic and Natural shoreline designations.

F.    On navigable waters or their beds, all uses and developments should be located and designed to:

1.    Minimize interference with surface navigation;

2.    Consider impacts to public views; and

3.    Allow for the safe, unobstructed passage of fish and wildlife, particularly species dependent on migration.

G.    Hazardous materials shall be disposed of and other steps be taken to protect the ecological integrity of the shoreline area in accordance with the other policies and regulations of this Program as amended and all other applicable federal, state, and local statutes, regulations, codes, and ordinances.

H.    In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit.

I.    The effect of proposed in-stream structures on bank margin habitat, channel migration, and floodplain processes should be evaluated during permit review.

J.    Previous approvals of master plans for projects in shoreline jurisdiction should be accepted. New phases of projects for which no master plan has yet been approved, or for which major changes are being proposed, or new projects for which master plans are being submitted shall be subject to the policies and regulations of this Program.

K.    Within urban growth areas, Ecology may grant relief from use and development regulations of this Program when:

1.    A shoreline restoration project identified in the SMP Restoration Plan causes or would cause a landward shift in the OHWM creating a hardship meeting specific criteria in RCW 90.58.580;

2.    The proposed relief meets specific criteria in RCW 90.58.580; and

3.    The application for relief is submitted to Ecology in writing requesting approval or disapproval as part of a normal review of a shoreline substantial development permit, conditional use permit, or variance. If the proposal is not connected to a shoreline permit review, the county may provide a copy of a complete application to Ecology along with the applicant’s request for relief.

(Added: Ord. 2012-07-16)