40.460.630    Use-Specific Development Regulations

A.    Agriculture.

1.    Agricultural practices shall prevent erosion of soils and bank materials within shoreline areas and minimize siltation, turbidity, pollution, and other environmental degradation of watercourses and wetlands.

2.    Stream banks and water bodies shall be protected from damage due to concentration and overgrazing of livestock by providing the following:

a.    Suitable bridges, culverts or ramps for stock crossing;

b.    Ample supplies of clean water in tanks on dry land for stock watering; and

c.    Fencing or other grazing controls to prevent damage to riparian vegetation, bank compaction or bank erosion.

3.    New confinement lots, feeding operations, lot wastes, stockpiles of manure solids, manure lagoons, and storage of noxious chemicals are prohibited.

4.    The disposal of farm wastes, chemicals, fertilizers and associated containers and equipment within shoreline jurisdiction is prohibited. Composted organic wastes may be used for fertilization or soil improvement.

5.    New uses proposed as part of a conversion of agricultural lands shall comply with the provisions of this title and this Program.

6.    For purposes of this Program, the definitions in RCW 90.58.065 and in Section 40.460.800 for agricultural activities, agricultural equipment and facilities, and agricultural products control.

(Amended: Ord. 2018-11-06)

B.    Aquaculture.

1.    No aquatic species shall be introduced into county waters without prior written approval of the appropriate state or federal regulatory agency for the species proposed for introduction. Such approval(s) shall be submitted in writing to the county as part of the shoreline permit application.

2.    Aquaculture facilities shall only be permitted where impacts to existing uses can be fully mitigated.

3.    Fish net-pens shall not occupy more than one (1) surface acre of water, excluding booming and anchoring equipment, and shall not be located within one (1) mile of any other aquaculture facility.

4.    No processing of any aquaculture product, except for the sorting or culling of the cultured species and the washing or removal of surface materials or species after harvest, shall occur in or over the water. All other processing activities and facilities shall be located on land.

5.    If uncertainty exists regarding potential impacts of a proposed aquaculture activity, baseline and periodic operational monitoring by a county-approved consultant (unless otherwise provided for) may be required, at the applicant’s expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated.

6.    Aquacultural uses and facilities not involving substantial substrate modification shall be located at least six hundred (600) feet from any wildlife refuge lands; those involving substantial substrate modification shall be located at least fifteen hundred (1,500) feet from such areas. Lesser distances may be authorized without a variance if it is demonstrated by the applicant that the fish and wildlife habitat resources will be protected, and if the change is supported by the reviewing resource agencies. Greater distances may be required if recommended by the reviewing resource agencies.

7.    Aquacultural structures and activities that are not water-dependent (including, but not limited to, warehouses for storage of products, parking and loading facilities) shall be located landward of the OHWM and landward of water-dependent portions of the project, and shall minimize detrimental impacts to the shoreline.

8.    For aquaculture projects using over-water structures, storage of necessary tools and apparatus waterward of the OHWM shall be limited to containers of not more than three (3) feet in height, as measured from the surface of the raft or dock. Materials which are not necessary for the immediate and regular operation of the facility shall not be stored waterward of the OHWM.

9.    No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. All wastes shall be disposed of in a manner that will ensure strict compliance with all applicable waste disposal standards.

10.    When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing or hand washing, rather than chemical treatment and application.

11.    Prior to use of any agents such as antibiotics, vaccines, growth stimulants, or anti-fouling agents, approval must be obtained from all appropriate state and federal agencies, including but not limited to the U.S. Food and Drug Administration, Ecology, WDFW, and the Department of Agriculture, as required, and proof thereof is submitted to the county.

12.    Only nonlethal, nonabusive predator control methods shall be used. Double netting for seals, overhead netting for birds, and three (3) foot high fencing or netting for otters are approved methods of predator control. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required.

(Amended: Ord. 2018-11-06)

C.    Boating Uses.

1.    General Requirements.

a.    All boating uses, development, and facilities shall protect the rights of navigation.

b.    Boating facilities shall be sited and designed to ensure no net loss of shoreline ecological functions, and shall meet DNR requirements and other state guidance if located in or over state-owned aquatic lands.

c.    Boating facilities shall locate on stable shorelines in areas where:

(1)    There is adequate water mixing and flushing;

(2)    Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard;

(3)    Water depths are adequate to minimize spoil disposal, filling, beach enhancement, and other channel maintenance activities; and

(4)    Water depths are adequate to prevent the structure from grounding out at the lowest low water or else stoppers are installed to prevent grounding out.

d.    Boating facilities shall not be located:

(1)    Along braided or meandering river channels where the channel is subject to change in alignment;

(2)    On point bars or other accretion beaches;

(3)    Where new or maintenance dredging will be required; or

(4)    In areas with important bank margin habitat for aquatic species or where wave action caused by boating use would increase bank erosion rates.

e.    Boating uses and facilities shall be located far enough from public swimming beaches, fishing and aquaculture harvest areas, and waterways used for commercial navigation to alleviate any adverse impacts, safety concerns and potential use conflicts.

f.    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.

g.    Accessory uses at boating facilities shall be:

(1)    Limited to water-oriented uses, including uses that provide physical or visual shoreline access for substantial numbers of the general public; and

(2)    Located as far landward as possible while still serving their intended purposes.

h.    Parking and storage areas shall be landscaped or screened to provide visual and noise buffering between adjacent dissimilar uses or scenic areas.

i.    Boating facilities shall locate where access roads are adequate to handle the traffic generated by the facility and shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed nor made dangerous.

j.    Joint-use moorage with ten (10) or more berths is regulated under this section as a marina (Section 40.460.630(C)(3)). Joint-use moorage with fewer than ten (10) berths is regulated under this section as a moorage facility (Section 40.460.630(C)(4)).

k.    All marinas and public launch facilities shall provide restrooms/hand-sanitizing facilities for boaters’ use that are designed, constructed and maintained to be clean, well lit, safe and convenient for public use. One (1) restroom and hand-sanitizing facility shall be provided for every seventy-five (75) marina moorage sites or twenty (20) boat launch parking spaces.

l.    Installation of boat waste disposal facilities such as pump-outs and portable dump stations shall be required at all marinas and shall be provided at public boat launches to the extent possible. The locations of such facilities shall be considered on an individual basis in consultation with the Washington Departments of Health, Ecology, Natural Resources, Parks, and WDFW, as necessary.

m.    All utilities shall be placed at or below dock levels, or below ground, as appropriate.

n.    All signage shall adhere to the standards for signs in this Program and Chapter 40.310, except that a marina or boat launch may have one (1) advertising sign oriented towards the water that does not exceed twenty-four (24) square feet in area and fifteen (15) feet in height above the OHWM.

o.    When appropriate, marinas and boat launch facilities shall install public safety signs, to include the locations of fueling facilities, pump-out facilities, and locations for proper waste disposal.

p.    Boating facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions, decking and other components that may come in contact with water shall be approved by applicable state agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, copper chromium, arsenic, pentachlorophenol or other similarly toxic materials is prohibited for use in moorage facilities.

q.    Boating facilities in waters providing a public drinking water supply shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete, or steel.

r.    Vessels shall be restricted from extended mooring on waters of the state except as allowed by state regulations; and provided, that a lease or permission is obtained from the state and impacts to navigation and public access are mitigated.

2.    Boat Launch Facilities.

a.    A private boat launch shall be allowed on a parcel or lot only when public boat launches are unavailable within one-half (1/2) mile upstream or downstream of any property line.

b.    No more than one (1) private boat launch facility or structure shall be permitted on a single residential parcel or lot.

c.    Boat launch and haul-out facilities, such as ramps, marine travel lifts and marine railways, and minor accessory buildings shall be designed and constructed in a manner that minimizes adverse impacts on fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation and neighboring uses.

d.    Boat launch facilities shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available.

3.    Marinas.

a.    Marinas shall be designed to:

(1)    Provide thorough flushing of all enclosed water areas;

(2)    Allow the free movement of aquatic life in shallow water areas; and

(3)    Avoid and minimize any interference with geohydraulic processes and disruption of existing shore forms.

b.    Open pile or floating breakwater designs shall be used unless it can be demonstrated that riprap or other solid construction would not result in any greater net impacts to shoreline ecological functions, processes, fish passage, or shore features.

c.    Wet-moorage marinas shall locate a safe distance from domestic sewage or industrial waste outfalls.

d.    To the maximum extent possible, marinas and accessory uses shall share parking facilities.

e.    New marina development shall provide public access amenities, such as viewpoints, interpretive displays and public access to accessory water-enjoyment uses such as restaurants.

f.    If a marina is to include gas and oil handling facilities, such facilities shall be separate from main centers of activity in order to minimize the fire and water pollution hazard, and to facilitate fire and pollution control. Marinas shall have adequate facilities and procedures for fuel handling and storage, and the containment, recovery, and mitigation of spilled petroleum, sewage, and other potentially harmful or hazardous materials, and toxic products.

g.    Live-aboards are restricted to marinas, may occupy up to twenty percent (20%) of the slips at a marina and shall be connected to utilities that provide potable water and wastewater conveyance to an approved disposal facility. Live-aboards are not allowed at joint-use moorages.

h.    The marina operator shall be responsible for the collection and dumping of sewage, solid waste, and petroleum waste.

i.    No commercial or sport fish-processing discharge or discarding of unused bait, scrap fish, or viscera shall be permitted within any marina.

4.    Moorage Facilities: Docks, Piers, and Mooring Buoys.

a.    Mooring buoys shall be used instead of docks and piers whenever feasible.

b.    Existing, legally established, private recreational docks, piers, and floats for individual lots in existing subdivisions and for existing individual single-family developments are considered nonconforming uses and structures. If such dock or float is abandoned, becomes hazardous, or is removed for any reason, it may be replaced with only one (1) joint-use facility that complies with the policies and regulations of this Program. All required permits and approvals shall be obtained prior to commencing construction.

c.    All moorage facilities shall be constructed and maintained in a safe and sound condition. Those that are abandoned or unsafe shall be removed or repaired promptly by the owner.

d.    Docks and piers for water-dependent commercial and industrial uses shall be allowed to the outer harbor line or combined U.S. Pierhead/Bulkhead line but no more than that required for the draft of the largest vessel expected to moor at the facility. These provisions are also applicable to multiple-use facilities where the majority use is water-dependent and public access can safely be provided.

e.    Fixed piers shall not be permitted for residential use on rivers. Docks for residential use on a river shall be securely anchored to pilings to allow for changes in river level, and shall be designed to withstand the one hundred (100) year flood or be seasonably removable.

f.    Commercial covered moorage facilities may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water, including a demonstration that adequate landside sites are not feasible.

g.    Covered moorage facilities associated with any residential development shall be prohibited.

h.    Provisions for waste discharge shall be made in all proposals for public moorage facilities, and shall include oil containment barriers when required by the U.S. Coast Guard under provisions of the Clean Water Act.

i.    Bulk storage (nonportable storage in fixed tanks) for gasoline, oil and other petroleum products for any use or purpose is prohibited on docks and piers.

j.    Residential docks and piers shall be allowed, as follows:

(1)    A new private dock or pier serving an individual lot is prohibited, unless it can be demonstrated that such dock or pier will result in no net loss of shoreline ecological function.

(2)    New joint-use docks and piers serving two or more lots each with water frontage are allowed if no marina or public boat launch is located within one-half (1/2) mile of the upstream property line or one-half (1/2) mile downstream from the downstream property line, and provided they meet the requirements of this Program.

(3)    New land divisions with shoreline frontage shall provide for joint-use docks if the proposal includes construction of a dock. Proposed docks and piers shall include no more than one mooring space per dwelling unit. Where a new moorage facility is proposed within a residential waterfront development of more than four (4) units, only one (1) joint-use facility shall be allowed, but only after demonstrating that such use is appropriate for the water body. The applicant must also demonstrate that no public moorage facility is available to residents. This condition of approval with required access easements and dedications shall be identified on the face of the plat. In addition, the joint-use dock easement shall be recorded with the County Auditor.

(4)    Only a single, joint-use moorage facility shall be permitted in association with hotels, motels, and multifamily residences. No more than one (1) mooring slip per unit shall be allowed.

k.    Applicants for joint-use docks and piers shall demonstrate and document that adequate maintenance of the structure, activities, and associated landward area will be provided by identified responsible parties. The applicant shall file a legally enforceable joint use agreement or other legal instrument prior to the issuance of any building permits. The documents shall at minimum address the following:

(1)    Apportionment of construction and maintenance expenses;

(2)    Easements and liability agreements; and

(3)    Use restrictions.

l.    Docks and piers shall be designed and constructed to meet the following standards:

(1)    The maximum dimensions of a dock or pier shall be no greater than necessary, and shall generally meet the following development standards. These dimensions may be adjusted by the Shoreline Administrator on a case-by-case basis to protect sensitive shoreline resources.

(a)    Docks, piers, and ramps shall be no more than four (4) feet in width.

(b)    A dock or pier shall be long enough to obtain a depth as required by WDFW at its landward edge, and only as long as necessary to serve the intended use.

(c)    The deck surface of docks and piers shall not exceed three (3) feet in height above the OHWM on the landward side, and shall extend one (1) foot above the water surface at all other locations.

(2)    Over-water structures shall be located in water sufficiently deep to prevent the structure from grounding out at the lowest low water or stoppers should be installed to prevent grounding out.

(3)    The portions of piers, elevated docks, and gangways that are over the nearshore/littoral area shall have unobstructed grating over the entire surface area. Floating docks and piers shall have unobstructed grating over at least fifty percent (50%) of the surface area.

(4)    Piers/anchors and/or ramps shall extend waterward, perpendicular from the ordinary high water mark (OHWM), to a point where the water depth is sufficient to prevent damage to shallow-water habitat.

(5)    Skirting shall not be placed on piers, ramps, or floats. Protective bumper material will be allowed along the outside edge of the float as long as the material does not extend below the bottom edge of the float frame or impede light penetration.

(6)    If a bulkhead-like base is proposed for a fixed pier or dock where there is net positive littoral drift, the base shall be built landward of the OHWM or protective berms. When plastics or other nonbiodegradable materials are used in float, pier, or dock construction, precautions shall be taken to ensure their containment.

(7)    Pilings must be structurally sound and cured prior to placement in the water. Pilings employed for docks, piers, or any other structure shall have a minimum vertical clearance of one foot above extreme high water. Pile spacing shall be the maximum feasible to minimize shading and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment.

(8)    Docks used for motor boats should be located where the water will be deeper than seven (7) feet at the lowest low water to avoid prop scour.

(9)    Docks and piers shall be set back a minimum of ten (10) feet from side property lines, except that joint-use facilities may be located closer to or upon a side property line when agreed to by contract or covenant with the owners of the affected properties. A copy of such agreement shall be recorded with the County Auditor and filed with the shoreline permit application.

m.    Recreational floats shall be designed and constructed to meet the following standards:

(1)    They shall be located as close to the shore as possible, and no farther waterward than any existing floats and established swimming areas.

(2)    They shall be constructed so that the deck surface is a minimum of one (1) foot above the water surface and with reflectors for night-time visibility.

(3)    Floats serving the public, a multifamily development, or multiple property owners shall not exceed one hundred (100) square feet; those serving only a legally established single-family residence shall not exceed sixty-four (64) square feet.

n.    Mooring buoys shall be placed as specified by WDFW, DNR, and the U.S. Coast Guard to balance the goals of protecting nearshore habitat and minimizing obstruction to navigation. Anchors and other design features shall meet WDFW standards.

o.    Mooring buoys shall be discernible from a distance of at least one hundred (100) yards. Only one (1) mooring buoy for each waterfront lot shall be permitted unless greater need is demonstrated by the applicant and documented by the county. In cases such as those of a community park with recreational users or a residential development with lot owners both on and away from the shoreline needing moorage, joint-use facilities shall be used.

p.    Mooring buoys for residential use on a river shall be securely anchored to pilings to allow for changes in river level, and shall be designed to withstand the one hundred (100) year flood or be seasonably removable.

(Amended: Ord. 2018-11-06)

D.    Commercial Uses.

1.    Water-oriented commercial uses are preferred over nonwater-oriented commercial uses.

2.    An applicant for a new commercial use or development shall demonstrate that:

a.    There will not be a net loss of shoreline ecological function by reason of the use or development; and

b.    The use or development will have no significant adverse impacts to other shoreline resources or other shoreline uses.

3.    Loading, service areas, and other accessory uses and structures shall be located landward of a commercial structure or underground whenever possible, but shall in no case be waterward of the structure. Loading and service areas shall be screened from view with native plants.

4.    Where allowed, nonwater-oriented commercial uses may be permitted:

a.    As part of mixed use developments where the primary use is residential and where there is a substantial public benefit with respect to the goals and policies of this Program such as providing public access or restoring degraded shorelines;

b.    Where navigability is severely limited at the proposed site and the commercial use provides a significant public benefit with respect to the Act’s objectives such as providing public access and ecological restoration; or

c.    If the site is physically separated from the shoreline by another property or public right-of-way.

5.    Nonwater-oriented commercial uses may occupy:

a.    Up to a total of twenty-five percent (25%) of the total frontage length of all parcels in the master planned development (regardless of ownership); or

b.    Up to a total of twenty-five percent (25%) of the total project area within shoreline jurisdiction of all parcels in the master planned development (regardless of ownership).

(Amended: Ord. 2014-08-10; Ord. 2018-11-06)

E.    Forest Practices.

1.    Commercial harvest of timber undertaken on shorelines shall comply with the applicable policies and provisions of the Forests and Fish Report (U.S. Fish and Wildlife Service, et al., 1999) and the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC Title 222), as administered by the Department of Natural Resources.

2.    Timber harvest conducted under a forest practice authorized under WAC Title 222 or Section 40.260.080 is not development as defined in Chapter 90.58 RCW and is not subject to the Shoreline Master Program. Other activities conducted under a forest practice, such as road improvement, maintenance or construction, culvert replacements, or placement of landings, are development subject to this chapter.

3.    When timberland is to be converted to another use, such conversion shall be clearly indicated on the forest practices application. Failure to indicate the intent to convert the timberland to another use on the application will result in subsequent conversion proposals being reviewed pursuant to Conversion Option Harvest Plan. Failure to declare intent to convert on the application shall provide adequate grounds for denial of subsequent conversion proposals for a period of six (6) years from date of forest practices application approval per RCW 76.09.060(3)(d), (e) and (f), RCW 76.09.460 and 76.09.470, subject to the provisions of Sections 40.260.080(A)(4)(a)(2) and (C).

4.    With respect to timber situated within two hundred (200) feet landward of the OHWM within shorelines of statewide significance, Ecology or the county shall allow only selective commercial timber cutting, so that no more than thirty percent (30%) of the merchantable trees may be harvested in any ten (10) year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. Exceptions to this standard shall be by conditional use permit only.

5.    For the purposes of this Program, preparatory work associated with the conversion of land to nonforestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed nonforestry use and the general provisions of this Program, including vegetation conservation.

(Amended: Ord. 2018-11-06)

F.    Industrial Uses.

1.    General Requirements.

a.    Water-oriented industrial uses and development are preferred over non-water-oriented industrial uses and development.

b.    Water-related uses shall not displace existing water-dependent uses or occupy space designated for water-dependent uses identified in a substantial development permit or other approval.

c.    Water-enjoyment uses shall not displace existing water-dependent or water-related uses or occupy space designated for water-dependent or water-related uses identified in a substantial development permit or other approval.

d.    Waterward expansion of existing non-water-oriented industry is prohibited.

e.    Proposed developments shall maximize the use of legally established existing industrial facilities and avoid duplication of dock or pier facilities before expanding into undeveloped areas or building new facilities. Proposals for new industrial and port developments shall demonstrate the need for expansion into an undeveloped area.

f.    Proposed large-scale industrial developments or major expansions shall be consistent with an officially adopted comprehensive scheme of harbor improvement and/or long-range port development plan.

g.    New facilities for shallow-draft shipping shall not be allowed to preempt deep-draft industrial sites.

h.    Ship, boat-building, and repair yards shall employ best management practices (BMPs) with regard to the various services and activities they perform and their impacts on surrounding water quality.

i.    Industrial water treatment and water reclamation facilities may be permitted only as conditional uses and only upon demonstrating that they cannot be located outside of shoreline jurisdiction. They shall be designed and located to be compatible with recreational, residential, or other public uses of the water and shorelands.

2.    Log Storage.

a.    Log booming, rafting and storage in the Aquatic shoreline designation shall comply with WAC 332-30-145 or its successor.

b.    Log storage shall be permitted in public waters only where:

(1)    Water quality standards can be met at all times;

(2)    Grounding will not occur;

(3)    Associated activities will not hinder other beneficial uses of the water, such as small craft navigation; and

(4)    Fish and wildlife habitat conservation areas can be avoided.

c.    No log raft shall remain in the Aquatic shoreline designation for more than one (1) year, unless specifically authorized in writing.

d.    Log storage facilities shall be sited to avoid and minimize the need for dredging in order to accommodate new barging and shall be located in existing developed areas to the greatest extent feasible. If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis shall be required that demonstrates that it is not feasible to locate the facility within an existing developed area.

e.    A debris management plan describing the removal and disposal of wood waste must be approved by the county. Debris monitoring reports shall be provided, where stipulated. Positive control, collection, treatment, and disposal methods for keeping leachate, bark, and wood debris (both floating and sinking particles) out of surface water and groundwater shall be employed at log storage areas, log dumps, raft building areas, and mill-side handling zones. In the event that bark or wood debris accidentally enters the water, it shall be immediately removed. Surface runoff from log storage areas shall be collected and discharged at only one point, if possible.

f.    Existing in-water log storage and log booming facilities in critical habitats utilized by threatened or endangered species classified under the Endangered Species Act (ESA) shall be re-evaluated if use is discontinued for one (1) year, or if substantial repair or reconstruction is required. The evaluation shall include an alternatives analysis in order to determine if logs can be stored upland and out of the water, or if the site should be used for other purposes that would have lesser impacts on ESA-listed species. The alternatives analysis shall include evaluation of the potential for moving all, or portions of, log storage and booming to uplands.

g.    Nonaquatic log storage areas shall meet the following requirements:

(1)    The ground surface of any unpaved log storage area underlain by permeable soils shall be separated from the highest seasonal water table by at least four (4) feet in order to reduce waste buildup and impacts on groundwater and surface water;

(2)    Stormwater shall be managed consistent with Chapters 13.26A and 40.386; and

(3)    A berm must be located around the outer edge of the upland sort surface using rocks, or other suitable materials to prevent loss of wood debris into the water.

(Amended: Ord. 2015-12-12)

G.    Institutional Uses.

1.    Water-oriented institutional uses and developments are preferred.

2.    Where allowed, non-water-oriented institutional uses may be permitted as part of a mixed use development; provided, that a significant public benefit such as public access and/or ecological restoration is provided.

3.    Loading, service areas, and other accessory uses shall be located landward of a primary structure or underground whenever possible, but shall in no case be waterward of the structure. Loading and service areas shall be screened from view with native plants.

4.    Where institutional uses are allowed as a conditional use, the following must be demonstrated:

a.    A water-dependent use is not reasonably expected to locate on the proposed site due to topography, surrounding land uses, physical features of the site, or the site’s separation from the water;

b.    The proposed use does not displace a current water-oriented use and will not interfere with adjacent water-oriented uses; and

c.    The proposed use will be of substantial public benefit by increasing the public use, enjoyment, and/or access to the shoreline consistent with protection of shoreline ecological function.

H.    Mining.

1.    An applicant for mining and associated activities within the shoreline jurisdiction shall demonstrate that the proposed activities are dependent on a shoreline location consistent with this Program and WAC 173-26-201(2)(a).

2.    Mining and associated activities shall be designed and conducted to result in no net loss of shoreline ecological functions and processes, and will only be allowed if they will not cause:

a.    Damage to or potential weakening of the structural integrity of the shoreline zone that would change existing aquatic habitat or aquatic flow characteristics;

b.    Changes in the water or exchange of water to or from adjacent water bodies that would damage aquatic or shoreline habitat; and

c.    Changes in groundwater or surface water flow that would be detrimental to aquatic habitat, shoreline habitat, or groundwater.

3.    Mining within the active channel(s) or channel migration zone of a stream shall not be permitted unless:

a.    Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect in-stream habitat or the natural processes of gravel transport for the stream system as a whole.

b.    The mining and any associated permitted activities, such as flood hazard reduction (Section 40.460.530(C)), will not have significant adverse impacts to habitat for priority species nor cause a net loss of shoreline ecological functions.

4.    The applicant shall obtain and fully comply with all necessary permits and approvals, including, but not limited to, hydraulic project approvals (HPA) from WDFW.

5.    A reclamation plan that complies with the format and detailed minimum standards of Chapter 78.44 RCW and Chapter 332-18 WAC and that meets the provisions of this Program shall be included with any shoreline permit application for mining. The proposed subsequent use of mined property must be consistent with the provisions of the shoreline designation in which the property is located, and shall obtain and fully comply with all necessary permits and approvals. Reclamation of disturbed shoreline areas shall provide appropriate ecological functions consistent with the setting.

6.    Aggregate washing and ponding of waste water are prohibited in floodways.

7.    Disposal of overburden or other mining spoil or nonorganic solid wastes shall comply with fill policies and regulations of this Program and other applicable county regulations.

8.    In considering renewal, extension or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, the county shall require compliance with this Program.

9.    Where a lawfully established mining operation has resulted in the creation of a lake(s) greater than twenty (20) acres and such lake(s) is subject to the provisions of this Program and the Act, such lake(s) shall be given a shoreline designation of Rural Conservancy – Resource Lands or as otherwise adopted. Notwithstanding any other applicable regulations, such mining operations shall be permitted to continue and may be expanded subject to approval of a shoreline conditional use permit.

10.    The provisions of this section do not apply to dredging of authorized navigation channels when conducted in accordance with WAC 173-26-231.

I.    Parking.

1.    Parking as a primary use is prohibited in all shoreline areas.

2.    Where parking is allowed as accessory to a permitted use, it shall be located landward of the primary structure as far as possible or within the primary structure.

J.    Recreational Uses.

1.    Recreational developments shall provide for nonmotorized access to the shoreline such as pedestrian and bicycle paths.

2.    The minimum width of public access easements for trails shall be twenty (20) feet when a trail is not located within a public right-of-way, unless the Shoreline Administrator determines that undue hardship would result, or that it is impractical or environmentally unsound. In such cases, easement width may be reduced only by the minimum extent necessary to meet public access standards.

3.    Recreation areas or facilities on the shoreline shall provide physical or visual public access to the shoreline.

4.    Parking areas shall be located upland away from the immediate shoreline, with pedestrian trails or walkways providing access to the water.

5.    All permanent, substantial, recreational structures and facilities shall be located outside officially mapped floodways. The Shoreline Administrator may grant administrative exceptions for nonintensive minor accessory uses (including, but not limited to, picnic tables, playground equipment).

6.    Recreational sites with active uses shall be provided with restrooms and hand-sanitizing facilities in accordance with public health standards and without adversely altering the natural features attractive for recreational uses.

7.    Recreational facilities shall include features such as buffer strips, screening, fences, and signs, if needed to protect the value and enjoyment of adjacent or nearby private properties and natural areas from trespass, overflow and other possible adverse impacts.

8.    Where fertilizers and pesticides are used in recreational developments, waters in and adjacent to such developments shall be protected from drainage and surface runoff.

9.    Golf course structures (clubhouses and maintenance buildings) that are non-water-oriented shall be located no closer than one hundred (100) feet from the OHWM of any shorelines of the state.

10.    Tees, greens, fairways, golf cart routes, and other site development features shall be located no closer than one hundred (100) feet from the OHWM of any shorelines of the state to the extent practicable. Where unavoidable, such development shall be designed to minimize impacts to shoreline and critical areas and their buffers and mitigate impacts by including ecological restoration and enhancement.

11.    Golf course water hazards and stormwater drainage basins shall be managed:

a.    For wildlife through appropriate plantings and measures to maintain or enhance water quality; and

b.    Consistent with Chapters 13.26A and 40.386.

12.    The setback for water-related and water-enjoyment recreational development in Natural, Urban Conservancy, and Medium Intensity shoreline designations is fifty (50) feet, except trails which may meander between twenty (20) and fifty (50) feet landward of the OHWM to:

a.    Respond to site characteristics such as natural topography and existing vegetation; or

b.    Take advantage of opportunities for visual or physical access to the shoreline; or

c.    Connect existing trail easements; or

d.    Create an interesting experience for trail users.

    A trail project, any portion of which encroaches closer than fifty (50) feet, shall maintain no net loss of shoreline ecological function and include shoreline restoration where feasible.

13.    The following trail types as described in the Vancouver-Clark Parks and Recreation Regional Trails and Bikeway Systems Plan (2006) are preferred in the Natural shoreline designation:

a.    Type A3: Primitive Trails or Paths;

b.    Type C2: Walking Trails or Paths; and

c.    Type D1: Equestrian Trails or Paths.

14.    When regional or local shared-use or other impervious surface trails are proposed in the Natural or Urban Conservancy shoreline designations, to respond to Americans with Disabilities Act (ADA) requirements or other circumstances or conditions, the project shall maintain no net loss of shoreline ecological functions and shall include restoration where feasible.

(Amended: Ord. 2015-12-12)

K.    Residential Uses.

1.    Residential development shall include provisions to ensure preservation of native vegetation and to control erosion during construction.

2.    New residential construction shall be located so as not to require shoreline stabilization measures.

3.    New residential development shall be prohibited in, over, or floating on the water.

4.    New residential development shall be located and designed to a density that minimizes view obstructions to and from the shoreline.

5.    Clustering of residential units as permitted by this title shall be allowed where appropriate to minimize physical and visual impacts on shorelines.

6.    In those areas where only on-site sewage systems are available, density shall be limited to that which can demonstrably accommodate protection of surface and groundwater quality.

7.    New residential development, including sewage disposal systems, shall be prohibited in floodways and channel migration zones.

8.    Appurtenances, accessory uses, and facilities serving a residential structure shall be located outside setbacks, critical areas, and buffers unless otherwise allowed under this Program to promote community access and recreational opportunities. Normal appurtenances are limited to garages (up to three (3) cars), shops (up to one thousand (1,000) square feet), decks, driveways, utilities, and fences.

9.    Residential lots that are boundary line-adjusted or newly created through a land division shall be configured such that:

a.    Structural flood hazard reduction measures are not required and will not be necessary during the life of the development or use;

b.    Shoreline stabilization measures are not required; and

c.    Any loss of shoreline ecological function can be avoided.

10.    Where a new moorage facility is proposed within a residential waterfront development of more than four (4) units, only one (1) joint-use facility shall be allowed, but only after demonstrating that such use is appropriate for the water body. The applicant must also demonstrate that no public moorage facility is available to residents. This condition of approval with required access easements and dedications shall be identified on the face of the plat. In addition, the joint-use dock easement shall be recorded with the County Auditor.

11.    New floating homes are prohibited.

12.    Floating homes legally established as of January 1, 2011, are considered conforming uses. A one (1) time expansion is allowed, as follows:

a.    The expansion maintains the size of the footprint of the existing residence;

b.    The expansion does not exceed the allowed height limit; and

c.    The applicant demonstrates through a letter of exemption that the expansion will result in no net loss of shoreline ecological functions.

13.    Floating on-water residences legally established prior to July 1, 2014, are considered conforming uses. A one (1) time expansion is allowed, as follows:

a.    The expansion maintains the size of the footprint of the existing residence;

b.    The expansion does not exceed the allowed height limit; and

c.    The applicant demonstrates through a letter of exemption that the expansion will result in no net loss of shoreline ecological functions.

14.    Existing Residential Structures.

a.    Legally established existing residential structures and appurtenances located landward of the OHWM and outside the floodway that do not meet the standards of this Program are considered to be conforming, except that an application to replace an existing residential structure must meet all setback, height, and other construction requirements of the Program and the Act. A one (1) time expansion is allowed, as follows:

(1)    The expansion is no more than twenty-five percent (25%) of the habitable floor area of the existing residence;

(2)    The expansion does not exceed the allowed height limit;

(3)    The expansion is no farther waterward than the existing structure; and

(4)    The applicant demonstrates that the expansion will result in no net loss of shoreline ecological functions.

b.    If a structure or development is damaged by fire, flood, explosion, or other natural disaster and the damage is less than seventy-five percent (75%) of the replacement cost of the structure or development, it may be restored or reconstructed to those configurations existing at the time of such damage, provided:

(1)    The reconstructed or restored structure will not cause additional adverse effects to adjacent properties or to the shoreline environment;

(2)    The rebuilt structure or portion of structure shall not expand the original footprint or height of the damaged structure;

(3)    No degree of relocation shall occur, except to increase conformity or to increase ecological function, in which case the structure shall be located in the least environmentally damaging location possible;

(4)    The submittal of applications for permits necessary to restore the development is initiated within twelve (12) months of the damage. The Shoreline Administrator may waive this requirement in situations with extenuating circumstances;

(5)    The reconstruction is commenced within one (1) year of the issuance of permit;

(6)    The Shoreline Administrator may allow a one (1) year extension provided consistent and substantial progress is being made; and

(7)    Any residential structures, including multifamily structures, may be reconstructed up to the size, placement and density that existed prior to the damage, so long as other provisions of this Program are met.

c.    If a structure or development is either demolished, or damaged by fire, flood, explosion, or other natural disaster and the damage is more than seventy-five percent (75%) of the replacement cost of the structure or development, then any replacement structure has to meet the requirements of the Program and the Act.

15.    New appurtenances shall meet the setback requirements of this Program.

(Amended: Ord. 2015-12-12)

L.    Signs.

1.    Freestanding signs shall be for only informational purposes such as directional, navigational, educational/interpretive, and safety purposes, unless otherwise allowed under this Program and as specified in Table 40.460.620-1.

2.    Signs for commercial purposes shall be limited to fascia or wall signs and as regulated by Chapter 40.310, unless otherwise provided for in this chapter for specific uses.

3.    All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access corridors to the shoreline.

4.    Over-water signs or signs on floats or pilings shall be prohibited, except when related to navigation or a water-dependent use. Such signs shall be limited to fifteen (15) feet in height above the OHWM.

5.    Illuminated signs shall be limited to informational, directional, navigational or safety purposes and shielded so as to eliminate glare when viewed from surrounding properties or watercourses.

M.    Transportation Uses.

1.    All transportation facilities in shoreline areas shall be constructed and maintained to cause the least possible adverse impacts on the land and water environments, shall respect the natural character of the shoreline, and make every effort to preserve wildlife, aquatic life, and their habitats.

2.    New or expanded surface transportation facilities not related to and necessary for the support of shoreline activities shall be located outside the shoreline jurisdiction wherever possible, or set back from the ordinary high water mark far enough to make shoreline stabilization, such as riprap, bulkheads or jetties, unnecessary.

3.    Transportation facilities shall not adversely impact existing or planned water-dependent uses by impairing access to the shoreline.

4.    All roads shall be adequately set back from water bodies and shall provide buffer areas of compatible, self-sustaining native vegetation. Shoreline scenic drives and viewpoints may provide breaks in the vegetative buffer to allow open views of the water.

5.    Transportation facilities that are allowed to cross over water bodies and associated wetlands shall utilize elevated, open pile or pier structures whenever feasible to reduce shade impacts. All bridges shall be built high enough to allow the passage of debris and anticipated high water flows.

6.    Fills for transportation facility development shall not be permitted in water bodies or associated wetlands except when all structural or upland alternatives have proven infeasible and the transportation facilities are necessary to support uses consistent with this Program.

7.    Transportation and utility facilities shall be required to make joint use of rights-of-way and to consolidate crossing of water bodies.

N.    Utility Uses.

    These provisions apply to services and facilities that produce, convey, store, or process power, gas, wastewater, communications, and similar services and functions. On-site utility features serving a primary use, such as a water, sewer or gas line to a residence or other approved use, are “accessory utilities” and shall be considered a part of the primary use.

1.    Whenever feasible, all utility facilities shall be located outside shoreline jurisdiction. Where distribution and transmission lines (except electrical transmission lines) must be located in the shoreline jurisdiction they shall be located underground.

2.    Where overhead electrical transmission lines must parallel the shoreline, they shall be outside of the two hundred (200) foot shoreline environment unless topography or safety factors would make it unfeasible.

3.    Utilities, including limited utility extensions, shall be designed, located and installed in such a way as to preserve the natural landscape, minimize impacts to scenic views, and minimize conflicts with present and planned land and shoreline uses.

4.    Transmission, distribution, and conveyance facilities shall be located in existing rights-of-way and corridors or shall cross shoreline jurisdictional areas by the shortest, most direct route feasible, unless such route would cause significant environmental damage.

5.    Utility production and processing facilities, such as power plants and wastewater treatment facilities, or parts of those facilities that are non-water-oriented shall not be allowed in the shoreline jurisdiction unless it can be demonstrated that no other feasible option is available.

6.    Stormwater control facilities, limited to detention/retention/treatment ponds, media filtration facilities, and lagoons or infiltration basins, within the shoreline jurisdiction shall only be permitted when the stormwater facilities are designed to mimic and resemble natural wetlands, ponds, or closed depressions, and meet applicable water quality requirements of Chapter 40.386.

7.    Stormwater outfalls may be placed below the OHWM to reduce scouring, but new outfalls and modifications to existing outfalls shall be designed and constructed to avoid impacts to existing native aquatic vegetation attached to or rooted in substrate. In river and stream shorelines, stormwater outfall structures may require permanent bank hardening to prevent failure of the outfall structure or erosion of the shoreline. Diffusers or discharge points must be located offshore at a distance beyond the nearshore area to avoid impacts to nearshore habitats.

8.    Water reclamation discharge facilities such as injection wells or activities such as land application are prohibited in the shoreline jurisdiction, unless the discharge water meets Ecology’s Class A reclaimed water standards. An applicant for discharge of Class A reclaimed water in the shoreline jurisdiction shall demonstrate habitat benefits of such discharge.

9.    Where allowed under this Program, construction of underwater utilities or those within the wetland perimeter shall be scheduled to avoid major fish migratory runs or use construction methods that do not cause disturbance to the habitat or migration.

10.    All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially detrimental to water quality shall be equipped with automatic shut off valves.

11.    Upon completion of utility installation/maintenance projects on shorelines, banks shall, at a minimum, be restored to pre-project configuration, replanted and provided with maintenance care until the newly planted vegetation is fully established. Plantings shall be native species and/or be similar to vegetation in the surrounding area.

(Amended: Ord. 2012-07-16; Ord. 2015-12-12; Ord. 2018-01-01)