Chapter 16.04


16.04.010    Purpose and responsibility.

16.04.020    Area of jurisdiction.

16.04.030    Compliance in Normandy Park.

16.04.040    Citizen involvement.

16.04.045    References to plans, regulations or information sources.

16.04.050    Master program goals.

16.04.060    Master program organization.

16.04.010 Purpose and responsibility.

(1) The Shoreline Management Act of 1971 was adopted in 1972 (Chapter 90.58 RCW). It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to ensure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.

(2) Primary responsibility for shoreline regulation and planning is given to local governments with the Department of Ecology acting in a review and watchdog capacity. Where a local shoreline is part of a designated “shoreline of statewide significance,” as in the case of areas seaward of extreme low tide in Normandy Park, local governments are required to give priority to statewide objectives and goals enumerated in RCW 90.58.020 for that portion of the shoreline so designated. The department, in adopting guidelines for shorelines of statewide significance, and the local government, in developing master programs for shorelines of statewide significance, shall give priority to uses in the following order of preference which:

(a) Recognize and protect the statewide interest over local interests;

(b) Preserve the natural character of the shoreline;

(c) Result in long-term over short-term benefit;

(d) Protect the resources and ecology of the shoreline;

(e) Increase public access to publicly owned areas of the shorelines;

(f) Increase recreational opportunities for the public; and

(g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

Shoreline master programs (SMPs) serve as standards for implementation of state policy set forth in Chapter 90.58 RCW for regulation of shoreline uses. The master programs articulate local policies and use regulations governing the physical development of land and water resources affecting shorelands. These regulations are in addition to other ordinances, rules and regulations of the city. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.04.020 Area of jurisdiction.

(1) The shoreline area covered by the Normandy Park SMP is approximately three miles along Puget Sound, which is a shoreline of statewide significance (see Appendix A, Map of Shoreline Designations (Figure 1)). The entire shoreline area is designated under five environments: rural residential environment, urban conservancy, beach community, bluff conservancy, and aquatic. The shoreline extends from the Des Moines/Normandy Park city limits on the south to approximately SW 176th Street on the north at the Burien/Normandy Park border. The eastern (shoreward) boundary is 200 feet landward of the ordinary high water mark. The western (seaward) boundary is the minus 100-foot underwater contour (generally, 400 feet seaward of the ordinary high water mark).

(2) In accordance with the 1972 Shoreline Management Act as amended in 2006, that portion of the Normandy Park shoreline area between the extreme low water mark and the minus 100-foot contour (which is permanently underwater) is a publicly owned area of statewide significance where statewide shoreline interests take precedence over local shoreline interests. Extensive tidelands are exposed at low tide all along the Normandy Park shoreline, which are primarily held by private landowners. Marine View Park is city-owned and provides the only public access to those publicly owned shorelands which by definition remain underwater. Private recreational opportunities also exist for property owners living within tract 611750TRCT (referred to as Lot A) at the Normandy Park Cove.

(3) Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this master program, whether or not a permit is required. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.04.030 Compliance in Normandy Park.

(1) Since 1974 the Normandy Park shoreline area has been controlled by the 1973 Normandy Park shoreline master program. The area extending from SW 208th Street to the city of Des Moines has been regulated by the King County Shoreline Master Program of 1977. The overall goal of the SMP is to control and regulate future development as it affects the shoreline area, ensuring that the private sector’s right to use does not infringe upon the public’s right to enjoy and use the shoreline of Puget Sound without having to trespass on private uplands or tidelands. In recognition of the limitations of the natural environment, shoreline development activities and uses are to be regulated in a manner that assures shoreline uses with minimal adverse environmental effects and that preserves unique natural resources and shoreline features having historic, cultural, scientific, and educational value.

(2) The Shoreline Management Act sets forth three primary tasks to be fulfilled by local governments:

(a) Administration of a shoreline permit system for proposed substantial development on wetlands of designated water bodies.

(b) Compilation of a comprehensive inventory which includes a survey of natural characteristics, present land uses, and patterns of property ownership.

(c) Development of a master program to provide an objective guide for regulating the use of shorelines.

(3) The Normandy Park shoreline master program (SMP) refers to the city’s comprehensive plan, zoning code and other development plans and ordinances for which this SMP has relevance. SMP use regulations are, however, a legally separate and stand-alone set of regulations enabled by the Shoreline Management Act of 1971 or as amended thereafter (Chapter 90.58 RCW).

(4) Development within the shoreline area must conform to the city’s general requirements and the SMP. In case of conflict, the stricter requirement applies.

(5) Under the SMP, a permit must be obtained from the city for any proposed substantial development within Normandy Park shoreline.

(6) “Substantial development,” according to the Act, means any development where the total cost or fair market value exceeds that established by state law in RCW 90.58.030(3)(e), or any development that would interfere with the normal public use of the water or shorelines of the state.

(7) However, any development which occurs within the city’s shoreline area, as shown in Appendix A, Map of Shoreline Designations (Figure 1), and as defined by the Act, whether it requires a permit or not, must be consistent with the intent of the Act. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 710 § 1, 2003; Ord. 539 § 2, 1991).

16.04.040 Citizen involvement.

(1) With assistance from local residents, the current master program was developed between 2009 and 2013 as an update of the previous SMP in order to incorporate shorelines annexed by the city since 1973 and to reflect recent changes in state requirements and community preferences. The program presents a description of natural processes, an enumeration of objectives and policies for shoreline development, designation of shoreline environment(s), use regulations, and provisions for variances, conditional uses, unclassified uses, and updating the SMP.

(2) During a three-year period, the technical advisory committee and the city council reviewed and accepted citizen input to this Normandy Park shoreline master program. Citizen input was solicited and received from local newspaper articles, public meetings, phone calls and discussions with residents by the citizen advisory committee, planning commission, and city council meeting discussions. Based on this participation, it is felt that this resulting SMP represents the wishes of the citizens of Normandy Park within the constraints of existing federal, state, and city laws and regulations. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.04.045 References to plans, regulations or information sources.

Critical areas within the city’s shoreline jurisdiction should be managed and protected to ensure no net loss of ecological functions. When feasible, restore degraded ecological functions and ecosystem-wide processes.

Where the critical areas regulations or flood damage prevention regulations conflict with other parts of the SMP, the requirement that most supports the provisions of the SMA as stated in RCW 90.58.020 shall apply, as determined by the shoreline administrator.

(1) The Normandy Park critical areas ordinance, Chapter 18.36 NPMC (Ordinance No. 997 dated October 8, 2019), is hereby adopted in whole as a part of this program, except the following sections shall not apply within shoreline jurisdiction:

(a) NPMC 18.36.090, Exemptions;

(b) NPMC 18.36.100, Allowed activities;

(c) NPMC 18.36.120, Reasonable use exception;

(d) NPMC 18.36.110, Single-family residence administrative exception;

(e) NPMC 18.36.640(7), Allowed Uses;

(f) NPMC 18.36.530(2)(B)(ii): allows buffer reduction to 10 feet in geologically hazardous areas.

(2) Repealed by Ord. 998.

(3) The following sections of Chapter 9.02 NPMC, Construction in Flood Hazard Areas, are hereby adopted in whole as a part of this program: NPMC 9.02.190 (Floodways) and 9.02.200 (Wetlands management).

(4) The following subsections of the Flood Hazard Reduction, WAC 172-26-221(3)(c), are adopted into this program:

(a) Allow new structural flood hazard reduction measures in shoreline jurisdiction only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss, and that appropriate vegetation conservation actions are undertaken consistent with WAC 173-26-221(5).

(b) Place new structural flood hazard reduction measures landward of the associated wetlands, and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration. Provided that such flood hazard reduction projects be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to, structural improvements shall be documented through a geotechnical analysis.

(5) Where conflict between this shoreline master program occurs with other regulations, the more restrictive regulation applies. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.04.050 Master program goals.

The city of Normandy Park, by establishing its master program, intends to control and regulate future development as it affects the shoreline area, ensuring that the private sector’s right to use does not infringe upon the public’s right to enjoy and use the shorelines of Puget Sound without having to trespass on private uplands or tidelands. Shoreline development, in recognition of the limitations of the natural environment, will be regulated to assure that shoreline uses preserve the quality of the environment for the benefit of existing and future generations and the public interest. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.04.060 Master program organization.

The shoreline master program is documented in Chapter 16.08 NPMC through Appendix A and contains: Definitions (16.08), Shoreline Environmental Designation (16.12), Master Program Policy Elements (16.16), Use Regulations (16.20), User’s Guide to Program Administration (16.24) and Appendix A: Map of Shoreline Designations (Figure 1). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).