Chapter 16.12
SHORELINE ENVIRONMENTAL DESIGNATION
Sections:
16.12.001 Shorelines of statewide significance.
16.12.005 Shoreline environment designation map.
16.12.010 Rural residential environment.
16.12.001 Shorelines of statewide significance.
The State of Washington Shoreline Management Act (SMA) designates certain shoreline areas as shorelines of statewide significance. These shorelines are considered important major resources from which all people in the state derive benefit. The SMA states that local shoreline master programs must give preference to uses which favor public and long-term interests of the people of the state. In the city of Normandy Park, only the marine shorelines waterward of extreme low tide are designated shorelines of statewide significance. The lower portions of Miller and Walker Creeks are within shoreline jurisdiction due to their proximity to the marine shoreline; however, they do not meet criteria to be considered “shorelines of the state” or “shorelines of statewide significance.” The following policies apply to Normandy Park’s shoreline areas:
(1) Recognize and protect the statewide interest over local interest.
(2) Preserve the natural character of the shoreline.
(3) Result in long-term over short-term benefit.
(4) Protect the resources and ecology of the shoreline.
(5) Increase public access to publicly owned areas of the shoreline.
(6) Increase recreational opportunities for the public on the shoreline. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).
16.12.005 Shoreline environment designation map.
The shoreline designation map, Appendix A, Map of Shoreline Designations (Figure 1), establishes the general locations of each of the shoreline designations within the city of Normandy Park. This map generally illustrates the extent of shoreline jurisdiction, but is only a depiction that will need to be reviewed and determined case-by-case based on the relevant definitions in the SMA. In the event that there are any undesignated shorelines of the state, they will be automatically designated urban conservancy under this SMP. If any part of a proposed development or activity is located within this shoreline designation, the entire proposal must be reviewed for consistency with the city of Normandy Park’s shoreline master program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).
16.12.010 Rural residential environment.
(1) Purpose. The purpose of the rural residential environment is to restrict intensive development along single-family residential shorelines and to maintain open spaces and opportunities for recreational uses compatible with residential uses. Protection of the natural shoreline environment and its resources is encouraged.
(2) Criteria for Designation. The rural residential environment designation is an area of low to medium density single-family residential development and some public and private recreational uses. The area is free from intensive development and does not include any multifamily residential, commercial, or industrial development. Planned residential developments may be allowed by the city of Normandy Park. The rural residential environment includes sensitive areas such as steep slopes, eroding bluffs, stream deltas, heavily wooded areas, and flood zones.
(3) Management Policies.
(a) New developments in the rural residential environment should reflect the character of the surrounding area by limiting residential density, providing permanent open space, and by maintaining adequate building setbacks from the water.
(b) Public and private recreational facilities and uses compatible with residential uses should be encouraged.
(c) Water-dependent, water-related, or water-enjoyment recreational activities should be encouraged on publicly owned property.
(d) Public access opportunities should be encouraged to publicly owned shorelines without having to trespass on private upland or tideland properties.
(e) Intensive development such as multifamily residential, commercial, ports, and industrial development should not be permitted.
(f) Low density residential development should be allowed when supporting community facilities such as public sewer, water and power are available.
(g) Residential developments and recreational uses should be located, sited, designed, and maintained to protect and enhance the shoreline environment.
(h) Construction of structural shoreline stabilization should be permitted for bank protection; provided it is designed so that it will not result in significant damage to neighboring properties. New developments should be designed to preclude the need for such stabilization and should be compatible with existing shoreline characteristics and limitations. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).
16.12.015 Aquatic.
(1) Purpose. The purpose of the aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline areas waterward of the ordinary high water mark. This is accomplished by managing water dependent uses and modifications to:
(a) Preserve/restore ecological functions of the nearshore area;
(b) Preserve critical saltwater and freshwater habitat;
(c) Provide public access and recreation opportunities; and
(d) Assure compatibility between shoreland and aquatic uses.
(2) Criteria for Designation. An aquatic shoreline environment designation is assigned to areas waterward of the ordinary high water mark of Puget Sound half the distance to Vashon Island. The aquatic shoreline environment designation includes the water surface together with the underlying lands and the water column.
(3) Management Policies.
(a) Shoreline uses and modifications should be compatible with the adjoining shoreline environment and designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions.
(b) New or reconstructed overwater structures should be allowed only for water-dependent uses, public access, or ecological restoration if it can be clearly shown that the cumulative environmental impacts of such structures will not cause significant adverse impacts to protected species.
(c) The size of new or reconstructed overwater structures should be limited to the minimum necessary to support the structure’s intended use and should support multiple uses.
(d) All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation and moorage.
(e) All developments and uses should consider impacts to public views and access and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration.
(f) Restoration opportunities associated with project impacts should be encouraged in the aquatic environment.
(g) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020 (Shoreline Management Act), and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) (Environmental Impact Mitigation) necessary to achieve no net loss of ecological functions.
(h) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).
16.12.020 Urban conservancy.
(1) Purpose. The purpose of the urban conservancy shoreline environment designation is to protect and restore ecological functions of open space, floodplains, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. This designation focuses on providing access for the enjoyment of marine and lake shorelines by allowing the development of recreational facilities.
(2) Criteria for Designation. An urban conservancy environment designation is assigned to areas within shoreline jurisdiction that are suitable for public (including community access and unlimited general access) or private access, water-enjoyment recreational uses, and active recreation developments. These are areas that are developed at a low density including outdoor recreation. The urban conservancy environment is designated for Marine View Park and a portion of the mouth of Miller and Walker Creeks (see Appendix A, Map of Shoreline Designations (Figure 1)).
(3) Management Policies.
(a) Uses that preserve or restore the natural character of the shoreline area or promote preservation of open space and critical areas should be the primary allowed uses.
(b) Public and private access and public and private recreation objectives should be implemented if feasible and wherever any significant ecological impacts can be mitigated.
(c) Water-oriented uses should be given priority over non-water-oriented uses, with water-dependent uses given the highest priority.
(d) New development should be designed and located to preclude the need for shoreline armoring, vegetation removal, flood control, and other shoreline modifications.
(e) Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications. These standards shall ensure that new development or redevelopment does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).
16.12.025 Bluff conservancy.
(1) Purpose. The purpose of the bluff conservancy environment is to protect those shoreline areas that are steep feeder bluffs that are relatively free of human influence or that include intact or minimally degraded shoreline functions sensitive of human use. This designation is meant to be an overlay over rural residential designation where single-family residences are on top of feeder bluffs. These systems require that only very low-intensity uses be allowed in order to maintain the ecological functions and ecosystem-wide processes. Restoration of the shoreline and shoreline functions, where feasible and permitted under the Normandy Park Code, is encouraged in this environment.
(2) Criteria for Designation.
(a) Bluff conservancy environment designation should be assigned to shoreline areas if any of the following characteristics apply:
(i) The shoreline is undeveloped and contains feeder bluff habitat and therefore is currently performing an important, irreplaceable function or ecosystem-wide process that would be impaired by human activity.
(ii) The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety.
(iii) Uses in the bluff conservancy include low impact recreation and natural resource-based, low-intensity activities.
Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats.
“Ecologically intact shorelines,” as used here, means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses. In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. Recognizing that there is a continuum of ecological conditions ranging from near-natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development or have risk to human safety if they were developed. Whether or not a shoreline is ecologically intact is determined on a case-by-case basis.
The term “ecologically intact shorelines” applies to all shoreline areas meeting the above criteria ranging from larger reaches that may include multiple properties to small areas located within a single property.
(3) Management Policies.
(a) Any use that would degrade the ecological functions or natural character of the shoreline area should not be allowed.
(b) The following new uses should not be allowed in the “bluff conservancy” environment:
(i) Residential development.
(ii) Commercial uses.
(iii) Non-water-oriented recreation.
(iv) Industrial uses.
(v) Non-water-oriented recreation.
(vi) Roads, utility corridors, and parking areas that can be located outside of bluff conservancy designated shorelines.
(vii) All other uses prohibited by this SMP.
(c) No development shall be allowed that requires shoreline stabilization structures, except for lots where existing civil settlements by and between the city require them.
(d) Notwithstanding anything to the contrary in the SMP or Normandy Park Code, existing shoreline stabilization structures may be allowed to remain and be maintained, subject to approval by the city. Where existing shoreline stabilization measures are allowed to be repaired or rebuilt, soft-armoring should be used where feasible to protect ecological functions and be consistent with the purpose of this environment. Rebuilt shoreline stabilization measures shall be placed above the ordinary high water mark, where feasible.
(e) Scientific, historical, cultural, educational research uses, and low-intensity water-oriented recreational access uses may be allowed; provided, that no significant ecological impact on the area will result.
(f) Development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. The subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions is not allowed. That is, each new parcel must be able to support its intended development without significant ecological impacts to the shoreline ecological functions. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).
16.12.030 Beach community.
(1) Purpose. The purpose of the beach community environment is to recognize the unique community of single-family residential uses and to protect the safety of the residences while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded, where feasible. The beach community environment would maintain open spaces and opportunities for recreational uses compatible with the beach residential uses. Protection of the natural shoreline environment and its resources is encouraged. Due to the potential for damage to structures in this designation and the physical constraints to repair and redevelopment, removal of structures, restoration of the natural shoreline, and change of use to conservation is encouraged.
The following identifies the objectives for the beach community designation in order of importance:
(a) Protect the unique characteristics of these communities while minimizing the impact to critical areas and natural shoreline processes;
(b) Accommodate the functional re-use of residential structures and safety of its residences; and
(c) Encourage restoration of natural shoreline, removal of all structures, or placing properties in conservation where residential structures and property have been substantially damaged.
(2) Criteria for Designation. The beach community designation is an area largely occupied by the collection of unique single-family residences and seasonal single-family residences. Some residences are located on the beach and are prone to storm damage. The area is free from intensive development and does not include any multifamily residential, commercial, or industrial development. The beach community designation includes sensitive areas such as beaches, steep slopes, eroding feeder bluffs, heavily wooded areas, and flood zones.
(3) Management Policies.
(a) When substantial redevelopment or development activities occur on parcels in this environment, septic systems must be abandoned and the houses must be connected to the Southwest Suburban Sewer System within the city or the Midway Sewer System in Des Moines, Washington.
(b) Public access opportunities should be encouraged to publicly owned shorelines without having to trespass on private upland or tideland properties.
(c) Intensive development such as multifamily residential, commercial, ports, and industrial development should not be permitted. Additional residential development in this environment is not encouraged.
(d) Construction or reconstruction of shoreline stabilization measures should be permitted for bank protection and residential safety, provided it is designed so that it will not result in significant damage to neighboring properties, and would not result in net loss of ecological functions. New developments should be designed to preclude the need for such stabilization and should be compatible with existing shoreline characteristics and limitations.
(e) Substantially damaged residences are encouraged to change use of their property to conservation instead of rebuilding with the intent of allowing preservation or restoration of ecological functions.
(f) For redevelopment activities, the applicant must comply with NPMC 16.20.185 and 16.20.190 and also establish a covenant per NPMC 16.20.190(1)(a)(xiv). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).