Chapter 16.20 USE REGULATIONS

(1) Use regulations derive from the goals and policies set forth in the previous chapter and are implementation tools intended to carry out the policies of this master program and the Shoreline Management Act. They represent the major criteria to be used in evaluating proposed developments and alterations to the shoreline environment.

(2) Shoreline uses and activities not specifically identified, or for which policies have not been developed, shall be evaluated on a case-by-case basis and are required to:

(a) Meet the intent of the goals and objectives of this master program;

(b) Comply with the Shoreline Management Act of 1972;

(d) Secure a conditional use permit. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.015 Shoreline permit matrix.

The types of permits required for new shoreline uses and modifications are provided in the permit matrix in Table 1, Shoreline Permit Matrix.

Table 1: Shoreline Permit Matrix
Type of Shoreline Permit Required for New Shoreline Uses and Modifications*
Uses/Modifications	Shoreline Designations (See Chapter 16.12 NPMC for shoreline designation descriptions and Appendix A, Map of Shoreline Designations (Figure 1), for a map of the shoreline designations)
	Rural Residential	Urban Conservancy	Aquatic	Bluff Conservancy	Beach Community
Commercial agriculture (16.20.030)	X	X	X	X	X
Commercial aquaculture (16.20.040)	X	X	CU	X	X
Subsistence/personal consumption aquaculture with structures; restoration and research activities (16.20.040)	CU	Xf	CU	Xf	CU
Subsistence/personal consumption aquaculture – no structures; restoration and research activities (16.20.040)	P	Xf	P	Xf	P
Boating Facilities
Commercial boating facilities (16.20.070)	X	X	X	X	X
Docks and piers – Residential (16.20.200(1))	X	X	X	X	X
Floats – Residential (16.20.200(2))	CU	X	CU	X	CU
Noncommercial launching ramps, rails, and lift stations (16.20.200(3))	CU	CU	CU	X	CU
Boat mooring buoys (16.20.175)	N/A	N/A	P	N/A	N/A
Shoreline Stabilization Structures and Modifications
Breakwater, jetties, and other in-water structures except groins (16.20.120 and 16.20.170)	X	X	X	X	X
New bulkheads not including repair and maintenance (16.20.190)	CU	X	X	X	CU
Bulkhead repair and replacement (16.20.190)	P	X	X	X	P
Groins (16.20.200(4))	CU	X	CU	X	CU
Upland structures –Residential (retaining walls and bluff walls)d	P	X	X	X	P
All other stabilization structures	CU	CU	X	CU	CU
Development on accretion beach (16.20.140)	X	X	X	X	X
Dredginge (16.20.200(5)(a))	CU	CU	CU	X	CU
Fille (16.20.200(5)(b))	CU	CU	CU	CU	CU
Residential development over water (floating home) (16.20.160)	X	X	X	X	X
Commercial forest practices (16.20.050)	X	X	X	X	X
Land clearing and gradingg (16.20.220)	P	X	N/A	X	P
Shoreline vegetation conservation (16.20.195)	P	P	N/A	P	P
Industrial and ports (16.20.090)	N/A	X	X	X	N/A
Mining (16.20.060)	X	X	X	X	X
Public park and recreation facilitiesb (16.20.250)	P	P	P	P	P
Recreation (16.20.250)	P	P	P	Xh	P
Residential – Single-familyd (16.20.210)	P	X	N/A	X	P
Residential – Multifamily (16.20.210)	X	X	N/A	X	X
Commercial use and development (16.20.080)	X	X	X	X	X
Sewage and solid waste treatment facilities (16.20.100 and 16.20.110)	X	X	X	X	X
Monitoring stations or devices (16.20.115)	CU	CU	CU	CU	CU
Transportation facilities and parkingc (16.20.270)	P	X	X	X	P
Utilities (16.20.280 and 16.20.285)	P	P	X	X	P
Preservation of archaeological resources and historic buildings (16.20.290)	P	P	P	P	P
Wireless service facility or communication towera	X	X	X	X	X

P: Permitted – Allowed when meeting the requirements for the given use. A shoreline substantial development permit (SDP) or shoreline exemption may be needed. See WAC 173-27-040 for a complete list of development exempt from a substantial development permit.

CU: Shoreline conditional use permit (requires a Department of Ecology decision if locally approved) – See Chapter 16.24 NPMC for specific procedures. A SDP may also be required.

X: Prohibited

N/A: Not applicable

a Wireless service facility is a tower for cell phone service networks and communication towers are for radio, cable or other communications.

b This category does not include minor repair or maintenance and picnic tables.

c This category does not include minor repair or maintenance of roads and parking areas.

d Exempt from shoreline substantial development permit requirements if this is for construction of only one detached unit built by an owner, lessee, or contract purchaser who will be occupying the residence, in accordance with WAC 173-27-040.

e Permitted for ecological restoration projects and purposes in the bluff conservancy environment.

f Aquaculture for the purposes of research and/or restoration may be allowed under a CU in the bluff conservancy and urban conservancy environments.

g All land clearing activities are subject to NPMC 16.20.195, Shoreline vegetation conservation.

h Low-impact passive recreation is permitted in the bluff conservancy designation, but structures for the purposes of recreation are prohibited.

* Shoreline uses not listed in the matrix above are subject to a shoreline conditional use permit. Note: Work in wetlands and waterward of the OHWM may require separate state and federal authorization and it is the applicant’s responsibility to obtain all necessary approvals before beginning work.

(Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

Article II. General Regulations Regarding Prohibited and Partially Prohibited Uses

16.20.020 Generally.

Based upon the shoreline goals and policies in this program, the following regulations are established for all shoreline use and use elements. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.030 Agriculture.

For the purposes of the Normandy Park master program, agricultural practices refer to all methods of livestock, crop, vegetation and soil management. Essentially, all agricultural activities include some source of nonpoint water pollution. Eight characteristic pollution types require special controls: sediment, nutrient, additives, pesticides, herbicides, salt loads, organic loads, and microbial (pathogens).

(1) Commercial agriculture is prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.040 Aquaculture.

“Aquaculture” means the culture, harvesting or farming of food fish, shellfish, or other aquatic plants and animals. Sport fishing is not considered an aquaculture activity. Aquaculture activities include the hatching, cultivating, planting, feeding, raising, harvesting, and processing of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas. Aquaculture also includes restoration activities that support life of fish and shellfish including, but not limited to, restoration of eelgrass beds and forage fish habitat. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery.

(1) Policies.

(a) Future commercial aquaculture uses are not anticipated within the city’s shoreline jurisdiction due to poor water quality and potential conflicts with navigation, and shall be considered on a case-by-case basis through a shoreline conditional use permit.

(b) Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions, adversely impact critical saltwater habitats, eelgrass and macroalgae, or significantly conflict with existing adjacent uses.

(c) Aquacultural facilities, if permitted within the Normandy Park shoreline, must be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline.

(d) Aquaculture for the purpose of research or restoration and enhancement of native species is encouraged and shall be considered on a case-by-case basis through a shoreline conditional use permit.

(e) Noncommercial aquaculture for the purposes of personal consumption may be allowed on a case-by-case basis and must comply with all applicable elements of the SMP and state and federal regulations, and does not require a permit unless structures are used. When structures are used, a conditional use permit may be required.

(2) Management Policies.

(a) Aquatic environment – Commercial aquaculture is allowed with a CUP. Aquaculture for the purposes of personal consumption (subsistence) is allowed when no structures are involved. A conditional use permit shall be required when structures are used for aquaculture for personal consumption.

(b) Urban and bluff conservancy environments – Commercial aquaculture is prohibited. Aquaculture for the purposes of research and restoration and enhancement is allowed with a CUP. Aquaculture for the purposes of personal consumption is prohibited.

(c) Rural residential and beach community environments – Commercial aquaculture is prohibited. Aquaculture for the purposes of research and restoration and enhancement is allowed with a conditional use permit. Aquaculture for the purposes of personal consumption is allowed when no structures are used. A conditional use permit shall be required when structures are used for aquaculture for personal consumption.

(3) Regulations.

(a) Aquaculture is not permitted in areas where it would result in a net loss of ecological functions in or damage to critical saltwater habitats (e.g., eelgrass) as defined in NPMC 16.08.125, or significantly conflict with navigation and other water-dependent uses.

(b) No aquatic organism shall be introduced into city of Normandy Park shoreline areas without the prior written approval of the Washington State Department of Fish and Wildlife or the appropriate regulatory agency for the specific organism.

(c) Aquaculture for the purposes of restoration in support of fish, shellfish, and/or other aquatic animals, and/or aquatic plants, may be allowed if a conditional use permit is granted by Normandy Park and written approval has been provided by Washington State Department of Fish and Wildlife or the appropriate regulatory agency for the specific activity.

(d) A wastewater plant is operated by the Southwest Sewer District and discharges into the combined mouths of Miller and Walker Creeks. Another wastewater plant is operated by Midway Sewer District and is located in Des Moines, Washington. These plants frequently discharge raw sewage into the creeks and Puget Sound during large storm events or power failures. This discharge is not compatible with aquaculture due to the levels of contaminants discharged into Puget Sound. Any aquaculture that would provide a food source for humans except for the purposes of restoration is prohibited within one-half mile of wastewater treatment plant outfall in order to protect the safety of the public from contamination due to the wastewater effluent.

(e) The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the project proponent and the affected tribe(s).

(f) All aquaculture must comply with all state and federal policies, regulations and permits, including Chapter 173-26 WAC, Part III and Chapter 173-27 WAC, and all applicable policies and provisions of this SMP.

(g) All aquaculture must comply with the city’s noise, litter, and nuisance ordinances.

(h) All aquaculture that is allowed within the shoreline must avoid or mitigate impacts and comply with the mitigation sequencing in NPMC 18.36.160 and 18.36.170 and WAC 173-26-201(2)(e).

(4) Application Requirements and Permits Administration.

(a) Aquaculture permits shall expire five years after approval and apply to all subsequent planting, harvesting, restocking and ongoing operations during that time period. Renewals shall expire 10 years after approval and shall be administered consistent with WAC 173-27-100.

(b) Geoduck application requirements and administration of permits shall be consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv). (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.050 Forest practices.

(1) Forest practices are activities relating to the growing, harvesting or processing of timber, including but not limited to:

(a) Site preparation for regeneration;

(b) Protection from insects, fire and disease;

(d) Harvesting, including the engineering and road construction necessary for logging and administrative access.

(2) Commercial forest practices are prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.060 Mining.

For the purposes of the Normandy Park master program, mining is the removal of naturally occurring materials from the earth for economic use. Many valuable deposits of sand and gravel are located on the marine shoreline. The conflicts between economic interest and environmental concern in these situations are obvious.

(1) Mining is prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.070 Commercial boating facilities.

Boating facilities include marinas, boat launch ramps, and other commercial boating facilities. Commercial boating facilities provide launching, storage, moorage, supplies, or service for pleasure boats as well as parking areas for automobiles. They also serve as fueling stops, havens of refuge, and destination points for boaters.

(1) Commercial marinas and other commercial boating facilities are prohibited.

(2) Construction of piers or docks for all development (recreational and commercial) or usage is prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.080 Commercial development.

Commercial developments are those involved in wholesale, retail, service and business trade.

(1) Commercial development is prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.090 Ports and industrial development.

Ports are centers for waterborne traffic and, as such, attract industrial/manufacturing firms.

(1) Port facilities and industrial developments are prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.100 Sewage treatment plants.

Sewage treatment plants treat sewage prior to disposal of same.

(1) Sewage treatment plants are prohibited in the shoreline. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.110 Solid waste disposal.

(1) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste on any land area or in the water. Solid waste includes all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, wood wastes, demolition and construction wastes, abandoned vehicles and parts of vehicles and other discarded commodities. Solid waste does not include composting, sewage, dredge spoil, or common residential gardening practices (see use regulations for landfill, dredging, etc.).

(2) Solid waste disposal can be a threat to health and safety wherever it occurs, but it poses particular problems in shoreline areas. Not only is it a physical and visual blight, but leachate from solid waste disposal can contaminate waters, thus endangering public health and wildlife.

(a) No solid waste disposal is permitted on the shorelines of Normandy Park. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.115 Monitoring devices.

“Monitoring devices” means devices used within the aquatic designation or shoreline above the OHWM for restoration, restoration monitoring, water quality monitoring, or improvement of ecological functions.

(1) Use of devices for monitoring is subject to a conditional use permit. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.20.120 Breakwaters.

Breakwaters are off-shore structures often linked to the shore, designed to absorb and reflect the energy of waves so as to protect the shore behind them. They are generally constructed either as solid walls, which tend to be most effective in reducing wave energy behind the structure, or as floating structures which often are not sufficient to withstand waves of high energy. Because beach accumulation and general sand mobility is caused by wave, current and tidal action, breakwaters may have dramatic effects on beach formation and sand movement. Solid breakwaters generally have a greater impact on sand movement than floating breakwaters.

(1) Breakwaters are prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.130 Dredging.

Repealed by Ord. 940. (Ord. 998 § 1 (Exh. A), 2020; Ord. 539 § 2, 1991).

16.20.140 Accretion beach (beach that accretes sediment).

An accretion beach is a beach that has been created or is growing by a process that involves the accretion or gradual deposition of sand.

(1) Development on accreted beaches is prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.150 Transportation facilities.

Transportation facilities include roads, driveways, and bridges.

(1) Transportation facilities are prohibited in the following areas:

(a) Steep slopes, eroding bluffs or areas subject to severe erosion or landslide hazard;

(b) In front of feeder bluffs, over driftways, or on accretion shoreforms;

(2) Sidecastings of excess road materials are prohibited within the shoreline area of Normandy Park. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.160 Residential development over water.

Development of residences over water or within floodways.

(1) Residential development over water, including floating homes or floating on-water residences, is prohibited in Normandy Park.

(2) Residential development is prohibited within floodways.

(3) Any development over water or within floodways is also subject to Chapter 9.02 NPMC, Construction in Flood Hazard Areas. In the event of any conflict between the SMP and these regulations, the regulations that provide the greatest protection of shorelines shall prevail. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.170 Jetties.

Jetties are structures constructed primarily to affect the movement of sand. Jetties are constructed of rock, steel, or concrete and located at the mouths of streams to prevent sand from blocking channels and hindering navigation. The effect of jetties is to obstruct the sand contained in the littoral drift. Jetties direct it away from navigation routes. Where there is a relatively small amount of sand available in the littoral drift, this type of structure may tend to starve areas downdrift.

(1) Jetties are prohibited. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.175 Mooring buoys.

A recreational mooring buoy is a device used to tie up a boat and typically consists of a line from the boat attached to a float at the water’s surface with a cable or line fixed underwater to the submerged ground. The anchor line allows the boat to float and swing around the fixed buoy anchor.

(1) Mooring buoys are permitted in the aquatic environment and only if they comply with the Washington Department of Natural Resources regulations.

(2) Only one mooring buoy per residence is permitted. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

Article III. General Regulations

16.20.180 Generally.

Based upon the shoreline goals and policies in Chapter 16.16 NPMC and this chapter, the following regulations are established for all shoreline use activities. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.185 General development standards.

The following general development standards apply to all uses and activities in all shoreline environments:

(1) Impact Mitigation.

(a) To the extent Washington State Environmental Policy Act of 1971 (SEPA), Chapter 43.21C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (Chapter 13.12 NPMC and Chapter 197-11 WAC). Mitigation for adverse impacts to shoreline functions will be triggered during the SEPA review, shoreline land use permit process, or exemption approval process.

(b) Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority:

(i) Avoid the impact altogether by not taking a certain action or parts of an action;

(ii) Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

(iii) Rectify the impact by repairing, rehabilitating, or restoring the affected environment;

(iv) Reduce or eliminate the impact over time by preservation and maintenance operations;

(v) Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and

(vi) Monitor the impact and the compensation projects and take appropriate corrective measures.

(c) In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable.

(d) Required mitigation shall not be in excess of that necessary to assure that proposed uses or development will result in no net loss of shoreline ecological functions.

(e) Mitigation actions shall not have a significant adverse impact on other shoreline functions fostered by the policy of the Shoreline Management Act.

(f) When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and are located in the immediate vicinity of the impact. However, alternative compensatory mitigation may be authorized if said mitigation occurs within the watershed and addresses limiting factors or identified critical needs for shoreline conservation based on watershed or comprehensive management plans. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions.

(2) Water Quality/Stormwater. All activities and development within the shoreline jurisdiction shall incorporate water pollution control measures and best management practices (BMPs) for stormwater management. Such measures shall address both temporary impacts to water quality from construction activities as well as the need for permanent stormwater management facilities in compliance with the requirements and restrictions of all applicable city and state regulations.

(3) Critical Areas. Activities and development in critical areas found within shoreline jurisdiction are required to comply with the development standards outlined in Chapter 18.36 NPMC, Critical Areas Development Regulations (Ordinance No. 997 dated October 8, 2019), and Chapter 9.02 NPMC, Construction in Flood Hazard Areas, subject to the exceptions and additions described in NPMC 16.04.045.

(a) Any conflict between the standards outlined in Chapter 18.36 NPMC or Chapter 9.02 NPMC and the SMP shall be resolved in favor of the standard that is most protective of the shoreline ecological functions.

(4) Critical Salmonid Habitats. All saltwater shorelines in Normandy Park are critical salmonid habitats. Activities and development in critical salmonid habitats found within the shoreline jurisdiction are required to comply with the following development standards, in addition to those contained in other sections of this chapter:

(a) Structures which prevent the migration of salmon and steelhead are prohibited. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed.

(b) Shoreline modification structures may intrude into critical salmonid habitats only where the proponent demonstrates all of the following conditions are met:

(i) An alternative alignment or location is not feasible.

(ii) The project is designed to minimize its impacts on the environment.

(iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute.

(iv) The project satisfies all provisions of NPMC 16.20.200, Shoreline modification activities.

(c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. If a bridge is not feasible, one of the following water crossing structures may be approved if the impacts can be mitigated: temporary culverts, bottomless arch culverts, elliptical culverts, or other fish-passable round culverts. These structures are listed in priority order, with the first having the highest preference and the last the lowest preference. In order for a lower priority structure to be permitted, the applicant must show the higher priority structures are not feasible. The project shall be designed to minimize its impacts on the environment.

(d) Dredging in critical salmonid habitats shall not be allowed unless the proponent demonstrates all of the following conditions are met:

(i) The dredging is for a water-dependent or water-related use.

(ii) An alternative alignment or location is not feasible.

(iii) The project is designed to minimize its impacts on the environment.

(iv) The project is in the public interest.

(v) The project is for ecological and salmon habitat restoration purposes.

(vi) If the project will create significant unavoidable adverse impacts, then the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute.

(e) In-water dredge spoil disposal sites shall not be located in critical salmonid habitats.

(f) Filling, dumping, discharging commercial or industrial waste water (including discharging of stormwater), dredging, channelization, draining, flooding, disturbing the water level or duration of inundation or water tables, and other activities which negatively impact habitat are prohibited in wetlands, ponds, and side channels which are associated with critical salmonid habitats.

(g) Within critical salmonid habitats, permanent channel changes and realignments are prohibited, unless approved by WDFW for restoration purposes.

(h) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats shall be minimized. Trees which shade side channels, streams, estuaries, ponds, and wetlands associated with critical salmonid habitats shall be maintained consistent with the provisions of this chapter. Areas of disturbed earth shall be revegetated.

(i) Unless removal is needed to prevent hazards to life and property or to enhance critical salmonid habitats, large woody debris below the ordinary high water mark shall be left in the water to provide salmon and steelhead habitat.

(5) Restoration Projects.

(a) Restoration projects within the shoreline environment consistent with WAC 173-27-080(2)(o) shall be allowed without a shoreline substantial development permit; be reviewed through the shoreline exemption review process; and be designed consistent with the development standards outlined in Chapter 18.36 NPMC, Critical Areas Development Regulations, and Chapter 9.02 NPMC, Construction in Flood Hazard Areas, and the provisions of this chapter.

(b) Approval of restoration projects shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the area to be restored, proposed corrective actions, including installation of native species, performance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans, as necessary.

(c) The shoreline administrator shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. Intrusions into regulated steep slopes and associated buffers or setbacks will be allowed for purposes of approved restoration projects. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.20.190 Shoreline protection and stabilization.

(1) Shoreline Stabilization. Shoreline stabilization may be permitted in the shoreline as follows: Hard armoring (e.g., bulkheads and riprap) is subject to a shoreline conditional use permit in the rural residential and beach community environments. Soft shore stabilization may be permitted in the rural residential and beach community environments under a conditional use permit. Shoreline stabilization proposals shall address the following:

(a) Shoreline stabilization, including bulkheads, shall not be considered an outright permitted use on the city’s shorelines. In order for shoreline stabilization to be permitted, the city must find that:

(i) The applicant shall provide a geotechnical report, prepared by a qualified professional, that estimates the rate of erosion and evaluates alternative solutions and the urgency associated with the specific situation;

(ii) Soft shore stabilization alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms, and beach nourishment shall be prioritized over structural options such as bulkheads and riprap; the “softest” effective alternative shall be utilized;

(iii) In the case of proposed hard armoring stabilization solutions (e.g., bulkheads and riprap), erosion from waves or currents presents a clear and imminent (damage within three years) threat to a legally established primary structure, one or more substantial accessory structures, water-dependent development, ecological restoration/toxic clean-up remediation projects, or public improvements;

(iv) In the case of bulkheads and riprap, the proposed shoreline stabilization is located landward of the ordinary high water mark as determined through a site visit;

(v) The proposed shoreline stabilization is the minimum size necessary to protect existing improvements;

(vi) The applicant shall demonstrate that impacts to sediment transport are minimized to the greatest extent possible;

(vii) Shoreline stabilization shall not have an adverse impact on the property of others and shall be designed so as not to create the need for shoreline stabilization elsewhere;

(viii) Shoreline stabilization shall not significantly interfere with normal surface and/or subsurface drainage into the water body and shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material;

(ix) Shoreline stabilization shall not be used to create new lands;

(x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal within freshwater stream shorelines;

(xi) Use of creosote treated wood is prohibited within marine shorelines;

(xii) Revegetation with native plants is required as part of the shoreline stabilization project; and

(xiii) Shoreline stabilization shall not otherwise result in a net loss of ecological functions.

(xiv) As a condition of any permit for development on a slope or at the base of slope on which soil movement may potentially occur, the property owner will be required to grant and record a covenant running with the land releasing the city from liability for damages caused by soil movement, except for damages caused by the city’s sole negligence. The covenant shall also require the owner to inform his/her successors and assigns that the property is located in a potential slide area, that successors and assigns are required to comply with any conditions or prohibitions on development set forth in the permit or in the city’s regulations, and that successors and assigns are required to maintain any feature described in the permit that is necessary to address potential soil movement.

(b) When a bulkhead or other structural alternative is permitted subject to subsection (1)(a) of this section, the following standards shall apply:

(i) The maximum height of the proposed bulkhead or other stabilization structure is no more than three feet above the elevation of the ordinary high water mark on tidal waters measured from grade on the waterward side of the bulkhead or structure.

(ii) When a bulkhead or other stabilization structure has deteriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead, then the replacement bulkhead or structure must be located at or landward of the ordinary high water mark.

(iii) Repair of an existing bulkhead or other stabilization structure is permitted under a substantial development permit; provided, that the repaired bulkhead or structure is not relocated further waterward or increased in height and is subject to subsection (1)(a) of this section.

(iv) If an existing bulkhead or other stabilization structure is destroyed it may be replaced as it existed prior to destruction, provided application for required permits is made within two years of destruction and the applicant has demonstrated that soft shoreline armoring is not feasible and the applicant has demonstrated the need to protect principal uses or structures from tidal action or waves. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.

(v) Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark and are subject to subsection (1)(a) of this section.

(vi) The project satisfies the provisions of Chapter 18.36 NPMC, Critical Areas Development Regulations, and WAC 172-26-231(3)(a)(iii)(C).

(vii) Mitigate new erosion control measures, including replacement structures, on feeder bluffs or other actions that affect beach sediment-producing areas to avoid and, if that is not possible, to minimize adverse impacts to sediment conveyance systems per WAC 172-26-231(3)(a)(iii)(C).

(viii) Existing unpermitted bulkheads constructed since 1991 that need repair and replacement must comply with current shoreline master program regulations and would be considered new bulkheads for the purposes of this program.

(c) Creation of new lots shall be prohibited where development and use on new lots would require structural shoreline stabilization over the life of the development. The following standards shall apply to new development:

(i) New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed.

(ii) New development, including newly created parcels, is required to be designed and located to prevent the need for future shoreline stabilization as documented by a geotechnical analysis.

(iii) New development on steep slopes and bluffs is required to be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the project as demonstrated by a geotechnical analysis and must comply with Chapter 18.36 NPMC. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.195 Shoreline vegetation conservation.

(1) Policies.

(a) Design uses and developments to preserve native shoreline vegetation to maintain shoreline ecological functions and processes and prevent direct, indirect and/or cumulative impacts of shoreline development.

(b) Establish native shoreline vegetation through new uses and developments such that the composition, structure, and density of the plant community resemble a natural, unaltered shoreline as much as possible.

(d) Restrict native vegetation removal within shoreline jurisdiction in order to maintain shoreline functions, including protection of habitat and shoreline bluffs.

(e) Maintaining well-vegetated shorelines is preferred over clearing vegetation to create views or provide lawns. Limited and selective clearing for views and lawns may be allowed when slope stability and ecological functions are not compromised, but landowners should not assume that creating an unobstructed view of the water will be allowed. Trimming and pruning are generally preferred over removal of native vegetation.

(f) Property owners should be encouraged to avoid or minimize the use of fertilizers, herbicides and pesticides.

(g) Shoreline landowners are encouraged to preserve and enhance native woody vegetation and native groundcovers to stabilize soils and provide habitat.

(h) Nonnative vegetation that requires use of fertilizers, herbicides, and/or pesticides is discouraged.

(2) Regulations.

(a) Unless otherwise specified, all shoreline use and development, including preferred uses and uses exempt from permit requirements, shall comply with the buffer provisions of this program and Chapters 9.02 and 18.36 NPMC to protect and maintain shoreline vegetation and habitat.

(b) Removal of native vegetation shall be avoided, where feasible. Where removal of native vegetation cannot be avoided, it shall be minimized to protect ecological functions. If nonnative vegetation is to be removed, then it shall be replaced with native vegetation within the shoreline jurisdiction.

(c) Native plant materials that are equivalent to those which would typically occur with respect to size, structure, and diversity at maturation shall be used in restoration, rehabilitation, or enhancement projects.

(d) Proponents of all new shoreline uses or developments shall demonstrate that site designs and layouts are consistent with the policies of this section to ensure shoreline functions, values, and processes are maintained and preserved. A shoreline permit or written statement of exemption shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the water, shoreline or any specific feature near or far.

(e) Trimming of trees and vegetation is allowed within shoreline buffer areas without a landscape plan; provided, that:

(i) This provision is not interpreted to allow clearing of vegetation;

(ii) Trimming does not include topping, stripping or imbalances; a minimum of 60 percent of the original crown shall be retained to maintain tree health;

(iii) Trimming does not directly impact shoreline functions including fish and wildlife habitat;

(iv) Trimming is not within a wetland, wetland buffer or other fish and wildlife habitat conservation area (FWHCA) buffer; and

(v) Trimming in landslide and erosion hazard areas does not impact soil stability.

(f) The shoreline administrator may deny a request or condition approval of vegetation management or removal proposals for view maintenance if it is determined the action will result in an adverse effect to any of the following:

(i) Slope stability;

(ii) Habitat value;

(iii) Health of surrounding vegetation;

(iv) Risk of wind damage to surrounding vegetation;

(v) Nearby surface or groundwater; or

(vi) Water quality of a nearby water body.

(g) Clearing by hand-held equipment of invasive or nonnative shoreline vegetation or plants listed on the State Noxious Weed List is permitted in shoreline locations if native vegetation is promptly reestablished in the disturbed area.

(h) Aquatic weed control shall only occur to protect native plant communities and associated habitats or where an existing water-dependent use is restricted by the presence of weeds. Aquatic weed control shall occur in compliance with all other applicable laws and standards and shall be done by a qualified professional. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.20.200 Shoreline modification activities.

(1) Piers and Docks.

(a) A pier or dock is a structure abutting the shoreline built over or floating on the water, used as a landing place for marine transport or for recreational purposes for private, noncommercial pleasure craft. Piers are built on fixed platforms above the water, while docks float upon the water.

(b) New piers and docks or the expansion of existing piers and docks is prohibited.

(2) Floats – Residential.

(a) Floats are structures that are floating and attached by mooring to the surface below water.

(b) One float is allowed per residence.

(c) Floats cannot be larger than 120 square feet in size and must be constructed from materials that are based on best available science and least harmful to the environment. Styrofoam floats may not be used.

(d) Floats are subject to a conditional use permit.

(e) Commercial floats are prohibited.

(3) Noncommercial Launching Ramps, Rails, and Lift Stations.

(a) Launching ramps, rails, and lift stations are permitted in the rural residential environment subject to a shoreline conditional use permit. The following conditions shall apply:

(i) No portion of a launching ramp, rail, or lift station shall be placed more than 60 feet waterward of the ordinary high water mark.

(ii) All portions of a launching ramp, rail, or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark.

(iii) Launching rails or ramps shall be anchored to the ground through the use of tie-type construction. Asphalt, concrete, or other ramps, which solidly cover the bottom or bed of a waterbody, are prohibited.

(iv) No more than one launching ramp, rail, or lift station per shoreline development shall be permitted.

(v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, mooring buoy, or other functional moorage. Piers, docks, or other forms of moorage shall not be permitted for shoreline developments that have existing launching ramps, rails, or lift stations.

(vi) Launching ramps, rails, and lift stations shall be sited and designed to ensure protection of navigation routes and access; they shall be aesthetically compatible with or enhance existing shoreline features, and shall be clearly marked and separated from nearby swimming areas.

(4) Groins.

(a) Groins are barrier-type structures extending from the backshore seaward across the beach. The basic purpose of a groin is to interrupt the sand movement along the shore.

(b) Trapping of sand by a groin is done at the expense of the adjacent downdrift shore, unless the groin system is filled with sand to its entrapment capacity.

(c) Construction of groins will be permitted to preserve, protect, or restore an area of the shoreline where the effects of natural forces indicate a need for corrective action and if unsafe conditions for property would occur otherwise.

(i) Construction of groins shall require a shoreline conditional use permit.

(d) Approval of the permit must consider the effects of the proposed installation on adjacent properties.

(e) Structures waterward of the ordinary high water mark are allowed only for water-dependent uses, public access, shoreline stabilization, or other specific public purpose. WAC 173-26-231(3)(d).

(f) Construction of groins must comply with NPMC 16.20.185 and 16.20.190, and Chapter 18.36 NPMC.

(5) Dredging and Filling.

(a) Dredging.

(i) Dredging activities may occur in the aquatic, rural residential, urban conservancy, and beach community environments and are subject to a conditional use permit. Dredging is not permitted in the bluff conservancy environment.

(ii) Dredging activities are allowed only where necessary to protect public safety or for shoreline restoration activities.

(iii) Dredging is allowed only where an alternative alignment that would not require dredging is not feasible.

(iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline ecological functions or processes.

(v) Where allowed, dredging operations shall avoid and minimize significant ecological impacts to the greatest extent feasible, and shall be mitigated as required by this chapter.

(vi) Siting and design of new development shall avoid the need for new and maintenance dredging.

(vii) Dredging for fill materials shall be prohibited, except for projects associated with MTCA or CERCLA remediation actions, habitat restoration, or any other significant restoration effort approved by a shoreline conditional use permit. In such instances, placement of dredged fill material must be waterward of the OHWM.

(viii) If applicable, uses of dredge material that benefit shoreline resources should be addressed through implementation of regional interagency dredge material management plans or watershed plan as per WAC 173-26-231(3)(f).

(b) Filling.

(i) Fill waterward of the ordinary high water mark associated with non-water-dependent uses shall be prohibited.

(ii) Fill waterward of ordinary high water mark needed to support the following water-dependent uses may be allowed through a conditional use permit in all environments, except it is allowed only for restoration purposes in the bluff conservancy and urban conservancy environments:

(A) Public access;

(B) Expansion, alteration, or repair of transportation facilities currently located within the shoreline;

(D) Environmental, ecological, or watershed restoration projects;

(E) Beach nourishment or enhancement projects;

(F) Soft shore bank stabilization projects; and

(G) Disposal of dredged material in accordance with DNR Dredged Material Management Program.

(iii) Permitted fill activities must comply with the following standards:

(A) Demonstration that alternatives to fill are not feasible;

(B) Demonstration that fill shall be deposited so as to minimize disruption of normal surface and groundwater passage;

(D) Demonstration that fill shall allow surface water penetration into the groundwater supply, where such conditions existed prior to the fill; and

(E) Demonstration that fill timing will minimize damage to water quality and aquatic life.

(iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion potential.

(v) Fill located waterward of the ordinary high water mark that results in a net loss of shoreline function is prohibited.

(6) Signs.

(a) Signs are publicly displayed messages designed to provide information, direction or advertising, and may be pleasing or distracting depending upon their number, design, and location. Uncontrolled use of signs can be detrimental to surrounding property values and may seriously detract from the enjoyment, pleasure, and the natural beauty of the shoreline. Shoreline character and attractiveness should be protected to the greatest extent possible from the ill effects of signs. Any new sign codes for the city should recognize the unique aesthetic character and ecological qualities of shoreline areas.

(b) When permitted by the zoning ordinance, NPMC Title 18, signs shall be permitted within the shoreline area only when the following standards are met:

(i) Any sign except those that deal with public access or public safety shall require a shoreline conditional use permit.

(ii) No signs shall be of the flashing or animated type, except those required by law or necessary for the safety of land, water, or air navigation and circulation.

(iii) Signs shall be designed and constructed in a manner that minimizes visual obstruction of the shoreline. Vistas and viewpoints shall be free from unnecessary signs.

(iv) Signs, when permitted, shall be placed so as not to impair views of the shoreline or impair views upland from the water except where dangerous conditions require warning signs.

(v) Warning signs shall be installed by the city or by other appropriate entities where hazardous conditions exist on public properties.

(vi) Signs in shoreline areas shall be maintained in a state of security, safety, and repair.

(7) Shoreline Restoration Projects – Relief from Shoreline Master Program Development Standards and Use Regulations.

(a) Where a shoreline restoration project results in a change in the location of the ordinary high water mark and associated shoreline jurisdiction on the subject property and/or adjacent properties, relief may be granted from the provisions of this master program as long as such relief is consistent with criteria and procedures in WAC 173-27-215. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 710 § 1, 2003; Ord. 539 § 2, 1991).

16.20.210 Residential element.

(1) “Residential development” means one or more buildings or structures or portions thereof designed for and used for human habitation. Residential development includes one- and two-family detached dwellings, multifamily residences, townhouses, and other similar group housing, together with accessory uses and structures common to residential uses, including but not limited to garages, sheds, tennis courts, swimming pools, parking areas, fences, and guest cottages. The only type of residential development permitted within Normandy Park’s shoreline environment is single-family residential use, except for planned residential developments. Both short subdivisions and formal plats are forms of residential development.

(2) Uses and facilities associated with residential development that are identified as separate use activities in this shoreline master program, including piers and docks, bulkheads, shoreline protection, utilities, landfill, and land clearing and grading practices, are subject to the regulations established for those uses in addition to any special conditions relating to residential areas established in this section.

(3) Pressure to develop shorelines for residential uses has resulted in property subdivision and escalating waterfront land values. Residential development of shorelines is accomplished in a variety of ways from large plats and subdivisions for multifamily dwellings to single lot development for recreational housing, any of which, if poorly planned, can result in the degradation of the shoreline environment and water resources.

(4) Although the Shoreline Management Act specifically exempts “construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for his(/her) own use or the use of his(/her) family...” (WAC 173-27-040) from shoreline substantial development permit requirements, residential developments must conform to the policies of the Shoreline Management Act and the policies and use regulations of this shoreline master program.

(5) Residential development, when permitted by the zoning code, shall be permitted within the shoreline area only when the following regulations and standards are met:

(a) Only when developed in a manner consistent with control of pollution and prevention of damage to the natural environment.

(b) Residential development in shoreline areas shall comply with all applicable policies and requirements of the city including those in the comprehensive plan, zoning code, and subdivision ordinance. Refer to NPMC 16.20.215 Table 2, Development Standards in Shoreline Designations.

(c) Sewage disposal facilities, as well as water supply facilities, shall be provided for all residential development in accordance with appropriate state and local health regulations.

(d) Residential development over water including floating homes is prohibited.

(e) Subdivisions should be designed at a level of density, site coverage, and occupancy compatible with the physical capabilities of the shoreline and site.

(f) Site coverage shall include all impermeable surfaces.

(g) Minimum buffers from the OHWM and sensitive areas (e.g., eroding bluffs or shores, wetlands, and streams where buffers shall be measured from the top of the bluff or nearest wetland edge) shall be no less than those specified in Chapter 18.36 NPMC, Critical Areas Development Regulations (see NPMC 16.20.215 Table 2, Development Standards in Shoreline Designations). The extent of additional buffer requirements shall be determined on a case-by-case basis. The following factors shall be taken into account: underlying zoning requirements, height of bluff or bank, soils and groundwater characteristics and other factors affecting slope stability and environmental effects on sensitive areas such as streams and wetlands.

(h) Boathouses or other buildings or structures for the storage or shelter of boats may be permitted when set back at least five feet landward of the OHWM and when installed so that no sight-obscuring portion thereof extends 12 feet above the average grade level.

(i) Residential development should protect the natural vegetation of the shoreline area.

(j) Residential subdivisions and planned residential developments should be designed to protect water quality, shoreline aesthetic characteristics, vistas, and normal public use of the water.

(k) Residential development plans submitted for approval should contain provisions for protection of groundwater supplies, erosion control, landscaping, and maintenance of the shoreline integrity.

(l) The established velocity, quantity, and quality of stormwater discharge should consider the sensitivity of the proposed receiving environment. The disposal mode selected should mitigate impacts to infiltration, runoff, and groundwater recharge.

(m) Residential development shall not be located nor designed to require structural shore defense or flood protection works.

(n) Residential development is prohibited within the 100-year floodplain, except when it can be demonstrated that the reduced storage capacity of the floodplain will not significantly increase the flood hazard to other properties nor otherwise endanger public safety.

(o) Residential development is prohibited within floodways.

(p) Residential development within other hazardous areas such as steep slopes and areas with unstable soils or geologic conditions shall be sited and designed consistent with appropriate engineering principles. Professional geotechnical site studies or design may be required by the city engineer.

(q) Accreted beach shall not be developed.

(6) Preexisting Residential Structures. Primary residential and appurtenant structures, located landward of the ordinary high water mark, that are classified as nonconforming structures under NPMC 16.24.130, are considered conforming structures for the purpose of this master program, and shall be subject to the following provisions:

(a) Enlargement or expansion may be permitted if the following criteria are met:

(i) The expansion does not extend farther waterward than the existing primary residential structure; and

(ii) Potential adverse impacts to shoreline ecological functions are mitigated in accordance with NPMC 16.20.185(1).

(b) Proposed enlargements or expansions that do not meet the criteria in subsection (6)(a) of this section shall require a variance pursuant to NPMC 16.24.095.

(c) Bulkheads, overwater structures, and other shoreline modifications accessory to the preexisting residential structures shall be excluded from the provisions of this subsection. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.215 Summary of shoreline development standards.

The standards shown in Table 2, Development Standards in Shoreline Designations, apply to new development, new structures, and additions/expansion of legally existing structures.

Table 2: Development Standards in Shoreline Designations
Development Standard	Shoreline Designations (See Chapter 16.12 NPMC for shoreline designation descriptions and Appendix A, Map of Shoreline Designations (Figure 1), for a map of the shoreline designations)
	Rural Residential	Urban Conservancy	Bluff Conservancy	Beach Community	Aquatic
Maximum height limit of single-family residence (16.24.040(2)(f))	35 feet	35 feet	35 feet	35 feet	N/A
Maximum noncommercial boathouse height limit2 (16.20.210(5)(h))	Site-obscuring portion, no more than 12 feet above average grade level	Site-obscuring portion, no more than 12 feet above average grade level	N/A	Site-obscuring portion, no more than 12 feet above average grade level	Site-obscuring portion, no more than 12 feet above average grade level
Maximum height limit of a new and repaired bulkhead (16.20.190(1)(b)(i))	3 feet above the OHWM	N/A	N/A	3 feet above the OHWM	N/A
Shoreline buffer1,2 (see 16.20.210(5)(g) and 18.36.640(4))	115 feet from OHWM	115 feet from OHWM	115 feet from OHWM	115 feet from OHWM	N/A
Structure setback4	10 feet from edge of shoreline buffer	10 feet from edge of shoreline buffer	10 feet from edge of shoreline buffer	10 feet from edge of shoreline buffer	N/A
Density (dwelling units per acre)	R-20, 2 units/acre	R-20, 2 units/acre	N/A	R-15, 2.7 units/acre	N/A
Minimum lot size (18.15.020)	20,000 square feet	20,000 square feet	N/A	15,000 square feet	N/A
Gross floor area ratio (GFAR)3 (18.15.020)	0.25	0.25	N/A	0.25	N/A
Single-family residence setback from top of bluff in landslide hazard areas	50 feet	50 feet	50 feet	50 feet	N/A
Impervious surface limits	35%	35%	35%	35%	N/A

1 Minimum shoreline buffers from the OHWM may be extended to include buffers from other sensitive areas (e.g., eroding bluffs or shores, wetlands, and streams) as required by Chapter 18.36 NPMC, Critical Areas Development Regulations. The extent of additional buffer requirements shall be determined on a case-by-case basis. The following factors shall be taken into account: underlying zoning requirements, height of bluff or bank, soils and groundwater characteristics and other factors affecting slope stability and environmental effects on sensitive areas such as streams and wetlands.

2 No buffer shall be required for water dependent uses, other than boathouses or other buildings or structures for the storage or shelter of boats must be set back at least five feet landward of the OHWM.

3 GFAR – “Gross floor area ratio (GFAR)” means the floor area of the building or buildings divided by the area of the zoning lot.

4 The following may be allowed in the structure setback when consistent with all other requirements of this SMP: (1) vegetative landscaping; (2) uncovered pervious decks; (3) building overhangs if such overhangs do not extend more than 36 inches into the structure setback; (4) pervious ground surface, such as driveways and patios.

(Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.20.220 Land clearing and grading activities.

(1) Land clearing and grading practices are those methods used for the cutting and/or removal of trees, brush, and other vegetation and for grading activities. The following use regulations are aimed at controlling the activities of land clearing and grading for the protection of forest and fish resources for present and future use and for all the residents of the city, county, and state.

(2) For land clearing and grading practices, the following regulations shall apply:

(a) All land clearing and grading practices in shoreline areas shall be conducted to cause the least possible adverse impacts on the land and water environment, shall respect the natural character of the shoreline, and should make every effort to preserve wildlife, aquatic life, and their habitats.

(b) Minimum land clearing and grading activity buffers from the OHWM and sensitive areas (e.g., eroding bluffs, or shores, wetlands, and streams where buffers shall be measured from the top of the bluff or nearest wetland edge) shall be at least the size specified in Table 2 and Chapter 18.36 NPMC.

(c) Tree, brush, and vine removal in steep slopes and fragile areas shall be prohibited, except as required for public safety and to protect public or private property.

(d) All land clearing and grading shall be accomplished in a manner which minimizes erosion.

(e) All cut, fill, and side cast slopes shall be planted or seeded with appropriate ground cover or otherwise treated to prevent erosion of the slope.

(f) All ruts and erodible soil conditions caused by timber harvesting, brush cutting, or any land clearing and grading operations shall be water-barred or planted with appropriate ground cover.

(g) Whenever seeding, planting, or other soil stabilizing measures are specified, such measures shall be performed as soon as practical.

(h) Land being cleared or graded need not be revegetated if the new use is to be substantially completed within one year of the clearing or grading. However, proper erosion control shall be required.

(i) Replanted vegetation shall be of a similar type and concentration as existing in the general vicinity of the site or per landscape plan approved by the city engineer.

(j) All vegetation removal or modification must also comply with NPMC 16.20.195, Shoreline vegetation conservation.

(k) Vegetation clearing except for the purposes of restoration and enhancement may not be permitted in the urban conservancy and bluff conservancy environments unless allowed as part of an underlying development permitted by this shoreline master program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.230 Conservation.

Repealed by Ord. 940. (Ord. 998 § 1 (Exh. A), 2020; Ord. 539 § 2, 1991).

16.20.240 Public access.

(1) Public access shall be required for all shoreline development and uses, except for a single-family residence or residential projects containing less than four dwelling units when the development would generate demand for one or more forms of public shoreline access. Public access provisions shall be required for all new public shoreline development and uses, unless such access is shown to be incompatible due to reasons of safety, security or impact to the shoreline.

Because of private property ownership patterns, including privately owned tidelands and steep bluffs, the public has access to the beach only at Marine View Park in Normandy Park.

(a) Public access to and along the water’s edge shall be available within publicly owned shorelines that are tolerant of human activity where municipal liability is an acceptable risk.

(b) Shoreline access areas shall be planned to include ancillary facilities such as parking and sanitation and shall be designed and developed to provide adequate protection for adjacent private properties.

(d) The rights of the individual property owners of shoreline, tidelands, clam beds and uplands shall be respected and protected.

(e) Public access shall be policed and improved consistent with the intensity of use.

(2) Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park or other area serving as a means of view and or physical approach to shorelines of the state and may include interpretive centers and displays.

(a) Developments, uses, and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public’s visual or physical access to the water and the shorelines. In providing visual access to the shoreline, natural vegetation shall not be excessively removed either by clearing or by topping.

(b) Public access sites shall be connected directly to the nearest public street through a parcel boundary, tract, or easement.

(d) 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.

(3) A shoreline development or use that does not provide public access may be authorized provided it is demonstrated by the applicant and determined by the city that one or more of the following provisions apply:

(a) Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means;

(b) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;

(c) The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the total long-term cost of the proposed development;

(d) Unacceptable environmental harm will result from the public access which cannot be mitigated; or

(e) Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.250 Recreation.

(1) Recreation is the passive or active refreshment of body and mind through forms of play, amusement, or relaxation. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, or association.

(2) Priority will be given to recreational development for access to and use of the water. Recreational experiences that depend on or use the shoreline include: harvesting of fish, shellfish, fowl, minerals and driftwood; various forms of boating, swimming and walking; and watching or recording activities such as photography, painting, or the viewing of water-dependent activities. Principal focal points are parks, viewpoints, features of special interest, water access points, and destination points for boaters. Facilities at these focal points may include swimming floats, paths, parking areas, boat ramps, mooring and marinas, and accessory recreational facilities.

(3) Uses and activities associated with recreational developments which are identified as separate use activities in this program, such as boating facilities, residential development and commercial development, are subject to the regulations established for those uses in addition to the standards for recreation established in this section.

(4) Recreational development shall be permitted within the shoreline area only when the following regulations and standards are met:

(a) To avoid wasteful use of the limited supply of recreational shoreland, parking areas shall be located a minimum of 115 feet landward from the OHWM and must comply with Chapter 18.36 NPMC. Access shall be provided by walkways or other facilities for nonmotorized conveyance.

(b) Recreational developments shall not create significant adverse effects on residential uses of private property, environmental quality, or natural resources of the shoreline area.

(d) Structural forms should harmonize with the topography, reinforce use areas, minimize damage to natural resources, and support recreation with minimal human or resource conflict.

(e) New construction should be sympathetic to the scale, form, and proportion of neighboring development, to promote harmony in visual relationships and transitions between new and older buildings.

(f) Whenever possible, natural nonreflective materials (e.g., wood, stone, gravel, etc.) shall be used in developing shoreline recreational areas.

(g) Valuable shoreline resources and fragile or unique areas such as marshes, estuaries, and accretion beaches shall be used only for nonintensive and nonstructural recreation activities.

(h) All permanent recreational structures and facilities which are not water dependent shall be set back a minimum of 115 feet landward from the OHWM and shall be located outside the 100-year floodplain, although the city may grant exceptions for nonintensive accessory uses (e.g., picnic tables, play areas, etc.), and must comply with Chapters 9.02 and 18.36 NPMC.

(i) Accessory use facilities such as restrooms, recreation halls and gymnasiums, commercial services, access roads, and parking areas shall be located a minimum of 115 feet inland from the OHWM, unless such facilities are water dependent. These areas shall be linked to the shoreline by walkways.

(j) In approving shoreline recreational developments, the city shall ensure that the development will maintain, enhance or restore desirable shoreline features, including unique and fragile areas, scenic views, and aesthetic values. To this end, the city may adjust and/or prescribe project dimensions, location of project components on the site, intensity of use, screening, parking requirements, buffers and setbacks, as deemed appropriate to achieve the intent of this shoreline master program.

(k) Proposals for recreational developments shall include a landscape plan, in which native, self-sustaining vegetation is preferred.

(l) The removal of on-site native vegetation shall be limited to the minimum necessary for the development of picnic areas, selected views, or other permitted structures or facilities.

(m) Low impact passive recreation is permitted in the bluff conservancy environment; however, no structures are permitted for recreational purposes. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.260 Circulation.

This is an element for assessing the location and extent of existing and proposed transportation routes, and other public facilities, and correlating those facilities with shoreline use elements. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.270 Transportation facilities.

(1) Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, bikeways, trails, ferry terminals, and other related facilities.

(2) Transportation facility construction shall be permitted within the rural residential and beach community environments only when the following regulations and standards are met:

(a) New surface transportation facilities not related to and necessary for the support of shoreline dependent activities shall be set back from the ordinary high water mark a minimum of 115 feet to make protective measures, such as riprap or other bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrading unnecessary.

(b) Transportation and utility facilities shall be required to make joint use of rights-of-way and to consolidate crossing of water bodies in order to mitigate adverse impacts to the shoreline.

(c) No vehicles shall be allowed on Normandy Park beach areas except for residential service access and by existing prescriptive easement.

(d) Landfills for transportation facility development are not permitted in water bodies or associated wetlands and beaches, except when all structural or upland alternatives have proven infeasible and the transportation facilities are necessary to support uses consistent with this program.

(e) Transportation facilities that are allowed to cross over water bodies and associated wetlands shall use elevated, open pile, or pier structures whenever feasible. All bridges must be built high enough to allow the passage of debris and anticipated high water flows.

(f) All roads shall be set back at least 115 feet from the OHWM and water bodies and shall comply with Chapters 9.02 and 18.36 NPMC.

(g) The city shall give preference to mechanical means for roadside brush control rather than the use of herbicides on city roads in shoreline areas. If herbicides are used, they shall be applied so that chemicals do not enter water bodies or stream ways and all permits for their use must be obtained prior to their use.

(h) Proposed transportation and parking facilities must be designed and located where they will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions, or adversely impact existing or planned water-dependent uses.

(i) Parking facilities in shorelines are not a preferred use and shall only be allowed as necessary to support an authorized use. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.280 Utilities (primary).

Utilities are services and facilities that produce, transmit, store, process or dispose of electric power, gas, water, sewage, and communications. Utilities in this SMP are divided into primary and accessory based on type and scale. The provisions of this section apply to primary use and activities such as solid waste handling and disposal, water transmission lines, sewage treatment facilities and mains, power generating or high voltage transmission facilities, gas distribution lines and storage facilities, stormwater mains and regional stormwater treatment facilities.

(1) Primary utilities shall be located outside of SMA jurisdiction unless no other feasible option exists.

(2) Primary utilities shall be located landward of the ordinary high water mark unless such location is not feasible or would result in potentially greater environmental impacts.

(3) Primary utility facilities shall avoid disturbance of unique and fragile areas, as well as wildlife spawning, nesting and rearing areas. Utility facility development shall result in no net loss of shoreline ecological functions. Mitigation shall be provided as necessary to meet this requirement. Failure to meet this standard will result in permit denial.

(4) 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, endanger public health and safety or create a significant and disproportionate liability for the owner.

(5) Utility lines shall utilize existing rights-of-way, corridors and/or bridge crossings whenever possible, and shall avoid duplication and construction of new corridors in all shoreline areas. Proposals for new corridors or water crossings must fully substantiate the infeasibility of existing routes.

(6) Solid waste disposal sites and facilities are prohibited in the shoreline environment.

(7) 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.

(8) Primary utility development shall provide screening of facilities from water bodies and adjacent properties. Screening, including landscaping and fencing, shall be designed to constitute a dense “full screen.”

(9) Clearing of vegetation for the installation or maintenance of utilities shall be kept to a minimum, and upon project completion, any disturbed areas shall be restored to their pre-project condition.

(10) The city shall hold public meetings prior to the issuance of a substantial development permit for a major primary utility project in accordance with the administrative procedures outlined in this master program to allow for the greatest amount of public input to help guide utility-related decisions.

(11) Utilities are prohibited in aquatic and bluff conservancy environments. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.285 Utilities (accessory).

The provisions of this section apply to accessory use and activities, meaning utilities that affect small-scale distribution services connected directly to the uses along the shoreline. For example, power distribution, telephone, cable, water and sewer service lines, and stormwater collection and conveyance, are all considered as utilities accessory to shoreline uses. They are covered in this section because they concern all types of development and have the potential of impacting the ecological condition and visual quality of the shoreline and its waters.

(1) Utility developments 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, or endanger public health and safety.

(2) In shoreline areas, accessory utilities shall be placed underground unless demonstrated to be infeasible. Further, such lines shall utilize existing rights-of-way, and existing corridors whenever possible.

(3) Utility facilities shall be located and designed to avoid destruction of, or damage to, important wildlife areas, and other unique and fragile areas. Utility facility development shall result in no net loss of shoreline ecological functions. Mitigation shall be provided as necessary to meet this requirement. Failure to meet this standard will result in permit denial.

(4) Clearing for the installation or maintenance of utilities shall be kept to a minimum, and upon project completion, any disturbed area shall be restored, to the greatest extent feasible, to pre-project conditions, including replanting with native species, or other species as approved by the city, and maintenance care. If the previous condition is identified as being undesirable for shoreline function, then landscaping and other improvements shall be undertaken.

(5) The location and construction of outfalls shall comply with all appropriate federal, state, county and city regulations.

(6) The city of Normandy Park shall maintain, enhance and restore public natural drainage systems to protect water quality, reduce flooding, reduce public costs and prevent associated environmental degradation for a no net loss of shoreline ecological functions.

(7) New utility lines including electricity, communications, and fuel lines shall be located underground. Existing above ground lines shall be moved underground when properties are redeveloped or in conjunction with major system upgrades or replacements.

(8) Utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner.

(9) Proposals for new utility corridors shall fully substantiate the infeasibility of existing routes. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.20.290 Archaeological resources and historic sites.

The following regulations shall apply to any structure or area designated or considered an archaeological or historical site that is located within the shoreline environment:

(1) Any project that would disturb an area designated or considered an archaeological or historical site shall require a shoreline conditional use permit.

(2) If archaeological resources are discovered during excavation or construction within the shoreline environment, a work stoppage is required and a shoreline conditional use permit shall be obtained. The applicant shall notify the local government, state office of archaeology and historic preservation, and affected Indian tribes if archaeological resources are uncovered during excavation.

(3) The preservation of archaeological resources and historic buildings shall be encouraged within the shoreline environment. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.20.300 Economic development.

This element is for the location and design of industries, transportation, port, tourist, commercial facilities, and other developments dependent on shoreline locations and/or water access.

(1) Economic development is prohibited along the shoreline of Normandy Park. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).