Chapter 18S.40
USE AND DEVELOPMENT POLICIES AND REGULATIONS Revised 3/20

Sections:

18S.40.010    Purpose.

18S.40.030    Agriculture.

18S.40.040    Aquaculture. Revised 3/20

18S.40.050    Commercial, Civic and Industrial.

18S.40.060    Flood Hazard Management.

18S.40.070    Forest Practices.

18S.40.080    Mining.

18S.40.090    Recreation.

18S.40.100    Residential.

18S.40.110    Restoration and Enhancement.

18S.40.120    Transportation.

18S.40.130    Utilities.

18S.40.140    Water Access Facilities.

18S.40.010 Purpose.

To implement this Title, various types of uses and development anticipated to be carried out on, or occupy, shorelines have been grouped into categories. The categories are the mechanism for applying appropriate policies and regulations to different types of uses and development. This Chapter lists the categories and the corresponding policies and regulations. This Chapter supplements, and does not replace, the Use Category standards of Title 18A PCC, Development Regulations – Zoning. (Ord. 2013-45s4 § 7 (part), 2015)

18S.40.030 Agriculture.

The intent of the Agriculture policies and regulations is to maintain the economic viability of agriculture and to protect ongoing agricultural activities and agricultural lands from conflicting development, such as intensive or unrelated residential, industrial, or commercial uses. Common activities associated with agriculture include the construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures. For agricultural sales and services, see PCC 18S.40.050, Commercial, Civic and Industrial.

A.    Applicability. This Section applies to the following agricultural activities:

1.    New agricultural activities on those specific land areas not previously used for agricultural purposes as of the effective date of this Title;

2.    Land converted to agricultural use; and

3.    Replacement agricultural facilities located closer to the water's edge than the original facility.

4.    This Section shall not apply to:

a.    Agricultural uses and practices conducted as of the effective date of this Title, as evidenced by aerial photography or other documentation. Agricultural uses and practices include, but are not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation on agricultural lands which are those specific land areas on which agriculture activities are conducted.

b.    Forest practice activities regulated under Chapter 76.09 RCW and WAC Title 222.

B.    Policies.

1.    Give priority to agricultural activities that present a lower risk of environmental impacts than those that present a higher risk of environmental impacts.

2.    Encourage the preservation of existing and potential agricultural and open space land through comprehensive land use planning.

3.    Prohibit agricultural practices that would result in violations of State water quality standards.

4.    Utilize best management practices and coordinate with the Pierce Conservation District, Natural Resources Conservation Service, or other agency acceptable to the County.

5.    Encourage the establishment and protection of vegetated buffers for existing agricultural activities.

6.    Encourage cooperative arrangements between agricultural operators and public recreation agencies to develop opportunities for public use of shorelines.

7.    Ensure that ongoing agricultural activities occurring on agricultural lands are not limited or impacted by new development.

C.    Regulations.

1.    Conversion of agricultural lands to other uses shall be subject to the applicable development regulations of the proposed use and consistent with the Shoreline Environment Designation (SED).

2.    Outdoor areas where livestock are primarily sustained by imported feed shall not be allowed within shorelines.

3.    Livestock flood sanctuary areas may be allowed subject to the provisions of PCC 18E.70.040, Flood Hazard Area Standards.

4.    Manure stockpiling and the storage of agricultural chemicals, fertilizers, pesticides, and similar hazardous materials may be permitted where it can be demonstrated that no other on-site storage alternative outside the shoreline exists and the applicant demonstrates that on-site storage procedures will prevent the release of such materials.

5.    Intentional discharge of any manure storage facility into ground or surface water is prohibited.

6.    Stock watering facilities shall be provided so that livestock do not need to access streams or lakes for drinking water.

7.    A farm management plan shall be provided for agricultural activities that include any one of the following, pursuant to Chapter 18S.70 PCC – Appendix B:

a.    Agriculture proposed within a habitat area, species point location, or any associated buffer identified pursuant to Title 18E PCC;

b.    Crop production using chemical weed and pest control, high-yield single crop species, annual tilling, regular soil fertilization rotation, conservation tillage, and drip irrigation;

c.    Alteration of the contour of the shorelands by leveling or filling other than that which results from normal crop cultivation; or

d.    Livestock rearing greater than 1,000 pounds of animal per acre of managed pasture, feedlots of any size, and processing plants.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.40.040 Aquaculture. Revised 3/20

The intent of the Aquaculture policies and regulations is to manage the culture and farming of fish, shellfish, or other aquatic plants and animals. Aquaculture is a water-dependent use. Local government shall consider local ecological conditions and provide limits and conditions to assure appropriate compatible types of aquaculture for the local conditions as necessary to assure no net loss of ecological functions. When properly managed, aquaculture can result in a long-term over short-term benefit and can protect the resources and ecology of the shoreline.

A.    Applicability. This Section applies to the culture or farming of fish, shellfish, or other aquatic plants and animals. This Section does not apply to the harvest of wildstock geoduck associated with state managed wildstock geoduck fishery.

B.    Policies.

1.    Consider both the potential beneficial impacts and the potential adverse impacts that aquaculture might have on the physical environment, other existing and approved land and water uses, and on the aesthetic qualities of a project area.

2.    Give preference to projects that involve minimal or no supplemental food sources, pesticides, herbicides, or antibiotic applications.

3.    Design, locate, and operate aquaculture activities in a manner that supports long-term beneficial use of the shoreline and protects and maintains shoreline ecological functions and processes. Aquaculture should not be permitted where it would result in a net loss of shoreline ecological functions; adversely affect the quality or extent of habitat for Federal and State listed species and species of local importance including native eelgrass, kelp, and other macroalgae; adversely impact other habitat conservation areas or connectivity between such areas; or significantly interfere with navigation or other water-dependent uses.

4.    Individual aquaculture uses and developments should be separated from submerged aquatic vegetation of adjoining parcels by a sufficient distance when project specific review demonstrates it is necessary to ensure that significant adverse cumulative effects do not occur.

5.    Design and locate aquaculture facilities so as not to spread disease to native aquatic life, establish new non-native species which cause significant ecological impacts, nor significantly impact the aesthetic qualities of the shoreline.

6.    Monitor and identify aquaculture project environmental impacts. Monitoring protocols should be consistent with the recommendations of local, State, and Federal agencies with expertise. The results of monitoring shall be used to identify necessary changes to project-specific aquaculture operations and to aquaculture permitting requirements.

7.    Give flexibility to aquaculture practices; provided, that the overarching concern shall be avoidance or minimization of negative impacts as set forth in this Title. The County shall establish monitoring procedures to ensure that aquaculture operations are in compliance with permit conditions.

8.    Limit the scale and period of operation of aquaculture practices that are unproven or that involve impacts of an indeterminate nature.

9.    The County shall require an analysis of the cumulative impacts of aquaculture activities for more complex projects, including but not limited to farms on shorelines of statewide significance; multi-species farms; farms proposed within enclosed waters; farms proposed in locations where similar farms exist or are proposed; or farms that would be the first of their kind in the area.

C.    Regulations – General.

1.    Applications for aquaculture shall be subject to the Aquaculture Application Requirements of Chapter 18S.70 PCC – Appendix C.

2.    Aquaculture operations are subject to all applicable State approved management guidelines. Where such guidelines are less restrictive than the County requirements, the County's requirements shall apply.

3.    The proposed project location shall be suitable for aquaculture with little or no modification to the shoreline environment. Mechanized grading shall not be permitted.

4.    Aquaculture activity boundaries shall be illustrated on a site plan that includes a depiction of the real property boundaries consistent with the legal description of the property. Aquaculture activity boundaries and property corners shall be marked. At its discretion, the County may require traditional survey methods or allow GPS methodology.

5.    Aquaculture activity area boundaries shall be identified through the life of the aquaculture operation. Markers are to be visible when the tidelands are exposed. Projects that utilize submerged structures and/or tubes, stakes, racks, or bags shall also provide floating markers to identify the boundary at higher tides. All markers shall provide the applicant's contact information and a description of aquaculture activities and any associated navigation hazards. Markers in navigable waters shall conform to any applicable U.S. Coast Guard requirements. Floating markers may be removed when the submerged structures and equipment are removed.

6.    Shellfish aquaculture projects located below the Ordinary High Water Mark (OHWM) shall not involve the use of supplemental feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals waterward of the OHWM in marine waters. When such products are used for finfish aquaculture, usage data shall be maintained by the applicant/operator and shall be provided to the County upon request.

7.    Finfish aquaculture that uses or releases herbicides, pesticides, fertilizers, pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, feed, or other materials known to be harmful into surrounding waters shall not be allowed unless significant impacts to surrounding habitat and conflicts with adjacent uses are effectively mitigated.

8.    Aquaculture activities shall not substantially and materially conflict with areas devoted to legally established water-dependent uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, recreation, sport or commercial fishing, underwater utilities, and scientific research.

9.    The operator of any aquaculture activity shall provide contact information to abutting waterfront property owners and shall, in a timely manner, respond to and rectify any complaint relating to materials, equipment, or operation activities as necessary to comply with permit conditions.

10.    Predator control shall not involve deliberate killing or harassment of birds, non-invasive invertebrates, or mammals. Control of invasive species such as the oyster drill snail is acceptable. Approved controls include but are not limited to plastic tubes or netting. Predator control equipment shall be removed as defined within the approved schedule.

11.    Rebar shall be bent so exposed ends are no longer upright.

12.    The duration and frequency of aquaculture monitoring shall be unique to each farm. A monitoring plan shall be submitted consistent with Chapter 18S.70 PCC – Appendix C, Aquaculture Application Requirements. A monitoring schedule shall be established as a condition of each permit approval. At a minimum, monitoring shall occur prior to bed preparation and prior to subsequent cycles of planting and harvest. More frequent monitoring may be required based on the complexity or intensity of the proposal.

13.    Introduction of a new shellfish species, changing the shellfish species cultivated, expansion of the physical area cultivated or relocation of the aquaculture operation shall require notification to the County. The County shall review the proposal consistent with permit revision criteria in PCC 18S.60.080 B. Proposals that do not meet revision criteria shall require a new permit and compliance with this SMP.

14.    Introduction of a new finfish species, changing the finfish species cultivated, expansion of the physical area cultivated or relocation of the finfish aquaculture operation is considered a new use/development, and shall require a new permit and compliance with this SMP.

15.    Aquaculture activities allowed pursuant to an approved Shoreline Conditional Use Permit shall not be subject to review of a new Shoreline Conditional Use Permit for subsequent cycles of planting and harvest. Activities shall be subject to reviews in accordance with an approved monitoring plan, and the permit is subject to PCC 18S.10.070 I. should reviews find that aquaculture activities are being exercised contrary to approval conditions.

16.    Olympia Oyster propagation and other activities supporting the enhancement and/or recovery of native shellfish, finfish and aquatic plant species are allowed within the Nisqually Reach Aquatic Reserve.

17.    Aquaculture applications shall be reviewed for consistency with the mitigation sequence in PCC 18S.30.030 C.1. Aquaculture proposals that will result in significant adverse environmental impacts that cannot be mitigated shall be prohibited.

D.    Regulations – Impact Avoidance.

1.    Proposals shall minimize adverse impacts from noise, light, and glare on nearby properties to the extent feasible.

2.    To the degree practicable, materials and colors that blend into their surroundings shall be utilized.

3.    Permanent lighting shall not be permitted except as required for navigation.

4.    Tools shall be put away when the aquaculture activity area is not being actively worked.

5.    All equipment and structures and/or tubes, nets, and bands shall be marked to identify ownership, and shall be removed as defined by a County approved schedule.

6.    Proposals shall demonstrate methods to be used to secure tubes, nets, bands and other equipment and structures so that they will not escape from the site during the life of the operation.

7.    Operators shall regularly patrol for aquaculture-related materials and debris. The distance to be patrolled will be based on site attributes, such as drift cell (a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift) patterns and degree of enclosure, adjacent land use patterns, and ability to legally access adjacent properties.

E.    Regulations – Harvest and Processing.

1.    Commercial aquaculture operators have a right to harvest from a farm once planted. Harvesting during low tides may occur at night or on weekends only if low tide harvesting is necessary.

2.    Harvest activities shall be conducted in a manner that minimizes turbidity and the risk of impacts to aquatic vegetation and the intertidal bed. Where water pumps are used, they should be placed on floating rafts or boats which shall not come in direct contact with the substrate. Pump intakes shall be screened to minimize the capture of marine organisms. Harvest activities within fine-grained beaches that are susceptible to sediment transport may be required to utilize sediment containment methods, such as sediment control fencing, hose line, or cloth tubes.

3.    Processing of aquaculture products, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, should not occur in or over the water.

4.    Processing and processing facilities should be located on land and shall be subject to PCC 18S.40.050, Commercial, Civic and Industrial, and Tacoma-Pierce County Health Department – Environmental Health Division Regulations, and applicable County Codes, in addition to the policies and regulations in this Section.

5.    No garbage, waste, or debris shall be allowed to accumulate at the site of any aquaculture operation.

6.    If significant mortality of species under cultivation occurs, the aquaculture operator shall immediately report the event to the State and local Health Departments, and then the County.

F.    Regulations – Structures.

1.    The installation of structures and/or equipment shall demonstrate the following:

a.    The design and location of such structures and/or equipment does not effectively preclude surface navigation, recreational boating, and other public use of shoreline waters; and

b.    Safe and unobstructed passage is provided for fish and wildlife.

2.    Over-water structures and/or equipment, and any items stored upon such structures such as materials, garbage, tools, or apparatus, shall be designed and maintained to minimize visual impacts. The maximum height above water for permanent structures shall be limited to three feet from the deck surface of the float or dock unless shoreline conditions serve to minimize visual impacts (for example: high bank environments, shorelines without residential development). Height limitations do not apply to materials and apparatus removed from the site on a daily basis or to required safety-related equipment.

G.    Regulations – Species.

1.    New aquatic species that have not been previously cultivated in Washington State shall not be introduced into the County without prior written approval of the Director of the Washington Department of Fish and Wildlife.

2.    New finfish aquaculture involving net pens for anadromous species shall be prohibited throughout Pierce County marine waters located south and west of the Tacoma Narrows Bridge.

3.    Finfish aquaculture involving net pens for anadromous species are prohibited in all marine waters of Pierce County where there are aquatic reserve areas in place.

(Ord. 2019-59 § 1 (part), 2019; Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.050 Commercial, Civic and Industrial.

The intent of the Commercial, Civic and Industrial policies and regulations is to manage commercial, civic, and industrial development on shorelines.

A.    Applicability. This Section applies to commercial, civic and industrial uses and development including centers that provide services and facilities for the transfer of commodities (water, air, or land) of commerce to and from vehicles, and may provide the means for their protection, storage, maintenance, and operation.

B.    Policies.

1.    Encourage restoration of impaired shoreline ecological functions and processes as part of commercial, civic and industrial development.

2.    Allow mixed use development, including non water-dependent uses, only when they include and support water-dependent uses, unless the site does not abut the water's edge.

3.    Encourage multiple-use concepts such as including open space and recreation in commercial, civic and industrial development.

4.    Maximize use of existing ports and other industrial areas prior to expansion or development of new industrial sites.

5.    Consider regional industrial needs in reviewing new proposals and allocating shorelines for industrial development. Such reviews or allocations should be coordinated with port districts, adjacent counties and cities, and the State.

C.    Regulations.

1.    Structures waterward of the OHWM shall be on piling or other open-framework, and shall be limited to those that require over-water facilities.

2.    In addition to standard submittal standards, see Chapter 18S.70 PCC – Appendix D, Commercial, Civic, and Industrial Application Requirement.

3.    Non water-oriented commercial, civic or industrial uses, or portions of a use that are non water-oriented, are prohibited in shorelines unless they meet one of the following criteria:

a.    The use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; and

b.    Navigability is severely limited at the proposed site; and the commercial, civic or industrial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or

c.    The use is physically separated from the water's edge by another legally established property in separate ownership or existing permanent substantial improvement, such as a paved area, dike, levee, or other permanent structure which serves to eliminate or greatly reduce the impact of the proposed use and development upon the shoreline.

4.    Non water-dependent commercial, civic and industrial uses should not be allowed over water except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses.

5.    Where applicable, new development shall include environmental cleanup and restoration of the shoreline in accordance with any relevant State and Federal law.

6.    A change from an existing non water-oriented commercial, civic or industrial use to another non water-oriented commercial, civic or industrial use is permitted without a Conditional Use Permit, subject to the general policies and regulations of this Title.

7.    When commercial, civic or industrial redevelopment involves relocating or expanding the existing structure, shoreline restoration or mitigation shall be a condition of approval. Mitigation may include, but is not limited to:

a.    Moving the structure away from the shoreline;

b.    Removing any shoreline armoring or replacing hard with soft armoring;

c.    Riparian vegetation restoration, including removing invasive and planting natives; or

d.    Stormwater retrofits to implement Low Impact Development.

8.    When commercial, civic or industrial redevelopment involves relocating or expanding the structure, public access shall be a condition of approval, unless infeasible due to health or safety issues. Public access may include, but is not limited to:

a.    Establish shoreline access or maintain existing public access;

b.    Connecting a trail to existing public access on adjacent property; or

c.    Providing for visual access to the shoreline.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.060 Flood Hazard Management.

The intent of the Flood Hazard Management policies and regulations is to minimize public and private losses due to flood conditions in flood hazard areas.

A.    Applicability. This Section applies to actions taken to reduce flood damage or hazard. Flood hazard reduction measures subject to the requirements of this Section may consist of nonstructural measures such as setbacks, wetland restoration, levee or revetment removal, use relocation and bioengineered measures, gravel removal (scalping or dredging), and of structural measures such as levees, revetments, setback levees and setback revetments, floodwalls, channel realignment, and elevation of structures.

1.    These regulations are in addition to those in Chapter 18E.70 PCC, Flood Hazard Areas.

2.    This Section does not apply to mining; instead refer to PCC 18S.40.080, Mining.

B.    Policies.

1.    Demonstrate avoidance of adverse impacts to shoreline uses, resources, and values, including shoreline geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, scenic resources, and bank erosion.

2.    Give preference to flood hazard reduction measures that consist of nonstructural measures such as setbacks, land use controls, wetland restoration, dike removal, impervious surface reduction, use relocation, vegetation retention, biotechnical measures, and stormwater management programs.

3.    Flood hazard reduction measures may include structural measures such as dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures.

4.    Limit development, flood control structures, and other shoreline modifications that may adversely impact property or public improvements, or result in a net loss of ecological functions associated with rivers and streams, by interfering with channel migration processes.

5.    Return river and stream corridors to more natural hydrological conditions, recognizing that seasonal flooding is an essential natural process.

6.    Consider the removal or relocation of structures in flood hazard areas when evaluating alternate flood control measures.

7.    Allow flood hazard management structures only when the following can be demonstrated:

a.    They are necessary to protect development;

b.    Nonstructural measures are not feasible; and

c.    Appropriate vegetation conservation actions are undertaken.

8.    Give preference to placing new flood hazard reduction structures landward of wetlands and associated buffers.

C.    Regulations – General.

1.    Proposals for flood hazard management measures shall demonstrate, by engineering and scientific evaluation, the following:

a.    Measures are necessary to protect health, safety, or existing legally established development;

b.    Measures are consistent with an adopted flood hazard management plan that evaluates cumulative impacts to the watershed system; and

c.    Benefits of the flood hazard project outweigh the anticipated environmental impacts.

2.    Removal of gravel for flood management purposes shall be consistent with an adopted flood hazard reduction plan and shall be allowed only after a biological study and geomorphologic study show that extraction has a benefit to flood hazard management, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution.

3.    Removing material from rivers and streams for the sole purpose of flood control may be permitted under the following conditions:

a.    The location and quantities of sand and gravel or other materials to be removed are specified;

b.    Extraction amounts, rates, timing and locations are based on a scientifically determined sediment budget adjusted periodically according to data provided by a regular monitoring plan;

c.    The development will not adversely affect the natural processes of gravel transportation for the river or stream system as a whole. Specific studies prepared by a hydrogeologist and included with the application shall demonstrate that any adverse flood, erosion, or other environmental impacts occurring either upstream or downstream of extraction sites are mitigated; and

d.    The development shall be limited to work that occurs out of the water unless the project is adopted by a governmental agency or approved comprehensive flood hazard management plan.

4.    Accessory aggregate processing (crushing, washing, screening, stockpiling, and staging areas) may occur on site on a temporary basis after review of potential impacts.

5.    Riprapping and other bank stabilization measures shall be located, designed and constructed to protect the natural character of the waterway.

6.    Levees, revetments, berms and similar flood control structures shall be shaped and planted with vegetation suitable for wildlife habitat when feasible.

7.    Regulated Channel Migration Zones (CMZ) are identified in PCC 18E.10.140 H.4.a. For regulated CMZs that have not yet had a study adopted by Pierce County, the default CMZ shall be the regulated FEMA floodway area. For more information regarding Channel Migration Zones, please refer to Chapter 18E.70 PCC, Flood Hazard Areas.

D.    Regulations – Structural Flood Hazard Reduction Measures.

1.    New structural flood hazard reduction measures shall be:

a.    Permitted only in those circumstances in which nonstructural flood hazard reduction measures will not achieve the intended flood hazard reduction; and

b.    Constructed and maintained in a manner that does not degrade water quality.

2.    Groundwater movement and surface water runoff shall be considered in the design and operation of new structural flood hazard reduction measures.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.40.070 Forest Practices.

The intent of the Forest Practices policies and regulations is to provide guidance for Forest Practice activities on shorelines.

A.    Applicability. This Section applies to Forest Practices as defined in the Washington State Forest Practices Act, Chapter 76.09 RCW, and the State Forest Practice Rules, Title 222 WAC, as follows:

1.    Class I, II, and III Forest Practices located within 200 feet of the OHWM on Shorelines of Statewide Significance.

2.    Class IV-General Forest Practices where shorelines are being converted to non-forest uses. Class IV-General Forest Practices are subject to the requirements of the other Sections of this Title, Development Policies and Regulations – Shorelines, as applicable, and to Title 18H PCC, Development Regulations – Forest Practices.

B.    Policies.

1.    Allow only selective harvest methods of merchantable timber in accordance with RCW 90.58.150 on Shorelines of Statewide Significance.

2.    Accomplish reforestation in shorelines as quickly as possible. Replanting should be done with native species common to the area.

3.    Forest lands should be reserved for long term forest management and other uses compatible with the forestry use.

C.    Regulations.

1.    Forest Practice regulations are found in Title 18H PCC, Development Regulations – Forest Practices.

2.    Class I, II, and III Forest Practices located within 200 feet of the OHWM on Shorelines of Statewide Significance, consistent with RCW 90.58.150, shall only allow selective timber cutting so that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. Exceptions to this standard shall be by Conditional Use Permit only.

3.    When forest land is to be converted to another use under a Class IV Forest Practice, the conversion shall be clearly indicated on the Forest Practices application. Preparatory work associated with the conversion of land to non-forestry uses or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non-forestry use and the general provisions of this Master Program, including vegetation conservation.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.080 Mining.

The intent of the Mining policies and regulations is to accommodate mining practices while achieving compatibility with other shoreline uses.

A.    Applicability. This Section applies to removal of naturally occurring materials from the earth. Associated activities such as processing and transportation shall be subject to the requirements in this Section and PCC 18S.40.050, Commercial, Civic, and Industrial. This Section does not apply where the primary use involves Flood Hazard Management (see PCC 18S.40.060). See Restoration and Enhancement, PCC 18S.40.110, for restoration and enhancement activities.

B.    Policies.

1.    Locate, design, and manage mining operations so that other legally established uses and development are not subjected to unnecessary adverse impacts such as diminished water quality, flooding, and bank erosion.

2.    Avoid adverse impacts to shoreline geomorphic processes, ecological functions, water quality, fish and wildlife habitat, scenic resources.

3.    Require mining operations to accomplish the timely restoration of disturbed areas to a biologically productive, semi-natural, or other useful condition through a reclamation process.

4.    Provide adequate protection against sediment and silt production when mining operations remove rock, sand, gravel, and minerals from shoreline areas.

5.    Ensure that mining does not preclude public recreation of the public shoreline.

C.    Regulations.

1.    Applications shall be accompanied by operation plans and analysis of environmental impacts.

2.    Mining is prohibited waterward of the OHWM and within wetlands.

3.    Exploration for, and subsequent mining or extraction of, natural gas or petroleum is prohibited within shorelines.

4.    Mining operations shall implement measures such as buffers, limited hours, or other mitigating measures, for the purpose of minimizing adverse proximity impacts.

5.    The applicant shall provide documentation prepared by a professional engineer registered in the State of Washington demonstrating that all of the following criteria are met:

a.    All pits of each operation shall be located and excavated to a depth so as to function as a self-flushing chain of lakes whenever the pits are overtopped by floods in order to prevent eutrophication and fish entrapment;

b.    The entire operation shall be sized and designed so that neither additional bank erosion, catastrophic changes in channel location, nor adverse impact to fish resources or water quality will likely result in the long term;

c.    The scale and mode of operation will not have adverse impacts on fish resources, water quality, and recreation resources, nor adversely impact a stream's natural capacity to erode, shift, accrete, and flood;

d.    All equipment, works, and structures shall be designed to withstand flooding without becoming a hazard in themselves nor causing adverse effects on the shoreline, without the necessity for shoreline stabilization structures; and

e.    Impacts to wetlands or intertidal areas are entirely avoided.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.40.090 Recreation.

The intent of the Recreation policies and regulations is to accommodate civic and commercial recreational opportunities while achieving compatibility with other shoreline uses and development and ensuring no net loss of ecological function.

A.    Applicability. This Section applies to public and private civic and commercial proposals intended for recreational use, except that for recreational uses where the principal use is to serve watercraft, PCC 18S.40.140, Water Access Facilities, shall apply.

B.    Policies.

1.    Give preference to developments that facilitate the public's ability to reach, touch, and enjoy the water's edge, to travel on the waters of the State, and to view the water and the shoreline.

2.    Provide ample, varied, and balanced recreational experiences in appropriate shoreline locations.

3.    Design facilities to accommodate expected capacity and to prevent overuse.

4.    Locate recreational developments so that use and intensity are consistent with the characteristics of the shoreline in which they are located.

5.    Discourage recreational development that requires extensive structures, utilities, roads, or substantial modifications of topography or vegetation removal.

6.    Incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment, and the importance of public involvement in shoreline management.

7.    Encourage linkage of shoreline parks, upland recreation opportunities and water-oriented opportunities.

8.    Encourage the acquisition of public shoreline recreational lands through a variety of means including fee purchase, acquisition of easements, options, development rights, and implementation of the Conservation Futures Act.

9.    Encourage coordination between public agencies and private developers in their plans and activities to provide a wide variety of recreational opportunities.

10.    Discourage vehicular traffic on beaches and the water's edge.

C.    Regulations.

1.    Locations and designs requiring flood protection or shoreline stabilization should be avoided.

2.    Impacts to abutting uses shall be addressed. Where issues of incompatibility arise such as security, noise, and view, impacts shall be reasonably mitigated. However, priority shall be given to providing recreation that benefits the general public.

3.    When multiple recreational facilities are proposed, cumulative impacts shall be addressed.

4.    Recreational water activities shall not impede the ability of watercraft to navigate past the site.

5.    Swimming areas, underwater parks, and similar uses shall include safety provisions to warn boating traffic of their location.

6.    Structures waterward of the ordinary high water mark (OHWM) shall be floating or on piling or other open-framework and shall be limited to those uses that require over-water facilities.

7.    When allowed, vehicle use of beaches, streams, wetlands, and buffers shall be specifically designated and posted for such use.

8.    Restrooms, refuse disposal, parking, maintenance, and similar facilities shall be provided consistent with the expected demand. Designs shall consider ways to prevent overuse of the site.

9.    Over-water recreational structures that extend waterward from the water's edge shall not exceed 15 percent of the fetch.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.100 Residential.

The intent of the Residential policies and regulations is to accommodate residential development and appurtenances. Single-family residences are a preferred use within the Conservancy and Residential Shoreline Environment Designations (SEDs) when consistent with control of pollution and prevention of damage to the natural environment. The Residential policies and regulations encourage sustainable residential development through restrictions on the scale of development, preservation of vegetation and topography, and minimization of impacts to fish and wildlife habitat.

A.    Applicability. This Section applies to residential developments, structures and uses together with associated accessory structures and uses that do not fall into another category within Title 18S PCC. This Section also applies to the creation of residential lots.

B.    Policies.

1.    Set structures back from required shoreline buffers to ensure compatibility between uses and protection of buffer areas from residential activities.

2.    Ensure compliance with allowable density of new residential development in applicable comprehensive plan goals and policies, zoning restrictions, and shoreline environment designation standards.

3.    Prohibit the use of bonus density provisions, of the underlying zone classification, for lots created in shoreline environment designations containing sensitive ecological functions.

4.    When on-site sewage systems are required for residential development, those systems and their associated drainfields should be installed outside of shorelines.

5.    Locate new development a sufficient distance from steep slopes or bluffs to ensure that stabilization measures are unlikely to be necessary during the life of the development.

6.    Accessory uses should preserve open space, be visually and physically compatible with surrounding development, and be reasonable in size and purpose.

7.    Prohibit new over-water residences, including floating homes.

8.    Encourage development that includes common open space and recreation facilities adjacent to the water's edge.

9.    Residential development should preserve existing vegetation, open space, habitat, and critical areas.

10.    Encourage the use of low impact development (LID) techniques.

11.    New residential structures should be located with respect to views and should not exceed a height of 35 feet.

C.    Regulations – General.

1.    Existing legally established residential structures and appurtenant structures located in a Shoreline Environment Designation (SED) which permits the residential development, but that do not meet standards for setbacks, buffers, yards, area, bulk, height, or density, shall be considered conforming for purposes of administering this Title. See also PCC 18S.10.055, Recognition of Legally Established Development.

2.    Table 18S.30.030-2, Standard Shoreline Buffers and Setbacks, indicates the required buffer and setback for each SED. Table 18E.40.060-1, Fish and Wildlife Habitat Conservation Area Buffer Requirements, indicates the required fish and wildlife habitat area buffer width for each water type. Chapter 18E.40 PCC includes the provisions by which fish and wildlife habitat area buffers and setbacks may be modified.

3.    Residential development shall comply with bulk standards (such as, but not limited to: setbacks, buffers, height, and density) of Title 18A PCC.

4.    New over-water residences and expansion of existing over-water residences, including floating homes, are prohibited.

5.    Residential development on a lot shall comply with Chapter 18E.110 PCC, Erosion Hazard Areas.

6.    Residential structures shall not exceed a height of 35 feet pursuant to PCC 18S.30.060 D., Scenic Protection and Compatibility.

7.    Not more than one third of the parcel within shoreline jurisdiction and landward of the ordinary high water mark shall be covered by impervious areas, except that new lots in a Natural or Conservancy SED shall be limited to 10 percent effective impervious surfaces, including parking areas but excluding a 12-foot wide driveway. This restriction applies to both principal and accessory uses and structures.

8.    New waterfront developments of two or more dwelling units within shoreline jurisdiction shall provide for joint use water access, unless determined during the review of the project that such joint use water access is infeasible due to topographic constraints.

9.    Septic tanks and drain fields for new sewage disposal systems shall be located outside of shoreline setbacks and buffers.

D.    Regulations – Land Divisions and Boundary Changes.

1.    Lots created through subdivision of land shall be situated so that development on the created lots will not require soft or hard shoreline stabilization methods. A geological analysis may be required to demonstrate that these methods will not be needed pursuant to Chapter 18E.110 PCC. See also PCC 18S.30.070, Shoreline Stabilization policies and regulations.

2.    Minimum lot width, measured at the ordinary high water mark (OHWM), shall be as follows for newly-created or adjusted lots, unless a greater dimension is required pursuant to Title 18A PCC, Development Regulations – Zoning:

a.    Natural SED = 100 feet,

b.    Conservancy SED = 75 feet, and

c.    Residential SED = 50 feet.

3.    Natural Shoreline Environment Designation (SED).

a.    New land divisions are prohibited from exceeding base density as determined by Title 18A PCC.

b.    The bonus density provisions of Title 18A PCC shall not be allowed.

c.    New land divisions and subsequent development shall comply with low impact development (LID) regulations of the Pierce County Stormwater Management and Site Development Manual, Volume VI, or as amended within shorelines.

4.    New divisions of land, and subsequent development, that exceed the base densities as determined by Title 18A PCC shall comply with LID regulations of the Pierce County Stormwater Management and Site Development Manual, Volume VI, within shorelines.

5.    Residential developments containing five or more dwelling units shall provide and maintain a commonly owned tract between the water's edge and the first tier of lots closest to the water's edge for the benefit of all lots within said subdivision. The purpose of the tract is to maintain the natural visual appearance and ecological functions of the waterfront and to provide shoreline access.

6.    Critical areas and associated buffers, open space, access areas, shoreline recreational space, or other common area shall be protected in a tract, or alternative protective mechanism such as a protective easement, public, or private land trust dedication, or similarly protective mechanism prior to final approval of any division of land. Approval of an alternative protective mechanism will be subject to a determination by the Director or Hearing Examiner that such alternative mechanism provides the same level of permanent protection as designation of a tract. Each lot owner within the land division shall have an individual taxable interest in the tract(s) or protective mechanism, unless otherwise approved by the Director or Hearing Examiner.

7.    New waterfront land divisions containing two or more dwelling units within shoreline jurisdiction shall provide for joint use water access, unless determined during the review of the project that such joint use water access is infeasible due to topographic constraints. Recorded documents for the land division shall note the provision for joint use water access if such access is required.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.110 Restoration and Enhancement.

The intent of the Restoration and Enhancement policies and regulations is to manage the reestablishment or upgrades to impaired ecological shoreline processes or functions.

A.    Applicability.

1.    This Section applies to restoration and enhancement actions aimed at improving shoreline ecological functions and processes.

2.    Restoration is the process of reestablishing impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, re-vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not necessitate the return of the shoreline area to emulate conditions that existed prior to human contact.

3.    Enhancement is the process of altering physical, chemical, or biological characteristics of shoreline features in order to improve specific functions. Enhancement is often undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydro periods, or some combination of these.

B.    Policies.

1.    Give priority to restoration actions identified in the Shoreline Restoration Plan or other restoration plans that address regional environmental needs.

2.    Encourage restoration actions that enhance aquatic and upland ecological functions, processes, and physical features (such as native vegetation) and that address the needs of regulated fish and wildlife species.

3.    Encourage and support cooperative restoration efforts between local, state, and federal public agencies, tribes, non-profit organizations, and landowners to improve shorelines with impaired ecological functions and/or processes.

4.    Incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment, and the importance of public involvement in shorelines management in restoration and enhancement plans.

C.    Regulations.

1.    Restoration and enhancement projects shall achieve goals and objectives of the Pierce County Shoreline Restoration Plan or in other recovery plans for listed species and/or populations, provided such other plans are consistent with achieving goals and objectives in the Pierce County Shoreline Restoration Plan.

2.    Restoration and enhancement completed in advance of shoreline development may be used for future development-related mitigation purposes when:

a.    The restoration and enhancement is either:

(1)    Demonstrably related to the impacts of the proposed development (i.e., in-kind); or

(2)    Not demonstrably related to the impacts of the proposed development (i.e., out-of-kind), provided the restoration and enhancement will result in greater levels of ecological shoreline processes or functions than would in-kind restoration and enhancement; and

b.    Initiated after March 1, 2005, the implementation date of the Critical Area regulations update; and

c.    Pre-restoration and pre-enhancement ecological shoreline processes or functions can be conclusively demonstrated; and

d.    Protective measures are applied to the restored and enhanced area in the form of a tract, conservation easement, or similar preservation mechanism approved by the County.

3.    Shoreline restoration projects that result in a landward shift in the ordinary high water mark may be reviewed pursuant to RCW 90.58.580 to determine if relief from Master Program development standards and use regulations are warranted within urban growth areas.

4.    Restoration and enhancement designed to improve fish habitat, and meeting the requirements of RCW 77.55.181, may qualify for an expedited review process with no local government fees. To see if your project meets this expedited process, you must provide a complete application package to the Department and to Washington Department of Fish and Wildlife (WDFW).

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.40.120 Transportation.

The intent of the Transportation policies and regulations is to accommodate safe and adequate circulation systems to, from, and over shorelines when necessary, and to achieve consistency with other shoreline development.

A.    Applicability. This Section applies to transportation development including but not limited to roads, commercial parking, buses, ferries, railroads and aviation.

B.    Policies.

1.    Include systems for pedestrians, bicycle, and public transportation where appropriate in circulation system planning.

2.    Plan, locate, and design transportation and parking facilities where routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological function or adversely impact existing or planned water-dependent uses. Where other options are available and feasible, new roads or road expansions should not be built within shorelines.

3.    Discourage parking facilities in shorelines. Such facilities should be allowed only as necessary to support an authorized use.

C.    Regulations.

1.    Appropriate measures shall be employed to protect public safety and prevent adverse impacts on navigation, public access, recreation, and other approved shoreline uses.

2.    Parks and scenic views, as well as historic, archaeological, and cultural resources shall be avoided for new transportation corridors or sites unless no feasible alternative exists.

3.    New uses and development shall co-locate with existing facilities when feasible.

4.    Development of rights-of-way and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided, that such redevelopment shall be otherwise consistent with the provisions of this Title.

5.    Parking areas associated with a principal use shall be located outside shorelines unless no feasible alternative location exists. Parking as a principal use is prohibited.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.40.130 Utilities.

The intent of the Utilities policies and regulations is to provide for present and future services and facilities that produce, convey, store, or process power, fuel, wastewater, communications, solid waste, and the like while minimizing conflicts with other permitted shoreline uses and development.

A.    Applicability. This Section shall apply to utilities as a principal use that produce, convey, store and/or process water, electricity, gas, wastewater, solid waste, communications, and other utilities.

B.    Policies.

1.    Locate new public and private utilities inland from the land/water interface, preferably out of shorelines.

2.    Consolidate utility facilities within existing rights-of-way wherever possible.

3.    Allow non water-oriented utility production and processing facilities, or parts of those facilities within shorelines, only when there is no other feasible option.

4.    Prohibit new solid waste disposal facilities or transfer facilities in shoreline areas except water-dependent solid waste transfer facilities which may be allowed in port or industrial areas.

5.    Coordinate utility right-of-way acquisition and construction with transportation and recreation planning and also with other local government agencies and utility providers.

C.    Regulations.

1.    New solid waste disposal facilities or transfer facilities are prohibited in shoreline areas, except water-dependent solid waste transfer facilities may be allowed in port or industrial areas if they include a modern transfer system where all waste is either delivered to the site already containerized or waste is transferred to containers inside of an enclosed building.

2.    Utilities should be underground, including underneath water bodies, unless such location would cause greater degradation to ecological functions or be technically prohibitive.

3.    Appropriate measures shall be employed to protect public safety and prevent adverse impacts on navigation, public access, recreation and other approved shoreline development.

4.    Parks, scenic views, and historic, archaeological and cultural resources shall be avoided unless no feasible alternative exists.

5.    After construction, the work site shall be restored to the maximum extent possible.

6.    Any mitigation required shall be maintained for the life of the project.

7.    All normal utilities associated with a principal use shall be reviewed as part of the principal use.

8.    Applicants shall demonstrate the need for a shoreline location, and if the utility is proposed outside of an existing right-of-way, why collocation within existing right-of-way is not feasible.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.40.140 Water Access Facilities.

The Water Access Facilities policies and regulations are intended to manage development of facilities that support water dependent uses such as mooring buoy, mooring piling, float, lift, railway, launching ramp, dock (pier, ramp, and/or float), marina, and water access stairs.

A.    Applicability. This Section applies to water dependent facilities such as mooring buoy, mooring piling, float, lift, railway, launching ramp, dock (pier, ramp, and/or float), boathouse, and marina.

B.    Policies.

1.    Locate, design, and operate facilities so that other water-dependent and preferred uses are not adversely affected.

2.    Discourage facilities that serve only one residence, and encourage facilities serving more than one residence.

3.    Discourage railways, docks and launching ramps on shallow, gradually-sloping beaches that result in excessively long facilities, or normal length facilities that are nonfunctional (e.g., high and dry) a majority of the time.

4.    Size facilities in small water bodies, such as coves, bays, and inlets to accommodate maneuverability and existing legally established uses.

5.    Give preference to facilities:

a.    That provide public access and recreational opportunities;

b.    That are landward of the ordinary high water mark (OHWM) such as upland dry storage marinas;

c.    That are waterward of the OHWM that can be removed seasonally rather than permanent facilities; or

d.    That minimize the amount of shoreline modification (e.g., buoys rather than docks).

6.    Encourage the removal of unutilized or derelict facilities.

7.    Restrict liveaboards from extended mooring except when located at a marina.

8.    Limit proposals located in a constricted body of water to ensure the site is not overrun with facilities and has the flushing capacity necessary to maintain water quality.

C.    Regulations – General.

1.    New piers and docks shall be allowed only for water-dependent uses or public access and shall be the minimum size necessary to meet the needs of the proposed use. As used here, a dock associated with a single-family residence is a water-dependent use; provided, that it is designed and intended as a facility for access to watercraft or the water.

2.    Floating facilities (including anchor lines) and vessels moored to all facilities shall not ground or beach on the substrate. Flotation material shall be fully enclosed and contained.

3.    Facilities shall be stable against the elements and maintained in safe and sound condition.

4.    Facilities waterward of the OHWM in marine waters shall consist of an open framework (e.g., pilings, grated surfaces, cable railings, floating facilities held in place with anchors) as opposed to solid surfaces with no openings, to the maximum extent feasible.

5.    In- and over-water facilities shall be visible under normal day and nighttime conditions. Visual aids may include reflectors and warning lights, and shall be consistent with any applicable U.S. Coast Guard requirements.

6.    Accessory uses shall be:

a.    Limited to water-dependent recreation (such as fishing and swimming) and may involve the addition of swim ladders, diving boards, slides, trampolines, etc., where allowed; or

b.    Related to boating, necessary for operation of the facility and/or provide water access.

7.    Lighting (except for warning lights) shall be the minimum voltage and height necessary for safe use of the facility and shielded to prevent glare.

8.    Utilities should be placed on or under, and not overhead, of the facility.

9.    Off-shore facilities shall be:

a.    Clearly marked with the owner's name, contact information and, if on State land, Washington State Department of Natural Resources (DNR) registration number; and

b.    Located so that they balance the goals of avoiding nearshore habitat, minimizing obstructions to navigation, and minimizing impacts to legally established facilities and moored vessels.

c.    Extended moorage on waters of the State shall be consistent with State regulations.

10.    Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the over-water structure.

11.    Fueling facilities are prohibited, unless located at a marina.

12.    Height of a facility should be the minimum necessary for safe operations.

13.    In a constricted body of water, docks, except for residential docks, shall be allowed only where there is one surface acre of water within the constricted body, measured at mean low water, for each boat moorage (including buoys) within said constricted body.

14.    Maximum intrusion into the water shall be only so long as to obtain a depth of 8-feet of water as measured at mean lower low water (MLLW) on saltwater shorelines, or as measured at ordinary high water in freshwater shorelines, except that the intrusion into the water of any pier or dock shall not exceed the lesser of 15 percent of the fetch or the maximum allowed length.

15.    New waterfront developments of two or more dwelling units and land divisions containing two or more dwelling units within shoreline jurisdiction shall provide for joint use water access, unless determined during the review of the project that such joint use water access is infeasible due to topographic constraints.

16.    Water access facilities are subject to Chapter 18E.110 PCC, Erosion Hazard Areas.

17.    This Section shall not be circumvented by installing a motor, motor mount, oars, etc., on a facility and registering it as a vessel.

D.    Regulations – Residential. The following regulations apply to residential water access facilities serving four or fewer parcels:

1.    Facilities may be allowed if a residential parcel meets the following criteria:

a.    The parcel abuts either the water's edge or is separated from the water's edge by an existing road that abuts the water's edge;

b.    The parcel is vacant or developed with a maximum of two dwellings (not including legally established accessory uses); and

c.    The parcel is not within a residential development having a previous land use decision that prohibits establishment of the facility.

2.    Residential properties may be served by one dock (including a pier, ramp and/or float). For purposes of this subsection, a residential dock may accommodate temporary floats and boat lifts. The following additional criteria shall apply to the number of water access facilities allowed:

a.    A parcel may have no more than one railway;

b.    A parcel may have no more than one mooring buoy or mooring piling except a second mooring buoy may be authorized to secure moorage when authorized by the Washington State Department of Natural Resources;

c.    Facilities attached to another facility (such as boat and jet ski lifts attached to docks) shall be considered permitted accessory uses.

3.    If a principal residence occupies more than one parcel, then the project site shall be considered one parcel for purposes of this Section.

4.    Use of residential water access facilities shall be limited to property owners, residents, and guests for recreational noncommercial purposes, except for those associated with a legally established home occupation or cottage industry.

5.    Docks and railways serving one parcel shall be subject to the following:

a.    Applicants shall contact abutting shoreline owners and inquire about sharing any existing legal facilities they may have or, if none exist, their interest in participating in a new one;

b.    Applicants shall demonstrate how they considered the use of existing facilities and joint use of a new facility, and why these alternatives are not feasible; and

c.    Docks may consist of shapes other than a straight line, such as a "U," "T," or "L," as determined by the appropriate reviewing authority.

6.    Facilities serving more than one parcel, under the same or different ownership, shall be subject to the following:

a.    Applications shall include documentation of all parcel property owners that would share the facility. Prior to construction or installation, the owners shall record with the County Auditor a joint-use agreement that will appear on the titles of all parcels sharing the facility. The agreement should address apportionment of responsibilities/expenses, easements, liabilities, and use restrictions;

b.    Shoreline permits shall not be required for conversion of an existing, legal single-use facility to joint-use facility unless modifications are proposed. However, a joint-use agreement shall be recorded with the County Auditor and a copy provided to Planning and Land Services; and

c.    Docks may consist of shapes other than a straight line, such as a "U," "T," or "L," as determined by the appropriate reviewing authority.

7.    Water service and sewage pump-out facilities are allowed.

8.    A facility or combination of facilities shall not enclose surface waters on all sides for personal use (such as a swimming enclosure).

9.    Boathouses.

a.    Boathouses shall be constructed landward of the OHWM;

b.    Boathouses may be served by utilities, but otherwise shall not be utilized for purposes other than boat storage;

c.    A boathouse may include a sink and toilet but shall not include other bathroom facilities or other human habitation accommodations;

d.    A boathouse shall be limited to a maximum of 300 square feet and shall not exceed a building height of 12 feet; and

e.    A boathouse may have a zero setback from the OHWM, but allowance of the boathouse shall not justify the need for shoreline armoring.

10.    Launching ramps, and covered moorage that is not light penetrable, are prohibited waterward of the OHWM.

11.    Water access stairs shall not be constructed waterward of the OHWM. Landings within the stairway shall be limited to the minimum size necessary to meet applicable building codes.

E.    Regulations – Recreational and Marina. The following regulations apply to facilities serving more than four parcels, private and public recreational facilities, and marinas:

1.    Number of moorage facilities permitted:

a.    Community recreational: Maximum one moorage for each 20 feet of frontage, up to 200 feet, plus one moorage for each additional 10 feet of frontage (e.g., a 20-boat facility would require 300 feet of frontage). In no case shall there be more than one moorage space for each parcel.

b.    Private recreational: Maximum one moorage for each 30 feet of frontage up to 210 feet of frontage plus one moorage for each additional 15 feet of frontage (e.g., a 20-boat facility would require 450 feet of frontage).

c.    Public recreational: Maximum one moorage for each 10 feet of frontage up to 200 feet of frontage plus one moorage for each additional 5 feet of frontage (e.g., a 50-boat facility would require 350 feet of frontage).

2.    Non-waterfront residents shall be restricted to use of buoys or community recreational, private recreational, public recreational, and marina facilities.

3.    Accessory uses consisting of buildings and non water-dependent uses shall be located landward of the OHWM, and shall meet applicable buffers and setbacks, unless authorized by another Section of this Title.

4.    Design facilities to accommodate, at a minimum, capacity normal to a non-holiday summer weekend, including but not limited to adequate off-street parking, restrooms, waste facilities, life-saving equipment, spill control and cleanup equipment, and facilities for collection and dumping of sewage and solid waste.

5.    Signage providing usage rules shall be provided and shall be located in a conspicuous manner.

6.    Liveaboard vessels may occupy up to 10 percent of the total slips at a marina, subject to the following:

a.    They are only for single-family use; and

b.    Vessels are connected to utilities that provide potable water and sewage/ wastewater disposal to an approved disposal facility.

7.    Covered moorage that is not light penetrable are prohibited waterward of the OHWM.

8.    The applicant shall demonstrate that a specific need exists to support the intended water-dependent use and that shared use of existing facilities in the vicinity, including marinas, are not adequate or feasible.

F.    Regulations – Non-Recreational. The following regulations apply to civic, utility, resource, commercial, and/or industrial facilities:

1.    Number of facilities permitted will be determined by the appropriate reviewing authority.

2.    Facilities shall only be allowed for water-dependent uses. Water-related and water-enjoyment uses may be allowed as part of a mixed-use development on over-water structures where they are clearly auxiliary to, and in support of, water-dependent uses.

3.    The applicant shall demonstrate that a specific need exists to support the intended water-dependent use and that shared use of existing facilities in the vicinity, including marinas, are not adequate or feasible.

4.    Non water-dependent accessory uses shall not be allowed waterward of the OHWM except in limited instances where they are necessary to support a water-dependent use.

5.    Covered facilities waterward of the OHWM shall only be allowed where demonstrated to be necessary, such as covered walkways for a ferry terminal or shipyard.

6.    The maximum intrusion into the water shall be no more than that required for the draft of vessels expected to moor at the facility.

G.    Regulations – Dimension Tables. Tables 18S.40.140-1 and 18S.40.140-2 contain dimension standards for boating facilities addressed in this Section. The following information pertains to the interpretation of the Table:

1.    Facilities attached to another facility, such as a pier and ramp attached to a dock (see Figure 18S.40.140-2), shall be considered one facility for the purpose of dimensional measuring.

2.    Piling detached from, but utilized for, mooring/berthing to a dock, such as dolphin structures, shall not be considered part of the pier/dock dimension but shall be considered a separate facility.

H.    Regulations – Dimensions. Refer to Tables 18S.40.140-1 and 18S.40.140-2 for dimension standards.

1.    "Water Depth at Terminus" means the vertical distance from the bottom of the water body to the water's surface at the end of the facility.

a.    On saltwater, the measurement is based upon mean lower low water (MLLW).

b.    On freshwater, the measurement is based upon the OHWM.

c.    For both salt and fresh water, depth shall be measured at the furthest point from the OHWM.

2.    "Fetch" means the distance across a water body measured in a straight line from where a facility connects to the OHWM to the closest point on the opposite shore.

a.    Fetch shall only apply to facilities that connect to the OHWM.

b.    Fetch shall be determined as follows:

(1)    Identify the location where the facility will connect with the OHWM.

(2)    Identify which direction the long axis of the facility will extend in/over the water.

(3)    From where the facility will connect with the OHWM, draw a line along the long axis.

(4)    Beginning at the point where the facility connects with the OHWM, draw two 45 degree angles extending waterward, one on each side of the line drawn along the long axis.

(5)    The fetch is the distance from where the facility connects to the OHWM to the closest point of OHWM on any shoreline that lies within either of the two 45 degree angles and is not located on the subject parcel.

3.    "Length" means the linear distance of all facility segments measured from the OHWM, except that for Lake Tapps, the linear distance of a facility shall be measured from the 543-foot elevation of the Lake. The length of the facility includes any attached "U", "T" or "L" segments. See Figure 18S.40.140-1, Length of Dock Measurement.

4.    "Width" means the distance of the facility measured from side to side.

5.    Setbacks waterward of the OHWM.

a.    For water access facilities located in bedlands or tidelands owned by the upland property owner, a minimum separation of 10 feet shall be maintained from the side property lines. For water access facilities located on bedlands or tidelands, not owned by the upland property owner (such as state-owned tidelands), a minimum separation of 10 feet should be maintained between the structure and the side property lines extended as per Appendix I, Waterfront Titles in the State of Washington. The placement of over- or in-water structures shall not substantially interfere with the use and enjoyment of the water or the over- or in-water structures on the neighboring property.

b.    For parcels that share a water access facility, setbacks shall not be required from their mutual property line.

c.    Facilities authorized pursuant to this Section shall not extend over, or swing across, side property lines (of those not sharing the facility) without prior written authorization from the affected property owner(s).

FIGURE 18S.40.140-1 -- Length of Facility Measurement

FIGURE 18S.40.140-2 -- Pier, Ramp, Dock
 

Table 18S.40.140-1. Residential Water Access Facility Dimensions 

Water Depth at Terminus

Dock or Railway

Minimum: 0 feet

Maximum: 8 feet

Fetch

Dock or Railway

Maximum: 15 percent

Length of Facility

Dock, Ramp, Pier

Saltwater

Maximum:

150 feet, when serving one or two parcels.

175 feet, when serving three parcels.

200 feet, when serving four or more parcels.

Freshwater

Maximum: 60 feet

Railway

Maximum: 60 feet

Width

Pier

Ramp

Maximum: 6 feet

Dock

Railway

Maximum: 8 feet

Area

Dock, Ramp, Pier

Saltwater

Maximum:

900 square feet when serving one or two parcels.

1,200 square feet when serving three or more parcels.

Freshwater

Maximum:

360 square feet when serving one parcel.

480 square feet when serving two or more parcels.

Float

(not attached to land or a dock)

Maximum

100 square feet, when serving one parcel.

200 square feet, when serving two to four parcels.

Table 18S.40.140-2. Recreational, Marina and Non-Recreational
Water Access Facility Dimensions 

Water Depth at Terminus

Recreational, Marina

Dock, Railway, Launching Ramp

Minimum: 0-feet
Maximum: 8-feet

Non-Recreational

As determined by the appropriate reviewing authority

Fetch

Recreational, Marina

Dock, Railway, Launching Ramp

Maximum: 15%

Non-Recreational

As determined by the appropriate reviewing authority

Length

Recreational, Marina, Non-Recreational

As determined by the appropriate reviewing authority

Width and Area

Recreational, Marina, Non-Recreational

As determined by the appropriate reviewing authority

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)