Chapter 9
Specific Modification Policies and Development Regulations
SECTIONS:
9.1 Introduction -- Applicability
9.2 General Policies and Regulations
9.3 Alteration of Natural Landscape -- Clearing, Grading and Vegetation Removal
9.5 Dredging and Dredge Spoil Disposal
9.7 Shoreline Stabilization Measures and Flood Protection Works
9.1 Introduction - Applicability
What is a shoreline modification?
Shoreline modification activities are structures or actions that permanently change the physical configuration or quality of the shoreline, particularly at the point where land and water meet. Shoreline modifications include, but are not limited to, structures such as bulkheads and piers and actions such as clearing, grading, and removing vegetation. Generally, shoreline modifications are undertaken for the following reasons:
a. To prepare for a shoreline use;
b. To support an upland use; or
c. To provide shoreline stabilization or defense from erosion.
A single shoreline use may require several different shoreline modification activities. For example, a new boat storage yard may require clearing and grading of the upland yard and construction of a jetty and docks in the water.
Can a shoreline modification be proposed without an associated use? Under this Master Program, speculative shoreline modifications not tied to or required as part of a specific permitted use, an existing legal development or necessary to ensure the publics health and safety are prohibited. (Note that permitted uses include restoration and habitat enhancement pursuant to Chapter 5 of this Master Program.)
Proposals for shoreline modifications are to be reviewed for compliance with the applicable “use” policies and regulations in Chapter 8 and the applicable “modification” policies and regulations of this Chapter.
Can a variance be granted to construct a shoreline modification listed as “prohibited” or to deviate from the performance standards?
Shoreline modifications listed as “prohibited” are not eligible for consideration as a shoreline variance. Deviations from the minimum performance standards may be approved under a shoreline variance unless specifically stated otherwise.
9.2 General Policies and Regulations
Policies applicable to all shoreline modifications
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Policy 9.2.1 |
Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. |
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Policy 9.2.2 |
Ensure that shoreline modifications, where permitted, are as compatible as possible with natural shoreline processes and character. |
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Policy 9.2.3 |
Regulate shoreline modifications to assure that the modifications individually and cumulatively do not result in a net loss of ecological functions. Mitigation may be required to meet the no net loss standard. |
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Policy 9.2.4 |
Give preference to those types of shoreline modifications that have a lesser impact on ecological functions and require mitigation of identified impacts resulting from shoreline modifications. |
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Policy 9.2.5 |
Incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes in the placement and design of shoreline modifications. To avoid and reduce ecological impacts, the mitigation sequence in WAC 173-26-201 (2)(e) should be followed. |
Regulations applicable to all shoreline modifications
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DR-9.2.1 |
Shoreline modification activities that do not support a permitted shoreline use are considered “speculative” and are prohibited by this Master Program, unless it can be demonstrated, to the satisfaction of the Shoreline Administrator that such activities are necessary and in the public interest for the maintenance of shoreline environmental resource values. |
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DR-9.2.2 |
Structural shoreline modification measures shall be permitted only if nonstructural measures are unable to achieve the same purpose. Nonstructural measures considered shall include alternative site designs, increased setbacks, relocation, and bioengineering. |
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DR-9.2.3 |
Shoreline modification activities, with the exception of shoreline restoration or enhancement efforts, are prohibited in wetlands, and on undeveloped spits, hooks, bars, barrier beaches, or similar accretion terminals or accretion shore forms. |
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DR-9.2.4 |
Proponents of shoreline modification projects shall obtain all applicable federal and state permits and shall meet all permit requirements. |
9.3 Alteration of Natural Landscape - Clearing, Grading and Vegetation Removal
(See also Environmental Protection - Water Quality- Application of Pesticides/Herbicides and Fertilizers)
Protection of the shoreline resources is an overarching goal of the Shoreline Management Act and this master program. Alteration of the natural landscape can cause changes in the structure and functioning of shoreline habitats and alter use of the habitats by fish, shellfish, birds, marine mammals and other organisms. It can destabilize bluffs, increase erosion, siltation, runoff/flooding, change drainage patterns, reduce flood storage capacity and damage habitat. To minimize impacts to shoreline resources, this master program regulates alteration of the landscape (including but not limited to clearing, grading, and vegetation removal). Although clearing may not always be considered “development” that triggers a substantial development permit, clearing and vegetation removal as activities that impact shoreline resources are regulated in order to achieve the design goals and objectives of the Shoreline Management Act.
Clearing and grading are activities associated with developing property for a particular use including commercial, industrial, residential, or public use. Specifically, “clearing” involves the destruction or removal of vegetation, including but not limited to, root material removal and/or topsoil removal. “Grading” involves the physical alteration of the earth’s surface and/or surface drainage pattern by either recontouring, excavating or filling.
Landfill, defined as placement of dry fill on existing dry or existing wet areas to create new land or raise the elevation, is addressed in Section 9.6, Landfill.
Vegetation removal means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. Trees, shrubs and groundcovers can maintain slopes and reduce erosion from surface water, shallow groundwater and, to some extent, coastal processes. Field and laboratory studies have demonstrated the cause-and effect relationship of vegetation removal and either increased rates of erosion or higher frequencies of slope failure. Vegetation removal is typically associated with "landscaping" improvements or limbing to create or enhance views. (Detailed definitions are provided in Chapter 15, Definitions).
Policies
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Policy 9.3.1 |
Prohibit speculative clearing, grading or vegetation removal. Allow alteration of the natural landscape only in association with existing legal uses or a new permitted shoreline use or development. Exceptions may be granted for vegetation removal in association with an inhabited legal, non-conforming structure, noxious weed abatement, maintenance or maintenance/restoration of historic viewsheds on public lands within a National Landmark Historic District (e.g. viewsheds from the bunkers in Fort Worden State Park). |
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Policy 9.3.2 |
Limit alteration of the natural landscape to the minimum necessary to accommodate the shoreline development or a landscape scheme developed in conjunction with the shoreline development. |
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Policy 9.3.3 |
In those limited circumstances where clearing and grading is permitted within areas classified by the city’s CAO as critical fish and wildlife habitat, wetland, or geologically hazardous areas or their buffers, require mitigation in order to ensure no net loss of functions and values of the shoreline environment. When such activity requires a Reasonable Use Exception pursuant to Section 19.05.050(D) of the critical areas ordinance, a shoreline variance is also required. |
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Policy 9.3.4 |
Allow clearing and grading within shoreline setbacks only when conducted in accordance with an approved landscape plan designed to maintain the functions and values of the shoreline environment, including protection of habitat and shoreline bluffs. |
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Policy 9.3.5 |
Place priority on retention of snags and live trees that provide nesting or perching for eagles, other raptors, or priority species. |
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Policy 9.3.6 |
Use best management practices (BMPs) during clearing and grading to control erosion. |
Development Regulations
Note that all clearing, grading and vegetation removal activities must also be consistent with the environmental protection regulations in Chapter 6, when applicable.
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DR-9.3.1 |
Alteration of the natural landscape shall only be allowed as set forth below: |
a. Landscaping or maintenance associated with an existing legal use or new permitted shoreline use or development.
b. Removal of noxious weeds as listed by the state in Chapter 16-750 WAC, provided such activity shall be conducted in a manner consistent with best management practices and the city’s engineering design standards and native vegetation is promptly reestablished in the disturbed area. (Note that removal of noxious weeds within critical areas may require a minor activities permit pursuant to PTMC 19.05.040(A)(2)).
c. Modification of vegetation in association with a legal, non- conforming use provided that said modification is conducted in a manner consistent with this master program and results in no net loss to ecological functions or critical fish and wildlife conservation areas.
d. Maintenance or restoration of historic view sheds situated on public lands within a National Landmark District (e.g., bunkers at Fort Worden) provided that said activity is conducted in a manner consistent with this master program and results in no net loss to ecological functions or critical fish and wildlife conservation areas.
e. Restoration activities conducted in accordance with an approved plan designed to improved ecological functions and values.
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DR-9.3.2 |
All clearing and grading activities shall be limited to the minimum necessary for the intended development. |
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DR-9.3.3 |
Exposed soils shall be immediately developed or revegetated to prevent erosion. |
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DR-9.3.4 |
Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season. |
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DR-9.3.5 |
In all cases where clearing is followed by revegetation, native plants shall be preferred.1 Lawns are discouraged due to their limited erosion control value, limited water retention capacity and associated chemical and fertilizer applications. |
For guidance, the City of Port Townsend, in consultation with appropriate local and state agencies, will provide a list of native plants that are adapted to riparian conditions. The Washington Department of Fish and Wildlife can also provide a list of species that benefit riparian habitat areas.
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DR-9.3.6 |
Clearing and grading within required shoreline setbacks shall only be permitted upon approval of a detailed landscape plan for revegetation. (The Shoreline Administrator may waive this requirement when potential impacts to shoreline resources are insignificant.) The landscape plan shall include: |
a. A map illustrating the distribution of existing plant communities in the area proposed for landscaping. The map must be accompanied by a description of the vegetative condition of the site, including plant species, plant density, any natural or man-made disturbances, overhanging vegetation, and the functions served by the existing plant community (e.g., fish and wildlife habitat values, slope stabilization).
b. If applicable, a description of the intertidal shade conditions created by existing vegetation. This description shall include an inventory of overhanging vegetation as well as a determination of how much shade is created in the intertidal zone by standing trees, during midday at midsummer.
c. A detailed landscape map indicating which areas will be preserved and which will be cleared, including tree removal.
d. Drawings illustrating the proposed landscape scheme, including the type, distribution, and density of plants. Any pathways or nonvegetated portions should be noted.
e. A description of any vegetation introduced for the purposes of fish and wildlife habitat. Significant loss of wildlife habitat shall be mitigated in accordance with Chapter 6 of this master program. If on-site mitigation habitat is not possible, off-site mitigation shall be permitted at a minimum replacement ratio of one-to-one-and-a-quarter (1:1.25) (habitat lost to habitat replaced).
The revegetation landscaping required by this regulation shall meet the following standards:
f. At the time of planting, shrubs must be eighteen (18) inches high. Shrubs should be planted such that within two years the shrubs will cover at least sixty percent (60%) of the area that would be covered when the shrubs have attained a mature size. At the time of planting, deciduous trees must be at least two (2) inches in caliper as measured one (1) foot above grade, and coniferous trees must be at least five (5) feet in height.
g. The applicant may be required to install and implement an irrigation system to insure survival of vegetation planted. For remote areas lacking access to a water system, an alternative method (e.g., hand watering) may be approved.
h. For a period of two (2) years after initial planting, the applicant shall replace any unhealthy or dead vegetation planted as part of an approved landscape plan.
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DR-9.3.7 |
Trimming of trees and vegetation is allowed within shoreline setback areas without a landscape plan, provided: |
a. This provision is not interpreted to allow clearing of vegetation,
b. Trimming does not include topping, stripping or imbalances; a minimum of 60% of the original crown shall be retained to maintain tree health,
c. Trimming does not directly impact the nearshore functions and values including fish and wildlife habitat,
d. Trimming is not within a wetland or wetland buffer, and
e. Trimming in landslide and erosion hazard areas does not impact soil stability.
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DR-9.3.8 |
Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible, utilize soil bioengineering techniques. |
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DR-9.3.9 |
All shoreline development and activity shall use effective measures to minimize increases in surface water run off that may result from clearing and grading activity. The applicant must implement best management practices in compliance with Chapter 5, Clearing, Grading, and Erosion Control under the City’s Engineering Design Standards. Submittal requirements may include a plan addressing species removal, revegetation, irrigation, erosion and sedimentation control, and other methods of nearshore/riparian corridor protection in accordance with the City’s Engineering Design Standards. |
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DR-9.3.10 |
The city may require a performance bond as a condition of permit approval, to ensure compliance with this Master Program. |
9.4 Docks, Piers and Floats
Docks are fixed structures floating upon water bodies. Piers are fixed, pile-supported structures. Floats are floating structures that are moored, anchored, or otherwise secured in the water that are not connected to the shoreline. Boathouses are covered structures used for the storage or moorage of watercraft, including float-equipped aircraft.
Docks, piers, and floats that serve four or fewer boats regularly moored are reviewed as recreational facilities. Proposals for five or more boats are considered marinas and are also regulated under Section 8.8, "Marinas." Mooring buoys are regulated under Section 8.10
(Note: Over-water structures typically require permits from local, state, and federal agencies. For structures overlying state owned lands, an Aquatic Lands Lease and/or authorization from the Department of Natural Resources is required.)
Policies
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Policy 9.4.1 |
Limit docks, piers and floats to those required as part of a use permitted or conditionally permitted per Section 5.6 of this Master Program. |
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Policy 9.4.2 |
Prohibit docks, piers and floats located outside of a permitted marina to be used for permanent moorage of occupied boats (i.e., liveaboards). |
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Policy 9.4.3 |
Prohibit boathouses. |
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Policy 9.4.4 |
Ensure that docks, piers, and floats are: |
a. Compatible with the shoreline area where they are located. Consideration should be given to shoreline characteristics, tidal action, aesthetics, and adjacent land and water uses.
b. Discouraged at locations where critical physical limitations exist, such as shallow, sloping bottoms; areas of frequent high wind, wave, or current exposure; high littoral drift areas; or slide prone and/or feeder bluffs.
c. Designed and maintained to avoid adverse impacts of the environment and shoreline aesthetics and minimize interference with the public use of the water.
d. Designed, constructed, and maintained to provide a reasonable level of safety to users.
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Policy 9.4.5 |
Encourage the use of mooring buoys in place of piers, docks, and floats. |
Development Regulations
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DR-9.4.1 |
The following dock, pier, and float developments are prohibited in the shoreline jurisdiction: |
a. Piers, docks, boat houses, and floats used for residential purposes. Boats that are occupied shall not be permitted to moor at piers, docks, or floats longer than three (3) days unless pump-out facilities are available.
b. Private piers, docks, and floats in order to reduce the proliferation of structures on the shoreline, except those required in support of a permitted water-dependent use, or those developed primarily to provide public access to the shoreline.
c. Covered moorage and over-water boathouses.
d. Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to accommodate a dock, pier, or float.
e. Docks, piers, and floats in the Natural environment designation.
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DR-9.4.2 |
Design and construction of all piers and docks (and floats) are required to avoid, minimize and mitigate for impacts to ecological processes and functions and be constructed of approved materials. WAC 173-26-231(3)(b). |
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DR-9.4.3 |
The design, location, and construction of docks, floats, and piers, as well as their subsequent use and operation, shall |
a. Minimize adverse effects on fish, shellfish, wildlife, water quality, and geohydraulic processes. Methods include but are not limited to: limiting the footprint of the structure to that which is necessary to serve the intended use and minimizing the use of materials hazardous to the environment.
b. Be capable of withstanding expected environmental conditions.
c. Minimize hazards to users.
d. Minimize interference with adjacent water uses and navigation.
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DR-9.4.4 |
Docks, Piers and Floats shall adhere to the following design standards: |
a. Railings, if provided, shall be of clear or open framework design and conform to the Building Code where required.
b. Utility service on docks and piers shall be placed on or under the deck. Overhead utility service is prohibited. Floodlighting shall be shielded to prevent unnecessary glare.
c. Appropriate marking shall be provided as necessary to avoid hazardous conditions for water surface users.
Setbacks, Height, and Dimensional Requirements
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DR-9.4.5 |
Upland boathouses shall meet required setbacks. |
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DR-9.4.6 |
Docks and piers shall not extend beyond the inner harbor line. |
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DR-9.4.7 |
Docks and floats shall not extend more than three feet in height above the water, nor exceed six feet in width, provided, however, that this limitation does not apply to construction or reconstruction of docks and floats within a marina that are consistent with local, state and federal environmental review and permitting processes. |
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DR-9.4.8 |
In determining the appropriate height of a proposed pier, the following shall be taken into consideration: shading of critical saltwater habitats, passage below the structure for non-motorized recreational vessels, and aesthetics. |
9.5 Dredging and Dredge Spoil Disposal
What is it? Dredging is the removal or displacement of earth such as gravel, sand, mud, or silt from lands covered by water. Lands covered by water include tidelands, marinas and wetlands. Dredging is normally done for, and in this Master Program must be associated with, a specific purpose or use such as maintaining navigation channels, developing/expanding marinas, constructing bridge footings, laying submarine cable and in some cases aquaculture (See Aquaculture, Section 5.6).
Dredging to restore pre-existing contours within a designated and authorized navigation channel or basin is considered normal maintenance (i.e. maintenance dredging) and is exempt from the requirement for a substantial development permit. Dredging is only maintenance where there is a designated and authorized facility such as a marina, federal navigation channel or a berth authorized by permit. If operations expand the channel or basin, a permit is required even if the marina or similar project has been operating for years.
Dredge spoil is the material removed by dredging. Dredge spoil disposal is the depositing of dredged materials on land or into water bodies for the purpose of either creating new or additional lands or for disposing of the dredge material (See also, Landfill, Section 9.6).
Policies
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Policy 9.5.1 |
Restrict maintenance dredging associated with an authorized use (though exempt from a substantial development permit) to maintaining previously dredged and/or existing authorized location, depth, and width. If operations expand the channel or basin, a permit is required even if the marina or similar use has been operating for years. |
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Policy 9.5.2 |
Site and design new development to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. |
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Policy 9.5.3 |
Allow dredging for the purpose of establishing, expanding, or relocating or reconfiguring permitted water-dependent uses (e.g., navigation channels and marina basins) where necessary for assuring safe and efficient accommodation of navigational uses. |
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Policy 9.5.4 |
Prohibit dredging waterward of the ordinary high-water mark (OHWM) for the primary purpose of obtaining fill material, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high-water mark. The project must be either associated with a Model Toxic Controls Act (MTCA) or Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. |
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Policy 9.5.5 |
Plan and conduct dredge and dredge disposal operations in a manner that avoids or minimizes interference with navigation and significant ecological impacts. Impacts, which cannot be avoided, should be mitigated in a manner that assures no net loss of shoreline ecological functions. |
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Policy 9.5.6 |
Allow dredge spoil disposal: |
a. In water areas only for habitat improvement to correct problems of material distribution adversely affecting fish and shellfish resources, or where the alternatives of depositing material on land is more detrimental to shoreline resources than depositing it in water areas.
b. On land in areas where environmental impacts will not be significant.
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Policy 9.5.7 |
Encourage beneficial use of dredge materials (e.g. beach nourishment, capping superfund sites on uplands) as an alternative to deep-water disposal. |
Development Regulations
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DR-9.5.1 |
Maintenance dredging associated with an authorized use, though exempt from a substantial development permit, shall only be conducted upon the completion of a dredge materials management plan for the site based on compliance with the policies and performance standards of this Master Program. |
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DR-9.5.2 |
Dredging (that is not considered normal maintenance) and dredge spoil disposal shall require a conditional use. |
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DR-9.5.3 |
Dredging and dredge spoil disposal shall not occur in wetlands, except if the wetland alteration policies and regulations in Chapter 6 are followed. Dredging and dredge spoil disposal in wetlands can occur only for the purposes of enhancing valuable wetland functions. |
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DR-9.5.4 |
Unless waived by the Shoreline Administrator, applications for shoreline dredging and dredge spoil disposal shall provide, at a minimum, the following information: |
a. Physical, chemical, and biological analysis of material to be dredged, including material composition, particle size distribution, volume and amount, organic content, source of material, volatile solids, chemical oxygen demand (COD), grease and oil, oxygen and heavy metals, nutrients, sulfides and biological organisms, both permanent and migratory/transitory.
b. Dredging technique, schedule, frequency, hours of operation, and procedures.
c. Method of dredge spoils disposal, including the location, size, capacity and physical characteristics of the soil disposal area, transportation method and routes, hours of operation, and schedule.
d. Demonstration that the sediment meets all state standards (e.g., a letter from the appropriate regulatory agency (ies)) that the sediment meets all applicable standards for placement at the proposed location. Assessment of water quality impacts shall be included as an attachment.
e. Location and stability of bedlands adjacent to proposed dredging area.
f. Hydraulic analyses, including current flows, direction, and projected impacts. Hydraulic modeling studies are required for large scale, extensive dredging and/or disposal projects.
g. Biological assessment including migratory, seasonal, and spawning factors.
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DR-9.5.5 |
Dredging and dredge material disposal shall be done in a manner that avoids or minimizes significant ecological impacts and impacts, which cannot be avoided, shall be mitigated in a manner that assures no net loss of shoreline ecological functions. Analysis of proposed dredging or dredge disposal shall include but is not limited to a review of: |
a. Conformance with the no net loss standard for ecological processes and functions;
b. Potential damage to water quality, fish, shellfish, and other essential biological elements;
c. Adverse impacts to natural drainage and circulation patterns, and currents, impacts to properly functioning conditions for proposed, threatened or endangered species or the functions and values of critical areas;
d. Potential impacts to natural geohydraulic processes;
e. Interference of navigation or use or value of adjacent properties; and
f. Compliance with all requirements of applicable regulatory agencies.
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DR-9.5.6 |
Proposals for dredging and dredge spoil disposal, when permitted, shall: |
a. Be kept to the minimum necessary to accommodate the proposed use.
b. Include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities;
c. Be scheduled so as to not materially interfere with the migratory movements of anadromous fish;
d. Utilize techniques that cause minimum dispersal and broadcast of bottom material; hydraulic dredging shall be used wherever feasible in preference to agitation dredging;
e. Not interfere with geohydraulic processes;
f. Be found, through analysis by qualified personnel, to be minimally or nonpolluting; and
g. Meet all requirements of applicable regulatory agencies.
Additional Standards for Dredge Deposits/Disposal
In addition to the regulations above, dredge deposits/disposal shall comply with the following:
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DR-9.5.7 |
Dredged soil material may be disposed at approved upland sites. If these upland sites are dry lands and fall within shoreline jurisdiction, the disposal of dredge spoils shall be considered grading and must be consistent with all applicable provisions of this Master Program. If these upland sites are associated wetlands, then the disposal of dredge spoils shall be considered "landfill” and must be consistent with all applicable provisions of this Master Program. |
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DR-9.5.8 |
Water disposal may be permitted if suitable alternatives for land disposal are not available or are infeasible, or if water disposal is proposed and approved for habitat enhancement. |
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DR-9.5.9 |
When depositing dredge materials in water areas for ecological enhancement, the proposal shall: |
a. Result in habitat improvement; or
b. Correct problems of material distribution adversely affecting fish and shellfish resources; or
c. Enhance geohydraulic shore processes by beach feeding.
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DR-9.5.10 |
Dredge material disposal sites in water areas should be identified by the City in cooperation with the Washington State Departments of Natural Resources, and Fish and Wildlife. |
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DR-9.5.11 |
The City may impose reasonable limitations on dredge disposal operating periods and hours and may require provision for buffer strips at land disposal sites. |
9.6 Landfills
Landfill is the creation of or addition to the surface of the land by the filling, placement or depositing of sand, soil, or gravel, or other material on land covered by water, or in a wetland, marsh, bog, swamp, or similar water detention area. Landfill is normally done for, and in this Master Program must be associated with a specific purpose or use such development of a commercial site, construction of roadways or a jetty.
When backfill of bulkheads involves over one cubic yard per lineal foot shall be evaluated under both this section and Section 9.7 "Shore Stabilization Measures”. ." Dredging spoil disposal is regulated under Section 9.5, "Dredging."
Policies
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Policy 9.6.1 |
Prohibit speculative landfills, sanitary and solid waste landfills and landfills in critical areas, except when associated with an approved habitat enhancement/restoration project as provided for in this Master Program. |
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Policy 9.6.2 |
Utilize pier or pile supports in preference to landfills. |
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Policy 9.6.3 |
Allow landfills waterward of the ordinary high water mark, in those limited circumstances where permitted, only when necessary to facilitate water-dependent uses or ecological restoration projects that are consistent with this program and the City of Port Townsend Comprehensive Plans. Where feasible, public access to the shoreline and the water should be incorporated into the design. |
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Policy 9.6.4 |
Ensure that, where permitted, landfills: |
a. Are kept to the minimum necessary to provide for the proposed use.
b. Take present and future uses of the site and adjacent properties into consideration.
c. Are located, designed and constructed in a manner that does not significantly create a hazard to adjacent life or properties, nor damage shoreline resources, including water surface reduction, water quality, navigation, flow, current and circulation impediments, recreation, ecological values, and habitat impacts.
Development Regulations
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DR-9.6.1 |
Landfill waterward of the ordinary high-water mark may be permitted as a conditional use only if pile or pier supports are considered infeasible due to the intended use or environmental factors, and further, only when necessary to support: |
a. Water-dependent use permitted under this Master Program,
b. Public access,
c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan,
d. Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the department of natural resources,
e. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible,
f. In conjunction with a bridge, utility, or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist,
g. Mitigation action, environmental restoration, beach nourishment or enhancement project.
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DR-9.6.2 |
The following landfill activities shall be prohibited in shorelines jurisdiction: |
a. Landfill proposed on wetlands, marshes, bogs, swamps, or other ecologically sensitive areas, except for habitat enhancement as provided for in this Master Program.
b. Speculative landfill activity. (i.e., landfill shall be permitted only when tied to a specific development proposal that is permitted by the Master Program).
c. Sanitary landfills or the disposal of solid waste.
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DR-9.6.3 |
Applications for landfill projects shall include the following information: |
a. Proposed use of the landfill area.
b. Analysis of the physical, chemical, and biological characteristics of the fill material demonstrating that the fill is of such quality that significant water quality, ecological impacts, and public health problems would not occur from its placement.
c. Fill must meet all state standards, and an applicant must have approvals from appropriate regulatory agencies. Assessment of water quality impacts shall be included as an attachment.
d. Source of the landfill material.
e. Method of placement and compaction.
f. Location of the landfill relating to natural or existing drainage patterns.
g. Location of the perimeter of the landfill relating to the ordinary high water mark and critical areas.
h. Perimeter erosion control or stabilization means, and schedule for implementation.
i. Type of surfacing and run-off control and treatment devices.
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DR-9.6.4 |
Landfills shall be permitted only where it is demonstrated that: |
a. The project has been located, designed, and constructed in a manner that minimizes impacts to ecological processes and functions and where impacts cannot be avoided, mitigation is provided to achieve no net loss.
b. The fill is the minimum necessary to accomplish the proposed use.
c. Present and future uses of the site and adjacent properties have been taken into consideration and protected to the extent feasible, with preference for uses which are consistent with the Act and this Master Program.
d. Where existing public access will be reduced, equivalent public access has been provided on- or off-site as part of the project.
e. Fill material consists only of soil, sand, rock, or gravel. Fill material shall not contain junk, garbage, rubbish, contaminated soil, sewage or other potentially hazardous materials.
f. Placement of landfill will be timed so as to minimize damage to water quality and aquatic life.
g. The landfill has been designed, constructed, and shall be maintained to prevent, minimize, and control all material movement, erosion, and sedimentation from the affected area. Landfill perimeters shall be designed and constructed with silt curtains, vegetation, retaining walls, or other mechanisms to prevent material movement. In addition the sides of the landfill shall be appropriately sloped to prevent erosion and sedimentation, both during initial landfill activities and afterwards.
h. Landfills shall not adversely affect normal surface water drainage between adjacent properties.
9.7 Shoreline Stabilization Measures & Flood Protection Works
Shore stabilization works include actions taken to stabilize the shoreline, addressing erosion impacts to property and improvements caused by natural processes, such as current, flood, tides, wind, or wave action.
These actions include structural and nonstructural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, and/or planning and regulatory measures to avoid the need for structural stabilization.
Structural methods can be “hard” or “soft”. "Hard" structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. "Soft" structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach. Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions.
Structural shoreline stabilization methods also often result in vegetation removal and damage to near-shore habitat and shoreline corridors. The following methods of shoreline defense are organized from “soft” to “hard”. The use of “soft” methods is the preferred “best practices” choice (if non-structural methods cannot be used or are insufficient) when considering shoreline defense works.
"Soft"
• Vegetation enhancement;
• Upland drainage control;
• Bioengineering/biotechnical measures;
• Beach enhancement;
• Anchor trees; and
• Gravel enhancement.
"Hard"
• Rock revetments;
• Gabions;
• Groins;
• Retaining walls and bluff walls;
• Bulkheads; and
• Seawalls.
What constitutes normal repair and maintenance? As applied to shore defense works, "normal repair" and "normal maintenance" include the patching, sealing, or refinishing of existing structures, the replenishment of sand or other material that has been washed away, and the replacement of less than twenty percent (20%) of the structure. Normal maintenance and normal repair are limited to those actions that are typically done on a periodic basis. Construction that causes significant ecological impact is not considered normal maintenance and repair.
What constitutes replacement? As applied to shoreline defense works, "replacement" means the construction of a new structure to perform a shoreline stabilization function when an existing structure can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures are considered new structures under this Master Program.
What is required for additions to existing defense works? Additions to or increases in size of existing shoreline defense works shall be considered new structures.
Is there an exception for protecting a home? Pursuant to the Shoreline Management Act (RCW 90.58.100(6), measures to protect single-family residences occupied prior to January 1, 1992, are exempt from the requirement to obtain a shoreline substantial development permit.
However, a statement of exemption must be obtained from the City before constructing, adding to or substantially modifying these structures. The City will issue an exemption upon a finding that the structure is designed to minimize harm to the shoreline natural environment and that, to the extent feasible, the structure complies with the policies, prohibitions, and development standards of this Master Program. Mitigation may be required to meet the no net loss standard.
The following policies and regulations apply to all actions and developments that modify the shoreline for the purposes of preventing shore erosion or flooding.
Policies
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Policy 9.7.1 |
Strive to reduce or eliminate the need for structural shoreline modifications activities through application of appropriate land use designations, development standards, and public education. |
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Policy 9.7.2 |
Discourage new development requiring structural shoreline defense works. |
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Policy 9.7.3 |
Relocating existing structures out of harms way is preferable to construction of structural defense works. |
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Policy 9.7.4 |
Allow structural stabilization methods only: |
a. After it is demonstrated that nonstructural solutions would not be able to reduce the potential damage sufficiently, and
b. Where it has been demonstrated to be necessary to support or protect a new use consistent with this Master Program, a legally established, inhabited structure or ongoing shoreline use that is in danger of loss or substantial damage or when necessary for reconfiguration of the shoreline for hazardous substance remediation or restoration of ecological functions.
c. Structural stabilization will not be permitted for the indirect purpose of creating land by filling.
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Policy 9.7.5 |
Encourage soft stabilization and protection works, such as protective berms or vegetative stabilization over “hard” structural means such as concrete bulkheads or extensive revetments.
Furthermore, designs that do not interrupt net drift or migration of anadramous fish are preferred (for example, open poling construction is preferable to solid walls, and floating breakwaters are preferable to solid landfills). |
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Policy 9.7.6 |
Consider the effect that proposed shore defense works have on ecosystem-wide processes (e.g., sand movement) and functions (e.g., habitat). Make provisions to avoid and minimize impacts where feasible. Mitigation must be provided to achieve no net loss. |
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Policy 9.7.7 |
Give special attention to the effect these structures will have on aesthetic qualities of the shoreline, public access and use of the water. |
Development Regulations
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DR-9.7.1 |
Structural stabilization methods shall be permitted when necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. In all other cases, structural stabilization methods shall only be allowed when all of the following criteria are met: |
a. Relocation of existing structures, or implementation of nonstructural measures, such as placing the development even further from the shoreline, planting and or retaining vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
b. Structural stabilization has been demonstrated, through a geotechnical report, to be necessary to support or protect a legally established, inhabited structure or ongoing shoreline use that is in danger of loss or substantial damage.
c. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
d. The shoreline defense structure will avoid and minimize adverse impacts to the extent feasible, and where such impacts cannot be avoided, mitigation shall be provided to achieve no net loss.
e. The least intrusive (i.e., “softest”) method, sufficient to protect the shoreline use, has been proposed.
f. Structural stabilization is required as part of a hazardous substance remediation plan.
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DR-9.7.2 |
The City shall require and utilize the following information during its review of shoreline stabilization and flood protection proposals: |
a. Purpose of the project;
b. Documentation (including photos) of existing (pre- construction) shoreline characteristics;
c. Description of physical, geological, and/or soil characteristics of the area including existing and proposed slope profiles and location of ordinary high water mark;
d. Hydraulic characteristics of the water body within one-half (0.5) mile on each side of the proposed project;
e. Existing shoreline stabilization and flood protection devices within one-half (0.5) mile on each side of the proposed project;
f. Biological characteristics of the area including vegetation, fish and wildlife resources, and suitability of site to support forage fish spawning;
g. Construction materials including size, shape, quantity, plant types, and soil preparations;
h. Construction methods and timing;
i. Predicted impact upon area shore and hydraulic processes, ecological functions and values, public access, adjacent properties, and shoreline and water uses;
j. Consideration of alternative measures (including non- structural) to achieve the same purpose;
k. Competent technical assurance that the proposed shore defense structure will perform as designed;
l. Description of measures incorporated into the design to address aesthetics and public access; and
m. Evaluation, by a qualified coastal geologist and marine habitat biologist, of the cumulative effects of “hard” stabilization methods within the drift cell; and
n. A geotechnical report documenting the need for the proposed structure. For existing and new development, the geotechnical report must document the need to protect primary structures from damage due to erosion. Hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures.
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DR-9.7.3 |
Shoreline stabilization works, including revetments and bulkheads, shall be located, designed and constructed in such a manner that will: |
a. Minimize alterations of the natural shoreline and shoreline processes including sediment feeding of nearby beaches.
b. Minimize damage to ecological functions including wildlife, fish and shellfish habitats.
c. Provide for the long term multiple use of shoreline resources and public access to public shorelines. In the design of publicly financed or subsidized works, consideration should be given to providing pedestrian access to shorelines for low intensity outdoor recreation.
d. Blend with the surroundings and not distract from the aesthetic qualities of the shoreline.
e. Achieve the policy of “no net loss” of ecological functions necessary to sustain shoreline resources.
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DR-9.7.4 |
Use of scrap building materials, asphalt from street work, or any discarded materials, equipment or appliances for the stabilization of shorelines shall be prohibited except when the recycled materials are found to be functionally, environmentally, and aesthetically equivalent to new materials. |
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DR-9.7.5 |
Upon project completion, all disturbed shoreline areas shall be restored to as near pre-project configuration as possible and replanted with appropriate vegetation, with preference given to native plantings. All losses in nearshore/riparian vegetation or fish or wildlife habitat shall be mitigated at a minimum ratio of 1:1.25 (habitat lost to habitat replaced). |
Hard Stabilization Methods (e.g., revetments, bulkheads)
“Hard” stabilization methods are solid, static structures including rock revetments, gabions, concrete groins, retaining walls and bluff walls, bulkheads, and seawalls (definitions in Chapter 15). The two most common hard methods applied in Puget Sound are revetments and bulkheads.
A revetment is a sloped shoreline structure built to protect an existing eroding shoreline or newly placed fill against currents and wave action. Revetments are most commonly built of randomly placed boulders (riprap) but may also be built of sand cement bags, paving, or building blocks, gabions (rock filled wire baskets) or other systems and materials. The principal features of a revetment, regardless of type is a heavy armor layer, a filter layer, and toe protection.
Bulkheads are solid or open-pile walls usually constructed parallel to the shore whose primary purpose is to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are used to protect marine bluffs by retaining soil at the toe of the slope or by protecting the toe of the bank from erosion and undercutting. Bulkheads are typically constructed of poured-in-place concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations.
Additional Policies for Hard Stabilization Methods
In addition to the policies and regulations listed above, proposals for “hard” stabilization methods shall comply with the policies and regulations in this subsection.
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Policy 9.7.8 |
Evaluate the cumulative effect of allowing “hard” stabilization methods along the shoreline prior to permitting new “hard” structures. If it is determined that the cumulative effects cannot be mitigated, then exemptions and permits should not be granted unless denial would violate statutory or constitutional rights. |
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Policy 9.7.9 |
Do not permit “Hard” structures as a solution to geo-physical problems such as mass slope failure, sloughing, or landslides. Hard structures should only be approved for the purposes of preventing bank erosion. |
Additional Regulations for “Hard” Stabilization Structures
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DR-9.7.6 |
Proposals for hard stabilization structures must first demonstrate that use of natural materials and processes and non-structural solutions to bank stabilization are unworkable. |
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DR-9.7.7 |
Hard stabilization structures may be allowed only when evidence is presented which conclusively demonstrates that at least one of the following conditions exist: a. Erosion threatens a legally established use or existing building(s) on upland property: provided that all other alternative methods of shore protection have proven infeasible. b. Structural stabilization is necessary to the operation and location of a new, single-family home, or a water-dependent, water-related, or water-enjoyment use consistent with this Master Program; provided that all other alternative methods of shore protection have proven infeasible. c. Structural stabilization is necessary to retain a landfill that has been approved consistent with the provisions of this Master Program. d. Structural stabilization is a necessary component of a bridge or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist; or e. Structural stabilization is necessary as part of a habitat enhancement project. |
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DR-9.7.8 |
Bulkheads are to be permitted only where local physical conditions are suitable for such alterations. Factors to consider shall include but are not limited to foundation bearing materials and surface and subsurface drainage. |
Siting and Design for Soft Stabilization
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DR-9.7.9 |
Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. |
Siting and Design for Hard Stabilization
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DR-9.7.10 |
Bulkheads and revetments shall be located landward of the ordinary high water mark and generally parallel to the natural shoreline unless geotechnical evaluation demonstrates the necessity for alternative design. In addition: |
a. Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than six (6) feet from the toe of the bank.
b. A bulkhead for a permitted landfill shall be located at the toe of the fill.
c. Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties, except where the adjoining bulkheads extend waterward of the ordinary high water mark.
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DR-9.7.11 |
Replacement bulkheads may be permitted if there is a demonstrated need to protect primary uses or structures from erosion caused by currents, tidal action, or waves provided that: |
a. The replacement structure is designed, located, sized, and constructed to assure no net loss of ecological functions.
b. The replacement structure does not encroach waterward of the ordinary high-water mark or existing structure unless the residence was occupied prior to January 1, 1992 and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. Minor encroachment may be granted for resurfacing of existing structures in conformance with Washington State Department of Fish & Wildlife regulations.
c. The existing structure is removed unless doing so is found to be detrimental to ecological functions and values.
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DR-9.7.12 |
Bulkheads shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or design may be required for any proposed bulkhead if the Shoreline Administrator determines sufficient uncertainties exist. |
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DR-9.7.13 |
Bulkheads shall be designed for the minimum dimensions necessary to adequately protect the development. |
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DR-9.7.14 |
Bulkheads and revetments shall be designed to permit the passage of surface or groundwater without causing ponding or saturation of retained soil/materials. |
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DR-9.7.15 |
Adequate toe protection consisting of proper footings, a fines retention mesh, etc., shall be provided to ensure bulkhead stability without relying on additional riprap. |
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DR-9.7.16 |
Materials used in bulkhead construction shall meet the following standards: |
a. Bulkheads shall utilize stable, non-erodable, homogeneous materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat.
b. Shore materials shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off-site dredge and fill operation.
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DR-9.7.17 |
If hard stabilization methods are employed the following design criteria shall be met: |
a. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system;
b. Filter cloth must be used to aid drainage and help prevent settling;
c. The toe reinforcement or protection must be adequate to prevent a collapse of the system wave action; and
d. Fish habitat components shall be considered in the design subject to Hydraulic Project Approval by the Washington Department of Fish and Wildlife.
Public Access Provisions
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DR-9.7.18 |
When hard stabilization measures are required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design. |
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DR-9.7.19 |
Stairs or other permitted structures may be built into a hard stabilization structure but shall not extend waterward of it. |