Chapter 23.30 SHORELINE JURISDICTION AND AREA DESIGNATIONS

The provisions of this program shall apply to all shorelines of the state in unincorporated Whatcom County including all shorelines of statewide significance (Appendix D of this title) and all shorelands as defined in Chapter 23.110 WCC and collectively referred to herein as “shorelines.” For the purposes of this program, jurisdictional shorelines are divided into segments or reaches. Each segment is assigned one or more shoreline area designations pursuant to this chapter in order to provide for the management of use and development within shorelines. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.020 Official shoreline map.

A. Shoreline Area Designations. Shoreline area designations are delineated on a map, hereby incorporated as a part of this program (Appendix E of this title) that shall be known as the Official Shoreline Map. There shall be only one official copy of this map that shall reside in the custody of the Washington State Department of Ecology. Additional copies have been provided to the Whatcom County auditor and the Whatcom County planning and development services department where they are available for public use.

B. Shoreline Jurisdictional Limits. The purpose of the Official Shoreline Map is to identify shoreline area designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction nor does it identify associated wetlands. The lateral extent of the shoreline jurisdiction shall be determined on a case-by-case basis based on the location of the ordinary high water mark (OHWM), floodway and presence of associated wetlands; provided, that, exclusive of associated wetlands, the map identifies the lateral extent of shoreline jurisdiction on the Sumas River and the Mainstem, North Fork, Middle Fork and South Fork of the Nooksack River. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.021 Interpretation of shoreline area designation boundaries.

A. If disagreement develops as to the exact location of a shoreline area designation boundary line, the Official Shoreline Map shall prevail.

B. If disagreement develops as to the exact location of a shoreline area designation boundary line, the following rules shall apply:

1. Boundaries indicated as approximately following lot, tract, or section lines shall be so construed.

2. Boundaries indicated as approximately following roads or railways shall be respectively construed to follow their centerlines.

3. Boundaries indicated as approximately parallel to or extensions of features indicated in subsection (B)(1) or (2) of this section shall be so construed.

C. Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the administrator shall interpret the boundaries. Appeals of such interpretations may be filed pursuant to WCC 23.60.150(H).

D. All shoreline areas waterward of the OHWM shall be designated aquatic.

E. Upland shoreline area designations shall apply to shorelands.

F. Only one shoreline area designation shall apply to a given shoreland area. In the case of parallel designations, designations shall be divided along an identified linear feature. Such linear features shall be clearly noted in the metadata associated with the Official Shoreline Map.

G. All shorelines east of the Mount Baker National Forest western boundary are designated conservancy unless there are federal projects on federal lands.

H. All areas within shorelines that are not mapped and/or designated are automatically assigned a conservancy designation. Within urban growth areas, such shorelines shall be automatically assigned an urban conservancy designation until such time that the shoreline area can be re-designated through a formal amendment. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.022 Shoreline area designations.

A. A set of 10 shoreline area designations has been developed as a part of this program. The purpose of the shoreline area designations is to provide a systematic, rational, and equitable basis upon which to guide and regulate development within specific shoreline reaches.

B. Shoreline area designations have been determined after consideration of:

1. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and

2. Existing development patterns together with WCC Title 20, Zoning, designations, the County Comprehensive Plan designations and other officially adopted plans; and

3. Federal and tribal ownership status; and

4. The goals of Whatcom County citizens for their shorelines; and

5. Pursuant to RCW 90.58.100(4), in designating state-owned shorelines, consideration has been given to public demand for wilderness beaches, ecological study areas, and other recreational activities; and

6. Other state policies in the Act and the Shoreline Master Program Guidelines (RCW 90.58.020 and Chapter 173-26 WAC, respectively).

C. Development and use within each designated shoreline area shall occur consistent with this program, including but not limited to the purpose, criteria and policies described below, the general polices and regulations contained in Chapter 23.90 WCC, and the use policies and regulations provided in Chapter 23.100 WCC, subject to the provisions of the Whatcom County Zoning Code, WCC Title 20, and other applicable land use regulations where more restrictive. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.030 Urban shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.031 Urban shoreline area – Purpose.

The purpose of the urban shoreline area is to provide for intensive development of water-oriented commercial, transportation, and industrial uses and accommodate mixed use developments such as those consisting of urban density residential, commercial and industrial uses, while protecting existing shoreline ecological functions and processes and restoring shoreline ecological functions and/or processes in areas that have been previously degraded. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.032 Urban shoreline area – Designation criteria.

The urban shoreline area is applied to shoreline areas zoned commercial, industrial and urban density residential within urban growth areas and limited industrial or commercial areas of more intense rural development, if they:

A. Are currently characterized by high intensity development and/or uses; are designated by the Comprehensive Plan for high intensity uses or intensive uses related to commerce, transportation or navigation; or are suitable and planned for high intensity mixed use; and

B. Do not contain limitations to urban use such as geologic hazards, and have adequate utilities and access; and

C. Do not provide important ecological functions that would be significantly compromised by high intensity residential, commercial, or industrial use. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.033 Urban shoreline area – Policies.

Development within urban shoreline areas shall be consistent with the following policies:

A. New urban character development should be directed toward already developed or developing areas where compatible.

B. First priority should be given to water-dependent uses. Second priority should be given to water-related and then water-enjoyment uses. Non-water-oriented uses should not be allowed except as part of mixed use developments. Non-water-oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline, or where the needs of existing and future water-dependent uses are met. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.034 Urban shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Residential.

B. Water-oriented commercial, industrial and/or port development.

C. Water-oriented recreation.

D. Agricultural. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.035 Urban shoreline area – Conditional uses.

The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Non-water-oriented commercial, industrial and/or port development, subject to the criteria in WCC 23.100.050(B)(1)(d) and 23.100.070(B)(1) (c)(iv), respectively.

B. Dams, diversions and tailrace structures for hydroelectric power generation.

C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline.

E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.036 Urban shoreline area – Prohibited uses.

The following uses are prohibited:

A. Forest practices.

B. Surface mining. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.040 Urban resort shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.041 Urban resort shoreline area – Purpose.

The purpose of the urban resort shoreline area is to provide for intensive residential and commercial uses geared to the needs of tourists and day visitors while protecting existing shoreline ecological functions and processes. Emphasis is on hotels, motels, shops, restaurants, commercial rental campgrounds, rental cabins, and shoreline-related recreation facilities. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.042 Urban resort shoreline area – Designation criteria.

The urban resort shoreline area is applied to shoreline areas identified in the Comprehensive Plan as suitable for resort commercial development with substantial features that might reasonably attract resort development compatible with other development in the area, and which have existing and/or planned infrastructure sufficient to support such development. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.043 Urban resort shoreline area – Policies.

Development within urban resort shoreline areas shall be consistent with the following policies:

A. Scale and design of resort development should assure compatibility with allowed uses of adjacent shoreline areas and shoreline ecological functions and processes.

B. Buildings over 35 feet in height may be permitted if additional open space, view areas, public access and/or other amenities are provided. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.044 Urban resort shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Residential.

B. Water-oriented commercial.

C. Port development, limited to passenger terminals.

D. Water-oriented recreation. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.045 Urban resort shoreline area – Conditional uses.

The following may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Non-water-oriented commercial, subject to the criteria in WCC 23.100.050(B)(1)(d).

B. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

C. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline.

D. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.046 Urban resort shoreline area – Prohibited uses.

The following uses are prohibited:

A. Agricultural.

B. Forest practices.

C. Surface mining.

D. All other industrial and port development. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.050 Urban conservancy shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.051 Urban conservancy shoreline area – Purpose.

The purpose of the urban conservancy shoreline area is to protect shoreline ecological functions and processes in urban growth areas and limited areas of more intense rural development that are not designated for high intensity residential use and are not generally suitable for water-dependent uses. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.052 Urban conservancy shoreline area – Designation criteria.

The urban conservancy shoreline area is applied to shoreline areas inside urban growth areas where any of the following characteristics apply:

A. They support or retain important shoreline ecological functions and/or processes, even though partially developed.

B. They have the potential for development at an intensity and character that is compatible with preserving and restoring ecological functions. They are generally not designated for high intensity residential use, commercial use, or industrial use.

C. They are characterized by critical areas or indicate the presence of other valuable or sensitive ecological resources. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.053 Urban conservancy shoreline area – Policies.

Development within urban conservancy shoreline areas shall be consistent with the following policies:

A. Primary permitted uses should consist of low intensity residential uses or other low intensity uses that preserve the natural character of the area or promote preservation of open space and critical areas.

B. Moderate to high intensity residential use may be permitted if the proposed uses and design result in substantial open space, public access and/or restoration of shoreline ecological functions and/or processes, and if compatible with surrounding uses.

C. Public access and public recreation facilities are a preferred use if they will not cause substantial ecological impacts and when restoration of ecological functions is incorporated.

D. Low intensity commercial uses may be permitted if the specific uses and design result in substantial open space, public access and/or restoration of ecological functions and if compatible with surrounding uses. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.054 Urban conservancy shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Single-family and duplex residential.

B. Agricultural.

C. Low intensity recreation; provided, that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than 30 vehicles, and buildings for interpretive facilities not exceeding 4,000 square feet, subject to the criteria in WCC 23.100.100. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.055 Urban conservancy shoreline area – Conditional uses.

The following may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. All other residential development.

B. Low intensity water-oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities subject to the criteria in WCC 23.100.050. Low intensity non-water-oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities, subject to the criteria in WCC 23.100.050(B)(1)(d).

C. Dams, diversions and tailrace structures for hydroelectric power generation.

D. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

F. Sewage outfalls and treatment plants, over-water communication or power lines, fuel pipelines, or other types of hazardous materials pipelines, provided there is no feasible location outside of the shoreline. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.056 Urban conservancy shoreline area – Prohibited uses.

The following uses are prohibited:

A. Forest practices.

B. Surface mining.

C. All other industrial and port development.

D. Transportation facilities not serving a specific approved use. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.060 Shoreline residential area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.061 Shoreline residential area – Purpose.

The shoreline residential shoreline area accommodates residential development and accessory structures that are consistent with this chapter. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.062 Shoreline residential area – Designation criteria.

The shoreline residential shoreline area is applied to shorelines if they have been predominantly developed with single-family or multifamily residential uses or are planned and platted for residential development. The designation is generally applied to residential densities of greater than one unit per acre. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.063 Shoreline residential area – Polices.

Development within shoreline residential shoreline areas shall be consistent with the following policies:

A. The scale and density of new uses and development should be compatible with, and protect or enhance, the existing residential character of the area while sustaining shoreline ecological functions and processes.

B. Public or private outdoor recreation facilities should be encouraged if compatible with the character of the area. Preferred uses include water-dependent and water-enjoyment recreation facilities that provide opportunities for substantial numbers of people to access and enjoy the shoreline.

C. Commercial development should be limited to water-oriented uses. Non-water-oriented commercial uses may be permitted as part of mixed use developments where the primary use is residential; provided, that such uses should provide a substantial benefit with respect to the goals and policies of this program such as providing public access or restoring degraded shorelines. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.064 Shoreline residential area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Residential.

B. Water-oriented commercial.

C. Water-oriented recreation.

D. Agricultural. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.065 Shoreline residential area – Conditional uses.

The following may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Non-water-oriented commercial, subject to the criteria in WCC 23.100.050(B)(1)(d).

B. Dams, diversions and tailrace structures for hydroelectric power generation.

C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline.

23.30.066 Shoreline residential area – Prohibited uses.

The following uses are prohibited:

A. Forest practices.

B. Surface mining.

C. All other industrial and port development. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.070 Rural shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.071 Rural shoreline area – Purpose.

The purpose of the rural shoreline area is to protect shoreline ecological functions in areas having a rural character characterized by open space and low density development including, but not limited to: residences, agriculture, forestry and outdoor recreation. Uses should be compatible with the physical capabilities and limitations, natural resources and shoreline ecological functions and processes of the area. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.072 Rural shoreline area – Designation criteria.

The rural shoreline area is applied to shoreline areas outside urban growth areas, particularly areas designated as rural in the Whatcom County Comprehensive Plan, and includes areas:

A. Where the shoreline currently accommodates residential uses outside urban growth areas and is characterized by low density development, pasture, agriculture, woodlots, home occupations, and cottage industries. The distribution of rural land use is adjacent to agricultural, forestry, and urban land uses and often provides a transition between urban areas and commercial agriculture and forestry uses. Natural vegetative cover and topography have been altered in many rural areas, but substantial ecological functions, and/or the potential for restoration of ecological functions, are present.

B. That are now used or potentially usable for a mix of agriculture, forestry, and residential use.

C. Where residential development is or should be of low density, because of limitations by physical features, the presence of critical areas, and/or lack of utilities or access.

D. That have high recreational value or unique historic or cultural resources.

E. Where low intensity outdoor recreation use or development would be appropriate and compatible with other uses and the physical environment.

F. Where the shoreline has been developed with low intensity water-dependent uses. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.073 Rural shoreline area – Policies.

Development within rural shoreline areas shall be consistent with the following policies:

A. Uses in rural areas should protect or enhance the rural character of the shoreline and sustain the shoreline ecological functions and processes by limiting building density and height, and providing effective setbacks, buffers and open space.

B. Residential development consistent with the rural character of the area is permitted, provided it includes measures to protect ecological functions and processes. Related uses consistent with the rural character of the area are permitted.

C. Public or private outdoor recreation facilities should be encouraged if compatible with the rural character of the area and developed in a manner that maintains shoreline ecological functions and processes. Preferred uses include water-oriented recreation facilities that do not deplete shoreline resources over time, such as boating facilities, angling, wildlife viewing trails, and swimming beaches.

D. Industrial or commercial development should be limited to, water-oriented commercial and industrial uses in the limited locations where such uses have been established or at sites in rural communities that possess appropriate shoreline conditions and services sufficient to support such developments. Non-water-dependent uses should provide a substantial benefit with respect to the goals and policies of this program such as providing public access and/or restoring degraded shorelines.

E. Agriculture and forestry consistent with rural character and the maintenance of shoreline ecological functions and processes should be encouraged. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.074 Rural shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Residential.

B. Water-oriented commercial.

C. Water-oriented industrial and/or port development.

D. Water-oriented recreation.

E. Agricultural and forest practices. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.075 Rural shoreline area – Conditional uses.

The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Non-water-oriented commercial, industrial and/or port development, subject to the criteria in WCC 23.100.050(B)(1)(d) and 23.100.070(B)(1) (c)(iv), respectively.

B. Dams, diversions and tailrace structures for hydroelectric power generation.

C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline.

F. Surface mining. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.080 Resource shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.081 Resource shoreline area – Purpose.

The purpose of the resource shoreline area is to protect shoreline ecological functions and processes in areas designated in the Whatcom County Comprehensive Plan as agriculture resource lands, rural forestry, commercial forestry and mineral resource lands and to protect the economic base of those lands and limit incompatible uses. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.082 Resource shoreline area – Designation criteria.

The resource shoreline area is applied to shoreline areas designated as agriculture, rural forestry, commercial forestry and mineral resource lands in the Whatcom County Comprehensive Plan and includes areas where the shoreline currently accommodates ongoing resource management, where natural vegetation cover has been altered but substantial ecological functions, or the potential for restoring ecological functions, are present. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.083 Resource shoreline area – Policies.

Development within resource shoreline areas shall be consistent with the following policies:

A. Uses in resource areas should protect the economic base of those lands, limit incompatible uses, and sustain the shoreline area ecological processes and functions by limiting uses and intensity. Residential use is generally limited to one dwelling per existing parcel. The dwelling may be located within the shoreline jurisdiction, only where no other building site is feasible on the parcel.

B. Public or private outdoor recreation facilities should be permitted if they do not displace designated resource lands and if they are developed in a manner that maintains shoreline ecological functions. Preferred uses include water-dependent and water-enjoyment recreation facilities.

C. Industrial or commercial use and development should be limited to uses that serve resource uses. Such uses may be located within the shoreline only if they are water-dependent, water-related or if no other feasible location exists within the contiguous property. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.084 Resource shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Residential development limited to farm-related residences or one residence and one accessory dwelling unit per existing parcel, where there is no feasible location outside of the shoreline.

B. Water-oriented commercial related to natural resource products predominantly produced on site.

C. Water-oriented industrial facilities for processing, manufacturing, and storage of natural resource products.

D. Low intensity water-oriented recreation, including public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than 30 vehicles, subject to the criteria in WCC 23.100.100.

E. Agricultural and forest practices. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.085 Resource shoreline area – Conditional uses.

The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Non-water-oriented commercial and industrial development related to natural resource products predominantly produced on site, subject to the criteria in WCC 23.100.050(B)(1)(d) and 23.100.070(B)(1)(c)(iv), respectively.

B. Water-oriented industrial and port development other than those uses related to products predominantly produced on site.

C. Dams, diversions and tailrace structures for hydroelectric power generation.

D. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

E. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline.

F. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline.

G. Surface mining. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.086 Resource shoreline area – Prohibited uses.

The following uses are prohibited:

A. All other commercial development.

B. Other non-water-oriented industrial and port development. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.090 Conservancy shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.091 Conservancy shoreline area – Purpose.

The purpose of the conservancy shoreline area is to retain shoreline ecological functions in areas where important ecological processes have not been substantially degraded by human activities. Conservancy areas are designated outside of urban growth areas. The primary management goal is to preserve shoreline ecological functions and processes by avoiding forms of development that would be incompatible with existing functions and processes, as well as identify and focus restoration efforts in areas where benefits to overall functions and processes can be realized. This policy should be furthered by keeping overall intensity of development or use low, and by maintaining most of the area’s natural character. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.092 Conservancy shoreline area – Designation criteria.

The conservancy shoreline area is applied to shoreline areas outside urban growth areas that include areas:

A. Where development activities and uses are buffered from and do not substantially degrade ecological processes and functions.

B. Where ecological functions are more intact than in areas designated rural or resource.

C. Of outstanding scenic quality or other aesthetic qualities of high value to the region, which would likely be diminished unless development is strictly controlled.

D. Containing critical areas or other sensitive natural or cultural features that require more than normal restrictions on development and use.

E. Having the potential to influence ecological processes in a manner that will produce ecosystem-wide benefits upon restoration.

F. That contain valuable or sensitive natural or cultural features that preclude more than a low overall density of residents, recreation use, structures, or livestock, as well as extensive alterations to topography or other features.

G. Have recreational value to the region that would likely be diminished unless development is strictly controlled. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.093 Conservancy shoreline area – Policies.

Development within conservancy shoreline areas shall be consistent with the following policies:

A. Natural ecological processes should be protected and renewable resources managed so that ecological functions and the resource base are maintained. Nonrenewable resources should only be consumed in a manner compatible with conservation of other resources and other appropriate uses.

B. Permitted uses should be limited to those compatible with each other and with conservation of shoreline ecological processes and resources.

C. Shorelines should be protected from harmful concentrations of people, livestock, buildings, or structures.

D. Opportunities for ecological restoration should be pursued, prioritizing those areas with the greatest potential to restore ecosystem-wide processes and functions.

E. Outstanding recreational or scenic values should be protected from incompatible development. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.094 Conservancy shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Single-family and duplex residential development.

B. Low intensity water-oriented recreation; provided, that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than 30 vehicles, and buildings for interpretive facilities not exceeding 2,000 square feet, subject to the criteria in WCC 23.100.100.

C. Agricultural and forest practices. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.095 Conservancy shoreline area – Conditional uses.

The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. All other residential development.

B. Low intensity water-oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities. Low intensity non-water-oriented commercial uses limited to resort, bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use, subject to the criteria in WCC 23.100.050(B)(1)(d).

C. Dams, diversions and tailrace structures for hydroelectric power generation.

D. Institutional development and essential public facilities, where there is no feasible location outside the shoreline.

G. Surface mining. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.096 Conservancy shoreline area – Prohibited uses.

The following uses are prohibited:

A. All other industrial and port development.

B. Transportation facilities not serving a specific approved use. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.100 Natural shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.101 Natural shoreline area – Purpose.

The purpose of the natural shoreline area is to ensure long-term preservation of shorelines inside or outside urban growth areas that are ecologically intact. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.102 Natural shoreline area – Designation criteria.

The natural shoreline area is applied to shoreline areas where any of the following characteristics apply:

A. The majority of natural ecological shoreline functions and/or processes are retained, often evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, they include ecologically intact shorelines that are free of structural shoreline modifications, structures, and intensive human uses.

B. Forested areas that generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies.

C. Valuable functions are provided for the larger aquatic and terrestrial environments, which could be lost or significantly reduced by human development.

D. Ecosystems or geologic types that are of particular scientific and educational interest are represented.

E. Largely undisturbed areas of wetlands, estuaries, unstable bluffs, coastal dunes, and spits are present.

F. New development, extractive uses, or physical modifications cannot be supported without significant adverse impacts to ecological functions and/or processes or risk to human safety. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.103 Natural shoreline area – Policies.

Development within natural shoreline areas shall be consistent with the following policies:

A. Preservation of the area’s ecological functions, natural features and overall character must receive priority over any other potential use. Uses should not degrade shoreline ecological functions or processes or the natural character of the shoreline area. New development or significant vegetation removal that would reduce the capability of the shoreline to perform a full range of ecological functions or processes should not be permitted.

B. Private and/or public enjoyment of natural shoreline areas should be encouraged and facilitated through low intensity recreational, scientific, historical, cultural, and educational research uses; provided, that no significant ecological impact on the area will result.

C. Agricultural and forestry uses of a very low intensity nature may be consistent with the natural shoreline area when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation.

D. The following uses should not be permitted in the natural shoreline area:

1. Commercial uses.

2. Industrial uses.

3. Non-water-oriented recreation.

4. Roads, utility corridors, and parking areas that can be located outside of natural shoreline areas. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.104 Natural shoreline area – Permitted uses.

The following uses may be permitted subject to the applicable policies and regulations of this program:

A. Low intensity water-oriented recreation; provided, that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than 10 vehicles, and buildings for interpretive facilities not exceeding 500 square feet, subject to the criteria in WCC 23.100.100.

B. Low intensity agricultural. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.105 Natural shoreline area – Conditional uses.

The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program:

A. Single-family residential use and development is only permitted on existing lots of record and where there is no feasible location outside the shoreline. Further subdivision is not permitted.

B. Forest practices; provided, that it meets the conditions of the State Forest Practices Act and its implementing rules and is conducted in a manner consistent with the purpose of this environment designation. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.106 Natural shoreline area – Prohibited uses.

The following uses are prohibited:

A. All other residential.

B. Commercial.

C. Industrial and port development.

D. Non-water-oriented recreation.

E. Institutional.

F. Transportation facilities not serving a specific approved recreational development.

G. Utility development not serving a specific approved use.

H. Surface mining. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.110 Aquatic shoreline area.

(Ord. 2009-13 § 1 (Exh. 1)).

23.30.111 Aquatic shoreline area – Purpose.

The purpose of the aquatic shoreline area is to protect, restore, and manage the characteristics and resources of the areas waterward of the ordinary high water mark. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.112 Aquatic shoreline area – Designation criteria.

The aquatic shoreline area is defined as the area waterward of the ordinary high water mark of all streams, rivers, marine water bodies, and lakes, constituting shorelines of the state together with their underlying lands and their water column. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.113 Aquatic shoreline area – Policies.

Development within aquatic shoreline areas shall be consistent with the following policies:

A. New over-water structures should only be permitted for water-dependent uses, public access, or ecological restoration. The size of new over-water structures should be limited to the minimum necessary to support the structure’s intended use. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over-water facilities should be encouraged.

B. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration.

C. Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be permitted except where necessary to achieve the objectives of RCW 90.58.020, and then only when all potential impacts are mitigated as necessary to assure maintenance of shoreline ecological functions and processes.

D. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural conditions. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.114 Aquatic shoreline area – Permitted uses.

Permitted uses consist of the water-dependent uses permitted in abutting upland shoreline area designations, subject to the exceptions listed in WCC 23.30.116. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.115 Aquatic shoreline area – Conditional uses.

Conditional uses consist of those water-dependent conditional uses designated in abutting upland shoreline area designations. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.116 Aquatic shoreline area – Prohibited uses.

The following uses are prohibited:

A. Residential.

B. Non-water-dependent commercial, industrial and port development.

C. Institutional.

D. Agricultural. (Ord. 2009-13 § 1 (Exh. 1)).

23.30.120 Cherry Point management area.

The policies, regulations and standards, etc., applicable to the Cherry Point management area are found in WCC 23.100.170, except as otherwise specified therein. (Ord. 2009-13 § 1 (Exh. 1)).