    [From the U.S. Government Printing Office, www.gpo.gov]

    i
    SHORELINE
    MANAGEMENT

    MASTER PROGRAM
    FOR JEFFERSON COUNTY AND
    PORT TOWNSEND, WASHINGTON.
    :C-.E.
    a c~   HT
    d 393
    ~	.W2
    I	J43
    -	1981
    U

    *                                 ~~~~~~~~~~~ABSTRACT
    DRAFT JEFFERSON-PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAMI

    AUTHOR: Jefferson County and the City of Port Townsend

    I       ~~SUgJECT:  Management program for designated
    shorelines and associated wetlands
    of Jefferson County and the City of Port Townsend.

    DATE: June 1981
    DEPARTMIENT AND PARTICIPATING LOCALITIES: Washington State
    Department of Ecolgy,
    I      ~ ~Jefferson County Board of Commissioners, Port Townsend
    City Council, Jefferson-
    -Port Townsend Shoreline Management Advisory Commission,
    Jefferson County Plan-
    ning Department, and Port Townsend Shoreline Administrator
    I       ~~SOURCE OF COPIES:  Jefferson County Planning
    Department, County Courthouse; Port
    Townsend, Washington 98368 (206-385-1427)

    I       ~~PROJECT NUMBER:  G81-016B

    SERIES NUMBER: Second edition

    NUMBER OF PAGES: Sixty-five

    ABSTRACT: The draft Jefferson-Port Towynsend Shoreline Management Master
    Program
    is an update of the existing master program adopted in 1975. The
    update reflects
    legislative amendments to the Washington State Shoreline Management
    Act and
    current land use goals and policies of the City of Port Townsend and
    Jefferson
    I      ~ ~County.
    Several significant changes were made to the master program.
    The environ-
    mental designation "aquatic", which designates all water bodies and
    their
    respective water columns and underlying lands, was added.'
    Development and use
    activities were, in part, recategorized and then reclassified under
    .environmental
    designations in the form of a matrix chart. In order to implement
    the restora-
    tion goal of the Shoreline Management Act, a section was developed
    on the manage-
    ment of non-water dependent developments and uses. Other sections,
    including
    definitions, scope, administration, and variances, were clarified
    and updated.
    To complete the program, the environmental desigation map needs
    to be added.
    'Further review and clarifcation is intended.

    Pr*PertY of CSC Library'

    U. 8. DEPARTMENT OF
    COMMERCE NOAA
    COASTAL SERVICES
    CENTER
    2234 SOUTH HOBSON
    AVENUE
    CHARLESTON , SO
    29405-2413

    JEFFERSON-PORT TOWNSEND
    SHORELINE MANAGEMENT MASTER PROGRAM
    ,LJUNE:
    1981'
    The preparationof this report was financially aided through a grant
    from the
    Washington State Department of Ecology with funds obtained from the
    National
    Oceanic and Atmospheric Administration, and appropriated for Section
    306 of
    the Coastal Zone Management Act of 1972.

    TABLE OF
    CONTENTS
    PAGE
    SECTION 1
    1.10
    1.20
    1.30
    PURPOSES
    Findings
    Purposes
    Title
    I
    1
    3
    SECTION 2
    2.10
    2.20
    SECTION 3
    3.10
    3.20
    3.30
    3.40
    SECTION 4
    4.10
    4.20
    4.30
    4.40
    4.50
    SECTION 5
    5.10
    5.20
    5.30
    DEFINITIONS
    General
    Definitions
    SCOPE
    Geographic
    Jurisdiction
    Liberal Construction
    Applicability
    Exemptions
    4
    4
    15
    15
    16
    16
    SHORELINE DEVELOPMENTS AND USES
    Environmental Designations
    Application Classifications
    Policies and Performance Standards
    Unclassified
    Shorelines of State-wide
    Significance
    19
    21
    22
    47
    48
    NON-WATER DEPENDENT USES OR
    STRUCTURES
    Purpose
    Construction
    Reconstruction
    49
    49
    49
    SECTION 6
    6.10
    6.20
    6.30
    6.40
    6.50
    6.60
    ADMINISTRATION
    General
    Advisory Commission
    Planning Department
    City Administrator
    County Commissioners and City
    Council
    Application
    50
    50
    51
    52
    53
    SECTION 7
    7.10
    7.20
    SECTION 8
    8.10
    '8.20
    8.30
    8.40
    8.50
    SECTION 9
    9.10
    9.20
    VARIANCES
    General Variances
    Administrative
    Variances
    58
    59
    LEGAL PROVISIONS
    Violations and
    Penalties
    Appeals
    Severability
    Effective Date
    Adoption
    S
    60
    61
    62
    62
    62
    REVISIONS
    Program Revisions
    Permit Revisions
    64
    64

    _SECTION 1

    . PURPOSES

    Subsections
    1.10 'Findings
    1.20 -Purposes
    1.30 Title

    IJO Findings
    The Jefferson County Board of Commissioners and the Port Townsend
    City
    Council, Washington, find that:
    1.  The Washington State Shoreline Management Act of 1971 as a law of
    the State
    of Washington requires that counties and cities incur certain
    duties..
    obligations, and responsibilities with regard to implementation of
    the act.
    2.  Jefferson County and the'City of Port Townsend, through a jointly
    created
    and maintained shoreline management advisory commission, have
    performed the
    necessary prerequisites for the establishment of a master program
    such as
    preparing a shoreline inventory, delineating goals and policies,
    conducting
    extensive citizen informational and educational measures, and
    holding
    numerous public meetings and hearings.
    3.  The establishment of this master program will promote the public
    health,
    safety, and general welfare by serving as both a guide and
    regulation for
    the future development of the valuable shoreline resources of
    Jefferson
    County and the City of Port Townsend.

    1.20 Purposes
    The purposes of this master program are:
    1.' To carry out the responsiblities imposed on Jefferson County and the
    City
    of Port Townsend by the Washington State Shorelin~_ Management Act
    (R.C.W.
    90.58).
    2.  To promote the public health, safety, and general welfare by
    providing a
    guide and regulations'for the future development of the shoreline
    resources
    of Jefferson County and the City of Port Townsend.
    3.  To further, .by adoption, the policies-of R.C.W. 90.58, and the
    goals of
    this master program, both which hereafter follow.
    Policies
    The Washington State Legislature finds the shorelines of the state
    are
    among the most valuable and fragile of its natural resources and there
    is
    great concern throughout the state relating to their utilization,
    protection,
    restoration, and preservation. In addition, it finds that ever
    increasing
    pressures of additional uses are being placed onthe shorelines,
    necessitating
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    increased coordination in the management and development of the shorelines of
    the state. The legislature further finds that much of the shorelines of the
    state and the uplands adjacent thereto are in private ownership and that
    unrestricted construction on the privately owned or publicly owned shorelines
    of the state is not in the best public interest; therefore, coordinated plan-I
    nling is necessary in order to protect the public interest associated with the
    shorelines of the state which, at the same time, shall be consistent.with.
    public
    interest. There is, therefore, a clear and urgent demand for a planned,
    rational, and concerted effort, jointly performed'by federal, state, and localI
    governments, to prevent the inherent harm in an uncoordinated and piecemeal
    development of the state's shorelines.
    It is..the policy of the state to provide for the management of the shore-
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    lines of the state by planning for and fostering all reasonable and appropriate
    uses. This policy is designed to ensure the development of these shorelines in
    amanner which, while allowing for limited reduction of rights of the publicI
    in navigable waters, will promote and enhance the public interest. This policy
    contemplates protecting against adverse effects to the public health, the land.
    and its vegetation and wildlife, and the waters of the state and their aquatic

    ,life, while generally protecting public rights of navigation and corollaryU
    rights incidental thereto.
    The legislature declares the interest of all people shall be paramount in
    the management of thorelines of state-wide signficiance.  The Washington StateI
    Department of Ecology, in adopting guidelines for shorelines of state-wide
    significance, arid local government, in developing master programs for
    shorelines
    of state-wide significance, shall give preferences to use s in the followqingI
    order of preference, which are:
    1. Recognize and protect the state-wide interest over local interest.
    2. Preserve the natural character of the shoreline.
    3.  Result in long term over short term benefit.I
    4. Protect the resources and ecology of the shoreline.
    5. Increase public access to publicly owned areas of the shoreline.
    6.  Increase recreational opportunities for the public in the shoreline.I
    .7. Provide for any other element as defined under R.C.W. 90.58.100 deemed
    appropriate and necessary.
    In the implementation of this, policy,the public's opportunity to enjoyI
    the physical and aesthetic qualities of natural shorelines of the state shal
    be preserved to.the greatest extent feasible, consistent with the overall best
    interest of the state and the people generally. To this end, uses shall be
    preferred that are consistent with control of pollution and preventipn of
    damage to Ithe natural environment or are unique to or dependent on use of the'
    state's shorelines. Alterations of the natural condition of the shorelines
    of the state, in those limited instances when authorized, shall be givenI
    priority for single family residences, ports, parks, marinas, piers, and other
    improvements facilitiating public access to shorelines of the state, industrial
    and commercial developments that are particularly deoendent on their locationI
    or use of the shorelines of the state, and other development that will -provide.
    an opportunit,:- for substantial numbers of the people to enjoy the shorelines
    of the state.
    Permitted uses in the shorelines of the state shall be designed and
    conducted in a manner to minimize insofar as practical any resultant damage to
    the ecology and environment of the shoreline area and interference with the
    public 's use of the water.

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    Goals
    1.  Economic Development:  To encourage utilization of economic
    resources to
    improve the standard of living for residents of Jefferson County and
    the
    City of Port Townsend, at the same time assuring that such resource
    utilization is compatible with the conservation element.
    2.  Public Access:  To provide and maintain a balanced system of public
    access,
    Such a system would be designed to provide safe and adequate access
    to
    public shoreline recreational areas, while limiting to the minimum
    amount
    and kind of access to privately owned shorelines, beaches, and
    tidelands.
    A further specific objective of a balanced system is to help control
    access to fragile or critical areas as well as to those areas where
    service
    facilitates are not adequate to serve large numbers of people.
    3.  Circulation:  To recognize the importance of all types of
    circulatory
    systems to our region and to create and maintain a circulatory
    network
    capable of delivering people, goods, and services at the highest
    level of
    convenience, safety, reliability, and economy.  Yet we do not want
    unpleasant side effects so we wish to see the second'aiy effects of
    circula-
    .tory system developments are accounted for in the planning of such
    systems.
    Circulation planning must be compatible with land use planning.
    4. ReCreation: To seek and provide proper recreational opportunities for
    local people. To encourage the proper development of recreational
    sites
    for visitors and to assure the management of present sites in a
    manner
    that will maintain and preserve the very resources that have created
    the
    demand for their use.
    5.  Shoreline'Use:  To promote the best possible pattern of land and
    water
    uses, to assure a minimum of conflict between uses, to assure that
    individual uses are placed on sites appropriate to such uses, to
    assure
    that lands and waters of specific natures are available to uses that
    need
    such special types of lands and waters, to see that all of the uses
    needed
    by the region have a place, and to generally devise a pattern
    beneficial
    to the natural and human environments.
    6.  Conservation:  To conserve and enhance the natural
    resourcesincluding
    scenic vistas, estuaries, beaches, shorelines, fragile ecological
    areas,
    fish, wildlife, timber, and land, water, and air.
    7. HistoriCal and Cultural: To protect and restore areas and sites
    having
    historical, cultural, educational, or scientifical value.
    8.  Restoration:  To encourage development in areas that have been
    previously
    blighted or degraded so such areas may be renewed or restored to a
    natural
    or useful condition.

    1.30 Title
    This document shall be known and may be cited as the Jefferson-Port Town-
    send Shoreline Management Master Program.  This document may refer to itself
    as "this master program."
    3

    SECTION 2

    DEFINITIONS

    2.10	General
    2.20	Definitions

    2.10 General.
    When not inconsistent with the context, words used in the present tense
    shall include the future, the singular shall include the plural, and the
    plural
    shall include the singular.
    The word "shall" means the mandatory.  The word "should" means
    recommend,
    but not required.  The word "may" means permissive.

    2.20 Definitions
    For the purpose of this master program, certain words and terms shall be
    interpreted or defined as follows:
    1.  Accretion:   Slow addition of land by depositing of water-borne sediment
    through the net effect of wave action and longshore drift.

    --- -----------------------BERM
    LOW TIDE

    _ B~A~R  - ~ L�LIIL~~                    ~ Accretion

    2.	Act:  The Washington State Shoreline Management Act (R.C.W. 90.58).
    3.	Advertising:  Publicly displayed messages on signs, billboards, placards,
    or
    buildings whose purpose is to provide information or direction.
    4.  Agriculture:  The cultivation of soil, production of crops, or the
    raising
    of livestock.
    5.  Aquaculture:  The culture or farming of food fish, shellfish, or other
    aquatic plants and animals.
    6. Aquatic: All water bodies, including marine waters, lakes, rivers, and
    streams and their respective water columns and underlying lands, which
    are
    defined as shorelines of the state.
    7. Archaeology: The systematic recovery by scientific methods of material
    evi-
    dence remaining from man's life and culture in past ages, and the
    detailed
    study of this evidence.
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    8. Backshore: The storm tide wetted, but normally dry, area between the
    coast-
    line and the high tideline. It may be a narrow gravel berm below a
    seabluff
    or a broader complex of berms, marshes, meadows, or dunes landward of
    the
    high tide line.
    9. Barrier Beach: An accretional shoreform of sand and gravel that has
    been
    deposited by longshore drift, like storm barriers, in front of bluffs,
    bays,
    marshes, and estuaries.
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    7 1

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    � .  %,
    IN
    *N
    BLUFFBARRIER
    BEACI,
    BLUFF'BARRIER BEACt
    10. Bar:  Similar to spits and hooks, though generally not attached to the
    main-
    land during periods of high waiter.
    11. Beach: A relatively level land area contiguous with the sea and
    generally
    composed of sand, rock, or mud.
    12. Beach Feeding:  A process by which beach material is deposited at one
    or
    several locations in the updrift portion of a driftway. The material is
    then
    naturally transported by a.waves downdrift to stablize or restore
    eroding
    beaches and berms.
    13. Berms:  A linear mound of sand or gravel that is placed parallel to
    the shore
    at or above the ordinary high water mark.
    14. Boat Launch: A slab, pad, plank, rail, or graded slope used for
    launching
    boats by means of a trailer, hand, or mechanical device.
    15. Bog: A shallow water area, whi'ch may be filled;by sediffientation and
    the
    decaying of vegetation.
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    16. Boulder Zone: The technical name for a portion of any river or stream
    with
    a fixed stream pattern, a narrow valley cross section, a channel
    gradient of
    more than twenty-five feet per mile, and where streambed material is
    boulders
    and Cobbles.

    BOULDER ZONE

    17. Breakwater:  An offshore structure generally built parallel to the shore
    that may or may not be connected to land. Its primary purpose is to
    protect
    a harbor, moorage, or navigation activity from wave and wind action by
    creating a stillwater area along the shore.  A secondary purpose is to
    pro-
    tect the shoreline from wave-'caused erosion. Most breakwaters in the
    Pacific Coast are rip-rap mound construction. Several include ancillary
    sand
    by-passing operations.
    18. Bulkheads: A wall-like structure generally placed parallel to shore to
    retain
    an upland and fill prone to sliding or sheet erosion, and to protect an
    upland
    from erosion by water waves.  Bulkheads are normally lighter than
    seawalls and
    similar to structures termed "revetments."
    19. City:  The incorporated City of Port Townsend, State of Washington.
    20. Coastline: The highest landward line of long term marine water effect
    upon
    the land.
    21L Commercial: Uses and facilities that are involved in wholesale or retail
    -trade or business activities.
    22. Conditional Use:  That use that allows flexibility in administering this
    mas-
    ter program.- It is a class of use that is deemed least desira6l" with
    the
    definition and policy of a particular shoreline designation.
    23. Conservancy:  An area with vd1:uable natural, cultural, or historical
    resources
    or environmental conditions that should be protected, conserved, and
    managed
    to the extent that a continual supply of those resources such as soil,
    water,
    timber, fish, shellfish, or wildlife are not degraded or depleted but
    are
    maintained.
    24. County: Jefferson County, State of Washington.
    25. Creek:  A small stream, often a shallow or intermittent tributary to a
    river.
    Surface water run-off flowing in a natural or modified channel that is
    drawn
    by gravity to progressively lower levels and eventually to the sea.
    26. Development: A use consisting of the construction or exterior alteration
    of
    structures, dredging, drilling, dumping, filling, removal of any sand,
    gravel,
    6

    or minerals; bulkheading; driving of piling; placing of obstructions; or any
    project of a permanent or temporary nature that interferes with the
    normal
    public use of the surface of the waters or overlaying lands subject
    to the
    Shoreline Management Act'and this master program.
    27. Dike:  An artificial dirt or rock rip-rap bank that parallels a
    stream to
    retard erosion or prevent streambank overflow.
    28. Dock:  A structure built over or floating upon the water,used  as a
    landing
    place for marine transport or for commercial or recreational
    purposes.
    29. Dredging: The removal of earth, sand, gravel, silt, or debris from
    the
    bottom of a stream, river, lake, bay, or other water body.
    30. Driftway:  The foreshore area that connects a feeder bluff and its
    accretion
    shoreform where sand or gravel is deposited by net effect of wave
    action and
    longshore drift.

    DRIFTWAY
    31. Educational:  Of or relating to education.
    32. Erosion: The group of natural processes including weathering,
    dessolution,
    abrasion, corrosion, and transporting by which earthy or rock
    material is
    removed from,any part of the earth's surface.
    33. Estuary: That portion of a coastal stream influenced by the tide of
    marine
    waters into where it flows and where the seawater is dilluted with
    fresh
    water derived from:land drainage.
    34. Estuarine Zone:  The technical name for a portion of any river or
    stream
    with a branched stream pattern, 1. flat valley cress section, a
    channel
    gradient plus-or minus zero feet per mile, and a streambed material
    of silt
    or mud.

    ESTUARINE
    ZONE,

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    35. Extreme Low Tide: The lowest line on the land reached by a receeding
    tide.
    36. Feeder Bluff:, A shore or sea bluff whose eroding material is
    transported
    by longshore drift and provides the'building blocks and nourishment
    for
    spits, bars, hooks, and other accreting shoreforms.

    FEEDER BLUFF
    37. First Class Tideland': The beds-and shores of'navigable tidal waters
    lying
    within or in front of the corporate limits of any city, or within one
    mile
    thereof, upon either side and between the line of ordinary high tide
    and
    the inner harbor line, and within two miles of the corporate limits on
    either
    side and between the line of ordinary high tide and the line of extreme low
    tide.
    38.-Floats:  Something thatfloats, such as a raft, bouy, landing platform,
    pon-
    toon, etcetera.
    39. Flood Plain: A plain bordering a riVer subject to flooding.
    40. Floodway: Those portions of the area of a river valley lying
    streamward from
    the outer limits of a watercourse upon which flood waters are carried
    during
    periods of flooding that occur with reasonable regularity, although
    not
    necessarily annually; the floodway being identified under normal
    conditions
    8

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    by changes in surface soil conditions or changes in types or quality of
    vegetative ground cover conditions.  The floodway shall not include thoese
    lands that can reasonably be expected to be protected from flood waters by
    flood control devices maintained by or maintained under license from the
    federal government, the state, or a political subdivision of the state.
    41. Foreshore: The intertidal area between the high and low tide lines.
    42. Forestry: Methods used for the protection, production, harvesting, and
    transporting of timber resources.
    43. Gabion:   A mass of rock, rubble, or masonry tightly enclosed in wire mesh
    forming massive blocks that are used to form walls on beaches to prevent
    wave erosion or as foundations for breakwaters or jetties.
    44. Groin:: A wall-like structure extending seaward from and usually
    perpendic-
    ular to the shore into the intertidal zone.  Its purpose is to build or
    preserve an accretion beach on its updriftsideby trapping littoral
    drift.
    A groin is realtively narrow in width but varies greatly in length. A
    groin is sometimes built in series as a system and may be permeable
    or.,
    impermeable, high or low, and fixed or adjustable.
    45. Harbor Area: The area of navigable tidal waters as determined in
    Section 1
    of Article 15 of the Washington State Constitution, which shall be
    forever
    reserved for landings, wharves, streets, and other conveniences of
    naviga-
    tion and commerce.
    46. Historical:  Having considerable importance or influence in history;
    his-
    toric.
    47. Industrial:  Centers for water borne traffic  and associated
    manufacturina
    firms.
    48. Inner Harbor Line: A line located and established in navigable tidal
    waters
    between the line dfordinary high tide and the, outer harbor line and
    con-
    stituting the inner boundary of the harbor area.
    49. Island: A land mass completely surrounded by water.
    50. ~Jetty: A structure generally perpendicular.to the shore, extending
    through
    or past the intertidal zone.  Jetties are built singly or in pairs at a
    harbor
    entrance or river mouth mainly to prevent accretion from littoral drift
    in an
    entrance channel, which may or may not be dredged. Jetties also serve
    to
    protect channels from storm waves or cross currents and to stCblize
    inlets
    through barrier beaches. On the Pacific Coast, most jetties are of rip-
    rap,
    mound construction.
    51. Lake:  A body of standing water located inland, generally distinguished
    from
    marshes, bogs, and swamps by its greater depth.
    52. Landfill:  The creation of a dry upland area by deposting material into
    water
    or onto shorelines or we1tland areas.
    53. Marina:  A facility that provides launching, storage, supplies,
    moorage, and
    services for pleasure and commercial watercraft.
    54. Marsh: An area of low-lying, wet land; a fen, swamp, or bog.
    55. Master Program: The comprehensive management plan for a described
    shoreline
    and water surface area and the use regulations together with maps,
    diagrams,
    charts, or other descriptive material and text; a statement of desired
    goals
    and standards developed in accordance with the policies enunciated
    R.C.W
    90.58.020 and guidelines of W.A.C. 173-14 and 173-16.
    55. Mininq:  The removal of naturally occuring  rock. sand. gravel, and minerals
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    from the earth.
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    56. Natural: A shoreline possessing unique or fragile features, either
    natural
    or cultural, which are totally or essentially unaltered from their
    natural
    state or which are relatively intolerant of'human use other than for
    passive
    historical, scientific, cultural, archaeological, or educational
    activity.
    57. Offshore:  The sloping subtidal area seaward from the low tide line.
    58. Offshore Moorage Device:: An offshore deviceanchored or otherwise
    attached to
    the sea bottom used to moor watercraft.
    59. Ordinary HighWater:  That mark on all lakes, streams, and tidal waters
    that
    will be found byexamining thebed and banks and ascertaining where the
    presence and action of waters are so common and usual, and so long
    continued
    in all ordinary years, as to mark upon the soil a character distinct
    from
    that of the abutting upland in respect to vegetation as that condition
    exists
    on June 1, 1981, or as it may naturally change thereafter; provided
    that in
    any area where the ordinary high water mark cannot be found, the
    ordinary
    high water mark adjoining salt water shall be the line of mean higher
    high
    tide,-andthe ordinary high water mark adjoining fresh water shall be
    the
    line'of mean high water.
    60. Outer HarborLine:  A line located and established in navigable waters
    as
    provided in Section 1 of Article 15 of the Washington State
    Constitution,
    beyond which the state shall never sell or lease any rights
    whatsoever.
    61. Parking Facility:  An area providing for the storage of motor
    vehicles,
    including vista parking facilities.
    62. Pastoral Zone:  The technical name for a portion of any river or
    stream with
    a winding or sinuous stream pattern; a broad, rather flat valley cross
    sec-
    tion; a channel gradient of less than five feet per mile; and where
    streambed
    material is sand and silt.

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    -            PASTORA- ZONE- -----
    PASTORAL ZONE

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    Permit:  A permit to conduct substantial development as defined by
    R.C.W.
    90.58.030(3)(e) and this master program.
    Person:  An individual, firm, partnership, corporation, association,
    organi-
    azation, cooperative, public municipal corporation, state or local
    govern-
    mental agency, or any non-federal entity however designated.

    :10
    53

    54

    I

    65. Point:  A low profile beach promontory, generally of
    triangular shape whose
    apex extends seaward.

    *, E'. BLUFF

    /      ,    BACKSHORE

    POINT
    66. Primary Use:  A use that is deemed preferable with the
    definition and policy
    of a particular shoreline designation.
    67. Recreational:  Facilities such as parks, trails and
    pathways, campgrounds,
    and swim rafts that provide a means for relaxation, play,
    or amusement.
    68. Residence:  The place in which one lives; a dwelling.  The
    term residence
    shall include such common appurtenant structures as garage,
    carport, patio,
     access road, shed, workshop, and verandawhen constructed above
    the high
    water line.
    69. Residential:  The development of land and/or the
    construction or erection of
    dwelling units for the purpose of residential occupancy.
    70. River:  A large natural stream of water emptying into an
    ocean, lake, or
    other body of water, and usually fed along its-course by
    converging tribu-
    taries.
    71. Scientific:  Of, relating to, or used in science.
    72. Seawall:  A lake bulkhead, except its primary purpose is to
    artificially
    armour the shore from erosion by water waves and it may
    incidentially retain
    uplands or fills.  Seawalls are usually more massive than
    bulkheads or
    -revetments because they are designed to resist the full
    force of waves.
    73.- Second Class Shoreland:  Land bordering on the shore of a
    navigable lake or
    river not subject to tidal flow, between the line of
    ordinary high water
    and the line of navigability and within or in front of the
    corporate limits
    of any city or-within two miles thereof upon either side.
    I
    74. Second Class Tideland: Land over which the tide ebbs and
    flows outside and
    more than two miles from the corporate limits of any city
    from the line of
    ordinary high tide to the line of extreme low tide.
    75. Secondary Use: A use which is not automatically deemed
    preferable with the
    definition and policy of a particular shoreline
    designation.
    76. Shore Defense Work:  Structures or modifications for the
    purpose of retarding
    shore erosion from wave or current action, protecting
    channels and harbors
    from wave action, encouraging deposition of beach
    materials, preventing stream-
    bank overflow, and retaining uplands.  They may consist of
    bulkheads, seawalls,	9
    dikes, revetments, breakwaters, jetties, groins, or
    gabions.  Defense works	-
    are commonly constructed from quarry rock (i.e. rip-rap),
    treated wood, con-
    crete, steel, and sand and gravel.

    11                                                                                I
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    77. Shoreline Management Act:  A law passed by the Washington State
    Legislature
    in 1971 and ratified. by the voters- that year; referenced as R.C.W.
    90.58.
    76. Shoreline Management Advisory Commission: The Jefferson-Port Townsend
    Shore-
    line Management Advisory Commission re-established pursuant to the
    master
    program.
    79. Shoreline:  All of the water area of Jefferson County, including
    reservoirs,
    and their associated wetlands, together with lands underlying them,
    except:
    a.	Shorelines of state-wide significance; and
    b.	Shorelines or segments of streams upstream of a point where the
    mean
    annual flow is twenty cubic feet per second or less and the
    wetlands
    associated with such upstream segments; and
    c.  Shorelines on lakes less then twenty acres in size and wetlands
    associ-
    ated with such small lakes.
    80. Shoreline of State-wide Significance: A shoreline of the state with
    respect
    to Jefferson County and the City of Port Townsend as identified as
    follows:
    a.  Those lakes, whether natural, artificial, or a combination thereof,
    with
    a surface acreage of one thousand acres or more measured at the
    ordinary
    high water mark, including associated wetlands; and
    b.  Those areas of Puget Sound and adjacent salt waters and the Strait
    of
    tJuan de Fuca between the ordinary high water mark and the line of
    extreme
    low tide, which'are Hood Canal from-Tala Point to Foulweather Bluff
    south to the Mason-Jefferson County line, including associated
    wetlands;
    and
    c.  Those areas of Puget Sound and the Strait of Juan de Fuca and
    adjacent
    salt waters north to the Canadian line and lying seaward from the line
    of extreme low tide; and
    d.  Those natural rivers or segments thereof downstream'from a point
    where
    the mean annual flow is measured at one thousand cubic feet per
    second
    or more.  In Jefferson County these rivers are:  the Clearwater
    River
    (from the confluence of the river and an unanmed creek within Sect-
    ion 25,
    Township 26 North, Range 10 West, W.M. downstream, excluding
    federal
    lands, to the Quinault Indian Reservation within Section 29,
    Township 24
    North, Range 10 West, W.M.); the Hoh River (from the Olympic
    National
    Park boundary within Section 29, Township 27 North, Range 10 West,
    W.M.
    downstream to the  Hoh Indian Reservation within Section 20,
    Township 26
    North, Range 13 West, W.M.); and the Quinault River (from the east
    sec-
    tion line of Section 33, Township 24 North, Range 8 West, W.M.
    downstream
    to the Hoh Indian Reservation within Section 20, Township 27 North,
    Range 13 West, W.M.). These-shall include any associated wetlands.
    81; Spit:  A narrow point of land extending into a body of water.
    I
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    k
    \
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    SPIT         12'

    82. Stream:  A body of running water; especially such a body moving
    over the
    earth's surface in a channel or bed, as a brook, rivulet,
    or river.
    83. Substantial 'Development:  Any development of which:
    a.	The total cost or fair market value exceeds $1,000; or
    b.	Materially interferes with the natural shoreline
    process; or
    c.	Materially interferes with the normal public useof
    the"water or shoreline
    of the state.
    84. Suburban:  Areas where residential activity may approach
    urban density, but
    usually where densities permit space for small numbers of
    livestock, gardens,
    or woodlots.  These area are served by individual or
    community water supplies,
    but generally are not linked with utilities from an urban
    center. Commercial
    activities to serve the needs of the immediate area are
    considered an integral
    part of this designation.
    85. Swamp: A lowland region saturated with water.
    86. Tombolo: A causeway-like accretion spit connecting an
    offshore rock or island
    with the main shore.

    L.-
    I

    OCK

    TOMBOLO
    87. Transportation Facility:   A passageway for motorized
    vehicles or trains,
    .including bit not limited to such devices as bridges,
    trestles, ramps, or
    culverts.
    88. Upland:	The higher parts of a region or tract of land.
    89. Urban:	An area of high intensity land use, including
    residential,, commercial,
    and industrial development. This does not necessarily
    include all shorelines
    within an incorporated city, but is particularly suited to
    those areas planned
    to accommodate urban expansion.
    90. Utility: :A service or facility that produces, transmits,
    stores, processes,
    or disposes of electric power, gas, water, sewage,
    communications, oil, and
    the like.
    91. Vegatative Stabilization: PIanting of water-loving land
    vegetation upon shore-
    line banks, slopes, or berms to retain soil and retard
    erosion from surface
    run-off; planting of aquatic vegetation offshore to reduce
    wave action and
    retain bottom materials; and utilizing temporary structures
    or netting to
    enable plants to establish in unstable areas.

    13
    :  .      :
    :~~~~~~~~~~~~~

    92. Waste Disposal: Refuse composed of garbage, rubbish, ashes,
    dead animals,
    demolation waste, automobile parts,' and similar material.
    93. Water Dependent: A use that is dependent on the water by
    reason of the
    intrinsic nature of its operation and can exist only on
    or'near the water.
    U         ~~~Exampleseof such are:  vessel terminals;
    watercraft transfer facilities;
    moorage facilities; aquaculture fa'rms; and public
    waterfront accesses,
    parks, and beaches.
    94. Waterway:  A river, channel, canal, or other navigable body
    of water used for
    travel or transport.
    95. Wet_and_ That land extending landward for two hundred feet in
    all directions
    asmeasured on a horizontal plane from the ordinary high
    water mark; flood-
    ways and contiguous flood plain areas landward two hunidred
    feet from such
    *          ~~~floodways;-and all marshes, bogs, swamps, and river
    deltas associated with
    streams, lakes, and tidal waters -th-at are subject to the
    provisions of the.
    Washington State Shoreline Management Act ,the same
    designated as to lo0ca-
    tion by the Washington State Department of Ecology.

    I~~~~~~~~~~~~~~~~~~1

    I
    MARINE
    SHORE PROCESS CORRIDOR
    SUB-TIDAL AREA    - INTER-TIDAL AREA    I
    OFF  I NEAR            ESHE I	ACKH
    SHORE I SHORE             I	BACKSHORE
    I
    UPLAND
    I

    III	I
    I:
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    year) . I
    . .
    ~~~~~~~~~~~~~~~~~~I
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    r--        ~~~~~--__ I
    / Coastline
    OHWM
    (frd
    I

    /  IPlus any Adjacent I
    Natural Wetlands i
    /        200 SMAC
    iN    Land Jurisdiction Area
    I
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    .I

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    :

    Tidelands
    I
    /1
    I
    LEGEND

    HT - Hlghest Tide	iextreme highest tide
    MHHW- Mean Highe	Hlrjh Water
    OHWM- Ordinary High Water Mark
    MHW- Mean High Water
    MSL- Mean Sea Level
    MLW- Mean Low Water
    MLLW -Mean Lower Low Water
    ELT- Extreme Low Tide
    *Shoreline Management Act
    I
    MARINE SHORE COMPONENTJ
    I
    I

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    I
    STREAM
    SHORE - PROCESS CORRIDOR
    Fr-
    I FLOOD PLAIN                        I
    I
    UPLAND
    FLOODWAY
    FLOODWAY                FRINGE

    I       I
    THALWEG
    CHANNEL
    STREAMWAY
    I

    I .
    1
    I I I
    I

    I

    Thread of the-Strfam
    I I
    oft
    t
    tn .a proporty llne on non navigable stram I
    I i
    a
    I
    I
    ~I .
    STREAM SHORE COMPONENTS

    ..... SECTION 3

    SCOPE

    Subsections
    3.10 Geographic Jurisdiction
    3.20	Liberal Construction
    3.30	Applicability
    3.40	Exemptions

    3.10 Geographic Jurisdiction
    This master program shall apply to all the lands and waters in
    Jefferson
    County and the City of Port Townsend that are under the jurisdiction of
    Shore-
    ]ine Management Act.
    There is hereby made a part of this master program a map that shall
    be
    officialy known as the shoreZine designation map, but which for the
    purpose of
    brevity shall'be referred to as "the map." There shall be only one
    official: cpy
    of this map-that shall reside in the custody of the Jefferson County
    Planning
    Department. There may be unofficial copies of the map prepared for
    administra-
    tive purposes (see Appendix "B").  It shall be the responsibility of the
    Jeffer-
    son County Planning Department to keep the map current and in a readable
    condi-
    tion.
    Inasmuch as the map is an inseparable part of this master program, no
    part
    of the map may be altered or revised except on approval of the Washington
    State
    Department of Ecology as provided under R.C.W. 90.58.190.
    The map will show the areas of Jefferson County and the City of Port
    Town-
    send that are under the jurisdiction of this master program. Further, the
    map
    will show the shoreline designations as they affect the various lands and
    waters
    of Jefferson County and the City of Port Townsend.
    � Where uncertainty or conflict may occur in the exact location of a a
    juris-
    dictional boundary line, the official designations of the Washington State
    Department of Ecology shall be used. Where uncertainty or conflict may
    occur in
    the exact location'of a shoreline designation boundary line, the written
    descrip-
    tions of the boundaries shall be used (see Appendix "A").

    3.20 Liberal Construction
    As provided under R.C.W. 90.58.900, the Shoreline Management Act is
    exempted
    from.the rule of strict construction; the act and this master program
    shall,
    therefore, be liberally construed to give full effect to the purposes,
    goals,
    policies, and standards for which the act and this master program were
    enacted.
    On the other hand, exemptions from the act or master program are to be
    narrowly
    construed.
    15

    3.30 Applicability
    3.301  Persons
    This master program shall apply to every person,
    individual, firm, partner-          |
    ship, association, organization, corporation, local or state
    government agency,
    public or municipal corporation, or other non-federal entity
    that develops, owns,
    leases, or administers lands, wetlands, or waters subject to
    this master program.
    3.302 Federal Agencies
    1.  Federal agencies shall not be required to obtain permits
    for developments
    undertaken by the federal government on lands owned in fee
    by the federal
    government unless the federal government grants or reserves
    to the state or
    local government substantial jurisdiction over activities
    on those lands.
    2.  The substantial development permit system shall apply to
    non-federal activ-
    ities constituting developments undertaken on lands subject
    to non-federal
    ownership, lease, or easement, even though such lands may
    fall within the
    external boundaries of federal ownership.
    3.  The substanital development permit system shall apply to
    developments under-
    taken on lands not federally owned but under lease,
    easement, license, or
    other similar federal property rights short of fee
    ownership to the federal
    government.
    4.  Federal agency actions shall be consistent with the
    approved Washington
    State Coastal Zone Management Program subject to certain limitations
    set
    forth in the Federal Coastal Zone Management Act (16 U.S.C.
    1451 et.seq.)
    and regulations adopted pursuant thereto.
    3.303  Development
    I
    This master program, including its definitions, purposes,
    goals, policies,
    and performance standards shall apply to all development as
    defined under
    Subsection 2.401(26) of this master program.
    3.304  Substantial Development
    I
    This master program, including its definitions, purposes,
    goals, policies,
    and performance standards, shall apply to all substantial
    development that is
    within in whole or in part wetlands and shorelines as defined
    under Subsection
    2.40(83) of this master program.
    Further, all substantial development within the scope of
    this master pro-           X
    gram shall obtain a shoreline management substantial
    development permit from
    Jefferson County or the City of Port Townsend in full
    compliance with the
    requirements of R.C.W. 90.58, appropriate provisions of W.A.C.'
    173-14, and
    this master program, with the exception of those substantial
    developments                 I
    consistent with Subsection 3.40 of this master program.

    3.40 Exemptions
    3.401 'Official Exemptiol
    Whenever a substantial development is eligible for
    exemotion under Sub-
    section 3.402 of this master program, the proponent shall
    secure a letter from

    16
    :  .
    0~~~~~~~

    the Jefferson County Planning Department exempting the development from
    the
    substantial, development  permit requirements of Subsection 3.40. of this
    master
    program.  (NOTE:  Exemption from the substantial development permit
    req,,,ire-
    ments does not exempt aproposeddevelopment from compliance with the
    appIicable
    policies and standards of this master program, or other applicable
    federal,
    state, and local permit or license requirements.)
    3.402  ExempOtions from Permit R6q'iirements
    Those substantial developments that do not require issuance of a
    shoreline
    management substantial development permit are as follows:
    1.  Thosel1wfuIlyestablished prior to the effective date of R.C.W. 90.58,
    which was June 1, 1981.
    2.  Those ongoing developments established after the effective date of
    the
    Shoreline Management Act that have already obtained permits-in full
    compli-
    ance with R.C.W. 90.58 and related rules adopted thereafter, pursuant
    to
    W.A.C. 173-14.)
    3. Construction by an owner, lessee, or contract purchaser of a single
    family
    residence for an owners use or family use; providedthe residence (a)
    does
    not exceed a height of thirty-five (35) feet above average grade
    level,
    (b) does not involve over-water construction, and (c) meets all
    require-
    ments of the state imposed pursuant to this master program. The term
    residence Shall include such common appurtenant structures as garage,
    car-
    port, 'patiio,. access road, shed, workshop, and veranda, when
    constructed
    above the high water line.
    4. Normal maintenance or repair of existing lawful structures or
    developments,
    including damage by accident, fire, or elements.
    5. Replacement of existing development that has been damaged by accident,
    fire,
    or elements; provided (a) the new development is essentially the same
    as the
    original in location size, design, function, and use, and (b) the new
    devel-
    opment is not subject to the provisions of Section 5 of this master
    program.
    6. Construction of the normal protective bulkhead common to a single
    family
    residence; provided the bulkhead is in substantial alignment with the
    ordinary high water mark;
    7. Emergency construction necessary to protect property from damage by
    the
    elements.
    8. Construction of a barn or simlar agricultural structure on wetlands.
    Con-
    struction and practices normal or necessary for farming, irrigation,
    and
    ranching activities, including agricultural service roads and
    utilities on
    wetlands,andthe construction and maintenance of irrigation
    structures,
    including but not limited to head gates, pumping. facilities, and
    irriga-
    tion channels; provided a feedlot of any size, all processing plants,
    other
    activities of a commercial nature, and alteration of the contour of
    the
    wetlands by leveling or filling other than that which results from
    normal
    cultivation shall not be considered normal or necessary farming or
    ranching
    activities. A feedlot shall be an enclosure or facility used or
    capable
    of being used for feeding livestock, hay, grain, silage, or other
    livestock
    feed, butshall not include land for growing crops or vegetation for
    live-
    stock feeding and/or grazing, nor shall it include normal livestock
    winter-
    ing operations.
    9. ConstrUction or modification of navigational aids such as channel
    markers.
    (NOTE: This does not include recreational mooring bouys.)
    17

    !

    10. Construction of a new dock designed for pleasure craft only for the
    private
    noncommercial use of the owner,  lessee, or contract purchaser of a
    single
    family residence when the cost of fair market value, whichever is
    lower,
    does not exceed two thousand five hundred dollars ($2,500).
    11. Operation, maintenance, or construction of canals, waterways,
    drains,I
    reservoirs, or other facilities that now exist or are hereafter
    created or
    developed as a part of an irrigation system for the primary purpose
    of
    making use of system waters, including return flow and artifically
    stored
    ground water from the irrigation of lands.
    12 The marking of property lines or corners on state owned lands, when
    such
    marking does not significantly interfere with normal public use of
    the               I
    surface of the water.
    13. Operation and maintenance of any system of dikes, ditches, drains,
    or other
    facilities existing on September 8, 1981 (the effective date of an
    amendment
    to R.C.W. 90.58), which were created, developed, or utilized
    primarily as a
    part of an agricultural drainage or diking system.
    14. Any project with a certification from the governor pursuant to
    R.C.W. 80.50.
    15. The construction of up to five hundred (500) feet of one and only
    one road
    or segment of a road; provided such road does not enter the
    shoreline more
    than once. Such exemption from the permit requirements shall be
    limited to
    a single road or road segment for each forest practice, and such
    road con-
    struction shall be subject to the requirements of R.C.W. 76.09 and
    regula-
    tions adopted pursuant thereto and totheprohibitions or restrictions
    of
    this master program.  Nothingin this exemption shall add to or
    diminish the
    authority of the Shoreline Management Act regarding road
    construction except
    as specifically provided herein. The provisions of this exemption
    shall not
    relate to any road that crosses over or through a stream, lake, or
    other
    water body subject to R.C.W. 90.58.
    I
    I
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    I

    I
    II
    SHORELINE MANAGEMEAT
    SHORELINES OF THE STATE -0 58 030 JC)
    (THE SUM OF SHORELINES & SHORE OF S'iATWIDE SIGNIFICANCE)

    UPLAND  C-SIGNATION
    b
    I

    I
    I
    I
    I.#
    AQUATIC: DESIGNJATION.

    -  I

    Irm ~~~E.LT'o
    cO&'1-
    I
    i   SHORE LINES OF STATEWIDE SIGNIFICANCE_-%
    oo.58.030 (2)(0)(iii) I

    --HOOD CANAL 0.58.030 (2)(.)(C)-- -
    k             o200 Ft.
    WETLANDS
    90.58.030(t)

    II
    *lncludoe Stroams WIth 20 C.F.S. Flow And Lakes 2OAcreo And As&Wciated Wotlandi

    SECTION 4

    SHORELINE DEVELOPMENTS AND USES

    4.10 Environmental Designations
    4.20 Application Classifications
    4.30  Policies and Performance Standards
    4.40 Unclassified
    4.50  Shorelines of State-wide. Significance

    410 Designations
    The shorelines of Jefferson County, including the City of Port
    Townsend's
    shorelines, are intrinsically different. They have been designated into
    five
    categories to provide a uniform and equitable basis to guide and
    evaluate
    development proposals that take place among the different shoreline
    areas.
    These five shoreline designations are explained below and are
    graphic-
    ally sortrayed on the shoreline designation map (see Appendix "B"). The
    upland
    shoreline designations (i.e. urban, suburban, conservancy, and natural)
    include
    wetlands as defined in this master program, extending to the extreme low
    tide
    level. In some instances the upland may contain duel shoreline
    designations.
    These limited instances occur where the area normally considered upland
    may
    accommodate more intense activity than the shoreline proper. The
    designation
    for all water bodies (i.e. aquatic) includes all shorelines of the state
    as
    defined in this master program.  There isan intentional overlapping of
    the
    upland and aquatic designations between the ordinary high water mark and
    the
    extreme low tide. This overlap will require consideration of the
    associated
    upland and aquatic designation together during permit review.
    4:101 Aquatic Environmental Designation
    Definition
    All water bodies, including marine waters, lakes, rivers, and
    streams.
    and their respective water columns and underlying lands, wh'icb are
    defined as
    shorelines of the state.
    Policy
    To protect the aquatic environment by managing appropriate use
    activities
    allowing either multiple use or single dominant uses in areas of unique
    condi-
    tions, while recognizing and assuring campatibility with adjacent upland
    shore-
    line designations.
    19

    4.102 Conservancy Environmental Designation
    Definition
    An area with valuable natural, cultural, or historical resources
    orI
    environmental conditions that should be protected, conserved, and
    managed to
    the extent that a continual supply of those resources such as soil,
    water,
    timber, fish, shellfish, or wildlife are not degraded or depleted but
    areI
    maintained.

    Po2licy
    To protect, conserve, and manage existing resources and valuable
    histori-
    cal-and cultural areasinorder to ensure a sustained resource
    utilization.
    4.103 Natural Enviornmental Designation
    Definition*1
    A shoreline possessing unique or fragile features, either natural or
    cultural, which are totally or-essentially unaltered from their natural
    state,
    or which are relatively intolerant of human use other than for passive
    histori-
    cal, scientifical, cultural, or educational activity.
    PblicyI
    To preserve, maintain, or restore such a shoreline as a natural
    resource
    .relatively free from human influence and to discourage or prohibit
    thoseI
    activities that might destroy or degrade the natural characteristics
    that make
    these shorelines unique and valuable..

    4.104 Suburbah Environmental Designation
    DefinitionI
    Areas where residential activity may approach urban density, but
    usually
    where densities permit space for small numbers of livestock, gardens, or
    wood-
    lots.  These areas are served by individual or community water supplies,
    butI
    generally are not linked with utilities from an urban center..
    Commefcial activ-
    ities to serve the needs of the immediate area are considered an
    integral part
    of this designation.
    Policy
    To provide permanent residential and recreational areas outside of
    urbanI
    areas, so long as development of these areas provide adequate facilities
    for
    sewage disposal, water supply, open space, and the like without severe
    degrada-
    tion to the lifestyle .th&t was sought initially.

    20

    4.105 Urban Environmental
    Designation
    Definition
    An area of high intensity land use, including residential,
    commercial, and
    industrial development. This designation does not necessarily include all
    shorelines within an incorporated city,-but is particularly suited to
    those
    areas planned to accommodate urban expansion.
    'Policy
    To ensure optimum utilization of shorelines occuring within urbanized
    areas by providing for  intensive. public use and by managing development
    so it
    enhances and maintains the shorelines for a multiplicity of urban uses,
    while
    protecting insofar as practicable the quality of the shoreline
    environment.

    4.20 Application Classifications
    Development proposals that may choose to locate along the shoreline
    are
    categorized within each shoreline designation as primary, secondary, or
    condi-
    tional uses. This priority system determines the proposals administrative
    requirements and encourages activities that are compatible with each
    shoreline,
    designation.
    During application review, the basic element or intent of a proposed
    devel-
    opment will guide in the determination of the proposal's particular use
    activity.
    When a proposal contains two or more use activities within a shoreline
    designa-
    tion, the least preferred category will be applied in permit
    administration.
    In the review of a shoreline substantial development project,
    consideration
    will be given to the cummulative impact the project may have with similar
    use
    activities. This review is to ensure that the resulting total effect will
    not
    thwart the intent and policies of the particular shoreline environmental
    desig-
    nation, nor result in substantial degradation of the shoreline itself.
    4.106  Primary Use
    Definition
    Those uses that are deemed as being preferable with the definitjon
    and4,s
    poal cy ,cf :apa,ti,culaar.shoreline .desiqnation7.p:; .
    Criteria
    Applicants for substantial development permits will have no burden of
    proof
    regarding appropriateness of a primary use.  A primary use must, however,
    comply
    with the performance standards specified for the particular type of
    development
    being reviewed.
    21

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    ~

    ENViRONMENTAL DESIGNATIONS           urban  ! suburban  cornsavancy   natural    aquatic

    C
    ADVERTtSING
    on-premise
    off-premise
    S
    S
    S
    C
    C
    C
    C
    C
    AGRICULTURE                         S          S            P            C -         o
    AQUACULTURE
    farming
    harvesting
    processing
    BOAT LAUNCHES                       P          P            S            C          -
    COMMtERCIAL
    water dependent	P	S	S	C
    non-water dependent	S	S	C	C           C
    DOCKS, PIERS, AND FLOATS	P	S	S	C
    DREDGING
    maintenance
    original
    FOREST MANAGEMENT                   P          P            P            C           o
    INDUSTRIAL
    water dependent	P	S	S	C	-
    non-water dependent	S	C	C.	C	C
    LANDFILL AND DREDGE DISPOSAL	S	S	C	C	C
    MARINAS	P	S	C	C	-
    MINING	C.	C	C	C
    OFFSHORE MOORAGE DEVICES	S	P	P	C
    PARKING FACILITIES
    vista	S	P	P	C	.C
    non-vista	S	S	C	C	C
    RECREATIONAL
    campgrounds	C	S	S	C	o
    parks	P	P	S	C	oP
    swim floats	S	P	S	C,
    trails and pathways	P	P	P	S
    RESIDENTIAL
    single family developments	S	P	S	C           �
    multi-family developments	p	p	C	C
    SCIENTIFIC, ARCHAEOLOGICAL,
    HISTORICAL, AND EDUCATIONAL	P	P	P	S
    SHORE DEFENSE WORKS	S	S	S	C	C
    TRANSPORTATION FACILITIES	P	S	C	C	C
    UTILITIES	P	S	C	C	C.

    1~~

    m
    : :  .

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    *' -
    i - 1I

    z

    I-

    a
    lu
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    wi

    t
    WASTE DISPOSAL
      - C
    C.
    C
    C
     C  CCNDITIONAL
    r - PRIMARY
    S - SECONDARY
    I
    ,
    o - NOT APPLICABLE
    - - - SAES AS lUPLAD

    4.107 Secondary
    Use
     Definition
    Those uses that are not automatically deemed as being preferable with
    the
    definition and policies of'a particular shoreline designation.

    Criteria
    Applicants for substantial development permits for secondary uses
    will have
    the burden of proof to demonstrate that:
    1.  The proposed use will not be contrary to the general intent, purposes,
    goals,
    or policies of this master program.
    2.  The use will not be contrary to the definition and policies expressed
    for the
    particular shoreline designation where it is located.
    3.  The use will not necessari'ly interfere with public use of publicly
    owned land
    or private use of adjacent private land.
    4.  The use will cause no unnecessary adverse effects on the environme&.;
    or
    other uses, and will be compatible with other permitted uses within
    the area.
    5.  Location, design, construction, and operation of the proposed use will
    comply
    with the performance standards specified for that type of.development.
    4.1Q08  Conditional Use

    Definition
    A conditional use 'is that which allows flexibility in administering
    the
    regulations of this master program.  It is a class of uses that are deemed
    least
    desirable tith the defini'tion and" policies of a particular shorel.ine
    designa-

    'Criteria
    Applicants for substantial development permits for conditional uses
    will'
    have the burden of proof to demonstrate that:
    1.' The proposed use complied with Items 1 through 5 of secondary use
    above.
    2. Denial of the permit would result in a thwarting of the policies
    enumerated
    in R.C.W. 90.58.020.
    3.	The public interest suffers no substantial detrimental affect.'
    4.	For unclassified uses, extraordinary circumstances preclude reasonable
    use
    of the property in a manner consistent with the policies and standards
    of
    this master program.

    4.30 Policies and Performance Standards
    The final guidelines (W.A.C. 173-16) established a format,including
    topics
    and broad definitions,for a number of potential developments and uses that
    could take place in the shoreline environment. The function of this
    section is
    to establish policies and performance standards for those activities. All
    shoreline developments, substantial developments, and uses are required to
    comply with these policies and standards when conducted within the
    geographic
    jurisdiction of this master program. This section, through the
    administration
    22

    of shoreline substantial development permit applications,
    implements the goals
    and policies of R.C.W-. 90.58 and this master program, as well
    as the definition-
    and policies of each shoroline environmental designation.
    Although a proposed development appears to comply with the
    provisions of
    this master program, specific conditions, which ensure such
    compliance, may beI
    attached as a condition of permit approval.
    The performance standards contained herein are intended to
    augment stan-
    dards established through other land development regulations or
    stipulations.I
    Where conflicts arise between these and other applicable
    controls, the more
    stringent standard shall appl'y.

    4.301  Advertising1
    Definition
    Publicly displayed messages on signs, billboards, placards,
    or buildings
    whose-purpose is to provide information or direction.
    Policies
    1. Off-premise outdoor advertising signs should be'limited to
    areas of high'
    intensity land use such as commercial and industrial areas.
    2. Outdoor advertising, signs, and billboards should be in
    conformance with
    the standards of Jefferson County and City of Port Townsend.
    3.  Vistas and viewpoints should not be degraded and visual
    access to the water            I
    from such vistas should not be impaired by tho placement of
    signs.
    4. Outdoor advertising signs should be located on the upland
    side of publ-ic
    transportation routes that parallel and are adjacent to
    rivers and waterI
    bodies, unless it can be demonstrated that viewrs will not
    be substantially
    obstru cted-
    5.. Artificial lighting for s.igns or security shall be directed
    or beamed away
    from the water, public street, or adjacent property as to
    not cause glare
    or reflection that may constitute a hazard or nuisance.
    Performance StandardsI
    1. -Recognized.or~ officially delineated vistas or viewpoints
    shall be kept free
    of unnecessary signs.
    2. Off-premise-outdoor advertising signs and billboards are not
    p'eemitted in
    the two hundred foot shoreline jurisdictional area.
    3.  On-premise advertising signs shall be constructed against or
    painted onI
    buildings to minimize visual or access obstruction of the
    shoreline.
    4. On-premise signs shall not extend in heightbeyond the highest
    exter-ior
    wall of the building to wihich the sign relates.- Sings
    shall be erected
    upon the roofs of structures.

    5.  Artificial lighting for signs shall be directed or beamed
    away from the
    water, public street, or adjacent premises as to not cause
    glare o'r reflec-
    tion that may constitute,a traffic or boating hazard or
    nuisance.I
    6. Neon signs are not permitted in the shoreline area.. No sign
    or part
    thereof shall consist of banners, posters, streamers,
    spinners, or other
    similar moving devices.I
    7. No signs shall be constructed or operated in a manner that
    obscures or
    detracts from the effectiveness of navigational aids.
    23

    4.302
    Agriculture
    Definition
    The cultivation of soil, production of crops, or the raising of
    livestock.
    Policies
    1. Soils that are well suited for agriculture, resource production, and
    open
    space.should be protected for these areas.
    2. Erosion control measures should conform to guidelines and standards
    estab-
    lished by the U.S. Soil Conservation Service and the U.S. Department
    of
    Agriculture.
    3. Buffer zones of permanent vegetation should be encouraged between
    tilled
    areas and associated water bodies in order to retard surface run-off,
    reduce siltation, and promote valuable shade for fish habitats.
    4.  Vegetative cover in areas subject to frequent flooding should be
    encour-
    aged.
    5.  Pesticides should be used, handled, and disposed in accordance with
    provi-
    sions of the Washington Pesticide Application Act (R.C.W. 17.21) and-
    the
    Washington Pesticide Act (R.C.W. 15.57) to prevent contamination and
    sanitation problems.
    6. Livestock waste should be disposed in a manner that will prevent
    surface
    or ground water pollution.
    7.  Commercial feedlots should be restricted from locating on Shorelines
    unless
    they can satisfactorily demonstrate no adverse environmental effects.
    Performance Standards
    1.  Erosion control measures shall conform to guidelines and standards
    estab-
    lished by the U.S. Soil Conservation Service and the U.S. Department
    of
    Agriculture.
    2.  Pesticides shall be used, handled, and disposed in accordance with
    provisions
    of the Washington Pesticide Application Act (R.C.W. 17.21) and the
    Washing-
    ton Pesticide Act (R.C.W. 15.57) to prevent contamination and
    sanitation
    problems.
    3.  Livestock waste shall be disposed in a manner that will prevent
    surface or
    ground water contamination.
    4.  Feedlots, corrals, stockyards, or facilities for the retention Dr
    storage of
    wastes from these areas are prohibited unless it can satisfactorily be
    -demonstrated that no adverse environmental effects will result from
    such
    uses.
    5.  Watering for livestock along creeks, streams, rivers, and lakes shall
    demonstrate that:
    a. No other feasible watering method is available;
    b. Adequate provisions are made to ensure existing water quality, and
    c. Adequate provisions are made to prevent erosion of soils and
    destruction
    of vegetation.
    6. Easements for fishing, hunting, and pedestrian pathways shall be
    established
    when practicable.
    7.  Buffer zones or permanent vegetation shall be established and/or
    maintained
    24

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    between tilled or grazed areas and associated water bodies to retard
    sur-
    face run-off, reduce siltation, and promote valuable shade for fish
    and
    habitat or other wildlife.
    4.303 Aquaculture
    Definition
    The culture or farming of food fish, shellfish, or other aquatic
    plants
    and animals.
    Policies
    1.  Aquacultural. enterprises should be located in areas that are
    particularly
    suited to that activity with due consideration to other uses of those
    waters.
    2. Recognition should be given to the possible detrimental impact
    aquacultural
    development might have on the general aesthetic quality of the
    shoreline
    area.
    3.  As aquaculture technology expands with  increased knowledge and
    experience,
    emphasis should be placed on structures that do not interfere with
    naviga-
    tion or impair the aesthetic quality of the state's shorelines.
    Performance Standards
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    1.  Aquacultural activities shall be located as to provide reasonable
    naviga-
    tional access to waterfront property owners.
    2.  Aquacultural structures shall be placed, when practicable, as to
    minimize
    interference with surface navigation.
    3.  Aquacultural development shall be designed and constructed to
    harmonize
    insofar as possible with the local environment, and shall be
    maintained in
    a neat and orderly manner.
    4.  Aquacultural development shall make reasonable provisions to control
    nuisance factors such as excessive noise or odor.
    5o- Aquacultural wastes shall be-disposed in a manner that will prevent
    degrada-
    tion of associated upland, wetland, shoreline, or water environments.
    6.  Structures or activities associated with aquaculture that is not
    shoreline
    dependent shall be located inland, away from the shoreline proper,-
    when
    practicable.
    7.  Equipment, structures, and material shall not be abandoned in the
    shore-
    line or.wetland area.
    8. Aquacultural facilities or structures that are hazards to navigation
    shall
    be suitably marked.
    9.  Special precautionary measures shall be taken to minimize the risk
    of oil
    or other toxic materials from entering the water or shoreline area.
    4.30V- BOat
    Launches
    Definition
    Slabs, pads, planks, rails, or graded slopes used for launching
    boats by
    means of a trailer, hand, or mechanical device.
    25
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    Policies
    1. Boat launches should be installed in such a manner as to minimize
    adverse
    effects on natural and physical shoreline resources.
    2. Boat launches should be installed as to not unnecessarily interfere
    with
    the rights of adjacent property owners, nor with adjacent water uses.
    3. Public boat launches should be located with regard to anticipated
    future
    needs of the region.
    Performance Standards
    1.  Boat launches shall be located with regard to favorable conditions
    related
    to wind, current, and bathymetrics.
    2. Boat launches and ancillary facilities shall be located, designed,
    con-
    structed, and operated asto minimize adverse effects on fish,
    shellfish,
    wildlife, water quality, and existing geohydraulic shoreline and
    stream
    processes.
    3.  Adequate off-road parking and loading areas shall be provided.
    4. Parking and loading areas shall be located away from the immediate
    water's
    edge and beaches.
    5.  Design of parking and loading areas shall assure that surface run-off
    does
    not pollute adjacent waters or cause soil or beach erosion.
    6. Ample room for the handling and maneuvering of boat trailers shall be made
    available at the launch site.
    7.  Provisions shall be made as to facilitate orderly launching and
    retrieval
    of boats, as well as the movement of vehicles and trailers in the
    launching
    area.
    8. Boat launches shall be located, designed, constructed, and operated to
    not Unnecessarily interfere with the rights of adjacent property
    owners, nor
    interfere with adjacent water uses.
    9. Boat launches shall provide adequate on-shore sewage and waste
    disposal
    facilities and a means for effective operation.
    10. Boat launches shall be clearly separated from nearby swimming areas.
    11. Docks and floats associated with boat lauhces shall conform with the
    applicable policies and performance standards of this master program.
    5.305 Commercial
    Definition
    Uses and facilities that are involved in wholesale or retail trade
    or
    business activities.
    Policies
    1.  Priority should be given to those commercial developments that are
    particu-
    larly dependent on shoreline locations.
    2.  Commercial developments not requiring shoreline locations shall be
    located
    upland.
    3.  An assessment should be made of the effect a commercial structure
    will have
    on a scenic view significant to a given area or enjoyed by a
    significant
    number of people.
    26

    4.  Parking facilities should be placed inland away from the
    immediate water's           I
    edge and recreational beaches.
    5.  Location of commercial activities should be consistent with
    local plans,
    codes, and ordinances.
    6.  Adequate parking facilities should be designed commensurate
    with the level
    of the commercial activity.
    7.  Water dependent commercial is preferable to non-water
    dependent commercial
    in the shoreline area.
    Performance'Standards
    -
    1.  New commercial developments shall locate adjacent to
    existing commercial
    developments whenever practicable.
    2.  Commercial developments shall not interfere with the
    enjoyment of adjacent
    recreational or residential uses.
    3.  Commercial parking and loading areas shall be located away
    from the immedi-
    ate water's edge and beaches.
    4.  Design of parking and loading areas shall assure that
    surface run-off does
    not pollute adjacent water or cause soil or beach erosion.
    5.  Outdoor advertising and signs shall comply with applicable
    policies and
    performance standards of this master program.
    6.  Water supply and waste disposal facilities shall comply with
    established
    guidelines, standards, and regulations.
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    7.  New or expanded structures shall not extend more than
    thirty-five feet in
    height above average grade level when such development will
    obstruct the
    view of a substantial number' of adjacent residences or
    properties.
    8.  Parking facilities shall be designed to accommodate the
    level of the                 I
    anticipated commercial activity.
    5.306  Docks,-Piers, and Floats
    ,      7 ;  ''   ''Definition   ,
    A structure built over or floating upon the water, used as a
    landing place
    for marine transport or for commercial or recreational purposes.
    Policies
    I
    1.  The type, de'sign, and location of docks and piers should be
    compatible with
    the shoreline area  wher -they  are  located.   Consideration
    should be given
    to shoreline characteristics, tidal action, aesthetics,
    adjacent land and
    water uses, and the like.
    2.  Priority should be given to the use of community piers and
    docks in all new
    major waterfront subdivisions.  In general, encouragement
    should be given
    to the cooperative use of piers and docks.
    3.  The problem of the proliferation of single-purpose private
    piers should be
    addressed, and criteria should be established for their
    location, spacing,
    and length.
    4.  In permitting boat docking facilities, Jefferson County and
    the City of Port
    Townsend should consider the capacity of the shoreline sites
    to absorb the
    impact of waste discharges from boats, including gas and oil
    spillage.

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    Performance Standards
    1. Piers and docks shall be located and designed in a manner that does
    not
    interfere with geohydraulic shoreline processes.
    2.  The location and design of docks and piers, as well as the subsequent
    use
    shall minimize adverse effects on fish, shellfish, wildlife, and water
    quality.
    3.  Docks and piers shall be located, designed, and operated to not
    unneces-
    sarily interfere with rights of adjacent property owners, nor
    interfere
    with adjacent water uses.
    4. As a general rule, docks and piers shall not exceed:
    a.  A length greater than the average length of existing docks or
    piers of
    abutting property owners; and
    b.  A length necessary to serve the deepest craft vessel expected to
    use
    the dock facility.
    5.  A jointly-used dock or pier that regularly serves more than four
    boats
    shall comply with performance standards for marinas in this master
    program.
    This requirement shall not, however, apply to commercial or industrial
    docks or piers that are used for the sole purpose of loading or
    unloading
    commodities.
    6.  Commercial and industrial docks and piers shall make provisions for
    the
    orderly, safe, and efficient movement of vehicles and pedestrians in
    the
    dock area.
    7.  Commercial and industrial docks where .toxic or flamable materials
    are
    handled or stored shall make adequate provisions to minimize the
    probability
    of spills. Provisions shall be made to handle accidental spills that
    do
    occur.
    8. Public docks or piers used for fishing or similar purposes shall make
    ade-
    quate provisions for parking and sewage and solid waste disposal.
    9. All docks, piers, floats, and similar devices shall be so marked as to
    prevent a hazard to navigation at any time during the day or night.
    10. No dock, pier, float, or similar device shall be used for residential
    purposes.
    11. Enclosed structures shall not be built on non-commercial docks and
    piers.
    12. Mooring floats shall be designed in such a manner as to lessen impact
    on
    the beach substrate and geohydraulic processes.
    5.307  Dredging
    Definition
    The removal of earth, sand, gravel, silt, or debris from the bottom
    of a
    stream, river, lake, bay, or other water body.
    POlicies
    1.  Dredging should be controlled as to minimize damage to existing
    ecological
    values and natural resources 6f both the area to be dredged and the
    area for
    deposit of dredged materials.
    2. Long range plans should be developed for the deposit and use of spoils
    on
    land. Spoil deposit sites in water areas should also be identified by
    local
    government in cooperation with the Washington State Departments of
    Natural
    Resources, Game,:and Fisheries.
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    3. Sewiage treatment, water reclamation, desalinization, and power plants
    should
    be-located where they do not interfere with and are compatible with
    recrea-
    tional, residential or other public uses of the water and shorelands.
    Waste
    treatment ponds for water related industry should occupy as little
    shoreline
    as possible.
    4. The cooperative use of docking, parking, cargo handling, and storage
    facili-
    ties should be strongly encouraged in waterfront industrial areas.
    5. Land transportation and utility corridors serving ports and water-related
    industry should follow the guidelines provided under the sections
    dealing
    with utilities and road and railroad design and construction. Where
    feasible, transportation and utlity corridors shou'l-dbe located upland
    to
    reduce.pressures for the use of waterfront signs.
    6. Since industrial docks and piers are often longer and greater in bulk
    than
    recreational and residential piers, careful planning must be undertaken
    to
    reduce the adverse impact of such facilities on other water dependent
    uses and shoreline resources.
    7. Because heavy industrial activities are associated with industrial piers
    and
    docks, the location of these facilities must be considered a major
    factor
    in determining the environmental compatibility of such facilities.
    Performance Standards
    1. Only shoreline dependent industry shall be permitted on shoreline
    locations.
    The only exception to this rule shall be when other shoreline oriented
    indus-
    try tan clearly demonstrate that no other site location is practicable.
    2. Industrial development shall be located, designed, constructed, and
    operated
    in such a manner as to minimize adverse effects on aquatic life.
    3. Industrial developments shall comply with all federal, state, regional,
    and
    local requirements regarding air and water quality. No pollution of air
    by
    fly-ash, dust, vapors, odors, smoke, or other substances shall be
    permitted
    that are harmful to health, animals, vegetation, or other property, or
    which
    can cause excessive soiling.
    4. Industrial and port facilities shall be located, designed, constructed,
    and
    operated as to minimize unnecessary interference with the rights of
    adjacent
    -property owners, as well as adjacent shoreline or water uses.
    5., Industrial and port facilities shall not duplicate,but share overwater
    struc-
    tures such as docks and-piers whenever practicable. Any actiVity
    involving
    the use or storage of flamable or explosive materials shall be protected
    by
    adequate fire-fighting and fire prevention equipment and by such',safety
    devices as are normally used in the handling of any such material. Such
    hazards shall be kept removed from adjacent activities to a distance
    that is
    compatible with the potential danger involved.
    6. Industrial and port facilities shall make adequate provisions to minimize
    the
    probability of spills of fuel or other toxic substances. Provisions
    shall
    be made to handle accidental spills that occur...
    7. No activity shall omit dangerous radioactivity at any point, or
    electrical
    disturbances adversely affecting the operation of any equipment at any
    point other than that of the creation of such disturbance.
    8. Objectionable noise that'is due to volume, frequency, or beat shall be
    muffled or otherwise controlled. Air raid sirens and related apparatus
    used solely for public purposes are exempt from this requirement.
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    3.  Depositing of dredge material in water areas should be allowed 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 deposting it in water areas.
    4. Dredging of bottom materials for the single purpose of obtaining
    fill
    material should be discouraged.
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    'Performance'Standar
    ds
    U
    1.  Dredging shall cause no more than minimal damage to water quality fish,
    shellfish, essential marine biological elements, and other natural
    resources.
    2.  Dredging shall cause no more than minimal disruption of natural
    geohydraulic
    processes along shores and streams.
    3.  Dredging operations shall be scheduled as to not materially interfere
    with
    the migratory movements of anadromous fish.
    4.  Dredging shall not cause unnecessary interference with navigation or
    unnecessary infringement upon adjacent shorelines uses, property, or
    values.
    5.  Dredged material shall be deposited on upland sites whenever possible,
    and
    only on those sites authorized by the shoreline management substantial
    development permit.
    6.  Dredge materials deposited on upland sites shall constitute landfill, and
    when desposited within the geographical jurisdiction of this master
    program,
    shall comply with applicable performance standards.
    7.  Depositing of dredged materials in water areas shall be allowed only:
    a. For wildlife habitat improvement; or
    b. To correct problems of material distribution adversely affecting fish
    and shellfish resoruces; or
    c. When the alternatives of depositing material on land is more
    detrimental
    to shoreline resources than depositing it in water areas; or
    d. In dredge spoil disposal areas authorized and delineated by the state
    and county; or
    e. For the enhancement of geohydraulic shore processes by beach feeding.
    8.  Depositing of dredged materials in water areas shall be done in a manner
    that does not unnecessarily disrupt natural geohydraulic processes or
    inter-
    fere with the use of value of adjacent property.
    9.  Maintenance dredging shall only be conducted upon the completion of a
    dredge
    spoils management plan for the site based on compliance with the policies
    and
    performance standards of this section.
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    4.308
    'Industrial
    'Definitio
    n
    Centers for water borne traffic and associated manufacturing
    firms.

    Policies
    1. Water dependent industries that require frontage on navigable water
    should
    be given priority over tother industrial uses.
    2. Port facilities should be designed to permit viewing of harbor areas
    from
    viewpoints, waterfront restaurants, and similar public facilities
    that would
    not interfere with port operations or endanger public health and
    safety.

    30

    !

    9.  No vibration shall be permitted that is discrenible without
    instruments
    on any adjoining lot or property.
    10. Industrial facilities shall assure that no direct or reflected
    glare is
    visible from adjacent properties,  s.treers,, or water areas.
    11. Industrial facilities shall be so located, designed, and
    operated to elim-
    inate all unnecessary noxious odors.
    12. Port and industrial facilities shall provide public access to
    shoreline
    areas when feasible, taking into consideration public safety,
    health,'
    and security.
    13. Waste treatment ponds shall be located as far inland as
    practicable.
    14. Port and industrial facilities shall be located, designed, and
    constructed
    to permit viewing of harbor areas or other recognized or
    officially deline-
    ated vistas.
    4.309 Forest Management
    I
    Definition
    Those methods used for the protection, production, harvesting,
    and trans-
    porting of timber resources.  :Processing of timber by industrial
    or manufactur-
    ial means is to be considered under the industrial subsection of
    this master             I
    program.
    Policies
    1.  Seeding, mulching, matting, and replanting should be
    accomplished where
    necessary to provide stability on areas of steep slope --that
    have been
    logged.
    Special attention should be directed in logging and thinning
    operations to
    prevent the accumulation of slash and other debris in
    contiguous waterways.
    3.  Proper road and bridge design, location, and construction and
    maintenance
    practices should be used to prevent development of roads and
    structures
    that would adversely affect shoreline resources.
    4.  Timber harvesting practices in shorelines of the state should
    be conducted
    I
    to maintain the state board of health standards for public
    water supplies.
    5.' Logging should be avoided on shorelines with slopes of such
    grade that
    large sediment run-off will be precipitated, unless.adequate
    restoration
    and erosion control can be expeditiously accomplished.
    6. Assurance should be given that timber harvesting on shorelines'
    df state-
    -wide significance does not exceed the limitations established
    in R.C.W.
    90.58.150, except as provided in cases where selective logging
    is rendered          I
    ecologically detrimental or is inadequate for preparation of
    land for other
    uses.
    7.  Logging within shoreline areas should be conducted to ensure
    the mai .7en-
    ance of buffer strips of ground vegetation, brush, alder, and
    conifers to
    prevent temperature increases adverse to.fish populations and
    erosion of
    stream banks.
    8.  Known big game grazing areas should be preserved or maintained
    free of
    barriers and debris.
    I

    I

    Performance Standards
    Roads and Related Structures
    1.  Roads and related structures shall be located as follows:
    a.  Whenever possible, roads shall be located on natural
    benches,. ridge tops,
    or other areas where minimum alterations of natural
    features such as
    soils will be least disturbed.
    b., Roads shall be liocated as to avoid steep narrow
    canyons, slide areas,
    Slumps, swamps, marshes, wet meadows, and the like.
    c. R6ads shall be located as to provide buffer areas along
    stream ways and
    I	~~~~other shorelines.
    d.	The number of waterway crossings shall be
    minimized.  Unnecessary dupli-
    cation of roads.shall be avoi ded by maki.ng use of
    existing roads where
    I           ~~~~practicable.
    2. Roads and related structures shall be designed as follows:
    a. Road drainage shall be designed as to control the
    dispersal of surface
    run-off from roads and exposed soils in order to
    minimize turbid water
    from drainage into waterways.
    b. Earthwork .shall be designed as to provide waste and
    borrow areas that
    will-produce a minimum of erosion, water turbidity, and
    aesthetic
    damage.
    C.  Cut and fill slopes shall be designed at the normal
    angle of repose or
    less.
    I ?      ~~d.  Cut and fill areas shall be protected
    from erosion by mulching, seeding,
    use of headwalls, or other suitable means.
    7     ~~e.  Roads and waterway crossings shall not be wid er than
    to accommodate the
    anticipated means.
    f.  Waterway crossings shall be designed so the integrity
    of the naturally
    occuring geohydraulic process is maintained.
    g.Waterway crossings shall be designed as to provide
    minimal disturbance
    to banks.
    h. Culverts and similar devices shall be designed with
    regard to fifty year
    storm frequencies.
    I        ~~~i.  Bridges and similar devices shall be
    designed with regard to one hundred
    year flood frequencies.
    *j. Roads, bridges, culvertsnand similar devices shall
    afford maximum pro-
    tection for fisheries resources.
    3.Roads and related structures shall be constructed as
    follows:-
    a. Excess material shall be deposited in stable locations
    and not into
    streamway corridors where such materials degrade water
    quality, impede
    flood waters, or alter naturally occuring geohydraulic
    processes.
    6. No machinery shall operate within a stream bed except
    in compliance
    with an hydraulics permit issued by the Washington
    State Department of
    I           ~~~~Fisheries and Washington State
    Department of Game.
    c. All material associated with road construction that is
    potentially
    unstable or erodable shall be stablized by compacting,
    seeding, mulch-
    *            ~~~~ing, or other suitable means.
    d. All roads and drainage systems shall be ma'ntained as
    to prevent erosion
    and/or water quality degradation.
    e. Excess material accumulated during maintenance of roads
    and drainage
    SYstems shall be deposited in stable locations and not
    into streamway
    *                                                           ~~~~~~~~~~~~~~~~~~32.

    !

    corridors where such materials would degrade water
    quality, impede              I
    flood waters, or alter naturally occuring geohydraulic
    processes.
    f.  Mechanical apparatus, rather than. chemicals, shall be
    used for brush
    clearing maintenance wherever practicable.
    g. Herbicides used for maintenance along roads and drainage
    systems shall
    follow'the applicable performance standards of this
    master program.
    Forest'PrOductsHarvesting
    1.  Areas unsuited for timber.production such as lakes, bogs,
    swamps, springs,
    or wet meadows shall be avoided and protected during the
    harvesting opera-
    tion.
    2.  Sufficient buffer strips shall be provided along all
    streamways to prevent
    soil erosion. and. water quality degradation, and to protect
    the habitat for-
    fish and wildlife.
    3.  Methods for falling, bucking, and yarding logs shall make
    all practicable
    precautions to prevent soil erosion and/or water quality
    degradation.  Logs
    shall not be yarded through stream beds. Skid trails shall be
    built and
    maintained away from stream beds and in such a manner as to
    prevent soil
    erosion into waterways.
    4.  Landings shall be located away from the stream corridor
    whenever possible.
    When a landing is located within the stream corridor, it
    shall be located
    on stable ground and in a position within the stream corridor
    as to not
    degrade water quality, impede possible flood waters, or
    interrupt naturally
    occuring geohydraulic processes.
    5.  If debris should accidentally enter the waterway as a result
    of harvesting,
    such debris shall be removed as soon as practicable and in a
    manner that
    does not degrade the natural conditons of the streamway.
    6.  Harvesting shall not take place in areas of archaeological
    significance
    until a reasonable opportunity has been afforded for
    exploration of the
    site.
    7.  Where major scenic attractions, historic sites, scenic
    highways, or recrea-
    tional sites.are.impactedby timber harvesting operations,
    special considera-
    tion shall be given to these values by prompt clean-up and
    reforestation.
    8.- Waste resulting from logging operations such as machinery,
    machinery parts,
    filters, grease, and oil containers, or wire and rope, shall.
    be disposed
    immediately.  At no time shall such materials be disposed in
    the streamway
    corridor.
    9.  Timber situated within two hundred feet abutting landward of
    the ordinary
    high water mark within shorelines of state-wide significance
    shall only be
    harvested by selective commercial timber cutting so that no
    more than thirty
    percent of the merchantable trees may be harvested in any
    ten year period
    of time; provided other timber harvesting methods may be
    permitted in those
    limited instances where the topography, soil conditions or
    silviculture
    practices necessary for regeneration render selective
    logging ecologically
    detrimental; provided further that clear'cutting of timber
    that is solely
    incidental to the preparation of land for other uses
    authorized by R.C.W.
    90.58 or this master program may be permitted.
    I
    33
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    Reforestatio
    n
    1.  Reforestation shall be accomplished in compliance with the Washington
    State
    Forest Practices Act and as soon after the termination of harvesting
    as is
    feasible.
    2. Reforestation'activities shall adhere to all applicable portions of
    this
    master program as regard to soil, fisheries, and water quality
    management.
    Chemical Application
    1. Equipment used for transportation, storage, or application of
    chemicals
    shall be maintained' in leak-proof condition. If there is evidence of
    chemical leakage, the further use of such equipment must be suspended
    until
    the deficiency has been satisfactorily corrected.
    2.  Whenever water is taken from any waterway or water impoundment for
    use in
    the mixing of chemicals, precautions shall be taken to prevent
    contamina-
    tion of the water source. A portable pump shall be used with the
    necessary
    suction hoses, feed hoses, and check valves to supply water from
    streams;
    such pump to be used only for water.
    3.  Waterways and areas of open water such as streams, swamps, or
    impoundments
    shall be protected from contamination when spraying by aircraft by
    leaving
    a buffer strip of at leaset swath-width untreated on each side of
    every
    waterway.
    4. A buffer strip of at least ten feet on each side of every waterway or
    area
    of open water shall be left when applying spray from the ground.
    Spray
    application immediately-adjacent to buffer strips shall be made
    parallel to
    waterways and must be applied prior to application of the remainder of
    the
    area to be treated.
    5. Application of fertilizers shall assure that no fertilizer is
    deposited into
    waterways.
    6.  Pesticides shall  be used, handled, and disposed in accordance with
    provi-
    sions of the Washington Pesticide Act and the Washington Pesticide
    Applica-
    tion Act unless the provisions of this master program are more
    stringent,
    in which case the higher standard shall apply.
    46.310 Landfills and Dredge Disposals
    Definition
    The creation of a dry upland area by depositing material into water
    or onto
    shorelines or wetland areas.
    Policies
    1.  Shoreline fills or cuts should be designed and located so significant
    damage
    to existing ecological values or natural resources or alteration of
    local
    currents will not occur, creating a hazard to adjacent life,
    property, and
    natural resources systems.
    2.  All perimeters of fills should be provided with vegetation, retaining
    walls,
    or other mechanisms for erosion prevention.
    3. Fill materials should be of such quality that it will not cause
    problems of
    water quality. Shoreline areas are not to be considered for sanitary
    land-
    fills or for the disposal of solid waste.
    34

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    I
    4.  Priority should be given to landfills for water dependent uses and
    for
    public uses.  In evaluating fill projects and in designating areas
    appropriate for fill, such factors as total water surface
    reduction,
    navigation restriction, impediment to water flow and circulation,
    reduc-
    tion of water quality and destruction of habitat should be
    considered.
    'Performance Standards
    I
    1. Landfill shall -only be permitted to serve shoreline dependent uses.
    2. Landfill is not permitted in estuaries, tidelands, marshes, ponds,
    swamps,
    or similar water retention areas.
    3. Landfills are not permitted in flood plains unless it can clearly be
    demon-
    strated that the geohydraulics and flood plain storage capacity will
    not be
    altered as to increase flood hazard or other damage to life or
    property.
    4. Landfills shall not disrupt streamway geohydraulics that may lead to
    damage
    of adjacent properties.
    5.  Landfills shall not disrupt normal surface-water drainageways.
    6. Landfills shall not be deposited as to not sever the normal recharge of
    ground water supplies and in a manner that does not degrade quantity
    and
    quality of ground water.
    7. Fill material shall be of a quality and so placed and contained that it
    does
    not cause water quality degradation.  Junk, garbage, and other
    potentially
    hazardous sewage and rubbish is not permitted to be used as fill
    material.
    Normally fill material shall be restricted to soil, sand, rock, or
    gravel..
    8.  Permitted fills shall be appropriately sloped and plannted with
    vegetation
    to prevent erosion.
    4.311  Marinas
    Definition
    Facilities that provide launching, storage, supplies, moorage, and
    services
    for pleasure and commercial watercraft.
    Policies
    1.  In locating marinas, special plans should be made to protect the fish
    and
    shellfish resources that may be harmed by construction and operation
    of the
    facility.
    2.  Marinas should be designed in a manner that will reduce damage to fish
    and
    shellfish resources and be aesthetically compatible with adjacent
    areas.
    3. Marinas should be located at or near high-use or potentially high use
    areas.
    Local as well as regional need data should be considered as input in
    loca-
    tion selection.
    4.  Special attention should be given to the design and development of
    opera--
    tional procedures for fuel handling and storage in order to minimize
    acci-.
    dental spillage and provide satisfactory means for handling those
    spills
    that do occur.
    5.  Shallow-water embayments with poor flushing action should not be
    considered
    for overnight and long term moorage facilities.
    6.  The Washington State Department of Fisheries'guidlines should be
    consulted
    in, planning for marinas.

    35
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    7. State and local health agencies have standards and guidelines for the
    development of marinas which should be consulted.
    8. Floating breakwaters should be considered as a positive alternative to
    conventional breakwaters.
    Performance Standards
    1. Marinas shall be located with regard to favorable conditions related to
    wind, current, and bathymetrics.
    2. Marinas that provide overnight or long-term moorage facilities shall not
    be located in areas with poor flushing action.
    3. Marinas shall be compatible with the general aesthetic quality of the
    shore-
    line area where they are located.
    4. Marinas and ancillary facilities shall be located, designed,
    constructed,
    and onerated as to minimiz  e  ad  v     erseef fectsn f sh.  sh.llfish. wi l dlifp.
    I
    I
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     I
    aI.lr pu  a.l'.  L-U4   a o   LV  IIIIII IlIB lmLit&l    q.LU.VUF..I .J _ I.!I V.%~.  .l    ~1, u)llUl I II I.JlI, V� I It:II.11[s I I U  III ,
    water quality, and existing geohydraulic shoreline processes.
    5.  Marinas shall be located, designed, constructed and operated as to not
    unnecessarily interfere with the rights of adjacent property owners, nor
    interfere with adjacent water uses.
    6.  Parking and loading areas shall be located well away from the immediate
    water's edge and beaches.
    7.  Design of parking and loading-areas shall assure that surface run-off
    does
    not pollute adjacent waters or cause soil or beach erosion.
    8.  Provisions shall be made as to facilitate orderly launching, retrieval,
    and
    storage of boats.
    9.  Provisions shall be made to facilitate the orderly circulation of
    vehicles
    and pedestrians in the vicinity of the marina.
    10. Marinas shall make adequate provisions to minimize the probability of
    fuel
    spills during handling or storage.  Provisions shall be made to handle
    accidential spills that do occur.
    11. Marinas shall provide adequate on-shore sewage and waste disposal
    facilities.
    Such facilities shall be adequate to serve transient boaters as well as
    1 iveaboard boaters.
    4.312  Mining
    Definition
    The removal, of naturally occuring rock, sand, gravel, and miner-als
    from
    the earth.
    Policies
    1.  When rock, sand, gravel, and minerals are removed from shoreline areas,
    adequate protection against sediment and silt production should be
    provided.
    2. Excavations for the production of sand, gravel, and minerals should be
    done
    in conformance with the Washington State Surface Mining Act.
    3.  Jefferson County and the City of Port Townsend should strictly control
    the
    removal of sand and gravel from marine beaches.
    4.  When removal of sand and gravel from marine beaches is permitted, it
    should
    be taken from the least senstive biophysical areas of the beach.

    *                                                          ~~~~~~~~~~~~~~~36

    Performance Standards
    1.  Mining along all shorelines shall assure that geohydrauclic
    processes and
    marine life are basically maintained in their natural
    condition, both
    during and after excavation.
    2.  Surface mining for gravel along streamways shall make
    provisions that
    assure:
    a.  All equipment, works, and structures are able to
    withstand flooding
    without becoming a hazard in themselves or causing
    adverse effects on
    shore features or adjacent property, all without the
    necessity for
    massive structural defense wqrks; and
    b.  All stockpiles and other structures or equipment that
    are not flood-
    proof are located above the one hundred year flood plain
    during flood
    season except during daily operations.
    3.  Overburden shall be disposed in a manner that provides short
    and long term
    protection to affected natural features, adjacent
    properties, and aesthetic
    values.  Overburden deposited within the geographical
    jurisdiction of this
    master program shall constitute landfill and shall,
    therefore, comply with            9
    applicable performance standards of this master program.
    4.  Mining shall provide measures to prevent deleterious effects
    upon water
    quality and fishlife.
    5.  Mining operations shall obtain necessary hydraulic permits
    from the Wash-
    ington State Department of Fisheries and 'Washington State
    Department of
    Game.
    6.  Mining operations shall not cause any unnecessary noise,
    odor, vibration,
    or other nuisances that adversely affect nearby properties.
    7.  Equipment or apparatus associated with mining operations
    such as machinery,
    machinery parts, filters, grease and oil containers, andwire
    and rope shall           I
    be disposed immediately to an appropriate upland location.
    8.  Mining projects shall provide thorough and precise site
    reclamation plans
    as part of the permit application.  The plans shall be
    considered an
    indivisible part of the proposed development and shall be
    considered in
    the approval or disapproval of a substantial development
    permit.
    4.313  Offshore Moorage Devices
    I

    Definition
    Offshore devices anchored or otherwise attached to the sea
    bottom used to
    moor watercraft.
    Policies
    I
    1.  Offshore mooring devices should not be authorized where such
    installations
    will adversely interfere with navigation.
    2.  Offshore moorage devices for individual mooring of craft in
    areas where
    there are no docking facilities or insufficient docking
    facilities are
    preferred over the construction of individual docks or
    piers.                         I
    3.  Where sufficient docking facilities exist, the individual
    placement of
    mooring bouys will be discouraged.
    4.  Community offshore moorage devices will be encouraged over
    private offshore           I
    mooring devices.

    37
    I

    Performance
    Standards
    1.  Off-shore mooring devices, including the swing path of attached
    vessels,
    shall not encroach on adjacent tidelands or subtidal ownerships.
    2. Land based retrieval lines from off-shore moorage devices shall be
    prohibi-
    ted.
    3.  Off-shore moorage devices shall not interfere with navigational
    channels.
    4.314 -Parking Facilities
    Definition
    Areas providing Tor the storage of motor vehicles, including vista
    parking
    facilities.
    'Policies
    1.  Parking facilities should be designed and placed as far as
    practicable
    away from the water's edge.
    2.  Parking facilit:es should make provisions for pollution abatement and
    the
    control of storm water run-off.
    3. Parking facilities should be adequate to serve the level of demand
    antici-
    pated by the associated use.
    4. Parking facilities should not interfere with the use and enjoyment of
    adja-
    ent properties.
    Performance Standards
    1. Parking facilities shall not be located adjacent to the immediate
    water's
    edge if practical alternative upland locations exist.
    2.  Vista parking facilities shall include a significant public view and
    provide
    recreational opportunities such as a picnic table or viewing benches.
    3. The design and construction of parking facilities shall assure that
    sur-
    face water run-off will not pollute adjacent waters or cause soil or
    beach
    erosion.  Oil seperators and retention ponds are considered positive
    measures towards compliance with this standard.
    4. Security lighting associated with parking facilities shall be beamed,
    hooded, or directed as to not cause glare on adjacent properties or
    water
    bodies.
    4.315 Recreational
    Definition
    Facilities such as parks, trails and pathways, campgrounds,-'and
    swim rafts
    which provide means for relaxation, play, or amusement.
    Policies
    1.  The concept of off-'shorel'ine camping should be encouraged as to
    prevent the
    concentration of clutter and leave the beaches, tidelands, streams,
    and
    their associated shorelines in basically their natural state.

    38

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    2.  Private campgrounds should be encouraged in the park
    industry.  Publicly
    financed and operated facilities should not be entertained
    as the only
    alternative to meeting recreational demands.
    3.  Park design and operation should deal with the impact such
    activties have,
    not only within park boundaries but on adjacent properties
    and communities
    as well.
    4. Recreational facilities should make adequate provisions
    for:
    a.  Traffic, both inside and outside the facility; and
    I
    b. Proper water and sewage disposal methods; and
    c. Law enforcement; and
    d.  Prevention of overflow onto adjacent properties.
    5. Public park authorities should establish population limits
    for each park
    and should charge fees commensurate with commercial park
    fees for the
    combined purposes of providing means for payment of
    services and to elimin-
    ate the abuse that inevitably comes from free services.
    6.  Encourage a balanced system of public access to public
    shorelines and sur-
    face waters.
    7. Off-shore recreational devices should not interfere with
    navigation of water-
    ways.
    8. Trails and pathways on steep shoreline bluffs should be
    designed to not
    adversely affect the stability of the bank.             w
    9. Public recreational developments should be consistent with
    adopted park,
    recreational, and open space plans of the city and county,
    when appropriate.
    10. Swim rafts used for moorage purposes should comply with
    the policies and
    standards for off-shore moorage devices.
    11. Stairways and landings should not be located waterward of
    existing bulk-
    heads, banks or the ordinary high water mark.

    Performance Standards
    1. Trailer spaces, camping sites, and similar facilities shall
    not be located
    on beaches and tidelands.
    2.  Recreational facilities shall make adequate provisions for
    water supply,
    sewage disposal, and garbage collection.
    3 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I.
    3.- Recreational facilities shall make adequate provisions for
    efficient
    vehicular parking.
    4.  Recreational facilities shall make adequate provisions for
    enforcement of.
    laws and regulations associated with use of the facilities
    beinb  proposed.
    5. Recreational facilities shall make adequate provisions such
    as screening,
    buffer strips, fences, and signs to prevent park overflow
    and to protect
    the value and enjoyment of adjacent or nearby private or
    public properties..
    6. Recreational facilities shall establish and enforce
    regulations that prohi-
    bit tree cutting and limit the taking of marine life,
    driftwood, and similar
    souvenirs.
    7. Signs associated with recreational facilities shall be kept
    to a minimum in
    number and size, and shall be erected as informational or
    directional aids
    only.
    8.  Adequate provisions shall be made for the control of fires
    both within
    recreational facilities and between recreational
    facilities and adjacent
    private or public lands.
    9.  Unless specifically designed for that purpose, park and
    recreational
    facilities shall prohibit the off-road use of all terrain
    vehicles in order
    to protect natural features as well as the enjoyment and
    value of adjacent
    private and public properties.

    39
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    10. Applicants for substantial development permits for recreational
    facilities
    may be required to provide adequate information to demonstrate the
    safety
    of proposed equipment and facilities.
    11. Membership campgrounds shall comply with the Jefferson County Camper CZub
    Ordinance.
    4.31'6 Residential
    Definition
    The development of land and/or the construction or erection of dwelling
    units for the purpose of residential occupancy.
    'Polities
    1.  Residential developments should be designed at a level of density of
    site
    coverage and occupancy-compatible with the physical capabilities of the
    shoreline area, and consistent with the density provisions of local
    plans,
    codes, and ordinances.
    2. Residential developments should be designed as to adequately protect the
    water and shoreline aesthetic characteristics.
    3. Residential developments should be encouraged to provide pedestrian
    access
    to public shorelines abuttingithe development.
    4.  Over-water residential development, including floating homes, should
    not be
    permitted.
    5. Residential developers and individual builders should be required to
    indi-
    cate how they plan to preserve shore vegetation and control erosion
    during
    construction.
    6. Sewage disposal facilities, as well as water supply facilities, should
    be
    provided in accordance with appropriate state and local health
    regulations.
    Storm drainage facilities should be separate, not combined with sewage
    disposal systems.
    7. Adequate water supplies should be available so the ground water quantity
    and
    quality will not be endangered by over-pumping.
    8.  Residential development in geologically hazardous areas or in areas
    subject
    to flooding.should be discouraged.
    9.  Residential developments in shorelines areas should be designed to
    preserve
    natural drainage courses.
    10. Subdivisions should maintain usable waterfront areas for the common use
    of
    all property owners within the development.
    11. Residential structures should be designed and located as to not
    significantly
    block the views of adjacent residences or properties.
    12. Sewage disposal drainfields should not be located where subject to
    flooding.
    Performance Standards
    1.  Subdivisionsa f land shall comply with local plans, codes and
    ordinances
    and.be designed -t  exempl:ify the:definition and policy of the
    applicable
    shoreline designation as well as the environmental and physical
    capabilities
    of the subject. site.
    *4
    0

    I
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    2. Public access to publicly owned shorelines shall be maintained.
    3. Subdivisions shall assure that surface run-off does not pollute
    adjacent
    waters or cause soil or beach erosion, either during or after the
    construc-
    tion phase.
    4.  Subdivisions containing marshes, swamps, lagoons, portions of flood
    plains.,
    or similar wetlands shall use those areas only for the purpose of
    parks,
    open space, or recreational facilities.
    5.  Subdivisions shall be designed to include measures to prevent overflow
    usage of common areas upon adjacent, privately owned shorelands and
    uplands.
    6. Amenities provided by subdivisions shall not be detrimental to the
    geohy-
    draulic processes occuring within the shoreline corridor.
    7. Roads, utilities, and other subdivision improvements shall comply with
    the applicable policies and standards of this master program.
    8. Residential structures shall not be located on or over marshes,
    lagoons,
    tidelands or water areas subject to this master program.
    9. Residential structures shall not be located in areas subject to
    flooding
    or tidal inundation unless complete flood proofing measures have been
    provided, and then only when the location of such structures will not
    aggravate flooding possibilities of nearby properties.
    10. Residential strucutres shall not locate upon areas of geologic.hazard,
    or
    areas of ecological sensitivity such as underground aquifers, aquifer
    recharge areas, or marshes.or lagoons.
    11. New residential structures shall be established through one of the
    follow-
    ing methods:
    a. Where adjacent properties are not developed, the set back distance
    shall
    be one which allows for the continuation of natural geohydraulic
    processes without risk to the structure or its inhabitants.
    b. Where adjacent properties are developed, the strucutre, in addition
    to
    item one above, shall be set back as parallel as practicable with
    existing residences or properties.
    12. Alteration of topography for building sites, access road(s), and
    utilities
    shall be conducted in compliance with the applicable policies and
    standards
    of this master program.
    13. Sewage disposal systems shall not be located within the flood plain of
    marine and fresh water bodies.
    4.317  Scientific; Edudatiohal, Archaeoloqicatl, and Historical

    Definition
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    Those sites, structures, or facilities that provide unique insight into
    our natural or cultural heritage.
    Policies
    1. Jefferson County and the City of Port Townsend should consult with the
    Washington State Office of Archaeological and Historic Preservation and
    professional consultants to review proposed project areas for
    potentially
    valuable data, and to establish procedures for salvaging that data.
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    2. Where possible, sites should be permanently preserved for scientific
    study and public observation. In areas known to contain archaeological
    data, special conditions should be attached to substantial development
    permits to provide for site inspections and an evaluation of an
    archaeolo-
    gist to ensure that archaeological data is properly salvaged.
    3. Developers should notify Jefferson County or the City of Port Townsend,
    as
    the case may be, if any possible archaeological data is uncovered
    during
    excavations in the shoreline area.
    4. Jefferson County and the City of Port Townsend should work toward
    lending
    integrity to the National Historic Preservation Act of 1966 and R.C.W.
    43.51 and provide whereever possible for the protection,
    rehabilitation,
    restoration, and reconstruction of districts, sites, buildings,
    structures,
    and objects significant in American, Washington, or local history,
    archi-
    tecture, archaeology, or culture.
    5.  Excavation of Indian artifacts shall be conducted in compliance with
    R.C.W
    27.53.
    6.  Excavation activities shall be conducted in compliance with the
    applicable
    policies and standards of this master program.
    Performance'Standards_
    1.  No development, or substantial development, shall be undertaken with
    regard
    to a site or structure that has probable historical, scientific, or
    archaeological significance until an evaluation of the site or
    structure
    has been made by an authority judged competent in such matters by
    Jefferson
    County or the City of Port Townsend.
    2. All feasible means shall be employed to ensure that data, structures,
    and
    sites having historical, archaeological, educational, or scientific'
    significance are extracted, preserved, or used in a manner
    commensurate
    with their importance.
    3.  The establishment, restoration, or revitalization of historical,
    archaeolog-
    ical, scientific, or. educational facilities shall be done in such a
    manner
    as to cause minimal disturbance to adjacent properties as well as to
    natural
    features of the shoreline.
    4.31  'Shore'Defense Works
    Definition
    Structures or modifications for the purpose of retarding shore
    erosion
    from wave or current action, protecting channels and harbors from wave
    action,
    encouraging deposition of beach materials, preventing streambank overflow,
    and
    retaining uplands.  They may consist of bulkheads, seawalls, dikes,
    revetments,
    breakwaters, jetties, groins, or gabions.  Defense works are commonly
    construc-
    ted from quarry rock (i.e. rip-rap),, treated wood, concrete, steel, and
    sand
    and gravel.
    'POlicies
    1.  Bulkheads and sewwalls should be located and constructed in such a
    manner
    that will not result in adverse effects on hearby beaches and will
    minimize
    alterations of the natural shoreline.
    42

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    2. Bulkheads and seawalls should be constructed in such a way as to
    minimize
    damage to fish and shellfish habitats. Open piling construction is
    prefer-
    able in lieu of the solid type.
    3. The effect of a proposed bulkhead on public access to publicly owned
    shore-
    lines-should be considered.
    4. Bulkheads and seawalls should be designed to blend in with the
    surroundings
    and not to detract from the aesthetic qualities of the shoreline.
    5. The construction of bulkheads should be permitted only where they
    provide
    pro tection to upland areas or facilities, not for the indirect purpose
    of
    .creating land by filling behind the.bulkhead. Landfill operations
    should
    satisfy the performance standards related thereto.
    6. Floating breakwaters are preferr~ed to solid landfill types in order to
    maintain sand movement and fish habitat.
    7. Solid breakwaters should be constructed only where design modifications
    can
    eliminate potentially detrimental effects on the movement of sand and
    circulation of water.
    8. The restriction of the public use of the water surface as a result of
    break-
    water construction must be recognized and must be considered in granting
    shoreline permits for their construction.
    9. The effect proposed jetties or groins have on sand movement must be
    consid-
    ered. Provisions should be made to compensate for the adverse effects of
    the structures either by artifically transporting sand to the downdrift
    side of an inlet with jetties, or by.artifically feeding the beaches in
    the
    case of groins.
    10. Special attention should be given to the effect these structures will
    have
    on wildlife propagation and movement., and to the effects these
    structures
    will have on the aesthetic quality of the shoreline.
    11. Rip-rapping and other bank stabilization measures should be located,
    designed, and constructed as to avoid the need.for channelization and
    to
    pro tect the natural character of the streamway.
    12. Where flood protection measures such as dikes are planned, they should
    be
    placed landward of the streamway,, including associated swamps and
    marshes
    and other wetlands directly interrelated and interdependent with the
    stream
    proper.
    13. Flood protection measures that result in channelization should be
    avoided.
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    Performance'Standards

    1. Shore defense works shall be designed and constructed in a manrie'r
    that

    causes an absolute minimum of interruption to naturally occuring
    shoreline

    processes.

    2.  Shore defense works shall be designed and constructed as to minimize

    interruption of fish movements as well as marine and wildlife
    habitats.
    3.  Shore defense works shall not be ussed for the indirect purpose of
    creating

    landfills, unless such landfill is specifically permitted in
    compliance
    with landfill performance standards of this master program.
    4.  Shore defense works shall not be construct-ed on spits, hooks, bars;
    barrier

    beaches, or similar accretion terminals c", accretion shoreforms.
    5.  Shore defense works shall be designed and constructed to harmonize
    insofar
    as practicable with the aestheti c characteristics of the area where
    they are

    located.
    .43

    6.  Shore defense works such as dikes shall be located landward of the
    stream-
    way and associated swamps, backwaters, marshes, and other wetlands
    directly
    interrelated and interdenpendent with the stream proper.
    7. Substantial development permit applicants shall provide competent
    techncial
    evidence that the proposed shore defense structure will perform as
    designed.
    4.319 Transportation Facilities
    Definition
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    such
    Passageways for motorized vehicles or trains, including but not
    limited to
    devices as bridges,- trestles, ramps, or culverts.
    Policies
    i*    0   1.  Whenever feasible, major highways, freeways, and railroads should be
    located
    away from shorelands, except in port and heavy industrial areas, so
    shore-
    land roads may be reserved for slow moving recreational or residential
    *I    ~ traffic.
    2.  Roads located in wetland areas should be designed and maintained to
    prevent
    erosion and to permit a natural movement of ground water.
    3.  All debris, overburden, and other waste materials from construction
    should
    be disposed in such a'way as to prevent their entry by erosion from
    drain-
    age, high water, or other means into any water body.
    4.  Road locations should be planned to fit the topography so minimum
    altera-
    tions of natural conditions will be necessary.
    5. Scenic corridors with public roadways should have provision for safe
    pedes-
    trian and other nonmotorized travel.  Also, provision should be made for
    sufficient view points, rest areas, and picnic areas in public
    shorelines.
    6.  Extensive loops or spurs of old highways with high aesthetic quality
    should
    be kept in service as pleasure by-pass routes, especially where main
    high-
    ways paralleling the old highway must carry large traffic volumes at
    high
    speed.
    7. Since land use and transportation facilities are so highly interrelated,
    the
    plans for each should be coordinated.
    8.- Waterway crossings should be designed and constructed to maintain normal
    geohydraulci. processes, as well as to minimize interruption of flood
    water
    flow.
    9.  Transportation devices should assure the continued and unobstructed
    move-
    ment of sediments.
    *         10. The number of waterway crossings should be minimized.
    Performance Standards
    I    i:  1.  When feasible, major highways and railroads shall be
    located away from the
    shoreline.
    2.  Wheneverpossible, roads shall be located on natural benches, ridge tops,
    or
    other areas where alteration of natural features such as soils, will >se
    minimal.
    3.  Roads and railroads shall be located as to provide buffer areas along
    stream
    ways and other shorelines.

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    4. Roads shall be located as to avoid steep, narrow canyons,
    slide areas,
    stumps, swamps, marshes, wet meadows, and the like.
    5. Unnecessary duplication of roads shall be avoided by maki.ng
    use of existing
    roads where practicable.
    6.  Road drainage shall be designed as to control the dispersal
    of surfaceI
    run-off from roads and exposed soils in order to minimize
    turbid water from
    draining into waterways.
    7. Earthwork shall be designed as to provide waste and borrow
    areas that will
    produce a minimum of erosion, water turbidity, and aesthetic
    damage.I
    8. Cut and fill slopes shall be desi~ned at the normal angle of
    repose or less.
    9.  Cut and fill areas shall be protected from erosion by
    mulching, seeding,
    use of headwalls, or other suitable means.
    10. Roads and waterway crossings shall not be wider than to
    accommodate the
    anticipated use.
    11. Wlaterway crossings shall be designed so the integrity of
    the naturallyI
    occuring geohydraulic process is maintained.
    12. Waterway crossings shall be designed, as to.provide minimal
    disturbance to
    banks.
    13. Culverts and similar devices shall be designed with reoard to
    fifty yearI
    storm frequencies.
    14. Bridges and similar devices shall be designed with regard to
    one hundred
    year flood froquencies.I
    15. Roads, bridges, culverts, and similar devices shall afford
    maximum protec-
    tion for fisheries resources.
    16. Excess material shall be deposited in stable locations and
    not into stream-
    way corridors where such materials degrade water quality,
    impede flood
    waters, or alter naturally occuring geohydraulic processes.
    17. No machinery shall operate within a stream bed except in
    compliance with an
    hydraulics permit issued by the Washington State Department
    of Fisheries
    and W4ashington State Department of Game.
    18. All material associated wi,th road construction that is
    potentially unstable
    or erodable shall be stablized by compacting, seeding,
    mulching, or otherI
    suitable means.
    19. All roads and drainage systems shall be maintained as to
    prevent erosion
    and/or water quality degradation.I
    20. Mechanical apparatus, rather than chemicals, shall be used
    for brush clear-
    ing maintenance wherever practicable.
    21. Herbidices used for maintenance along roads and drainage
    systems shall
    follow the performance standards outlined under "Chemical
    Applicdation" of the
    forest mianagement subsection.
    22. Road routes shall make provisions for pedestrian, equestrian,
    bicycle, and
    other modes of travel whenever feasible.I
    23. In compliance with R.C.W. 36.87.130, Jefferson County shall
    not vacate a
    couhty road.or part thereof that, abuts on a body of salt or
    fresh water,
    unless the purpose of the vacation is to enable any public
    authority toI
    acquire the vacated property for port purposes, boat moorage
    or launc-hinq
    sites, or for park, viewpoint, recreati-on-a:1, educational1,
    or other public
    purposes, or unless the property is zoned for industrial
    purposes. Further,
    such Vacation shall not be accomplished for any purpose that
    is.not consis-
    tent with this master program, and then only when all
    appropriate federal,
    state, and local permits have been issued for the intended
    use.

    ~45

    24. Transportation devices in floodways shall be designed to minimize
    flood water
    diversion or obstruction to flood water flow.
    4.320 Utilities
    Definition
    Services or facilities that produce, transmit, carry, store, p
    rocess, or
    dispose of electric power,, gas, water, sewage, communications, oil, and
    the like.

    Policies
    1.  Whenever utilities must be placed in a shoreline area, the location
    should be
    chosen as to not obstruct or destroy scenic views. Vtherever feasible,
    these
    facilities should be placed underground or designed to do minimal
    damage to-
    the aesthetic qualities of the shoreline area.
    2.  Tb `an extent feasible, Jefferson County and City of Port Townsend
    should
    incorporate major utility corridors on shorelines into their programs
    and
    plans for public access to and along water bodies.
    3.  Utilities should be located to meet the'needs of future populations in
    areas
    planned to accommodate this growth.
    4.  Upon completion-of installation and maintenance projects on
    shorelines,
    banks should be restored to pre-project configuration, replanted with
    native
    species, and be provided maintenance care until the newly planted
    vegetation
    is established.
    Performance Standards
    1.  Utilities shall be installed adjacent to or within existing utility or
    circu-
    lation easements or rights-of-way whenever feasible.
    2.	Utilities shall be installed underground whenever feasible.
    3.	Utilities shall be designed and installed to meet future needs when
    possible.
    4.	When feasible, utility corridors shall serve multiple uses such as
    shoreline
    access or recreational trails or pathways.
    5., Utilities installed in the water, beach, or Upon tidal areas shall
    assure
    that water quality and marine life will not suffer degradation.
    6.  Installation of utilities shall assure the prevention of siltation or
    beach
    erosion.
    7.  Upon completion of installation or maintenance projects, banks shall
    be
    restored to a suitable configijration and 'stability and shall be
    replanted
    .with native species and provided with maintenance care Until the
    newly-
    -planted.vegetation is established..
    8.  Utility discharges and outfalls shall be located, de signed,
    constructed, and
    operated so that deg:radatJion to water qual ity, arnne,  life, and
    general shore-
    line ecosystems is kept to an absolute minimum.
    9.  Both during and after installation, utilities shall assure that
    'geohydraulic
    shore processes and marine life are basically maintained in their
    natural
    condition.
    10. Utilities located in flood-prone areas shall be provided'adequate
    flood pro-
    tection and shall not be installed as to increase flood hazard or other
    damage to life or property.
    46

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    11. Flamable or toxic materials shall not be stored in areas subject to
    flooding.
    12. Utilities shall not be installed in areas subject to geologic hazards
    unless
    it can clearly be demonstrated that such hazards can be overcome.
    4.321 Waste Disposal
    Definition
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    Refuse composed of garbage, rubbish, ashes, dead animals, demolition
    waste,
    automobile parts, and similar material.

    Policies
    1.  Solid waste disposal requirements of this master program should be
    consistent
    with the Jefferson County Solid Waste Management Plan.
    2.  Requirements for solid waste disposal should be in compliance with
    regulations
    of state and local health agencies, as well as regulations of the
    Washington
    State Department of Ecology.
    Performance Standards
    1. Solid waste disposal and handling shall conform to the Jefferson County
    Solid
    Waste Management Plan and all supportive state and local regulations.
    2. Open dumping of solid wastes in areas subject to this master program is
    not
    permitted.
    3.  Storage, collection, and handling of solid waste associated with any
    shoreline
    use or development shall be conducted as to create no health hazards,
    rodent
    harborage, insect breeding areas, fire hazards, or air or water
    pollution.
    All garbage shall be stored in fly-tight, rodent-proof, leak-proof
    containers.
    4. Solid waste shall not be stored in areas subject to flooding, unless it
    can
    clearly be demonstrated that complete and effective flood proofing can
    be
    accomplished.
    5.  Liquid wastes shall be disposed in compliance with standards of local,
    state,
    regional, and federal pollution control authorities.

    4.40 Unclassified
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    Definition
    Those developments that do not reasonably fall within any of the
    previously
    delineated classes, as determined by the Jefferson County Planning
    Department.
    The city administrator shall be consulted in making this determination for
    those
    proposed developments to be located within the incorporated area of the
    City of
    Port Townsend. Unclassified proposed developments shall be reviewed as
    secondary
    uses.

    Performance Standards
    Specific conditions attached to the granting of any permit for an
    unclassi-
    development shall be considered the performance standard(s) for that
    partic-
    substantial development.

    fie
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    4.50 Shorelines of Statewide Significance
    Definition
    Shorelines of the state with respect to Jefferson County and the City
    of
    Port Townsend as identified as follows:
    1. Those lakes, whether natural, artificial, or a combination thereof,
    with a
    surface acreage of one thousand acres or more measured at the ordinary
    high
    water mark, including associated wetlands; and
    2. Those areas of Puget Sound and adjacent salt waters and the Strait of
    Juan
    de Fuca between the ordinary high water mark and the line of extreme
    low
    tide, which are Hood Canal from Tala Point to Foulweather Bluff south
    to the
    Mason-Jefferson County line, including associated wetlands; and
    3. Those areas of Puaet Sound and the Strait of Juan de Fuca and adjacent
    salt
    waters north to the Canadian line and lying seaward from the line of
    extreme
    low tide; and
    4. Those natural rivers or segments thereof downstream from a point where
    the
    mean annual flow is measured at one thousand cubic feet per second or
    more.
    In Jefferson County these rivers are the Clearwater River, Hoh River,
    and
    Quinault River.
    Poliies
    1. Recognize and protect the state-wide interest over local interest.
    2. Preserve the natural character of the shoreline.
    3. Result in long term over short term benefit.
    4. Protect the resources and ecology of the shoreline.
    5.	Increase public access to publicly owned areas of the shorelines.
    6.	Increase recreational opportunities for the public in the shoreline.
    7.	Provide for any other element as defined in R.C.W. 90.58.100 deemed
    appro-
    priate or necessary.
    PerformanCe'Standards
    1.  All proposed developme,its within shorelines of state-wide
    significance shall
    comply with previously delineated performance standards that are
    appropriate.
    2. Forest management development and activities situated within two
    hundred
    feet abutting landward of the ordinary high wat:,r mark within
    shorelines of
    state-wide significance shall only employ selective timber cutting so
    no
    more than thirty percent of the merchantable trees may be harvested in
    any
    ten year period of time; provided, other timber harvesting may be
    permitted
    in those limited instances where the topography, soil conditions, or
    silvi-
    culture practices necessary for regeneration render selective timber cutting
    ecologically detrimental; provided further, clear cutting of timber that is
    *solely incidental to the preparation of land for other uses authorized bythe
    Shoreline Management Act and this master program may be permitted.
    48

    Sr'CTION 5

    NON-WATER DEPENDENT USES OR STRUCTURE"

    Subsections
    5.10 Purpose
    5.20 Continuation of Non-Water Dependent Uses or Structures
    5.30' Reconstruction

    510 Purpose
    The purpose of this section is to implement the restoration goal of
    this
    master program and to establish regulations for the review and eventual
    elimin-
    ation of existing shoreline uses and structures that: (a) are within
    con-
    servancy or natural shoreline designations, (b) are other than water
    dependent,
    (c) ex:isted lawfully prior to the enactment of the Washington State
    Shoreline
    Management Act, and (d) do not conform with the policies and standards
    of this
    master program.

    5.20 Continuation
    The non-water dependent uses or structures on shorelines subject to
    this
    section may be continued; provided:
    1. It is not enlarged, increased, or extended to occupy a greater area
    than
    was occupied on the date of adoption-of this amended master program.
    2.  It is not moved in whole or in part to any oter portion of the lot,
    parcel, or shoreline jurisdiction area subject to this section.
    3. The use does not cease for more than two years. The resumption of
    such a
    use after the two year period may be allowed as a conditional use,
    subject
    to this master program and its permit requirements.

    5.30 Reconstruction
    The structure may be reconstructed, restored, or repaired, provided
    it is
    not damaged beyond fifty (50) percent of the existing appraised val'e.
    Struc-
    tures damaged beyond fifty (50) percent shall be subject to this master
    program
    and its permit requirements prior to any reconstruction.
    49

    SECTION 6

    ADMINISTRATION

    6.10 General
    6-.20 -Shoreline Management Advisory Commission
    6.30 County~ Planning Department
    6.40 City Administrator
    6.50 Board of County Commissioners and City Council
    6.60 Application

    -6.10 General
    There is hereby established by this master program an administrative
    system
    designed to assign responsibilities for substantial development permit
    review,
    to prescribe an orderly process by wihich to review allI permit
    applications, and
    generally to ensure that 'all persons coming within the jurisdiction of this
    -master program are treated in,a fair and equitable manner.

    6.20 Advisory Commission
    There is hereby created by this master- program the Jefferson-Port
    Townsend
    Shoreline Management Advisory Commission whose composition and appointments
    are as follows: The commission shall be comprised of twio members from the
    City
    of-Port Townsend and eight members from the unincorporated area of Jefferson
    County. One of the eight members from the unincorporated area of the county
    shall be representative of the West End area. This member shall act only on
    applications where development wo-uld, resulIt in the West End area and on
    matters
    of policy.
    rMembers shall be appointed by the city council ,or board of county
    commis-
    sioners with respect to the jurisdiction they would reoresent. Insofar as
    possi-
    ble, appointments shall assure that members represent:',,(-a) a variation of
    geographic
    ,communities, and (b) a variation of occupations and/or interests.a
    Terms of members shall be staggered to ensure continuity of knowledge,
    responsibility, and effectiveness. Each term shall be three years. No member
    shall serve more than two consecutive terms; unless the appropriate
    jurisdic'tional
    authority takes exception due to a member's inhierent qualities which1will
    assure
    a continued expertise to the commission; or unless a member is
    representative of
    the West End area.
    Vacancies shall be filled by appointments of length necessary to
    complete
    an unexpired term. The member filling the unexpi,red term shall not consider
    that term as the first term of membership; the first three year term shall
    be
    considered the first term.
    so
    w

    The responsibilities and duties of the commission are those
    hereafter
    Outlined:
    1. Establish and maintain by-laws by which to conduct meetings
    and public hear-
    ings and to use as a parlimentary guide in.making
    decisions.I
    2. Review all proper and complete substantial -development permit
    applications
    for secondary and conditional uses within the scope of this
    master program.
    3.  Review any and all information, testimony, or correspondence
    from interestedI
    persons, groups, or agencies with respect to substantial
    development permit
    applications for secondary or conditional,uses.
    4.  Conduct public hearings associated with "b" and "c" above.
    5.Make findings and evaluations, and thereafter formulate and
    transmit recom-
    mendations to the 'city touncil or board of tounty
    commissioners with respect
    to their separate jurisdictions, that permits for secondary
    and conditional
    uses be granted or denied with respect to compliance with the
    ShorelineI
    Management Act and this master program.
    5   Condition any permits recommended for approval associated
    with "e" above in
    order to prevent undesirable.effects of the proposed area, as
    wqell as bring-I
    ing about conformance with the goals, policies, and standards
    of this master
    program.
    6.  Develop and/or review any proposed adjustments to this master
    program andI
    make recommendations relative thereto to the board of county
    commissionelrs
    and city council..

    6.30 CoUinty Planning Department
    The Jefferson County Planning Department is hereby vested with
    general.
    overall admninistration of the Shoreline Management Act of 1971
    and this masterI
    program with respect to Jefferson County and City of Port
    Townsend.
    The responsibilities and, duties of the planning department
    include those
    hereafter outlined:
    1, Prepare and use such forms as it deems essential for
    administrative purposes.
    Such forms shall be consistent with W.A.C. 173-14-110.
    2.. Advise and assist applicants for substantial developmnent
    permits of adminis-
    trative requirements and review criteria of the Shoreline
    Management Act andI
    tthis master program.
    3,Insofar as possible, ensure that all substantial develooment
    permit applica-
    tions are proper and complete prior to review,
    4.  Ensure that all administrative requirements as designated by
    the 2,Shoreline
    Managemnent Adt. and this master program are accomplished in
    processing shore-
    line substantial development permit applications.I
    S. Insofar as possible, ensure that all foreseeable and pertinent
    data, corres-
    pondence, and testimony regarding permit applications has
    been considered and
    is in order prior to review.
    C. Present permit applications for secondary and conditional
    uses, together with
    any findings and recommendations to the shoreline management
    advisory com-
    mission.
    7.  Present permit application, together with findings,
    evaluations, and recom-I
    mendations, to the board of county commissioners.
    S. Review all proper and complete substantial development permit
    applications
    for primary uses proposed in the unincorporated area of
    Jefferson -County..

    9.  Review any and all information, testimony, or correspondence from
    interested
    persons, groups, or agencies with respect to substantial development
    permit
    applications for primary uses proposed in the unincorporated area of
    Jeffer-
    son County.
    10. Make findings and evaluations, and thereafter formulate and transmit
    recom-
    mendations to the board of county commissioners that permits be
    granted or
    denied for primary uses, with respect to compliance with the
    Shoreline
    Management Act and this master program.
    tl. Condition any permit recommended for approval associated with "j"
    above in
    order to prevent undesirable effects of the proposed use, as well as
    bring-
    ing about conformance with the goals, policies, and/or standards of
    this
    master program.
    12. Provide technical and administrative assistance to the shoreline
    Commission,
    board of county commissioners, and city council relative to the
    Shoreline
    Management Act and this master program.
    13. Act as the primary liason between local and state agencies in the
    adminis-
    tration of the Shoreline Management Act and this master program.
    14. Make administrative decisions and interpretations regarding the
    Shoreline
    Management.Act and this master program.
    15. Seek remedies for either violations of the Shoreline Management Act
    or this
    master program, or for noncompliance with conditions of any approved
    sub-
    stantial development permit issued by Jefferson County or the City of
    Port
    Townsend.
    16. Assist in the development and processing of any proposed adjustments
    of this
    master program.
    17. Insofar as possible, ensure that all foreseeable pertinent data,
    correspon-
    dence, testimony, and recommendations on proposed adjustments to this
    master
    program are considered and are in order prior to review.
    18. Present proposed adjustments to this master program, together with
    findings
    and recommendations, to the board of county Commissioners and city
    council.
    19. Undertake measures to inform the citizens of Jefferson County and the
    City
    of Port Townsend of the philosophy, purposes, goals, requirements,
    implica-
    tion-,-dand technical considerations associated with the Shoreline
    Management
    Act and this master program.
    t.
    6.40 City Administrator
    There shall began administrator appointed by the Mayor of the City of
    Port
    Townsend.
    The responsibilities and duties of the city administrator shall
    include
    those hereafter outlined:
    1.  Advise citizens and applicants bf substantial development permits of
    admin-
    istratiye requirements of the Shoreline Manegement Act and this master
    pro-
    gram.
    2. Present permit applications, together with findings, evaluations, and
    recommendations, to the dity council.
    3. Review all proper and complete substantial development permit
    applications
    for primary uses proposed with the corporate limits of the City of
    Port
    Townsend.
    4. Review any and all data, testimony, or correspondence from interested
    per-
    52

    sons, groups, or agencies wiith respect to substantial
    development permit
    applications for primary uses proposed within the corporate
    limits nf the
    City of Port Townsend.
    5. M4ake findings and evaluations and thereafter formulate and
    transmit recomn-
    mendations to the City Couincil that permits be granted or
    denied for primaryI
    uses, with respect to compliance with the Shoreline
    Management Act and this
    master program.
    6. Condition any permit recommended for approval associated with
    '3e" above
    in order to prevent undesirable effects of the proposed use,
    as well as
    bringing about conformance wiith the goals, policies, and/or
    standards of
    this master program.
    *7.  Provide technical and administrative assistance to the
    shoreline commission
    and City Council relative to the Shoreline Management Act
    and this master
    program.
    Make administrative decisions and interpretations regarding
    the Shoreline
    * Management Act and this master program.
    ~.Seek remedies for either violations of the
    Shoreline'Management Act or this mas-
    ter program or for noncompliance with conditions of -any
    approved substantial
    development permit issued by the City of Port Townsend.
    IJO. Assist in the development'and processing of any proposed
    adjustments of this
    master program.

    6.50 County Commissioners and City Council
    The Jefferson County Board of Commissioners and the Port
    Townsend Council,I
    with respect to their separate jurisdictions, are the sole local
    authorities
    empowered to grant or'deny a substantial development permit.
    The responsibilities and duties of the hoard of county
    commissioners andI
    City Council with respect to this master program include those
    hereafter outlined:
    a.  Consider, through public hearings or other means all
    pertinent data, testi-
    mony, correspondence, findings, evaluations, recommendations,
    and condi tions
    related to any application for substantial development
    permit.
    2.  Accept or reject any recomnmendation and/or condition(s), or
    portion thereof,,
    or dieVelop additional or now condition(s, and thereupon take
    action to grant
    ~or deny applications for permits with r'espect to compliance
    with the Shor-e-I
    "line M-anagement Act and this master program.
    3.  Seek remedies for -either vio-lations of the Shoreline
    Management Act and this
    master program, or for noncomoliance with conditions for
    any,approved permit
    issued by Jefferson County ot City of Port Townsend..
    4.  Act as an appeals board to adjudicate grievances brought
    forth by a person
    regarding administrative decisions or interpretations
    associated with.the
    Shoreline Management Act or- this master program.
    5.  Consider through public hearings all pertinent data,
    testimony, correspon-
    dence, findings, and recommendations related to any proposed
    adjustments to
    this master program.U
    6.  Accept or reject any recommnendation, or portion thereof, and
    thereupon take
    action to adopt or not adopt any proposed adjustments to this
    master program.

    53

    6.60 Application
    Any person(s) who wishes to conduct substantial development within
    the
    geographic jurisdiction of this master program shall apply to Jefferson
    County
    or the City of Port Townsend through the Jefferson County Planning
    Department
    for a shoreline management substantial development permit.
    6.601  Procedure
    The following procedure shall be applied to the processing of
    shoreline
    management substantial development permit applications in order to assure
    that
    review of an application is expedient and equitable:
    1. An applicant must submit a proper and complete application in
    accordance
    with W.A.C. 173-14-050 to the planning department on forms so
    designated.
    2. An applicant must submit a proper and complete environmental
    assessment, or,
    if'appropriate, environmental impact statement, in accordance with
    W.A.C.
    197-10 to the planning department on forms, or in a format, so
    designated.
    3.  Application fees must be paid in accordance with Subsection 6.602 of
    this
    master program-to the planning department.
    4. In carrying out their duties and responsibilities described under
    Subsec-
    tions 6.30 or 6.40 of this master program, the planning department or
    city administrator, upon accepting an application may require
    inspections
    of the subject site and/or additional information or studies it deems
    necessary.
    5. Upon submitting an application, the applicant must remain in reasonable
    contact with the planning department or city administrator, assisting
    in
    site inspections and/or providing additional information or studies
    pursu-
    ant to item four above.
    6. Public notice of the application shall be made in accordance with
    Subsection
    6.603 of this master program by the planning department.
    7.  Any local, -state, or federal agency that may have interest in the
    proposed
    project shall be notified by the planning department for any comments
    that
    agency or department may have.
    8. After all pertinent data and input has been accumulated, a public
    hearing
    shall be scheduled for any secondary or conditional use applications,
    or
    for any variance requests, or, in the case of primary use
    applications, may
    t be scheduled. Public notice of public hearing shall be made in
    accordance
    with Subsection 6.603 of this master program.
    9.  Public hearings shall be conducted in accordance with Subsection 6.604
    of
    this master program.
    10.  The shoreline management advisory commission shall review secondary
    and
    conditional use applications as outlined under Subsection 6,602 of
    this
    master program, and the planning department or city administrator
    shall
    review primary use applications as outlined under Subsections 6,30 and
    6.40 of this master program.
    11.  The board of county commissioners and city council, with respect to
    their
    separate jurisdictions, shall act on applications as outlined under
    Subsec-
    tion 6.50 of this master program. The board of county commissioners or
    city council may refer an application back to the shoreline
    commission,
    planning department, or city administrator for further review,
    12. The planning department shall transmit within eight (8) days final
    action
    taken on an application to the applicant, Washington State Department
    of
    Ecology, Wahington State Attorney General, and any person who has
    requested
    such.
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    13. A person who is aggrieved by action taken on an application
    may appeal the
    decision in compliance with Section 8 of this master
    program.
    14. A recipient of a shoreline management substantial
    development permit from
    Jefferson County or the City of Port Townsend shall not
    commence development
    or construction.until thirty (30) days from the date of
    permit approval for
    primary use permits, thirty (30) days from the date of
    filing with the
    Washington State Department of Ecology for secondary and
    conditional use
    permits, or until all appeal proceedings have terminated.I
    15. Any development, construction, or activity conducted
    pursuant to a sub-
    stantial development permit issued by Jefferson County or
    the City of Port
    Townsend shall be completed within any time limits for
    completion that are        1
    imposed as a condition of permit approval, or that which
    are outlined under
    Subsection 6.607 of this master program.

    6.602  FeesI
    Application fees for shoreline substantial development
    permits are to
    be determined in the following manner: Primary use application
    fees are
    $100.00 each, secondary use application fees are $150.00 each,
    and conditional
    .use application fees are $175.00 each. In addition to the
    application fee,
    any variance requested from the standards of this master
    programn shall be, $25.00.
    6.603 Public Notice
    Notice of an application and its public hearing shall be
    made as follows:
    1.  The planning department shall publish legal notices at least
    once a week, on
    the same day of the week, for two consecutive weeks, in a
    newspaper of general
    circulation within the county or' city. Such notice shall be
    in accordance
    with the format prescribed by W.A.C. 173-14-070. An
    affidavit of publication
    shall be transmitted to the planning department by the
    newspaper.
    2.  The applicant shall post three public notices of application
    in separate and        I
    conspicuous locations on or reasonably near the site of the
    proposed develop-
    ment. Such notices shall be posted within one week of the
    first date of news-
    paper publication notice and shall be removed only after
    thirty (30) days from
    the last newspaper publication date has commenced. Such
    notices shall beU
    supp'lied to the applicant by the planning deprmn  ad shall
    be in a format
    prescribed by W.A.C. 173-14-070. An affidavit of posting,
    also~ supplied by
    the planning department, shall be submitted to  hedepartment
    by the appli-          I
    cant.
    3.  The planning department shall notify all adjacent property
    owners to the sub    -
    ject development site of the application within one week of
    the first date of
    newspaper publication notice in a format prescribed by the.
    department.
    4. The planning department shall publish at loast one legal
    notice of a scheduled
    public hearing, or continued public hearing, of an
    application at least ten
    (1)days prior to the public hearing, but not less than
    twenty (20) days from
    the last public'ation date of the public notice of
    application, in a hewspaper
    of general circulation within the county. The planning
    department shall also
    publish at least one notice of a cancelled public hearing of
    an application
    prior to the scheduled public hearing in a newspaper of
    general circulation
    within the county.  Affidavits of any publication of a
    public hearing or con   -
    tinued public hearing shall be transmitted to the planning
    department by the
    newspaper.
    5. The planning departmient may also require or give additional
    notice of an
    application or public hearing as it deems advisable.
    55

    6.604  Public Hearing
    Public hearings for shoreline management substantial development
    permit
    applications shall be conducted in the following manner:
    1. A public hearing may be conducted on proposed primary uses at the
    discre-
    tion of the board of county commissioners or city council, with
    respect to
    their separate jurisdictions.
    2. A public hearing shall be conducted on proposed secondary and
    conditional
    uses by the shoreline commission.
    3. Additional public hearings on secondary or conditional uses may be
    conducted
    by the board of county commissioners or city council at their
    discretion.
    In no event shall  any additional public hearing be conducted until a
    recommendation on the permit in question has been received from the
    shoreline
    commission.
    4. An accurate and precise record of all public hearings shall be kept
    and shall
    be available for public inspection.
    5.  Notice of public hearings shall be made in accordance with Subsection
    6.60 of
    this master program.
    6.605 Bonds
    To guarantee that conditions imposed in conjunction with permit
    approval
    are completed, the board of county commissioners or city council, with
    respect
    to their separate jurisdictions, may require the applicant to post a
    perform-
    ance bond in an amount satisfactory to the board orcouncil.
    Any such bond shall be from a reputable bonding company in a form
    acceptable
    to the Jefferson County Prosecuting Attorney for Port Townsend.
    6.606 Revisions
    When Jefferson County or City of Port Townsend receives application
    to
    revise a substantial developemnt permit previously granted, the
    procedure
    hereafter outlined shall be followed:
    1. The Jefferson County Planning Department or the City Administrator
    for Port
    Townsend, with respect to their separate jurisdictions, shall first
    determine
    if the desired modifications are within the scope and intent of the
    original
    permit, as determined under the criteria set forth in W.A.C. 173-14-
    074(2).
    2.  If thOe. modifications are determined as being within the scope and
    intent of
    the original permit pursuant to W.A.C. 173-14-064(2), a new and
    complete
    application shall be processed in compliance with Section 6 of this
    master
    program.
    3. If the proposed modifications are determined not to within the scope
    and
    intent of the original permit pursuant to W.A.C. 173-14-064(2), the
    local
    legislative authority shall review and thereafter approve or deny the
    request for permit revision. Approved permit revisions shall be
    processed
    in accordance with W.A.C. 173-14-064(4).
    6.607  Expiration
    Criteria for determining when a substantial development permit
    expires
    is as follows:
    1.  Construction or substantial progress toward construction of a
    project for
    which a shoreline permit has been granted pursuant to this section
    must be
    undertaken within two (2) years after permit approval or the,permit
    shall
    56

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    expire. If such progress has not been made, a new shoreline permit
    applica-
    tion will be required.
    2. If a project for which a shoreline permit has been granted has not been
    completed within five (5) years after permit approval, Jefferson County
    or the
    City of Port Townsend shall  at the expiration of the five year period
    review
    the permit and upon a showing of good cause either extend the permit for
    one year or terminate the permit; provided no. shoreline permit shall be
    extended unless the applicant has requested such review and extension to
    the expiration date.
    3. Jefferson County or City of Port Townsend may issue permits with a fixed
    termination date of less than five (5) years, and construction
    implementa-
    tion date of less than two (2) years.
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    SECTION 7

    VARIANCES

    Subsections
    7.10 General Variances
    7.20 Administrative Variances

    7.10 General Variances
    Variances from policies, performance standards, procedures, or other
    matters contained herein may be permitted where there are extraordinary
    or
    unique circumstances relating to the property such that the strict
    implementa-
    tion of the master program would impose unnecessary hardships on the
    applicant
    or thwart the purpose and goals set forth in Section I of this master
    program.
    7.101 Application
    A variance request shall be submitted in writing to the Jefferson
    County
    Planning Department and shall be considered an integral part of the
    permit
    application. Such request shall include the variance requested and shall
    con-
    tain a statement of the applicant's justification based on the applicable
    review criteria and/or findings under Subsection 8.103 below.
    7.102 Public Hearing
    The Jefferson-Port Townsend Shoreline Management Advisory Commission
    shall
    conduct a public hearing on general variance.requests, of which notice
    shall be
    made in accordance with requirements set forth in R.C.W. 90.58.
    7.103 Review Criteria and/or Findings
    t
    In reviewing a variance application, the Jefferson County Board of
    Commis-
    sioners or Port Townsend City Council shall make the applicable following
    find-
    ings:
    1.  Variance applications for development subject to Section 5 of this
    master
    program ("Non-Water Dependent Uses or Structure") may be authorized
    provided
    the applicant can demonstrate items seven through nine below.
    2.  Variance applications for developments that will be located landward
    of the
    ordinary high water mark and not within areas defined herein as
    marshes,
    bogs, or swamps, may be authorized provided the applicant can
    demonstrate
    items four through nine below. In addition, the applicant must
    demonstrate
    that the strict application of the policies, procedures, or
    performance
    standards set forth in this master program precludes or significantly
    interferes with a reasonable permitted use of the property.
    3.  Variance applications for developments that will be located either
    waterward
    of the ordinary high water mark or within marshes, bogs, or swamps,
    as
    58

    defined in this master program, may be authorized provided the applicant
    can demonstrate items four through nine below. In addition, the
    applicant
    must demonstrate-that: (a) the strict application of the policies,
    proce-
    dures, or performance standards set forth in this master program
    precludes
    a reasonable permitted use of the property; and (b) the public rights of
    navigation and use of the shorelines will not be adversely affected by
    the
    granting of the variance.
    4.  The hardship, as described in either item two or three above, is
    specific-
    ally related to the property, and is the result of unique conditions
    such
    as irregular lot shape, size, or natural features and the application of
    this master program and not, for example, from deed restrictions or the
    applicant's own actions.
    5.  The design of the project will be compatible with other permitted activ-
    ities in the area and will not cause adverse effects to adjacent proper-
    ties or the shoreline environment designation.
    6.  The variance authorized does not constitute a grant of special privilege
    not enjoyed by the other properties in the area, and will be the minimum
    necessary to afford relief.
    7.	The public interest will suffer no substantial detrimental effect.
    8.	The variance will be in harmony with the general purpose and intent of
    this
    master program.
    9.  In the granting of all variance applications, consideration shall be
    given
    to the cumulative impact of additional requests for like actions in the
    area. For example, if variances were granted to other developments in
    the
    area where similar circumstances exist, the total of the variances
    should
    also remain consistent with the purpose, goals, and policies of this
    master
    program and should not produce substantial adverse effects to the
    shoreline
    environment.
    7.104  Approval
    In order to comply with R.C.W. 90.58.140(12), any requests for
    variances,
    except administrative variances, shall be submitted to and action taken by
    the
    Washington State Department of Ecology subsequent to issuance of related
    substantial development permits byJefferson County or the City of Port
    Townsend.
    , The Washington State Department of Ecology shall render and transmit to
    Jefferson County or the City of Port Townsend and the applicant its final
    decision approving, approving conditions, or disapproving the permit within
    thirty (30) days of the date of filing with the Washington State Department
    of
    Ecology by Jefferson County or the City of Port Townsend pursuant to W.A.C.
    173-14-130.

    7.20 Administrative Variances
    Variances from the administrative procedures portions of this master
    pro-
    gram may be granted by the Jefferson County Board of Commissioners or Port
    Town-
    send City Council upon recommendation of the Jefferson County Planning
    Depart-
    ment or City of Port Townsend Administrator, when the board or council is
    assured the variance is in keeping with the general intent of this master
    pro-
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    and
    their judgement
    will
    in doing so may require their own conditions,
    which ii
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    procedures or
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    varied.

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    : :
    :: :

    SECTION 8

    LEGAL PROVISIONS

    Subsections
    8.10 Violations and Penalties
    8.20 Appeals
    8.30 Servability
    8.40 Effective Date
    8.50 Adoption

    8.10 Violations and Penalties
    8.101 Court ACtions
    The Washington State Attorney General, or the attorney for Jefferson
    County or the City of Port Townsend, shall bring such injunctive,
    declaratory,
    or other actions as are necessary to ensure that no uses are made of the
    shorelines of the state in conflict with the provisions of the Shoreline
    Manage-
    ment Act or this master program, and to otherwise enhance the provisions
    of each.
    8.102 General Penalty
    In addition to incurring civil liability under R.C.W. 90.58.210 a)d
    'Sub-.
    section 8.101 above, any person found to have willfully engaged in
    activities
    on the shorelines of the state in violation of the provisions of this
    section
    or any of the master programs, rules or regulations adopted pursuant
    thereto
    shall be guilty of a gross misdemeanor, and shall be punished by a fine
    of not
    less than twenty-five dollars ($25) nor more than one thousand dollars
    ($1,000)
    or by imprisonment in the county jail for not more than ninety (90) days,
    or
    by both such fine and imprisonment; provide81the fine for the this and
    all
    subsequent violations in any five (5) year period shall not be less than
    five
    hundred dollars ($500) nor more than ten thousand dollars ($10,000).
    8.103 Violator's Liability for Damages
    Any person subject to R.C.W. 90.58 or this master pgoram who violates
    any
    provision of the act or master programor permit issued pursuant thereto
    shall
    be liable for all damage to public or private property arising from such
    viola-
    tion, including the cost of restoring the affected area to its condition
    prior
    to violation. The attorney general or local government attorney shall
    bring
    suit for damages under this section on behalf of the state or local
    govern-
    ments. Private persons shall have the right to bring suit for damages
    under
    this section on their own behalf and on the behalf of all persons
    similarly
    situated.  If liability has been established for the cost of restoring an
    area
    affected by a violation, the court shall make provision to assure that
    restora-
    tion will be accomplished within a reasonable time at the expense of the
    viola-
    60

    tor. In addition to such relief, including money damages, the court in
    its
    discretion may award attorney's fees and costs of the suit to the
    prevailingI
    *party.
    8.104  Violation of Permit Con ditions
    Any substantial development permnit may, after a hearing with notice
    to the
    permittee and the public, be rescinded by Jefferson County or the City
    of Port
    Townsend upon the finding that a permittee has not complied with the
    conditionsI
    imposed with the permit.
    In the event the Washington State Department of Ecology is of the
    opinion
    that such non-compliance continues to exist, the department shall
    provide wri-,tt-en
    notice to Jefferson County or the City of Port Townsend and the
    permittee. If
    the county or city takes no action to conduct a hearing within thirty
    (30) days
    of the written notice, the department may then petition the Wiashington
    State
    Shorelines Hearings Board for a rescission of such permit within fifteen
    (15).
    days of the termnination of the thirty day notice to the county or city.
    Notice
    of such petition shall be miade to the county and city and the
    permittee.

    8.20 Appeals
    2.201 Administrative Appeals
    Any person who considers their self aggrieved by an administrative decision
    C~r interpretation associated with the R.C.W. 90..58 or this master
    program shall,
    without delay, appeal in person to the Jefferson County Board of
    Commissioners
    ,or Port Townsend City Council with respect to their separate
    jurisdictions for
    adjudication of the grievance.
    The Jefferson County Board of Commissioners or Port Townsend City
    CouncilI
    shall not make decisions regarding administrative appeals without
    benefit of
    counsel from the Jefferson County Prosecuting Attorney or the City of
    Port Town-
    send Attorney.
    8.202 Substantial Development Permiit Appeals
    - Any person aggrieved by the granting or denying of a permit on
    shorelinesI
    of the state, or. rescinding a permit pursuant to R.C.W. 90.58 as now or
    here-.
    after amended, may seek review from the Wlashington State Shorelines
    Hearings
    .Board by filing a request for the'same within thirty (30) days
    of.r~eceipt ofI
    ,the final order~. Concurrently, With the filing of any request for
    review with
    the Washington State Shorelines Hearings Board as provided in this
    section
    pertaining to a final order of a local goverment, the requestor shall
    file aI
    copy of this request with the Washington State Department of Ecology and
    the
    Washington State Attorney General. If it appears to the department or
    attorney
    general that the requestor has valid reason(s) to seek review, either
    the
    department or the attorney general may certify the request within thirty
    (30)
    days after its receipt to the shorelines hearings board following which
    the
    board shall then b-ut not otherwise. review the matter covered by the
    requestor; provided the failure to obtain such certificationi shall not
    preclude
    the requestor from obtaining a review in the Washington State Superior-
    Court
    under any right to review otherwise available to the requestor. The
    department
    and the attorney general-may intervene to protect thepubli'cinterest and
    ensure

    that the provisions of R.C.W. 90.58 are complied with at any time within
    thirty
    (30) days from the date of the filing of the copies of the requestor.
    The department or attorney general may obtain review of any final
    order
    granting a permit, or granting or denying an application for a permit,
    issued
    by a local government by filing a written request with the Washington
    State
    Shoreline Appeals Board and the appropriate local government within
    thrity (30)
    days from the date the final order was filed, as provided under R.C.W.
    90.58.
    .140(5).
    In any review of the granting or denial of an application for a
    permit,
    the person requesting the review shall have the burden of proving that
    the
    proposed substantial development is inconsistent with the criteria which
    must
    be met before a permit is granted.

    8.30 Servability
    If any chapter, section, subsection, or other portion of this master pro-
    gram is held invalid by an court of competent jurisdiction or any review
    authority provided by R.C.W. 90.58, such holding shall not affect the
    validity
    of the remaining portions of this master program unless so specified.

    8.40 Effective Date
    This master program, as amended, is effective this
    1981, upon adoption by the Washington State Department of Ecology as
    provided
    under R.C.W. 90.58.090.

    8.50 Adoption
    This master program, as amended, is hereby approved by the
    Jefferson-Port
    Townsend Shoreline Management Adviosry Commission this
    1981.
    JEFFERSON-PORT TOWNSEND SHORELINE
    MANAGEMENT ADIVOSRY COMMISSION

    J. Edward Richey, Chairman
    This master program, as amended, is hereby approved by the City of
    Port
    Townsend Mayor and Council this
    CITY OF PORT TOWNSEND

    The Honorable Barney McClure, Mayor
    62

    I
    This master program, as amended, is hereby approved by the
    Jefferson
    County Board of Commissioners this
    JEFFERSON COUNTY BOARD OF COMMISSIONERS
    I
    B.G. Brown, Chairman
    I
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    I
    I
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    I
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    63
    V U

    SECTION 9
    REVISIONS

    Subsections
    9.10 Master Program Revisions
    9.20 Substantial Development Permit Revisi-ons

    9.10 Revisions
    In order to comply with R.C.H. 90.58.190, Jefferson County and the
    City
    of Port Townsend shall periodically review this master program and make
    such
    adjustments: that are desirable or necessary.
    The Jefferson County Board of Commissioners or Port Townsend City
    Council
    may initiate or undertake an amendment to this program according to the
    pro-
    cedures prescribed under R.C.W. 36.70 for amendments to a
    comprehenisive plan.
    Any such amendments shall be reviewed by the Jefferson-Port Townsend
    Shoreline
    Management Advisory Commission.
    Any such revisions or adjustments shall be submitted to the
    Washington
    State Department of Ecology only after completion of at least one
    public hear-
    ing in accordance with the'requirements set forth under W.A.C. 173-19-
    062, and
    upon favorable recommendation by the Jefferson County Board of
    Commissioners
    and Port Townsend City Council. No such revision or adjustment shall
    become
    effective until it has been approved by the Washington State Department
    of
    Ecology.

    9.20 Permnit Revisions
    Once a substantial development permit is granted, any revision to
    the
    permit shall be done only by Jefferson County or the City of Port
    Townsend,
    ai4d then only in compliance with Subsection 6.606 of this master
    program.
    64