Shoreline master program for the Thurston region New/Revised Language

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

NEW/REVISED LANGUAGE

SHORELINE MASTER PROGIRAM FOR THE THURSTON REGION

March 3, 1989

NEW/REVISED MASTER PROGRAM LANGUAGE

II. PERMITS (Pages 1-2)

A. Substantial Development Permit

"...Substantial development is defined as any development of which the total cost or fair market value exceeds two thousand five hundred dollars (2,500), or any development which materially interferes with the normal public use of the water or shorelines of the state. The law provides a limited number of exceptions to this permit requirement (refer to RCW 90,58,030(3)(e))."
D. Letter of Exemption from Substantial Development Permit Process
All developments that are not defined as substantial developments are exempted from the requirement to obtain a Shoreline substantial Development Permit. However, these developments must still comply with the standards of the Shoreline Master Program. In addition, these developments may still need a shoreline conditional Use Permit or a Shoreline Variance.
A project proponent must obtain the approval of the local government where the development will occur. That jurisdiction will ensure that it conforms to the Shoreline Master Program and to state law. If it complies, a letter of exemption states that there are no further Shoreline permits to obtain, and may contain conditions which the proponent must meet.
E. Nonconforming Uses, Lots and Structures (pages 8-9)
6. Development of Nonconforming Lot. When lot size would prevent development of a nonconforming lot consistent with the applicable setback requirements the administrator may authorize development under the following conditions:
a. A written request is received from the project proponent.
b. The development will be located as far landward as possible from the ordinary high-water mark.
c. The decision of the administrator is based upon the criteria found in WAC 173-14-150 (Review Criteria for Variance Permits), as adopted and hereagter amended.

Upon receiving a written request, the administrator shall mail notice of the request to all property owners within 300 feet. At a minimum, the notice shall state the following:
This change adopted by state several years ago.
The master program has an introductory section tht explains Substantial Development permits, Conditional Use Permits, and Variances. This new section adds an explanation of Letters of Exemption and discusses the process.
This section allows the Shoreline Administrator to administratively authorize development on lots that are too small or oddly-shaped to meet setback requirements. The section has been revised to give more guidance and add criteria on when to authorize such development.

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554
1989

(a) The decision on the request will be made within ten days from the date that the notice was mailed; and
(b) Interested citizens may contact the shorline administrator for further information and to learn the administrator's decision.
Appeal of the administrator's decision shall be made in accordance with the procedures of appeal established in the affected jurisdiction's land use regulations.
F. Amendments (page 10)
6. The following process is recommended when substantial revisions to the Master Program are desired by one or more of the jurisdictions using the program. It is initiated by one or more jurisdictions proposing to Thurston Regional Planning Council (TRPC) that a review be undertaken. If TRPC agrees, the following process will begin:
a. TRPC will appoint an advisory committe to review the areas of concern and develop recommendations. The advisory committee will consist of voting and non-voting members. The voting members, who represent the public and various interest groups are:
(1) One respresentative from the planning commission of each local government using the Shoreline Master Program;
(2) One representative from each affected Indian Tribe:
(3) One representative from the Port of Olympia:
(4) Eight members of the general public chosen to represent a vairety of interest groups.
(5) Other respresentatives as deemed appropraite by TRPC.
The nonvoting members, who proved technical expertise and advie to the voting members, are:
(1) One staff planner from each local government using the Shoreline Master Program:
(2) One staff member from the Thurston County Economic Development council:
(3) One staff member from the Port of Olympia;
(4) One staff member each from the Washington Departments of fisheries, wildlife, and ecology;
(5) Other representatives as deemed appropriate by TRPC.
b. The draft recommendations from the advisory committee should be submitted to each local government using the Master Program prior to the final meeting of the committee. This is intended to provide an opportunity to resolve any problems at the advisory committeee level.
c. The draft recommendations from the advisory committee shall be submitted to the Department of Ecology for informal review and approval. This should be done on an on-going basis as the advisory committee develops its recommendations and/or prior to the final meeting of the committee.

The master program defines the process for minor amendments. However, there is no process outlined for major amendments. The process is "re-invented" each time major amendments are prepared. This subsection adds the same process that was used this time.

d. The recommendations of the advisory committee are submitted to
TRPC for review and approval.
e. TRPC forwards the changes as approved to the affected local
jurisdictions for review and approval.

f. The adopted changes are submitted to the Department 0f
Ecology for final adoption.
.
7. Special Area Management Plans are encouraged for specific This is intended to encourage preparation, such as the
geographic areas, such as for river corridors. A Special Area Percival Creek Corridor Plan.
Management Plan may include policies, use regulations, and changes
to existing environmental designations.

SECTION TWO - GENERAL GOALS AND POLICIES

V. REGIONAL CRITERIA (page 12)

C. Future water-dependent or water-related industrial uses shall be This addition reflects the view that water-related uses are closely connected.
channeled into shoreline areas already so Utilized or into those shoreline to water-dependent uses and should be addressed similarly.
areas which lend themselves to suitable industrial development. Where
industry is now located in shoreline areas that are more suited to other
uses, it is the policy of this Master Program to minimize expansion of
such industry.

VII. SHORELINE ENVIRONMENTS (page 15)

D. SUBURBAN ENVIRONMENT

Purpose. The purpose of the Suburban environment is to allow This is a statement of the purpose, definition and goals of the new
residential development at urban densities and recreational development. "Suburban" environmental designation.

It is not intended to be applied to existing ndustrial an
areas.

Definition. The "Suburban" environment designates shorelines which are
developed with residential uses at an urban density and/or recreational
uses that improve the public's ability to use the shoreline. This
environment can only be applied to lands within the urban growth area as
detined by the Urban Growth Management Planning Area document, signed
by Thurston County, Lacey, Olympia, and Tumwater on June 20, 1988, or
as hereafter revised. This environment is characterized by
moderate-intensity land use and moderate to intensive water use. Visual
impact is variable with a moderate to high number of permanent
structures. Recreational activities and public access to the shoreline are
encouraged to the extent compatible with other uses and activities
designate for this environment.

Goal Statements

1. Economic Development. Available resources should be utilized
consistent with the purpose and definition of this environment.

2. Public Access. The goal is to plan for, and, where appropriate,
acquire visual and physical access to the water.
3. Circulation. The goal is to provide facilities that are necessary only
for approved uses. Trail systems for safe nonmotorized traffic are
to be encouraged. Major planned circulation systems for motorized
vehicles should be located away from shoreline areas where possible.

4. Recreation. The goal is to assure diverse, convenient and adequate
water-related recreational opportunities along the shorelines.

5. Shoreline Use. Shoreline uses are to be distributed in such a
manner as to minimize transportation costs, conflicts between
adjacent uses, and to avoid uses having adverse effect
natural systems.

6. Conservation. The goal is to have sound management in the
conservation of all human and natura resources within the Surburban
environment.
7. Historic and Cultural Values. This goal shall be to promote, protect
and reserve historical, cultural, scientific or educational values on
shoreline where these values are acknowledged.
8. Restoration. This goal is to restore to a useful or original condition
those areas (including waters) which are blighted by present uses,
discontinued uses and dilapidated or abandoned structures.

SECTION THREE--POLICIES AND REGULATIONS FOR USE ACTIVITIES

1. AGRICULTURAL ACTIVITIES (page 20)

.D. Environmental Designations and Regulations
1. Urban, Suburban, Rural, and Conservancy environments. All types This adds the new Suburban environment and defines the a gricultural uses
of agricuff-ureare allowed provided the activities are consistent with allowed.
the policies and general regulations of this program.

Il. AQUACULTURAL ACTIVITIES (Page 21)

A. Scope and Definition
Aquaculture involves the culture and farming of food fish, shellfish, and The addition of "fish hatcheries" to the Scope and Definition section makes it
other aquatic plants and animals in lakes, streams, inlets.. bays and clear that these are considered a form of aquaculture. This is of particular
estuaries. Aquacultural practices Include the hatching, cultivating, interest to Thurston County because there are several freshwater hatcheries
planting, feeding, raising, harvesting. and processing of aquatic plants in south Thurston County, and the potential exists for more.
and animals, and the maintenance and construction of necessary
equipment, buildings and growing areas. Method of aquaculture Include,
but are not limited to fish hatcheries, fish pens, shellfish rafts, racks
and longlines, seaweed -fro_a_ts`__a_n_d__t_Fe culture of clams and oysters on
tidelands and subtidal areas.

D. Environmental Designations and Regulations

1. Urban, Suburban, Rural, Conservancy and Natural-Aquatic This adds the new Suburban environment and defines the aquacultural uses
Environments. = types of aquaculture are allowed, provided the allowed.
operation is consistent with the policies and regulations of this
program and chapter.

Ill. ARCHAEOLOGICAL AREAS AND HISTORIC SITES

A. Scope and Definition
Thesse tna include ancient villag ta forts, old settlers' homes, This section was in the 1975 Master Program, but was inadvertently left out
g_t@. t 0 y ana scenic 1 6rl of the 1984 revision. It is largely unchanged except for clarifications and
w ns trails Mesm"a- -angoned cemeteries an ot er
establishments, 171-ggingsmonuments, Native X-merican sites updates of state agencies responsible for archaeology and historic
and sites of former eloneer buildings. preservation.

B. Policies
1. Because archaeol2gical, -.areaws,tand historic sites are nonrenewable
educational tools an as h -6e preserved
r- L",e,+ast, th2j_@F_o@Fd
regardless of the environment n c they are located.

2. Areas proposed for development, and specifically identified by the
Washington Office of Archaeology and Historic Preservation, County
Certified Local Governments, concerned tribes or similiar agencies, as
being granted until all these agencies have an opportunity to comment on
the particular project.
3. New sites uncovered during excavation or development should be
reported by the developer to the local shorelines agency to enable
other appropriate agencies to investigate the find. Local government
should coordinate with these agencies to preserve important sites.
4. The National Historic Preservation Act of 1966, and the Revised Code
of Washington (Chapter 43.51), provide for the protection
rehabilitation, restoration and reconstruction of districts, sites,
buildings, structures and objects significant in American and
Washington pre-history, history, architecture, archaeology and
culture. The state legislature has named the Director of the
Washington State Historic Preservation Officer as the person
responsible for this program. Prehistoric sites discovered during
development should be reported under this program for possible or preservation, restoration, and the necessary financing.

5. Prehistoric and historic areas and structures located in waterfront
areas should be preserved. If parking or vehicular access required
by this or other codes would adversely affect these historic areas or
structures, alternatives such as allowing a reduction in required
parking should be reconsidered.

C. General Regulations

1. If artifacts and items of historical and archaeological Interest are
discovered during the excavation or development along shorelines,
the excavation or development must immediately be stopped, and the
find must be reported to the local shorelines agency. The local
government shall notify appropriate agencies of the find. These
agencies may include the Washington Office of Archaeology and
Historic Preservation, the Washington Archaeological Research
Center, the State Historical Museum, Certified Local Governments,
concerned tribes and local historical societies.
2. The local shorelines agency shall arrange for inspection of the site
within seven calendar days by one or more professional
archaeologists or historians. These individuals shall make
recommendations as to site restoration, site protection, or removal of
artifacts, or loss of the site to development, so that the site may be
used as intended, or compensation may be made as feasible
at the time. The local shorelines agency shall review the
recommendations and decide on the course of action within seven
calendar days of receiving the recommendations.
3. Conditions may be attached to Shoreline Permits- to protect historic
sites or artifacts as long as normal permit procedures are followed.

4. Where known sites (as reorded by the Washington Archelogical Research Center or the Washington State Office of Archeology and
Historic Preservation) are proposed for development, the local shorlines agency shall consult these agencies for their recommendations,
and may deny the Shoreline Permit where the historic or archelogical value of the site outweighs the development value.
5. A Conditional Use Permit may be required for development of single-famaly residences where protection of historic and archelogical
sites factor. IV. BOATING FACILITIES (Page 24) A. Scope and Definition Boating facilities include marinas , boat ranp s, piers ,
docks, boathouses, mooring buoys, recretional floats and marie railways. "Boat ramps" are constructed of concrete or other material
which extends onto the water and tidelands for boat launching. And "marina" is a water-dependent facility that provides wet ans/or dry
moorage for over ten (10) boats and other related sales and maitenance service."Piers and docks" are structures generaly built
from shore extending out over the water to provide moorage for commercial and/or private recreation water craft or float planes
or for water oriented recreational use. When a pier or dock is to serve ten (10) or more boats, it is considered a marina an dmust
comply with the marina regulations and not the regulations for piers and docks.They may either be anchored to and floating or permanently
fixed to pilling.A "mooring buoy" is an anchored floating device for the purpose of securing a watercraft. "Recreational flaots"
are anchored platforms detached from the shoreline for water dependent recreational activities such as swiming and diving.
"Marine railways" are a pair of sloping tracks used to launch watercraft."Covered moorage" is a roofed structure for the wet
or dry storage of one or more bats. "Boathouses" are a type of one (1)boat. 8. Policies Marinas and Launcing Ramps:2. Shallow
water embayments with poor flushing action should not be utilized for marinas or boat launching facilities. 3. Marinas and
launching ramps should be located to minimize the need for continual dredging, filling , beach feeding, and other river, lake ,
harbor, and channel maintenance activites.4. Full handeling and storage procedures that minimize accedental spillage and provide
stisfactory means for handeling those spills that do occur should be required.

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5. Solid and liquid wastes and untreated effluents should not be allowed to enter any bodies of water or to be discharged onto the land.
6. Where wet moorage is offered, pump-out or tretment facilities should be provided by the marinas for sewage contained on boats to
protect water quality.
7. In locating marinas, the adverse effects of construction and operating of the facility upon fish and shellfish should be minimized.
C. Regulations marinas and Launching Ramps Marinas and launch ramps shall be located in areas there is adequate water mixing and flushing
and shall be designed not to retard or negatively influence flushing characteristics.3. Marinas and laundh ramps shall be located
on stable shorelines where water depths are adequate to eliminate or minimize the need for dredging , spoil disposal, filling ,
beach feeding and other river, lake , harbor and channel maintenance activities.4. All boating facilities, including marinas and boat yards
shall utilize effective measures onto prevent the relese of oil, chemicals, or other hazardous materials onto or into the water.
Such measures may include, but are not limited to, dikes catch basin or setting ponds, interceptor drains, and planted buffers.
5. For marinas offering wet moorage,pump-out and holding or treatment facilities shall be provided to handle contained on boats.
6. Marinas and their accessory facilities shall be located, designed, constructed and operated to minimize adverse effects on fish and
shellfish.7. In sensitive areas, such as near certified shellfish beds, the applicant shall be required to demonstrate that maximum
protection of shore features, water quality, and existing uses will be provided.Piers and Docks 16. Docks and Piers shall
be setback ten (10) feet of freshwater and twenty (20)feet on tidal water from the side prooperty line. These setbacks may be waived if
single-famaly property owners wish to construct a joint pier on the common property line under the following conditions:
a. Both property owners must record a non-exclusive easement granting each other the right to use the pier.

b . The easement must acknowledge that each 0 y -rter is
giving up the right to construct a separate single-lahly p..r.

D. Environmental Designations and Regulations (page 28)
2. Suburban and Rural environments. Marinas, boat ramps, piers, This adds the new Suburban environment and defines the boating facilities
docks, boa-t-90-1 ses, mooring buoy-i, recreational floats and marine allowed.
railways are permitted subject to the Policies and General
Regulatit,ris.

V. COMMERCIAL DEVELOPMENT

B. Policies

1 . Commercial developments which are p"JettkK4y water-dependent This reflects a more direct link to the revised definitions of water-dependent
upoft-theii- tore' -67--tTW-state-are and water-related.
pertMtted or water-related are encouraged.

2. Commercial development that will provide opportunities for the public
to enjoy the shorelines of the state will be considered.

3. New commercial developments an shorelines should be encouraged to
locate in those areas with existing commercial uses.

4. Commercial developments that are water-dependent an-s@We See above comment.
kwe+iam or water-related are encouragecFto provide public access.

5. Properties within the shoreline jurisdiction but separated from the
water by an arterial or state highway are exempt from the use and
public access requirements of this section, if consistent with the
following:

a. The proposed development is consistent with the use
requirements of the local zoning ordinance.

b. The proposed development Is consistent with the general Policies
and General Regulations of this Program, and the regulations of
the specific Environment Designation.

6. Commercial developments should be aesthetically compatible with the
surrounding area. Structures should not significantly Impact views
from upland properties, public roadways and fromAhe water.

7. Parking facilities should be placed inland, away from the immediate
water's edge and recreational beaches.

8. Commercial development should be discouraged within the 100-year
flood plain.

9. commercial developments which impair upstream or downstream land uses, wildlife hydrology are prohibited.10 . Commercial development
over the water for commercial uses should not be allowed except for those that are may be allowed for water dependent, or for
uses that provide significant public access to the water water-enjoyment uses.11. Buildings should only be allowed over-the-water
if an urban waterfront plan addressing the relivant issues is approved. 12. Water-enjoyment usues should not be located in areas
needed for water-dependent and water-related uses.13. Construction of over-the-water buildings should be consider impacts on
marine habitat.14. Over the water buildings should be allowed on marine waters characterized by urban development.C. General Regulations
1. Buildings over thirty-five (35)feet will be allowed if they do not obstruct the view of substantial numbers of residents
or upland properties. 2. Home occupations are busness conducted within a dwelling which is the bonafide residence of the principal
practitionaer. They are not considered as a commercial uses ion this program provided a zoning permit is obtained from
the jurisdiction and no alternative is made to the exterior of the structure.3. Home-based industries are small scale commercial or
industrial acticites on residentual parcels performed in a structure other than the residence. The principal practitiner must
provide it does not alter at the site is minimal. 4. Commercial uses that are water-dependent uses and uses associated with water
dependent activities must or water-related shall provide public access when feasible.5. Over-the-water buildings are allowed only on marine
shorelines.

6. Water dependent and water-enjoymant buildings will only be allowed over-the-water after an urban waterfront plan is approved
by the sffected jurisdiction responsible for processing the required shorelines Condition Use Permit.This plan must include the
following: a. There must be adequate provision for water-development and water-related uses.b. the Plan must consider view preservation
public access, traffic impacts, parking, and other upland site development requirements. c. The Plan must consider the potential impacts
to habitat posed by over-the-water construction.7. All stair towers meeting one of the following conditions must be designed
by a civil engineer: a. The location proposed is mapped as "Unstable" or "Intermediate Stability" in the Washington Coastal Zone
atlas prepared by the State Department of Ecology.b. All stair towers 24 feet in height or taller.c. Other instances where the building
building offical determines that site conditions dictate the preperations of the plans by a licensed civil engineer.8. Stair
towers shall be designed to nimize obstructing the views enjoyed by adjoining residents.D. Evironmental Designations and Regulations.
1. Urban Environment. The following commercial activities are allowed in the Urban Envionment.a. Water-dependent commercial uses.b.
retail usues associated with water-dependent activities such as boat sales, bait shops and fishing supplies stores.c. The following
over-the-water buildings may be allowed by Conditional Use Permit:(1) Water-dependent buildings subjects to the following crtieria:
(a)The applicant must evaluate potential impacts to habitat posed by the development and suggest measures to avoid, minimize or
migrate any identifed imacts.(b) They must be in the conformance with the overall urban waterfront plan discussed in general
regulation #6 above.

(2) Water-enjoyment buildings subject to the following
criteria.

(a) They must be in conformance with the overall urban
waterfront plan as discussed in general regulation #6
above.

(b) Existing public access must not be adversely
affected.

d. Public access must be provided for significant numbers of
people to enjoy the shoreline e.
e. They must be designed to take advantage of the amenities,
such as views, afforded by such locations.

f. The applicant must evaluate potential impacts to habitat posed
by the development and suggest measures to avoid, minimize or
mitigate any identified impacts

d. Uses other than those listed above may be allowed provided the
following showings are made:

(1) The site is designed in a manner to allow substantial numbers
of people access to and enjoyment of the shoreline.

(2) The use does not discourage public enjoyment of the shoreline
due to impacts such as traffic, noise and other emissions.
This adds the new Suburban environment and
2. Suburban Environment. The following commercial activities are allowed allowed.
in the suburban environment:

a. Commercial activities, including boat rentals and concessions, that
are are directly related to the recreational uses allowed in this
environment.

3. Rural Environment. The following commercial activities are permitted in
the Rural Environment:

a. Water-dependent commercial uses.

b. Uses other than those listed above may be allowed provided the
following showings are made:

(1) The site is designed in a manner to allow substantial numbers
of people access to and enjoyment of the shoreline.

(2) The use does not discourage public enjoyment of the shoreline
due to impacts such as traffic, noise and other emissions.

(3) Structures must be set back fifty (50) feet from the ordinary
high-water mark.

(4) Commercial structures shall not exceed thirty-five (35) feet in
height.
4. Conservancy Environment. Water-dependent commercial recreation
activities are peritted in the Conservancy Environment provided:

a. The development must be of low intensity and will These revisions are primarily grammatical and clarify the intent.
not substantially alter the existing character of the area, and

b. The following
findings are made:

(1) The site is designed in a manner to allow substantial numbers
of people access to an enjoyment of the shoreline.

(2) The use does not discourage public enjoyment of the shoreline
due to impacts such as traffic, noise and other emissions.

(3) Structures must be set back one hundred (100) feet from the
ordinary high-water mark.

(4) Structures shall not exceed thirty-five (35) feet in height
above the average grade.
5. Natural and Natural-Aquatic Environments. Commercial development is
prohibited in the Natural and Natural-Aquatic Environments.

VI. DREDGING

D. Environmental Designations and Regulations (Page 34)

1. Urban, Suburban, Rural and Conservancy Environments. The This adds the new Suburban Environment and defines the dredging activites
following dredging activities are allowed. allowed.

a. Dredging to deeper navigational channels
b. Dredging to improve water quality
C. Dredging to bury public utilities
d. Dredging to increase recreation benefits
e. Dredging to maintain water flow
f. Dredging which is required to allow an activity permitted by
this Master Program

VII. FOREST MANAGEMENT

D. Environmental Designations and Regulations (page 36)

1. Urban, Suburban, and Rural Environments. All forest management This adds the new Suburban Environment and defines the forest management
activities are allowed in the Urban, Suburban, and Rural activities allowed.
Environments subject to the General Regulations.

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VIII. INDUSTRIAL DEVELOPMENT

A. Scope and Definition

An industrial development means the fabrication, assembly,
manufacturing, processing or storage of goods. This category also
includes the facilities for the transfer of cargo and/or passengers from
water-borne craft.

B. Policies

1. Future marine water-dependent or water-related industrial uses This addition reflects the view that water-related uses are closely connected
should be located in shoreline areas already devoted to or zoned for to water-dependent uses and should be addressed similarly.
industrial use. Where industry is now located in shoreline areas
that are more suited to other uses, it is the policy of this Master
Program to minimize expansion of such industry unless the property
is already zoned for industrial use by the local jurisdiction.

2. Priority for industrial development along This policy establishes a priority for industrial uses on fresh water
fresh water shorelines should be given to industrial uses in the shorelines, and has been rewarded to clarify its intent.
following order of priority:

a. Water-dependent uses:
b. Water-related uses: and
c. Other industrial uses.

3. The cooperative use of docking, parking, cargo handling, and
storage facilities should be strongly encouraged in waterfront
industrial areas.

4. New facilities should not substantially increase levels of air, noise,
or water pollution.

5. Open-pile or floating construction is favored in the expansion of
facilities into water areas.

6. The length and width of industrial docks and piers should be the
minimum necessary.

7. Buildings should only be allowed over-the-water if an urban Policies 7-9 provide guidance for allowing buildings to be constructed
waterfront plan addressing the relevant issues is approved. over-the-water.

8. Construction of over-the-water buildings should consider impacts on
marine habitat.

9. Over-the-water buildings should only be allowed on marine waters
characterized by urban development.

C. General Regulations
1. The project application shall incorporate the following:
a. Evidence of water dependencey-
b. Cooperative use of service facilities by multiple concerns where Slight revision to correspond with new definitions, which refer to a range of
possible. dependency.
C. Information on transportation and utility service corridors,
traffic circulation, access to facility and effect of the proposed
project on transportation and circulation in the vicinity.
& Analysis of the impact upon and alteration to natural landform
patterns.
e. Methods for treatment and control of waste disposal including
any storm or sanitary sewer outfalls proposed.
f. Analysis of the impact upon ground water, hydrology,
drainage patterns and soil erosion.
g. Analysis of air quality and noise level impacts.
2. Issuance of a permit for the development, expansion or alteration of
an industrial area shall be contingent upon the existence of
emergency capabilities for controlling and eliminating potential water
pollution impacts resulting from spills, leaks or operational failures.
3. Water storage and handling of logs Is subject to the following
standards:
a. Permits shall contain provisions for the clean up of log
dumping and rafting areas, and disposal of wastes.
b. Bark and wood debris controls, together with collection and
disposal facilities, must be employed at log dumps, raft
building areas, and mill handling areas.
C. Logs shall not be dumped, stored or rafted where grounding
will occur except in the Urban Environment of Budd Inlet.
d. Permits for free-fall dumping of logs are not allowed unless the
applicant can demonstrate said procedures will not produce
more adverse impacts than the easy let-down method. The use
of log bundling and other devices should be encouraged.
4. Dry land storage of logs is subject to the following standards:
a. Unpaved storage areas underlain by permeable soils shall have
at least a four (4) foot separation between ground surface and
the winter water table.
b. Dikes, drains, vegetative buffer strips or other means shall be
used to ensure that surface runoff is collected and discharged
in a manner least detrimental to water quality from the storage
area. It shall be demonstrated that state water quality
standards or criteria will not be violated by such runoff
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discharge under any conditions of flow in nearyby water
courses. If such demonstration is not possible, runoff shall
be treated to meet state and federal standards.

5. Over-the-water buildings are allowed only on marine shorelines. This limits over-the-water buildings to only marine shorelines.

6. Water-dependent uses will only be allowed over-the-water after an This describes what the overall urban waterfront plan must include. The
urban waterfront plan is approved by the affected jurisdiction plan is required prior to allowing any buildings for water-dependent uses to
responsible for Shoreline Conditional Use Permits. This plan must be constructed over-the-water.
include consideration of the follwoing:

a. Adequate provision for water-dependent and water-related
uses.

b. View preservation, public access, traffic impacts, parking, and
other upland site development requirements.

c. Potential impacts to habitat posed by over-the-water
construction.

7. All stair towers meeting one of the following conditions must be In high bank areas, large structures commonly known as stair towers are
designed by a licensed civil engineer: increasling being used to provide access to the shoreline. This new
regulation (and the following one) adds standards for stair towers. In
a. The location proposed is mapped as "unstable or "intermediate addition, definitions of "stair tower," and "stairway" have been
Stability" In the Washington Coastal Zone Atlas prepared by added to the Definiton Section.
the state Department of Ecology.
b. All stair towers 24 feet in height or taller.
c. Other instances where the building official determines that site
conditions dictate the preparation of plans by a licensed civil
engineer.

8. Stair towers shall be designed to minimize obstructing the views
enjoyed by adjoining residences.

D. Environmental Designations and Regulations
1. Urban Environment. The following industrial activities are allowed
in the Urban Environment:

a. Water-dependent and water-related port and industrial uses on
marine waters.

b. Expansion of existing industrial uses provided it does not
adversely affect the flood carrying capacity of the floodplain.

c. Construction of replicas of and/or architectural interpretations
of historical buildings originally located over water.

d. Water related and other industrial Clarification.
uses on fresh water, provided a water-dependent use cannot
be reasonably expected.

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e . Wate t@e -water buildings may be allowed by
r @endent over-the This regulation establishes that a Condition
n. J
Condi e Permit. for all over-the-water buildings.
2. Suburban, Rural and Conserva!2q@u,)Ernvinron;ents. Industrial and This adds the new Suburban Environment a
port uses are prohibited in the u Sa , ural and Conse@vancy allowed.
Environments, including upland storage of logs. Expansion and
maintenance of existing log storage and handling facilities is
allowed.

3. Natural and Natural-Aquatic Environments.

a. Industrial developments are prohibited.

b. Storage of logs is prohibited in the Natural Environment. Clarification.

LeT-9-terage-49-aMewed

IX. V441. LANDIFILLING

C. General Regulations (page 14)
2. Landfill shall consist of clean materials including such earth This regulation was denied by DOE in
materials as clay, sand, and gravel questionable materials to be used as fill.
everburden, and also ma)F-Include some- -unui4able-ree6- btiodktg organic debris as allowed fill.
oyster or clam shells. In addition, concrete er
asphaft may be included in fill material if it is not liable to pollute
ground water and is approved by the administrator. Organic
debris, such as wood and other vegetative material-;--or--elem-end
oyster- ihc4 Is- -may- 444- -mMarief- -appr ev ed -by
the- shall not be used as fill material.

6. Artificial beach maintenance may be allowed by eantNtk"va4--use This changes the permit from a CUP to a
Substantial Develop ent Permit, not withstanding other regulations (SDP), which means that letters of exemption
@4qF_ T
of this sec: On. Prou ided, such maintenance shall be by "beach (cost or value less than $2,500). Projects c
feeding" only, with both the quality and quantity of material to be requirement no matter what their cost or val
approved by the administrator. Habitat rotectlon is a primary
- on arij ust J;e a
concern for ap each feedini' operali M
- I t
consideration in per6qA approval.

8-. Left" 0--far--the --sole- --purpose--of - -prev4d2q"--new---4&n& - area -49 This was denied by DOE in 1984 because tt
ever be allowed for the sole purpose of
w 0o4q-
deleted because the hole ncept is confus
purpose for landfill other than the creation
D. Environmental Designation and Regulations Administrators on the committee believed it w

1. Urban Environment. Landfill for the purpose of developing a site Grammatical change.
for a use authorized under this program is allowed within -the-Urban
-w*h-a--daek--er-8qMer-4s
prah4b4td--e)eeept--wheft- ee ed- -te--prateet--ghereside- -abutments
subject to the following condition:

a. Landfill associated with a dock or pier i's prohibited except
when needed to protect shoreside abutments.

2. Suburban, Rural and Conservancy Environments. Landfill is This adds the new Suburban Environment and establishes the landfill
aTro-w-e-T-in the Suburban, Rural and Conservancy Environments to activities allowed.
prepare site for 4 -use authorized by this Program, provided:

a. The landfill is for a use authorized by this Program.
Landfilling will only be permitted Inv- a- -wetkwKJ- -area if it will This deletion will allow jurisdictions to consider the Impacts posed by landfill.
not significantly alter any of the following functions. It also addresses the concern raised by DOE staff regarding a gap in landfill
policies.
(1) Wildlife habitat
(2) Natural drainage control
(3) Maintenance of water quality
(4) Aquifer recharge

IX. MINING AND DRILLING

D. Environmental Designations and Regulations (page 46)

1. Urban, Rural and Conservancy Environments. Mining Is allowed in
the Urban, Rural and Conservancy Environments subject to the
General Regulations.

2. Suburban Environment. Mining Is prohibited In the Suburban
Environment. Mining is prohibited in the new Suburban Environment because it is primarily
a residentla designation. Mining is usually not compatible with residential
3. Natural and Natural-Aquatic Environments. Mining or drilling development!
operations are prohibited in the Natural and Natural-Aquatic
Environments.

XI. OUTDOOR ADVERTISING SIGNS AND BILLBOARDS

D. Environmental Designations and Regulations (page 47).

1. Urban, Suburban, Rural and Conservancy Environments. Signs are
permittea-Un-7tFe-se environments, provided they are consistent with Adds the new Suburban Environment.
the Policies and General Regulations.

XII. PARKING AND LOADING

D. Environmental Designations and Regulations

1. Urban, Suburban, Rural, Conservancy and Natural Environments.
Parking is permitted consistent with the Policies and General Adds the new Suburban Environment.
Regulations.

XIII. PORTS

C. General Regulations

6. All stair tower mee one the following conditions must be In high bank areas, large structures comm
designed by a eeAvi engineer: increasingly being used to provide acces
a. The locanti2n roe osed map2qq6q@st "Unstable" or "Intermediate regulation (and the following one) adds
- 1___ - s to, addition, definitions of "stair tower," 'Ista
ity in 2qY
t WasF8qAn al Zone Atlas prepared y added to the Definition Section.
the tate Department of Lcology.

b. All stair towers 24 feet in height or taller.

C. Other instances where the-building official determines that site
conditions dictate the preparation of plans by a licensed civil
engineer.

7. Stair towers shall be designed to minimize obstructing the views
enjoyed by adjoining residences.

D. Environmental Designations and Regulations.

1. Urban Environment. Port facilities are allowed consistent with the
Polices and General Regulations.
2. Suburban Environment. Port-related recreation facilities are allowed Adds the new Suburban Environment and on
as a permitted use. facilities.

3. Rural, Conservancy, Natural, and Natural-Aquatic Environments,
Port facilities are prohibited in these environments.

X-141 XIV. RECREATION

C. General Regulations
8. All stair to e ee one of the following conditions must be In high bank areas, large structures comm
2qM s increasingly being used to provide acces
designed by a I cen ea Fengn,,.
regulation (and the following one) adds
a. The location Proposed is as "Unstable" or "Intermediate addition, definitions of "stair tower," 11sta
StabilitY in the as Washngton coastal Zone Atlas added to the Definition Section.
the tate Department of Ecology.

b. All stair towers 24 feet In height or taller.

C. Other Instances where the building official determines that site
e To
conditions dictaFe 0qM preparation of plans by a licensed c 8q7

9. Stair towers shall be designed to minimize obstructing the views
enjoyed by ag-joining residences,

D. Environmental Designations and Regulations

2. Suburban Environment. Low to medium Intens recreational uses This adds the new Suburban Environment an
pr._4qT
v CT
shall be permitted on Urban- Residential shorelines ed; recreational uses. A new definition of I'medi
added to the Definition Section.

a. A recreatLonal I facility or structure which nmange or detracts
from the character of the Suburban Environment (by building
design or intensity of use) shall be prohibited.

b. Vehicular camping facilities including restroom
located within fifty (50) feet of ordinary high-water mark
of any shoreline. Roads and parking Cities with fifty

only allo ed handicapped access for scenic viewpoints, or

to provide access to boat launch facilities. Maintenance or
facilities including restrooms is permited provied are,
devoted to these facilities is not an arcied eclestian and
hiking trail access ihall be permitted to link upland facilities
with the shoreline.

XV. RESEARCH AND EDUCATION

D Environmental Designaiions and Regulations.

1. Urban, Suburban and Rural Environments. The following research Adds the new Suburban Environment and make
and education activities are allowed: in the- -Urban-and Rural

a. Water-dependent and water-oriented related research activities. Replaces "water-oriented" with "water-r
b. Construction of permanent structures for research and definitions.
education activities may be allowed by a Conditional Use
Permit.

Z. Conservancy and Natural Environments. The following research and
education activities are allowed: in- Conservancy and Natural Minor grammatical change.

a. Water-dependent and water-oriented related research activities.
b. Construction of permanent strucures for research and Replaces "water-oriented" with "water
education activities may be allowed by a Conditional Use definitions.
Permit.

XVI. KAI. RESIDENTIAL DEVELOPMENT

B. Policies
4. When subdividing land, the area under shoreline jurisdiction may be
set aside as an open space tract even if tract would be smaller

than the minimum lot size requirement in that shoreLIne This gives a subdivider of land the option
environment. The public interrees is served by maintaning shorelines jurisdiction.

shoreline proeerty In a relativy undeveloped state, and private
interests are furthered by a now more flexibility insite design.

I -Residential development over water is not permitted.
2. Submerged lands those lends which vegtation are the marshes This revision means that wetlands may be
suffiefent- -Period to - support lots can be created in new subdivisions.
begs swamps tidlands waterware of the line of
vegation of the lands within the boundaries of any
waterfront parcel shall not be used to compute required lot area,
lot dimensions and/or required yards. That portion of a parcel not
identified as a submerged land shall be referred to as dry land
area. However, submerged lands may be included as open space.
3. Residential development proposals shall identify those areas of
natural vegetation, retention and erosion control measures.
4. Residential development shall be arranged and designed to protect
views, vistas, aesthetic values to protect the character of the
shoreline environment and the views of neighboring property
owners.
5. Residential structures shall not exceed thirty-five (M) feet above
average grade unless it can be shown through the variance process
that a higher. structure will not interfere with visual access to the
water from landward or adjacent properties.
6. Landfill for residential development which results in the creation of
new dry land is prohibited.
7. Landfilling in flood hazard areas is allowed only for flood
protection.
8. Storm drainage facilities shall be separate from sewage disposal
facilities and include provisions, as required by the jurisdiction, to
prevent direct entry of surface water runoff into receiving waters
(see Utilities and Road Section).
9. Residential developers must demonstrate that ground water
withdraws are consistent with state regulations.
10. New residential subdivisions have the option of setting aside in an This is the Implementing regulation for new policy #4 above.
open space tract the portion of the property being divided that is
under the jurisdiciton of this Master Program. The following
conditions must be met:
a. Restrictive covenants must be filed prior to final subdivision
approval prohibiting the use of the open space tract as a
building site.

b. The open space tract must be clearly identified on the final
plat map.

-22-

11. All stair to meet' one of the following conditions must be. In high bank areas, large structures commonly known as stair towers are
TF
designed by increasingly being used to provide access to the shoreline. This new
regulation (and the following new regulation) adds standards for stair towers '
a. The I@calion ro d s ma d as "unstable" or "Intermediate In addition, definitions of "stair tower," stairs," and "stairway" have been
11,ty _ ppg
in
t e a@@
,ngt.n oastal Zone Atlas prepared added to the Definition Section.
the t-tate Del2artment ot Ecology.

b. All stair towers 24 feet in height or greater.

C. Other instances where the build ing official determines that site
conditions dictate the prepara on of plans by a licensed civil
engineer.

12. Stair towers shall be desig ned to minimize obstructing the views See above comment.
enjoyed by aTloining residences.

13+. Only one (I) dock or pier is permitted in a new residential
development. Prior to final project approval of a residential
development, a usable area shall be set aside for pier or dock;
unless there is no suitable area.

142. New residential developments shall provide general public access to
and along shorelines that have been historically used by the public
for recreation.

150. Residential subdivision developments and planned unit developments
shall provide areas sufficient to ensure usable access to and along
the shoreline area for all residents of the development except where
the shoreline topography does not permit the same.

163. Each shoreline environment has a setback requirement for This conflicts with a regulation in the Boating Facilities Section that allows
structures, inektd+ng--b*&the"9e9, from the ordinary high-water boathouses to be built anywhere ... landward of the ordinary high water
mark. Uncovered porches, decks or steps may project into the mark." The change shown here defers to that other regulation; boathouses
required setback provided such structures are no higher than will not have to meet residential setbacks.
thirty (30) inches above the average grade. The setback in each
environment may be increased or decreased by the Administrator in
the following way:
a. Increased Setback Wuirrements. The setback may be
Increased If the Mid a ea or setback areas have a slope of
greater than forty percent (40%), severe slope instability
exists or a feeder bluff is present. (Refer to the Coastal
Zone Atlas of'Washington, Volume 8, to identify these areas on,
marine shorelines.)
b. Decreased Setback Requ=ntrs. The setback may be relaxed
provided that existing tu es within three hundred (300)
feet of each property line infringe on the setback. In such
cases, the setback shall be determined by averaging the
setback's existing structures within three hundred (300) feet
along the waterfront of each property line. This shall not be
construed to allow residential development over water. The
setback shall be the minimum required in the environment on
properties within three hundred (300) feet where residences do
not exist for purposes of averaging.

174. Clustering of residential dwellings in all environments except
Natural is allowed. The number of clustered lots or residential
units encroaching into the shoreline area shall not exceed the
number of units which results from multiplying the total acres
(minus submerged lands) in shoreline area by the density allowed in
the specific environment.

18S. Proposed residential development in the vicinity of aquaculture
operations shall install drainage and waste treatment facilities to
prevent any adverse impacts to aquaculture operations.

196. Restrictive covenants shall be filed which will inform prospective
buyers of the proximity of the Aquacultural District for residential
development proposed within or adjacent to an Aquacultural
District, or which may be adversely affected by the aquaculture
operation. Residential development, which requires plat approval or
site plan review, shall be approved subject to a requirement that
notice of the proximity of the Aquacultural District be placed on the
face of the plat. Another suitable mechanism shall be used to
notify new residents when the project does not require plat
approval.

D. Environmental Designations and Regulations

1. Urban Environment

a. Unless otherwise prohibited by local zoning ordinances, any
type of residential structure or unit shall be permitted in the
Urban Environment.

b. In the Urban Environment setbacks and minimum lot size of The first sentence of this regulation was denied in 1984 by DOE. Current
dry land areW shaff__Ue_a_s_ specified by the local zoning DOE staff does not see a problem with it so it is being reinstated. The
ordinance, where @Ocra does not contlict with other second sentence is added to minimize "pipestem" lots which are narrow at the
S I zo2W water and larger in the back (in order to obtain more waterfront lots in a
islons of the eline ster Progra TFe minimum lot
Eroy ry __ a
ME shall be measured at the ordin @fqh-.atr mrV an subdivision).
at the building setback line.

C. Land clearing and grading is permitted after obtaining a
shoreline permit, an exemption from the Administrator, or a
land clearing permit from the local jurisdiction for preparation
of new building sites. A buffer of existing ground cover must
be maintained in the area between the ordinary high-water
mark and twenty (20) feet from the structure. The ground
cover in the buffer may be disturbed only after approval of
the Administrator where one or more of the following conditions
apply:

(1) A building site has been approved in the buffer area and
an erosion control and vegetation protection plan has been
approved by the Administrator.

(2) The applicant wishes to landscape the area with other
vegetation and has an erosion control plan approved by
the Administrator.

(3) When the construction of access pathway is proposed for
to the shoreline, vegetation will be removed only within
the boundaries of constructed access pathway.

2. Suburban Environment

a. Residential densities in this environment shall not exceed four This adds the Residential Development regulations for the new
(4) units per acre, regardless of housing type Suburban environmental designation.

b. For shoreline lots which are not clustered, the minimum lot
size shall be five thousand (5,000) square feet of dry land
area and the minimum lot width shall be fifty (50) feet
(measured at the ordinary high water mark and at the building
setback line). Lot coveraqe with impervious surfaces in this
environment shall not exceed 30 percent (30%).

C. The basic setback for residential structures shall be fifty (50)
feet from the ordinary water mark and/or comply with
General Regulations #16.

d. Land clearing and grading is permitted after obtaining a
shoreline permit, an exemption from the Administrator, or a
land clearing permit from the local jurisdiction for preparation
of new building sites. For existing lots, a buffer of existing
ground cover must be maintained in the area between the
ordinary high-water mark and twenty (20) feet from the
structure. The ground cover in the buffer may be disturbed
only after approval of the Administrator where one or more of
the following conditions apply:

(1) A building site has been approved in the buffer area and
an erosion control and vegetation protection has been
approved by the Administrator.

(2) The applicant wishes to landscape the area with other
vegetation and has an erosion control plan approved by
the Administrator.

(3) When the construction of access pathway is proposed for
to the shoreline, vegetation will be removed only within
the boundaries of constructed access pathway.

e. On rivers and streams with a flow greater than 20 cubic feet
per second (cis) a "natural area" buffer is required when land
is platted or re-platted. This buffer is a strip of land
beginning at the ordinary high-water mark and extending
landward for one hundred (100) feet. The following conditions
must be met:

1) The buffer must be clearly identified as "open space" on
the final plat map.

2) Restrictive covenants must be filed prior to final
subdivision =roval prohibitin the use of tFe_Fu_fFe_ras
@n site and prohibiting the removal of native
vegetation unless necessary for access pathways.

f. For new subdivisions, connection to sewers or installation of
dry-line sewers is required.

32. Rural Environment

a. Residential densities in this environment shall not exceed two
dwelling units per acre, regardless of housing type.

b. For shoreline lots which are not clustered, the minimum lot This addition is intended to avoid "pipestem lots" that are narrow at the
size shall be twenty thousand (20,000) square feet of dry land water and larger In the back (in order to obtain more waterfront lots in a
area and the minimum lot width shall be one hundred (100) subdivision).
feet (measured at the ordinary high water mark and at the
wr.K M - 7
build ej. Lot coverage t .@er . ous surtaces
_MtGQ@shall not exceed thirty percent (30%).

C. The basic setback for residential structures shall be fifty (50)
feet from the ordinary high-water mark and/or comply with
General Regulation 414-Y16.

d. Land clearing and grading is permitted after obtaining a
shoreline permit, an exemption from the Administrator, or a
land clearing permit from the local jurisdiction for preparation
of new building sites. A buffer of existing ground cover must
be maintained in the area between the ordinary high-water
mark and twenty (20) feet from the structure. The ground
cover in the buffer may be disturbed only after approval of
the Administrator where one or more of the following conditions
apply:

(1) A building site has been approved in the buffer area and
an erosion control and vegetation protection plan has been
approved by the Administrator.

(2) The applicant wishes to landscape the area with other
vegetation and has an erosion control plan approved by
the Administrator.

(3) When the construction of access pathway Is proposed for
to the shoreline, vegetation will be removed only within
the boundaries of constructed access pathway.

43. Conservancy Environment

a. Residential densities shall not exceed one (1) unit per acre
regardless of housing type.

b. For shoreline lots not clustered, the minimum lot size shall be See above comment.
forty thousand 140,000) square feet of dry land area and the
minimum lot width at -the -prape"y- 4ine -nea"St. 4vkjh-waAer shall
be one hundred (100) feet (measured at the o@dipary high
water mark and at the b@Lilclinq setback lineT. 0 :O"erage
with impervioug- -surfaces in this environmeni- shall not exceed
thirty percent (30%).

c. The basic setback for residential structures shall be one
hundred (100) feet from the ordinary high-water mark and/or
comply with General Regulation #44116.

d. Land clearing and grading is permitted after obtaining a
shoreline permit, an exemption from the Administrator, or a
land clearing permit from the local jurisdiction for preparation
of new building sites. A buffer of existing ground cover must
be maintained in the area between the ordinary high-water
mark and twenty (20) feet from the structure. The ground
cover in the buffer may be disturbed only after approval of
the Administrator where one or more of the following conditions
apply:

(1) A building site has been approved in the buffer area and
an erosion control and vegetation protection plan has been
approved by the Administrator.

(2) The applicant wishes to landscape the area with other
vegetation and has an erosion control plan approved by
the Administrator.

(3) When the construction of access pathway is proposed for
to to the shoreline, vegetation will be removed only within
the boundaries of constructed access pathway.

54. Natural Environment

a. Minimum lot area shall be ten (10) acres.

b. Minimum lot width See above comment.
"h-ivatew shall be three hundred (300) feet (measured at the
ordinary high water mark and at the building _se_tE_ac_k line).

C. The basic setback for residential structures shall be one
hundred (100) feet from the ordinary high-water mark and/or
comply with General Regulation Ptli-
d. Single-family residences are permitted and multifamily
residences are prohibited.

e. The removal of trees and other vegetation shall be kept to an
absolute minimum In constructing a residence in a Natural
Environment. This would prohibit cutting out areas for a
view, lawn or garden.

XVII. ROAD AND RAILROAD DESIGN AND CONSTRUCTION

D. Environmental Designations and Regulations

1. Urban, Suburban, Rural and Conservancy Environments. The Addition of new Suburban Environment and minor grammatical change.
following roads are permitted:

a. Local public or private access roads to serve uses permitted in
the Urban, Suburban, Rural and Conservancy Environments.

b. Transportation thoroughfares including major arterials,
highways and railways.

XVIII. SHORELINE PROTECTION

C. General Regulations
2. Vegetation shall be maintained on all streambanks except where
removal is necessary for a permitted activity. If feasible,
vegetation shall be re-established in areas where it has been Revision in response to Nisqually River Management Plan. This clarifies that
removed for a permitted activity. In such instances, vegetation vegetative bank stabilization measure are preferred over structural measures.
shall be re-established as soon as possible following its removal.

3. Shoreline protection methods shall to the fullest extent possible
utilize vegetative bank stabilization prcedures instead of structural New regulation in response to Nisqually River Management Plan. This limits
methods (such as concrete revetments or extensive riprap) unless such vegetation removal along streambanks. A definition of streambanks has been
added to the Definitions section.
E.D. Environmental Designations and Regulations

1. Urban, Suburban, Rural and Conservancy Environments. Shoreline
protective measures are permitted subject to the Policies and
General Regulations. Adds the new Suburban Environmental designation.

XIX. SOLID WASTE DISPOSAL

D. Environmental Designations and Regulations

1. Urban, Suburban, Rural, Conservancy and Natural Environments.
The following solid waste disposal facilities are allowed within the
shoreline: Adds the new Suburban Environmental designation.

a. Garbage cans; and
b. Drop boxes.

XX UTILITIES

C. General Regulations
10. No new hydroelectric generating facilities are allowed on the New regulation implements a recommendation of the Nisqually River
Nisqually River pursuant to the recommendations of the Nisqually Management Plan.
River Management Plan.

D. Environmental Designations and Regulations
1. Urban and Rural Environments. The following utility facilities are
allowed in the Urban and Rural environments:

a. Utility lines.
b. Control, collection or distribution facilities including, but not
limited to, telephone exchanges, sewage treatment plans, water
reservoirs, electrical substations and gas metering stations,
c. Power generating facilities except on the Nisqually River and implements recommendation of Nisqually River Management Plan.
transmission lines.

2, Suburban Environment. The followinq utility facilities are allowed Establishes utility activities allowed in new Suburban environment. The only
in the Suburban environment: difference between #2 and #1 is that power generating facilities are not
allowed in the Urban-Residential environment.
a. Utility lines.
b. Control, collection or distribution facilities including, but not
limited to, telephone exchanges, sewage treatment plans, water
reservoirs, electrical substations and gas metering stations.
c. Transmission lines.

SECTION FOUR---DEFINITIONS

BULKHEAD, NORMAL PROTECTIVE. A bulkhead that is constructed at or near the ordinary Reflects change in Washington Administrative Code (WAC) definition.
high-water mark to protect a single-family residence and is for protecting land from
erosion, not for the purpose of creating new land.

DRY LAND. All areas above the elevation of the Ordinary High-Water Mark.

EMERGENCY. An unanticipated and imminent threat to public health, safety or the en- Reflects change in Washington Administrative Code (WAC) definition.
vironment which requires immediate action with a time too short to allow full com-
pliance with this Master Program.

HEIGHT. This is measured from average grade level to the highest point of a structure: See above comment.
Provided, that television antennas, chimneys, and similar appurtenances shall not be
used in calculating height, except where it obstructs the view of a substantial number
of residences on areas adjoining such shorelines, or the applicable master program pro-
vides otherwise. Provided futher, that temporary construction equipment is excluded in
this calculation.

NONCONFORMING BUILDING OR STRUCTURE. A building or structure or portion thereof which Added at request of DOE
was lawfully erected, altered or maintained, but because of the application of this
chapter, no longer conforms to the requirements of the Shoreline Master Program for
the Thurston Region.

NONCONFORMING LOT. A parcel of land legally established prior to the effective date of Added at request of DOE
the Shoreline Master Program for the Thurston Region which does not conform with the lot
size or area requirements of this Master Program.

NONCONFORMING USE. An activity that was lawfully established prior to the effective Added at request of DOE
date of the Shoreline Master Program for the Thurston Region, but no longer conforms
to the use regulations of this program.

NORMAL MAINTENANCE. This includes those usual acts to prevent a decline, lapse or Reflects change in Washington Administrative Code (WAC) definitions.
cessation from a lawfully established condition.

NORMAL REPAIR. To restore a development to a state comparable to its original con- See above comment.
dition within a reasonable period after decay or partial destruction except where
repair involves total replacement which is not common practice or causes substantial
adverse effects to the shoreline resource or environment.

ORDINARY HIGH-WATER MARK (OHWM). This means the mark on all lakes, Reflects a change in the Shoreline Management Act (RCW 90.58)
streams, and tidal water which will be found by examining
the beds and banks and ascertaining where the presence and action of waters
are so common and usual, and son 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, 1971, or as It may
naturally change thereafter, or as it may cgange thereafter in accordance
with permits issued by a local government or the department; 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 and the ordinary high water mark adjoining fresh water shall be the line
of mean high water.

OVER WATER. Location of a structure or development above the surface of Revision to clarify what is over-the-water construction.
the water, including placement of buildings on piling or floats.

Recommendation is to delete definition because it is not used anywhere in the
master program.

RECREATION, MEDIUM INTERNSITY: Incolves uses and activities that provide New definition.
for increased public enjoyment of the shorelines and adjacent areas. Uses
and activities may include parks, playgrounds, atletic fields, campgrounds,
and boat ramps. Medium-intensity uses may require earth modification and
construction of a variety of structures.

SINGLE-FAMILY RESIDENCE. A detached dwelling designed for and occupied Reflects change in Washington Admiistrative Code (WAC) definitions.
by one family including those structures and developments within a contiguous
ownership which are a normal appurtenance.

STAIRS. A series of steps or flights of steps for passing from one level to New definition to address stairtowers.
another.

STAIR TOWER. A structure twelve (12) feet or taller in heigh typically See above comment.
consisting of one (1) or more flights of stairs, usually with landings to pass
from one level to another.

STAIRWAY. One or more flights of stairs, usually with landings to pass from See above comment.
one level to another.

STREAMBANK. This runs along the course of a stream and rises from the New definition to implement recommendation of Nisqually River Management
ordinary high water mark (OHWM) up to the first significant break in slope. Plan (see revisions to "Shoreline Protection" Section).
The first significant break in slope is a bench at least fifteen (15) feet wide.
The streambank ends at the top of the bank where that break in slope
occurs. NOTE: This definition is not intended to include the concept of a
buffer for streams. It is only a definition of a physical features associated
with streams.

SUBSTANTIAL DEVELOPMENT. Development of which the total cost or fair This change adopted by state several years ago.
market value exceeds two thousand five
hundred dollars ($2,500(, or any development which materially interferes with
the normal public use of shorelines of the state.

WATER DEPENDENCY. The degree of dependency of any use of the land Revised definition of water-dependent to conform with Shoreline Hearing
upon a shoreline location. This degree of dependency can range from Board decisions.
water-dependent to water-related uses and is expressed as follows:
1. WATER-DEPENDENT USES. All A uses or portion of a use that cannot
logivally exist in any other location and is dependent
on the water by reason of the intrinsic nature of its
operation. Water-dependent uses include, but are not limited to:

a. Aquaculture
b. Boat launch facilities
c. Ferry terminals
d. Hydroelectric power plants
e. Marinas
f. Marine construction, dismantling and repair
g. Marine and limnological research and education
h. Private and public docks
i. Shoreline recreation including parks, bike and walking trails;
beaches, etc.
ij. Terminal and transfer facilities for marine commerce and industry
jk. Water intakes and outfalls
k. Log booming
l. Tug and barge facilities

2. WATER-RELATED USES. A use or portion of a use which is not New definition (change from "Water-Oriented Industrial Development") to
intrinsically dependent on a waterfront location, but whose operations conform with Shorelines Hearing Board decisions.
cannot occur economically without a shoreline location or without close
procimity to water-dependent uses. Water-related uses include, but are
not limited to:

a. Warehousing or storage facilities
b. Support services for fish hatcheries
c. Seafood processing plants
d. Wood products manufacturing
e. Log storage
f. Watercraft sales
g. Boating supplies

WATER-ENJOYMENT USES. A recreational use such as a park, pier, or other New definition. This includes uses that allow people to enjoy shoreline
use facilitating public access as a primary character of the use; or, a use locations.
that provides for passive and active interaction of a substantial number of
people with the shoreline for leisure and enjoyment as a general character of
the use and which, through location, design and operation assure the public's
ability to interact with the shoreline. In order to qualify as a
water-enjoyment use, the use mist be open to the public and most if not all
of the shoreline oriented space in the facility must be devoted to the specific
aspects of the use that foster shoreline interaction.

Water-enjoyment uses include but are not limited to:

a. Restaurants
b. Museums
c. Bicycle and Walking Trails
d. Boardwalks

- 32 -

WATER ORIENTED INDUSTRIAL DEVELOPMENT. Those industrial uses which Deletion of old definition (superceded by "water-related" definition).
do not depend on a waterfront location to conduct their operation, but would
be facilitated economically by close proximity to the water. Water oriented
industrial uses include:

1. Therman power plants;
2. Sewage treatment plants;
3. Storage facilities for water shipped products; and
4. Lumber mills.

02:rb/588.27

- 33 -

SECTION E4GI+T SEVEN--PERCIVAL CREEK CORRIDOR

1. CANYON REACH MANAGEMENT UNIT--OLYMPIA

C. Use Regulations

1. Allowable uses and activities within the canyon areas follows:

a. Primary Uses

(3) Research and education, temporary, water-dependent and
water-Or4ented related research and educational facilities. Changed to reflect new definition of water-related (instead of water-oriented).

11. CANYON REACH MANAGEMENT UNIT--TUMWATER

C. Use Regulations

1. Allowable uses and activities within the canyon areas follows:

a. Primary Uses

(3) Research and education, temporary, water-dependent and
water-crieftted related research and educational facilities. See above comment.

Ill. MIDDLE REACH MANAGEMENT UNIT--OLYMPIA

C. Use Regulations

1. Allowable uses and activities within the Black Lake Drainage Way,
its buffer, the associated wetlands of Black Lake, and its buffer areas
follow:

a. Primary Uses

(3) Temporary, water-dependent and water-oriented related See above comment.
research and educational facilities.

NA: rt/588.26

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