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





                                                        Shoreline Management
                                                                                 Guidebook

                                                                                Second Edition, 1994






















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                                                                                          Volume 11
                                                  Shoreline Master Program
                                                                                   Handbook


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                                                             Shoreline
                                               Master Program
                                                            Handbook


                                                           Second Edition, 1994





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                                                                    Management Program
                                                                                              us Department of commerce
                                                                               93-104C        NOAA Coastal Services Center Library
                                                                                              2234 South Hobson Avenue
                                                                                              Charleston, SC 29405-2413








                    SMP Handbook - 1994 Edition


                    Preface


                    The Shoreline Master Program Handbook is a guide to preparing shoreline master program
                    amendments; it is intended to provide assistance in addressing common shoreline management
                    issues and to respond to new directions in shoreline management practice. Interpretations and
                    policies in this Handbook are based on the Shoreline Management Act of 1971 (Chapter 90.58
                    RCW), related rules and regulations (Chapters 173-14, 173-16, 173-17, 173-19 and 173-22
                    WAC), Shorelines Hearings Board cases, court decisions, Attorney General Office opinions,
                    and Ecology staff determinations.

                    The Shoreline Management Act (SMA) is administered through a cooperative program
                    between local government and the state Department of Ecology. Local governments have the
                    primary responsibility for initiating and administering the regulatory programs of the SMA_
                    Ecology provides technical assistance to the local governments with an emphasis on ensuring
                    compliance with the policies and procedures of the SMA and related rules. Technical
                    assistance is provided through workshops and conferences, direct inquiries to department staff
                    and through technical assistance documents.

                    Technical assistance documents include this Shoreline Master Program Handbook, Volume H
                    of Ecology's two-volume Shoreline Management Guidebook, and the Shoreline
                    A&ninistrator's Manual, Volume I of the Shoreline Management Guidebook These
                    documents as well as related laws and regulations are available from the Department of
                    Ecology Shorelands Program.

                    The 1994 Guidebook addresses the following trends in shoreline management:

                    I .Many master program amendments are updates rather than new documents or full-scale
                       rewrites. Handbook Chapter 3 outlines procedures and techniques to update master
                       programs in an effective and timely manner.

                    2. Recent amendments to SMPs are placing greater emphasis on general provisions.
                       Handbook Chapter 5 contains extensive general policies and regulations, which can be
                       customized to fit local situations. The Handbook emphasizes general policies and
                       regulations because:

                       a. General regulations eliminate the need to repeat the provisions which apply to all uses,
                           activities, and environment designations.

                       b.  General regulations can incorporate up-to-date environmental requirements and
                           practices.

                       c.  Model general provisions foster greater state-wide SMP consistency.





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               SMP Handbook - 1994 Edition



               3.  The state is experiencing increased development along river systems on both sides of the
                   Cascades. Handbook Chapters 13 and 14 address emerging issues related to rivers and
                   present a number of applicable shoreline management techniques, including:

                   a. Parallel environment designations;

                   b. Options for establishing shoreline jurisdiction;

                   c. Habitat, vegetation, fisheries and forest practices management;

                   d. Environment designations on federal lands;

                   e. Environmentally sensitive flood hazard management; and

                   f  Destination resort and other recreational activity planning.

               4.  State-wide shoreline management objectives are receiving greater attention. Handbook
                   Chapter 5 clarifies provisions for shorelines of state-wide significance.

               5.  Local governments are requesting permit administration guidance. The Shoreline
                   Administrator's Manual clarifies the shoreline permit process including permit review
                   procedures and special issues such as shoreline jurisdiction, exemptions, variances, and
                   conditional use permits. Handbook Chapter 9 provides model SNIP provisions for
                   shoreline permit administration and enforcement.

               6.  Local governments are pursuing waterfront redevelopment as part of comprehensive
                   economic revitalization efforts. Handbook Chapters 10, 11 and 12 address a number of
                   waterfront redevelopment issues, including:

                   a. Mxed-use projects;

                   b. Historic sites;

                   c. Shoreline redevelopment district planning; and

                   d. Water-oriented use suitability analysis and management.

               7.  Special issues in Eastern Washington are demanding greater attention. The Chfidebook
                   makes an effort to address shoreline management issues which relate to the eastern half of
                   the state, including:

                   a. River systems in and regions-,

                   b. Shoreline use policies where water borne commerce is not prevalent;

                   c. Large scale resort/recreational community development; and

                   d. Permit review procedures and SNIP administration in small communities.








                   SW Handbook - 1994 Edition



                   8. Local governments are developing innovative shoreline management techniques that
                      warrant special recognition and are discussed in the Handbook in detail. These include:

                      a. Aquatic environment designations-,

                      b. Shoreline use, activity and development standards matrices;

                      c. Comprehensive shoreline planning techniques; and

                      d. Detailed public access plans and provisions.

                   9. Many local governments are now planning under the Washington State Growth
                      Management Act (GMA) which directs applicable cities and counties to prepare and
                      implement comprehensive plans and development regulations. Handbook Chapter 3 and
                      Appendix A discuss the interrelationship between SMA and GMA and how to achieve
                      greater consistency between comprehensive plans, development regulations and SMPs.

                   10. Flood hazard management is receiving increased attention. Reasons for this attention
                      include: the disastrous floods of 1990, which illustrated the need to focus on flood hazard
                      management and prevention; recent floods illustrate the limitations of structural flood
                      control works; and flood control measures have significant implications for shoreline
                      management and comprehensive planning. Handbook Chapter 13 discusses flood hazard
                      management issues as they relate to SMPs.

                   11. Off-site environmental mitigation (compensation) for on-site development impacts is
                      becoming increasingly common when on-site mitigation is not possible. The Department
                      of Ecology is currently reviewing the policies and procedures regarding off-site
                      compensatory mitigation for individual projects. Handbook Chapter 16 and Appendix B
                      address Ecology's approach to off-site environmental mitigation planning.

                   12. SMPs need clear, consistent definitions for commonly used shoreline management terms.
                      The Manual and the Handbook contain glossaries with definitions recommended for
                      SMPS.

                   Ecology welcomes comments on the Second Edition of the Shoreline Master Program
                   Handbook. Please forward your comments to Peter Skowlund, Ecology Shorelands and
                   Coastal Zone Management Program, P.O. Box 47690, Olympia, Washington, 98504-7690.












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                  SW Handbook - 1994 Edition


                  Acknowledgments

                  This document was produced by the Washington State Department of Ecology Shorelands
                  and Coastal Zone Management Program, Rod Mack, Program Manager. Special recognition
                  goes to all Shorelands Program staff who participated in the project. Tom Mark and Peter
                  Skowlund were the principal staff persons developing shoreline management concepts and
                  directing the work. Consultant team members included John Owen, Rebecca Rudd and Karin
                  Chew of MAKERS Architecture and Urban Design.

                  The Department also would like to acknowledge the participants from local governments,
                  associated agencies and consulting firms that participated in the state-wide workshop in
                  Seattle, April 19 and 20, 1992, and who reviewed draft materials and helped define shoreline
                  management issues.

                  This publication was funded in part by the National Oceanic and Atmospheric Administration.
                  The views expressed herein are those of the authors and do not necessarily reflect the views of
                  NOAA or any of its subagencies.









                                                         0 NIMOSP,








                                                        19rI&WIE'40T OF










                  Ae Department of Ecology is an Equal Opportunity and Affirmative Action employer and
                  shall not discriminate on the basis of race, creed, color, national origin, sex, marital status,
                  sexual orientation, age, religion, or disability as defined by applicable state andlorfederal
                  regulations or statutes. Ifyou have special accommodation needs, please contact Ecology at
                  2061407-7250. Ecology's telecommunications devicefor the deaf (7DD) number is 2061407-
                  6006





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                                     SW Handbook - 994 Edition


                                     Table of Contents


                                     Preface
                                     Acknowledgments
                                     List of Figures
                                     List of Appendixes

                                     Chapter I - Introduction to the Handbook                                .............................................................. I
                                           Purpose        ................................................................................................................. I
                                           History of the SMA               ............................................................................................... 2
                                           Geographic Applications of the SMA                         ..................................................................... 3
                                           Shoreline Master Programs                   .................................................................................... 5
                                           User's Guide to the Handbook                    ................................................................................ 6

                                     Chapter 2 - SMP Organization                       . ................................................................................  8
                                           Introduction        ...........................................................................................................  8
                                           SMP Components                .................................................................................................. 9
                                           The Relationship Between Goals, Policies and Regulations                                    ..................................... 15
                                           Special Tips for Writing SMP Provisions                         ................................................................ 16

                                     Chapter 3 - SMP Amendment Process                                ..................................................................... Is
                                           Introduction        ...........................................................................................................  18
                                           Comprehensive SMP Amendment Process                                ............................................................. 22
                                           Shoreline Management and Growth Management                                   ................................................... 23
                                           Public Participation            ................................................................................................ 28
                                           Local Process          ......................................................................................................... 29
                                           State Review and Approval Process                        ....................................................................... 52
                                           Checklist for Submittal of SMP Amendments                              ......................................................... 58

                                     Chapter 4 - SMIP Goals                   ............................................................................................. 60
                                           Introduction        ...........................................................................................................  60
                                                 Background and Purpose                   ................................................................................. 60
                                                 Format and Contents               ........................................................................................ 60
                                           Model Goal Statements                ..........................................................................................  61
                                                 Shoreline Use Element                ..................................................................................... 61
                                                 Economic Development Element                        ...................................................................... 62
                                                 Circulation Element            ..........................................................................................  63
                                                 Conservation Element                ...................................................................................... 64
                                                 Public Access          ................................................................................................... 64
                                                 Recreational Element               ....................................................................................... 65
                                                 Historical./Cultural Element                .............................................................................. 65
                                                 Other Elements            ................................................................................................ 66



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                   SM7 Handbook - 1994 Edition



                   Chapter 5 - General Policies & Regulations                     ............................................................. 67
                        Introduction      ........................................................................................................... 67
                              Background and Purpose             ................................................................................. 67
                              Format and Contents          ........................................................................................ 68
                        Special Considerations          ......... ................................................................................. 68
                              Shorelines of State-wide Significance             ............................................................... 68
                        Model Language          .................................................................................................... 74
                              General Regulations          ......................................................................................... 74
                              Archaeological and Historic Resources               ............................................................. 75
                              Clearing and Grading         ....................................................................................... 77
                              Environmental Impacts          ..................................................................................... 81
                              Environmentally Sensitive Areas             ....................................................................... 83
                                  Geological Hazard Areas            ............................................................................ 85
                                  Critical Salt Water Habitats           ........................................................................ 88
                                  Wetlands      .................................................................................................... 95
                                  Salmon and Steethead Habitats              ................................................................... 101
                              Parking    ............................................................................................................ 108
                              Public Access      ................................................................................................... 110
                              Shorelines of State-wide Significance             ............................................................... 114
                              Signage    ............................................................................................................ 117
                              Utilities   ............................................................................................................ 120
                              Vegetation Management            ................................................................................... 121
                              View Protection        ............................................................................................... 124
                              Water Quality      ................................................................................................... 126
                   Chapter 6 - Environment Designation                    ...................................................................... 128
                        Introduction      ........................................................................................................... 128
                        Components of the SMP              ........................................................................................ 129
                              Statement of Purpose         ....................................................................................... 129
                              Shoreline Map and Description             ......................................................................... 131
                              Summary Matrices          ........................................................................................... 133
                              Environment Designations            ................................................................................ 133
                        Special Considerations          ........................................................................................... 142
                              Environment-Specific Use Provisions               ............................................................... 142
                              Conditional Use Provisions           ............................................................................... 143
                              Classifying Submerged Lands             ........................................................................... 145
                              Parallel Environments        ....................................................................................... 149
                        Sample Environment Designation Provisions                    .......................................................... 153
                              Urban Environment         .......................................................................................... 154
                              Rural Residential Environment             ......................................................................... 156
                              Rural Environment         ........................................................................................... 160
                              Conservancy Enviromnent             ................................................................................ 162
                              Natural Envirorunent         ........................................................................................ 165
                              Aquatic Environment          ....................................................................................... 167




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                               SW Handbook - 1994 Edition



                               Chapter 7 - Shoreline Use Policies & Regulations                       .................................................... 169
                                    Introduction     ........................................................................................................... 169
                                         Background and Purpose              ................................................................................. 169
                                         Format and Contents          ........................................................................................ 170
                                    Model Language          .................................................................................................... 171
                                         Agriculture      ....................................................................................................... 172
                                         Aquaculture       ..................................................................................................... 177
                                         Boating Facilities      .............................................................................................. 185
                                         Commercial Development               ................................................................................ 201
                                         Flood Hazard Management               .............................................................................. 205
                                         Forest Practices       ................................................................................................ 211
                                         Industry    ........................................................................................................... 216
                                         Instrearn Structures        .......................................................................................... 225
                                         Mining      ............................................................................................................. 231
                                         Recreational Development             ................................................................................ 236
                                         Residential Development            .................................................................................. 243
                                         Transportation Facilities         ................................................................................... 251
                                         Utilities (Primary)      ............................................................................................. 257
                               Chapter 8 - Shoreline Modification Activity Policies & Regulations                               ...................... 261
                                    Introduction     ........................................................................................................... 261
                                         Background and Purpose              ................................................................................. 261
                                         Format and Contents          ........................................................................................ 264
                                    Model Language          .................................................................................................... 265
                                         General Shoreline Modification Provisions                 ....................................................... 265
                                         Shoreline Stabilization         ...................................................................................... 270
                                              Beach Restoration and Enhancment                 ............................................................ 271
                                              Bioengineering        ........................................................................................... 273
                                              Revetments (Riprap)          ................................................................................... 276
                                              Bulkheads       .................................................................................................. 279
                                              Breakwaters, Jetties, Rock Weirs and Groins                  .............................................. 286
                                              Dikes and Levees          ....................................................................................... 290
                                         Dredging and Dredge Material Disposal                  ........................................................... 292
                                         Landfill    ............................................................................................................ 301
                                         Piers, Docks, Floats and Buoys              ........................................................................ 305
                               Chapter 9 - Administration and Enforcement                         ......................................................... 314
                                    Introduction     ........................................................................................................... 314
                                    Model Provisions         ................................................................................................... 316











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                       SM? Handbook - 1994 Edition



                       Chapter 10 - Promoting Water-oriented Uses                                      .......................................................... 361
                             Introduction         ...........................................................................................................    361
                             Water-dependent, Water-related and Water-enjoyment Uses                                          .................................. 362
                             Physical Requirements of Water-dependent Uses                                  .................................................... 370
                             General Guidelines for Setting Water-dependency Requirements on
                                   Urban Waterfronts               ...........................................................................................   377

                       Chapter I I - Master Program Provisions for Mixed-use Projects                                                ........................... 380
                             Definition and Objectives                .................................................................................   I  ..... 380
                             Specifying Where Mixed-use Projects Are Permitted                                   ..............................................  383
                             Site Development Standards for Mixed-use Projects                                   ..............................................  394
                             Techniques for Reviewing Mixed-use Projects                               .......................................................   395
                             Insuring the Permanence of Water-oriented Uses                                  ................................................... 397
                             Checklist for Master Program Mixed-use Provisions                                   ..............................................  398

                       Chapter 12 - Encouraging Waterfront Redevelopment in Special Situations                                                           ........ 401
                             Introduction         ...........................................................................................................    401
                             Mixed-use Projects               ................................................................................................   402
                             Historic Structures             .................................................................................................   402
                             Constrained or Unusual Shoreline Areas                            ................................................................  403
                             Central Waterfront Redevelopment Districts                                .......................................................... 404

                       Chapter 13 - Riparian Corridor Management                                       ......................................................... 410
                             Introduction         ...........................................................................................................    410
                             Determining Shoreline Jurisdiction                       .........................................................................  411
                             Coordination vrith Fisheries Regulations and Forest Management Practices                                                ............ 418
                             Public Access and Recreational Development                                ......................................................... 419
                             Floodplain Management                   .........................................................................................   419
                             Comprehensive Flood Hazard Management Plan                                     .................................................... 421
                             Flood Hazard Management and Local SMP's                                   ......................................................... 423
                             Shoreline Master Program Issues                        ...........................................................................  424
                             Recommendations for Master Programn-drig Riparian Systems                                            ............................... 425

                       Chapter 14 - Parallel Environment Designations                                      ..................................................... 427
                             Introduction         ...........................................................................................................    427
                             Parallel Environments on Urban Shorelines                                 ............................................................ 431
                             Parallel Environments on Coastal and Lacustrine Shorelines                                      ................................... 433
                             Parallel Environments on Riparian Shorelines                              ......................................................... 434

                       Chapter 15 - Shoreline Modification Activities                                  ........................................................  437
                             Introduction         ...........................................................................................................    437
                             The Larger Picture and the Planning Process                               .......................................................... 439
                             Shoreline Master Program Recommendations                                  ........................................................  443



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                               SW Handbook - 1994 Edition



                               Chapter 16 - Advance Compensation and Environmental
                               Mitigation Planning          ................................................................................................... 446
                                    Introduction     ........................................................................................................... 446
                                    Individual Off-site NEtigation          ................................................................................. 449
                                    Nfitigation Banking        ................................................................................................ 452

                               Chapter 17 - Public Access             ........................................................................................ 460
                                    Introduction     ........................................................................................................... 460
                                    Comprehensive Access Plan             ................................................................................... 461
                                    Public Access as a Requirement for Non-water-oriented Uses                         ................................ 463
                                    Public Access on Industrial Sites           ............................................................................ 463
                                    Off-Site Public Access         ........................................................................................... 467
                                    Public Access in Environmentally Sensitive Areas                   .................................................. 467
                                    Public Access Design Standards              ............................................................................. 468
                                    Writing Specific Public Access Provisions                .............................................................. 470

                               Chapter 18 - Aquatic Habitats               .................................................................................. 476
                                    Introduction     ........................................................................................................... 476
                                    Kelp Beds, Eelgrass Beds, Herring Spawning Areas, Smelt Spawning Areas
                                         and other Critical Salt Water Habitats             ............................................................... 477
                                    Salmon and Steelhead Habitats             ............................................................................... 479
                                    Recommended Approach               ....................................................................................... 480
                                    Recommended Comprehensive Plan Policies                     .......................................................... 483
                                    Additional Information          ............................................................................................ 483

                               Chapter 19 - Technical References                 ........................................................................... 485

                               Appendixes
                               Glossary
                               Index









                                      Sr" Handbook - 1994 Edition


                                      List of Figures

                                      Figure 1-1. Local and State Responsibilities                            ...............................................................   4

                                      Figure 2-1 SMP Elements and Processes                             .....................................................................   I I

                                      Figure 2-2. The Organization of SMP Goals, Policies and Regulations                                              ........................ 15

                                      Figure 3-1. SMP Amendment Process                              .........................................................................  19

                                      Figure 3-2. Example Shoreline/Resource Inventory Map                                        ............................................  39

                                      Figure 3-3 Graphic Illustrating Environmental Information                                      .........................................  40

                                      Figure 3-4. Graphic Illustrating Shoreline Use Component                                       .........................................  45

                                      Figure 3-5. Example of Environmental Component Measures                                             ..................................... 46

                                      Figure 3-6.         Example of a Public Access Component                             ...................................................  47

                                      Figure 3-7. Example of an Urban Design Component                                        ................................................  48

                                      Figure 3-8.         Example of Proposed Implementation Action Summary                                         ........................... 49

                                      Figure 3-9.         Model Adoption Resolution                     .....................................................................   56

                                      Figure 3-10. Checklist for Submittal of SMP Amendments                                          ......................................... 58

                                      Figure 5-1. Shorelines of State-wide Significance Illustrating State-wide
                                      Coverage        .....................................................................................................................     73

                                      Figure 6-1. Contents of Environment Designations Section                                         ........................................ 130

                                      Figure 6-2. Shoreline Use and Modification Activity Matrix                                        ....................................... 134

                                      Figure 6-3.         Use-related Development Standards Matrix                                ............................................. 137

                                      Figure 6-4.         Vegetation Maintenance Corridor Standards                                ............................................ 141

                                      Figure 6-5.         Over-water designations based on extension of upland environments                                             ........ 145

                                      Figure 6-6.         Over-water use (dock) regulations tied to nearest adjacent upland
                                      environment         .................................................................................................................     147

                                      Figure 6-7. Using more than one aquatic environment                                      ................................................ 148









                        SMIP Handbook - 1994 Edition



                        Figure 6-8. Setting Minimum Distances to Shoreline Environments From
                        Specified Aquatic Uses               . ...............................................................................................    149

                        Figure 6-9. Typical Environment Designations                                 ...........................................................  151

                        Figure 6-10. Use of Parallel Environments to Achieve Better Resource
                        Protection and Redevelopment Opportuntities                                .............................................................  152

                        Figure 7-1        ...................................................................................................................     248

                        Figure 8-1. Design Criteria for Riprap Revetments                                  .....................................................  278

                        Figure 8-2. Typical Rock Bulkhead                          ............................................................................   279

                        Figure 8-3. Typical Concrete Bulkhead                            ......................................................................   280

                        Figure 10-1. Examples of water-dependent, water-related, water-enjoyment, and
                        non-water-oriented uses                ...............................................................................................    369

                        Figure 10-2. Generalized physical requirements for specific water-oriented uses                                                  ......... 372

                        Figure 11-1 Fishermen's Terminal in Seattle, a Mixed-use Project                                        . ..............................  386

                        Figure 11-2 Mixed-use formula based on a maximum percentage of the building's
                        ground floor area being non-water-oriented                            .................................................................   387

                        Figure 11-3 Mixed-use formula based on a percentage of land area                                            ............................. 389

                        Figure 11-4. Mixed-use provisions using parallel environments that require water-
                        oriented uses         ................................................................................................................    390

                        Figure 11-5 Mixed-use provisions allowing non-water-oriented uses if the uses are
                        set back from the shoreline                ...........................................................................................    391

                        Figure 11-6 Illustration of n-tixed-use provisions requiring that non-water-
                        dependent uses be separated from the shoreline by public access and a water-
                        oriented use         .................................................................................................................    392

                        Figure 12-1. Seattle's Master Program Allows Over-water Non-water-oriented
                        Uses     ............................................................................................................................     406


                        Figure 12-2. Example of Site Specific Public Access Improvements as a
                        Condition of Substantial Development Permits                               .............................................................  409

                        Figure 13-1. Options for Determining Shoreline Jurisdiction on Rivers                                             ....................... 413

                        Figure 14-1. Typical Environment Designations                                  .........................................................  428








                               SMY Handbook - 1994 Edition



                               Figure 14-2. Use of Parallel Environments to Achieve Better Resource Protection
                               and Redevelopment Potential             ....................................................................................... 430

                               Figure 14-3. Parallel environment used to preserve open shoreline on waterward
                               side of roadway        ........................................................................................................... 431

                               Figure 14-4. Example of a Parallel Corridor Used to Reduce View Impacts                                ............... 432

                               Figure 14-5. Cross Section Illustrating Use of Parallel Environment to Protect
                               Steep Slopes       ................................................................................................................ 434

                               Figure 14-6. Parallel Environment Used to Create Riverine Conservancy Corridor                                 ..... 436

                               Figure 16-1. Approaches to Off-site Mitigation                   .......................................................... 448

                               Figure 17-1. Example of Trail Development in Sensitive Areas                          .................................. 471










































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                     SW Handbwk - 1994 Edition


                     List of Appendixes

                     Appendix A - Technical Assistance Paper, Integrating Growth Management with
                     Shorelines Management: Local Options

                     Appendix B - Suggested Techniques for Compensatory Mitigation Planning









































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                                 SMIP Handbook - 1994 Edition















                                 CHAPTER I
                                 Introduction to the
                                 Handbook


                                 Purpose

                                 This Handbook is a guide for preparing or updating shoreline master programs
                                 in the State of Washington. Its purpose is to describe the elements, procedures
                                 and practices in preparing shoreline master programs (SNP) in accordance
                                 with the Washington State Shoreline Management Act of 1971 (SMA or the
                                 "Act") and the Washington Administrative Code (WAC). To that end, it
                                 contains detailed information and recommendations regarding:

                                 I . The contents and organization of master programs;

                                 2.  The process to prepare and submit master programs and amendments to
                                     the Washington State Department of Ecology (Ecology); and

                                 3.  Guidelines, examples and model language for each of the principal sections
                                     typically found in master programs (see Chapters 4-9).

                                 The Shoreline Master Program Handbook represents a compilation of the
                                 "best practices" contained in existing shoreline master programs, but also
                                 incorporates state-of-the-art strategies in shoreline management that have been
                                 developed and refined as a result of practical experience over the past two



                                 Chapter I - Introduction to the Handbook                                  H-1









                            SMEP Handbook - 1994 Edition

                            decades. Most master programs were developed and adopted over fifteen                        40
                            years ago, and many cities and counties are now working on amendments to
                            update their programs and address emerging issues. The Handbook is
                            designed to provide a comprehensive set of policies and regulations upon
                            which local jurisdictions can draw in developing future master program
                            amendments.

                            This Handbook is a partial fulfillment of Ecology's responsibility to provide
                            technical assistance to local governments in the implementation of the State
                            Shoreline Management Act. The Handbook is Volume H of the two-volume
                            Shoreline Management Guidebook. Volume I is the Shoreline
                            Administrator's Manual; a tool for the local permit administrator plamer.

                            History of the SMA

                            In 1969, the Washington State Supreme Court decided in the case of Wilbur v.
                            Gallagher (77 Wn 2d 302), commonly known as the "Lake Chelan Case", that
                            certain activities along shorelines were contrary to the public interest. The
                            court findings required that the public interest be represented in the proper
                            forum for determining the use of shoreline properties. The ramifications of this
                            decision were significant in that developers, environmentalists and other
                            interested parties began to recognize, although probably for different reasons,
                            the need for a comprehensive planning and regulatory program for shorelines.

                            Wilbur v. Gallagher was a case primarily involving property rights. It was
                            decided at a time of heightened environmental awareness. Federal legislative
                            comn-dttees were hearing the beginnings of what eventually became the
                            National Environmental Policy Act of 1969. "Earth Day" and the concept of
                            11 spaceship earth" were part of the American scene. "Conservationists" had
                            become "environmentalists" and some had even gone so far as to call
                            themselves "ecologists". Whatever the name or concept, concern for fragile
                            ecological areas became important, along with the rights of property
                            ownership.

                            Voters of the state, seeing the failure of the Seacoast Management Bill in the
                            State legislature, validated an initiative petition commonly titled the "Shoreline
                            Protection Act". The State legislature, choosing between adoption of the
                            peoples' initiative petition or its own alternative, passed into law the "Shoreline
                            Management Act of 1971 ", effective June 1, 197 1, which contained the
                            provision for both statutes to be deferred to the electorate in the November
                            1972 election. The election issue required that voters respond to two
                            questions: (1) Did they favor shoreline management? And (2) which
                            alternative management program did they prefer9 Most Washington voters




                            Chapter 1 - Introduction to the Handbook                                    H-2









                                    SMY Handbook - 1994 Edition



                                    favored both shoreline management and the legislature's alternative by an
                                    approximate 2 to I margin. It is important to keep in m@ind that the SMA was
                                    a response to a peoples' initiative and was ratified by the voters, giving the Act
                                    a populist foundation as well as an environmental justification.

                                    The Act's paramount objectives are to protect and restore the valuable natural
                                    resources that shorelines represent and to plan for and foster all "reasonable
                                    and appropriate uses" that are dependent upon a waterfront location or that
                                    offer opportunities for the public to enjoy the state's shorelines. With this clear
                                    mandate, the provisions of the SMA established a planning and regulatory
                                    program, which is initiated at the local level under state guidance.

                                    This cooperative effort balances local and state-wide interests in the
                                    management and development of shoreline areas by requiring local
                                    governments to plan (via shoreline master programs) and regulate (via permits)
                                    shoreline development. Local government actions are monitored by Ecology,
                                    which approves new or amended SMPs, reviews substantial development
                                    permits and approves conditional use permits and variances (see Figure 1-1).
                                    The master program is essentially a shoreline comprehensive plan with a
                                    distinct environmental orientation applicable to shoreline areas and customized
                                    to local circumstances. Collectively, all the local master programs throughout
                                    the state comprise the State Shoreline Master Program.

                                    Geographic Applications
                                    of the SMA

                                    The Shoreline Management Act covers all shorelines of the state   ' including
                                    "shorelines" and "shorelines of state-wide significance" (SSWS). Provisions of
                                    the Act apply to the following geographical shoreline areas (see RCW
                                    90.58.030 (2)):

                                    1 . All marine waters of the state, together with the lands underlying them;

                                    2.  Streams and rivers with a mean annual flow of 20 cubic feet per second
                                        (cfs) or more;

                                    3.  Lakes and reservoirs larger than 20 acres in area; and

                                    4.  Wetlands associated with the above (this is a specific SMA term which
                                        includes related dry upland, shoreland and wetland areas).








                                    Chapter 1 - Introduction to the Handbook                                      H-3









                           SMY Handbook - 1994 Edition



                           Figure 1-1. Local and State Responsibilities






                                      Local Government                        State (Ecology)
                                         Responsibifity                        ResponsiWity


                                    To administer the SNIA at           To insure that the SMA's
                                    the local level.                    objectives are implemented
                                                                        statewide.

                                    To perform shoreline                To assist local government
                           0        inventory, analysis and             in addressing the full range
                                    planning and public                 of new and emerging
                                    participation activities in         shoreline management
                           T        preparation of the SW.              issues (e.g. wetlands,
                                                                        ocean use activities, public
                                                                        access, special area
                                                                        management planning,
                                                                        etc.)
                           Cn
                                    To prepare the SMEP and             To review and approve
                                    update regularly and sul@mit        locally prepared SMT's and
                                    to Ecology for approval.            amendments that are
                                                                        consistent with the Act and


                                    To review all substantial           To review all shoreline
                           @r       development conditional             substantial development
                                    use and variance permits to         permit applications
                                    approve, condition or deny          submitted by local
                                    permit applications and to          governments, and, to
                                    submit all approved                 review and d@cide upon
                                    applications to Ecology for         shoreline CUP and
                                    review.                             variance permits.

                                                                        To enforce the SMA in
                                    To enforce the provisions           cooperation with, or
                                    of the local master program         independent of, local
                                    within the authority given          government.













                           Chapter I - Introduction to the Handbook                                      H-4









                                   SW Randbook - 1994 Edition


                                   Shoreline Master Programs

                                   The SMA sets up a process for managing development of the state's shorelines
                                   through state-monitored, locally-administered permitting programs. Local
                                   goverrunents are required to prepare a detailed shoreline inventory and a
                                   it shoreline master program" to manage shoreline development. Based upon the
                                   inventory of local shorelines, a system for categorizing various segments is
                                   established through application of shoreline environment designations. The
                                   Act specifies that master programs include policy statements (i.e. the required
                                   11 elements") that take into account econon-dc development, public access,
                                   circulation and transportation, recreation, shoreline use, conservation and
                                   historical and cultural aspects of the shoreline area (RCW 90.58.100 (2)).
                                   From these policy statements, regulations are derived which establish
                                   appropriate permitted uses and standards within each shoreline environment.

                                   Following approval of its master program, local government is required to
                                   administer and enforce a procedure for issuing permits for activities in the
                                   shoreline area. The Act requires local government to take primary
                                   responsibility for initiating and administering the regulatory program. Ecology
                                   is required to support local efforts and to review programs and permits for
                                   consistency with the Act (RCW 90.58.050).

                                   By providing guidance and assistance to local governments in preparing and
                                   updating master programs, this Handbook is an integral part of Ecology's
                                   support mission.



























                                   Chapter 1 - Introduction to the Handbook                                   H-5










                          SW Handbook - 1994 Edition


                          User's Guide to the Handbook

                          Chapter Format

                          This Handbook is divided into two parts. Chapters 1-9 address SMP
                          preparation. Chapters 10- 18 address special topics, for example, public access
                          and off-site environmental m@itigation.
                          Chapters 4-8 each cover a specific master program component and are divided
                          into two sections:

                          I . Introduction: Describing the purpose, format and special considerations
                              involved in preparing the applicable master program section.

                          2.  Model Language: Presenting sample provisions for a typical master
                              program. The model language has been compiled fi7orn several sources and
                              represents a set of "best practices" related to the topic. The sample
                              provisions can be customized by the local government for use directly in a
                              master program. They do not necessarily represent mandatory state-wide
                              requirements. Their intent is to provide assistance and information rather
                              than act as a constrictive specification. Chapters 4-9 contain all the
                              components of a complete SMP.

                          Throughout the text you will also find:

                jl@@'     Special Tips

                          Which answer commonly asked questions or explore special topics in greater
                          detaiL


                          Notes to Master Programmers

                          Which provide additional background information on special topics
                          concerning the shoreline elements, uses or aclivifies. These are located
                          throughout the model provisions.


                          References

                          The fundamental reference for updating and amending master programs is, of
                          course, the Shoreline Management Act of 1971, RCW 90.58. WAC-173-16,
                          which contains guidelines for preparing master programs, is also essential for
                          preparing master programs. You should always work from the most current
                          edition. Check with Ecology's Shorelands Program for copies of current
                          RCWs and WACs.



                          Chapter I - Introduction to the Handbook                                     H-6









                                  SNIP Handbook - 1994 Edition



                                  The Shoreline A&Wnistrator's Manual, Volume I of the Guidebook, discusses
                                  the SNT's legal and historical foundations in greater detail. The Manual
                                  discusses the flip side of shoreline management: permit review and most of the
                                  topics that have relevance to master program implementation. Chapter 19
                                  provides a detailed list of technical references by subject area.


                                  Contacts for Assistance

                                  The Ecology Shorelands Program SW Coordinator should be your first point
                                  of contact for assistance in updating a local SNP (Telephone: (206) 407-
                                  6523).










































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                                      SW Handbook - 1994 Edition















                  50-












                                      CHAPTER 2
                                      SMP Organization


                                      Introduction

                                      Proper organization of a shoreline master program can influence its
                                      coordination with other local regulatory programs and improve its
                                      administration and public understanding. This chapter exam@ines two basic
                                      aspects of program structure: (1) the way components are organized in an
                                      SW and (2) the relationship between SW policies and regulations.
                                      Because it is important that the program be clearly understandable to the
                                      public, the chapter also includes a section describing tools to aid public
                                      understanding of shoreline master programs.




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                            SW Handbook - 1994 Edition


                            SMP Components

                            Shoreline master programs contain the following:


                            A. Introduction


                                   I . The history and objectives of shoreline management in
                                       Washington State;

                                   2.  The legislative and legal framework and applicability of
                                       shoreline master programs (see the Shoreline Administrator's
                                       Manual);

                                   3.  The relationship of the shoreline master program to other
                                       regulatory programs; and

                                   4.  How to use the SMP, including a guide to processes and
                                       concepts involve'd with shoreline management and an
                                       organizational outline of the document (see Figure 2-1).


                            B.     Goals


                                   The goals are the broadest principals that establish the intent behind
                                   the policies and regulations contained in the SNIP. Goals are
                                   organized into the following "Master Program Elements" as
                                   directed in WAC 173-16-040.


                                   1. Shoreline Use Element;

                                   2. Economic Element;

                                   3.  Circulation Element;

                                   4.  Conservation Element;

                                   5.  Public Access Element;

                                   6.  Recreational Element;

                                   7.  Historic/Cultural Element; and

                                   8.  Other Elements: as added by local governments (e.g. Growth
                                       Management Planning, Community Redevelopment, Education,
                                       Public Trust Elements).



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                                     SW Handbook - 1994 Edition


                                     C.     General Policies and Regulations

                                            This section includes specific policies and regulations for shoreline
                                            management topics which apply equally in all environment
                                            designations such as public access, view protection, parking, water
                                            quality, utilities, signs, stormwater runoff, erosion, vegetation
                                            management, shoreline modification and wetland preservation.
                                            This is also a good location for policies related to Shorelines of
                                            State-wide Significance. Experience with contested permits
                                            indicates that regulations must flow directly from policies, hence a
                                            general policies section is also included in our example.

                                     Special Tip

                                     Generalpolicies and regulations cover the most hasic shoreline
                                     management issues and a hroad range of shoreline conditions. Yhe
                                     generalpolicies and regulations are applicahle to most governmental
                                     jurisdictions throughout the state. Recent experience indicates that use of
                                     general regulations makes master programs simpler hy reducing
                                     redundancy and hulk in the text resulting in a more accessihle SMP that is
                                     easier to administer. Therefore, this handbook encourages master
                                     programs to contain strong general policies and regulations and includes
                                     model languagefor these generic components.





                                         e
                                              @` "A' -










                                     Chapter 2 - SNEP Organization                                         H-10









                          SMY Handbook - 1994 Edition



                          Figure 2-1. SMY Elements and Processes


                               How Developed                                         Section/Contents                                        How Used
                               Written by local governments. A good                  Goals                                                   Primarfly as a foundation for the
                               vehicle for citizen involvement                       Broadest policy contained in the SNIP                   policies and regulations in other
                               Interprets state-%vide objectives in local            elements" categories. Provides basis for                sections. Recommendations for other
                               terms.                                                all other policies and regulations. Also                local actions could be used to coordinate
                                                                                     could include recommendations for other                 other local government efforts consistent
                                                                                     actions (e.g. biostudies, civic development,            with the SNIP.
                                                                                     park acquisition) outside the typical scope
                                                                                     of SNIP administration.


                               Local application of state guidelines.                General Policies & Regulations                          A useful place to locate regulations and
                               Should be relatively consistent                       Provisions that apply to all environments,              avoid repetition of similar regulations in
                               jurisdiction to jurisdiction.                         uses or activities including public access,             several use or environment categories.
                                                                                     water quality, wetland protection, utilities,           This may be the last place a permit
                                                                                     signs, etc.                                             applicant will look so must be cross-
                                                                                                                                             referenced to specific use and activity
                                                                                                                                             regulations.

                               Since this section is most responsive to              Environment Designation Policies &                      This section will occupy the bulk of the
                               local conditions, it is the best way to               Regulations                                             planning effort during SNIP update. It
                               integrate SNIP into local planning                                                                            %vill be used by local governments as a
                               efforts and address issues such as; public            1.  Description of environment                          comprehensive shoreline development
                               access planning, waterfi-ont                              designations and criteria for                       and regulatory tool. Permit applicants
                               redevelopment and protection of specific                  classif@,ing shorelines.                            will turn here fast to detem-dne what
                               habitats. This section, developed by                                                                          can be done on their property. There is
                               local governments, evolves from                       2.  Policies and regulations for each                   a chance for confusion with zoning
                               comprehensive land use and shoreline                      designation based on location,                      ordinance.
                               planning.                                                 physical and design objectives.
                                                                                     3.  Shoreline environment maps and                      Note: Uses permitted in each
                               Local government establishes                              descriptions establishes geographic                 environment must be consistent with the
                               environment designations based upon                       extent of environment designations.                 stated purpose of each environment
                               shcreline inventory and WAC
                               designation criteria.
                                                                                                                                             Used by local governments to identify
                                                                                                                                             applicable environment designations for
                                                                                                                                             specific shoreline locations.

                               State provides guidelines and local                   Shoreline Use Policies & Regulations                    Once applicant detennines environment
                               jurisdictions custon-dze.                             Development guidelines and standards for                specific regulations regarding use,
                                                                                     specific uses (e.g. marinas, industry, etc.)            shc/he will turn to use regulations to
                                                                                                                                             identify specific standards for that
                                                                                                                                             particular use.

                               State provides guidelines and local                   Shoreline Modification Activity Policies                Applicant must check this to see that
                               governments customize. Especially                     & Regulations                                           proposed construction conforms. Deals
                               important to coordinate with other                    Development guidelines/standards for                    primarily with construction issues.
                               agency regulations (e.g. Corps, Wildlife,             construction activities in preparation of or
                               Fisheries, etc.).                                     supporting a shoreline use.

                               State provides guidelines consistent with             Permit Adndnistration                                   Used primarily by local shoreline
                               legal requirements of the SNIA/WAC.                   Addresses the detai Is of shoreline                     administrator to identify the step-by-step
                                                                                     management implementation.                              process for processing all shoreline
                                                                                                                                             permits, appeals, enforcement actions
                                                                                                                                             and SNIP amendments.


                               Local government establishes                          Shoreline En%ironment Maps and                          Used by local governments to identify
                               environment designations based upon                   Descriptions                                            applicable environment designations for
                               shoreline inventory and WAC                           Establishes geographic extent of                        specific shoreline locations.
                               designation enteria.                                  environment designation.






                            Chapter 2 - SMEP Organization                                                                                                                                   H-11









                                       SMP Handbook - 1994 Edition



                                        D.       Policies and Regulations for Specific
                                                 Environment Designations

                                                 WAC-173-16-040 (4) calls for classifying shorelines into specific
                                                 11 environment designations" based on the shorelines physical,
                                                 biological and development characteristics. The WAC recommends
                                                 four basic environment classifications including "natural",
                                                 of conservancy", "rural" and "urban" categories, but many local
                                                 governments have added additional classifications to this list.
                                                 Policies and regulations are developed for each designation,
                                                 reflecting the specific purpose and intent of each environment and
                                                 responding to its specific conditions. Environment designation
                                                 regulations can, for example, establish standards for:

                                                 1. Locations where water-dependent, water-related, water-
                                                    enjoyment uses and non-water-oriented uses are
                                                    pertnitted/prohibited,

                                                 2. Shoreline setbacks, over-water construction and building height
                                                    standard specific to each designation;

                                                 3. Locations where mixed-use developments are either encouraged
                                                    or prohibited; and

                                                 4. Protection of environmentally sensitive areas.

                                                    Environment-specific regulations are commonly placed in a
                                                    series of matrices or charts indicating the use/activity
                                                    development standard. These matrices often become the most
                                                    referred to part of the SN1P document and are encouraged.
                                                    Where necessary, the matrices refer to specific regulations in
                                                    the SN4P text that state the requirement in greater detail.

                                        E.       Shoreline Use Policies and Regulations

                                                 Development regulations supported by related policies for specific
                                                 shoreline "use" categories such as agriculture, aquaculture, mining,
                                                 commercial, industrial, recreation and marinas are included in this
                                                 chapter. A shoreline "use" is defined as the "end" to which a land
                                                 or water area is ultimately employed.






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                              SW Handbook - 1994 Edition


                              F.      Shoreline Modification Activity Policies
                                      and Regulations

                                      .Shoreline modification "activities" are considered by WAC 173-16-
                                      060 as "use activities" although for management purposes we have
                                      separated them. They include dredging, landfill, piers, bulkheads,
                                      etc. Shoreline modification activities are usually preliminary
                                      construction actions undertaken in preparation for, or in support of,
                                      a shoreline use and should not be granted a permit unless a "use" is
                                      specified.

                                      There are several advantages of distinguishing "use" from
                                      flactivity". One is that a single use, such as a marina, may require
                                      several activities, such as pier and breakwater construction,
                                      dredging, grading, etc. Also a single activity may be a part of
                                      developing a variety of uses. However, for legal purposes, such as
                                      conditional use and variance, "uses" and "activities" are treated
                                      together as "uses" (e.g. a prohibited "activity" could not be granted
                                      a variance or conditional use pern-iit). What must be kept in mind is
                                      that the distinction is also important because a permit should not be
                                      granted for a modification activity unless a use is specified. For
                                      example, dredging may be perm=itted as necessary to develop a
                                      berthing pier but not in preparation for an inappropriate dump site.
                                      Shoreline modification activity regulations generally deal with
                                      construction impacts whereas use regulations typically address
                                      longer term shoreline management issues.

                              G.      Program Administration

                                      Establishes adn-iinistrative procedures and responsibilities of all
                                      involved including:

                                      1. Applicability;

                                      2.  Permit application requirements and process;

                                      3.  Local appeal and interpretations-,

                                      4.  Enforcement- and

                                      5.  Process for updating/revi sing SNIP.







                               Chapter 2 - SNIP Organization                                            H-13









                                     SW Handbook - 1994 Edition
     is                              H. Definition of Terms

                                             Refer to glossary at the end of this document.


                                     1.      Technical References

                                             An optional but helpful section is a list of references pertaining to
                                             each category addressed in the Handbook for use by those seeking
                                             additional technical information.


                                     I       Personnel Contacts

                                             Another helpful piece of information is a list of state and federal
                                             agencies that are involved in some capacity concerning the
                                             management of state shorelines.

                                     K.      Environment Designation Maps and
                                             Descriptions

                                             These maps should be recognized as a major component of every
                                             SUT.

                                             I . Shoreline Environment Designation Map(s) showing geographic
                                                 extent of environment designations; and

                                             2.  Common boundary descriptions for each environment
                                                 designation indicating the border where each designation begins
                                                 and ends.























                                      Chapter 2 - SAIEP Organization                                        H-14










                                 SM[P Handbook - 1994 Edition
                                 The Relationship Between Goals,                                                                 40
                                 Policies and Regulations

                                 For the purpose of this Handbook, "goals" mean the broadest expression
                                 of community desires consistent with the SMA. A "policy" is a
                                 commitment to act in a prescribed manner in the administration of the
                                 master program. Most policy statements use the verb form "should" to
                                 indicate the principal to be upheld in making a decision and that the policy
                                 direction itself will require interpretive judgment in applying it to a specific
                                 case. A "regulation" is an authoritative rule dealing with the specifics of
                                 a use or physical standard. Regulations are specific, as definitive as
                                 possible, and generally use the verb form "shall" to indicate that the
                                 statement must be conformed to. The term "provision" is used in this
                                 Handbook to include goals, policies and regulations. Shoreline master
                                 programs include goals, policies and regulations relating to development in
                                 shoreline areas (see Figure 2-2).








                                                                         Goals are the broadest value statements and
                             Goals                                       recom ndations organized into SMP
                                                                         "Elements" and placed in their own chapter.


                                                                         Policies are the bridge between goals and
                                                                         regulations, translating the general into the
                                                                         specific.

                                                                         Since policies are useful in interpreting the
                            Policies                                     intent of regulations, they should be located
                                                                         in the same section as the regulation.

                                                                         Regulations are specific, enforceable controls
                                                                         and standards for shoreline development.
                       REGULATIO                                         They are organized into general regulations,
                                                                         environment designation regulations
                                                                         (optional), use regulations and shoreline
                                                                         modification activity regulations.





                                 Figure 2-2. The Organization of SW Goals, Policies and Regulations
                           @Policies


                                 Chapter 2 - SNIP Organization                                                H-15









                                         SMEP Handbook - 1994 Edition



                                         Legally, the entire SMP is adopted by Ecology as a planning and regulatory
                                         program and incorporated in the WACs. In practice, however, the SMP
                                         policies are adhered to with more flexibility than the use regulations in the
                                         review of development proposals at the local and state level. Most
                                         jurisdictions use the f6gulations as the primary standards against which all
                                         development proposals are evaluated. The policies form the umbrella
                                         framework under which the regulations were originally developed and are
                                         now used to help interpret, give support to or explain the regulations. It is
                                         important to keep in-mind that the mandate of the SMA is to implement
                                         adopted shoreline policy.

                                         An underlying issue in the organization of a master program is whether to
                                         compile all the policy statements into a discrete section of policies or to
                                         include relevant policies as an introduction to each of the regulation
                                         sections. In the past, some jurisdictions have placed all the policies in a
                                         single section and organized them into the required master program
                                         "elements." However, practice has shown that separating the policies from
                                         the regulations has reduced their practical linkage and effectiveness in
                                         providing guidance to the interpretation and implementation of specific
                                         regulations. Therefore, it is strongly recommended that policies specific to
                                         general use, activity or environment designation regulations be included in
                                         each of those sections. This leaves the Goals section to address the most
                                         general objectives related to shoreline master program elements as
                                         applicable to the particular jurisdiction. The specific policies then become
                                         the bridge between goals (elements) and the regulations, and can be located
                                         in the section which makes the connection between policy direction and
                                         implementing regulation most apparent and effective.

                                         Special Tips for Writing
                                         SMP Provisions

                                         1.  Use the verb form "should" in policy statements to indicate intent and
                                             provide direction while at the same time allowing needed administrative
                                             flexibility.

                                         2.  Use the verb form "shall" when stating mandatory regulations.

                                         3.  Use the term "may be permitted" or "may be allowed" when describing
                                             a use or modification activity that could be permitted subject to and
                                             complying with the SMP provisions (e.g. marinas may be permitted in
                                             the Urban environment designation). This provides the jurisdiction the
                                             expressed discretion of approving, approving with conditions or
                                             denying proposals.



                                         Chapter 2 - SW Organization                                                H-16









                                SMEP Handbook - 1994 Edition



                                4.   Use the verb form "will" when i      ribing an administrative action taken
                                     by the government (e.g. the citN     I review the submittal and approve
                                     or deny the permit application;

                                5.   Use the term "prohibited" whei    -_--.,,ribing a use, activity or condition
                                     that is not permitted under any      .,.mstance. This is very important,
                                     because a "prohibited" use cap       , granted a variance or conditional
                                     use process. WAC 173-14-14           '@s that a conditional use permit
                                     shall not be granted for a use V     .5 specifically prohibited. The
                                     various sections of a master py.     '.i applied during the review of a
                                     project should not conflict aw"      ...en the intent of the WAC so that
                                     If not permitted" may be giver,      ierall connotation of "not usually
                                     permitted", thus opening the       -Wity of applying the conditional use.
                                                                   iL  1i;
                                     The lack of a specific prohib tion aiso fuels the confusion. The bottom
                                     fine is, state the use as "is prohibited" if you want to insure that the
                                     prohibition will stand up.

                                6.   Wherever possible, cross-reference interrelated general use,
                                     environment designation and modification activity regulations so it is
                                     clear that all apply. This will make administration easier and the
                                     document more user-ftiendly.

                                7.   Use the general term "shoreline permit" if the referenced provisions
                                     could apply to a substantial development, variance or conditional use
                                     permit, or any combination thereof

                                8.   Often, a large maritime industrial or commercial activity will require
                                     non-water-oriented uses such as parking or office and warehouse
                                     space. Unless some accessory use provision is included in the master
                                     program, these support activities will be difficult to regulate. At the
                                     same time, the definition of an accessory use must not be so broad as to
                                     allow uses that are not subordinate to and supportive of the primary use
                                     or else unintended uses could be permitted on the shoreline as
                                     accessory uses. Thus, an accessory use should be defined as follows:

                                     Accessory Use: A use that is demonstrably subordinate and incidental
                                     to the principal use and whichfunctionally supports its activity.













                                Chapter 2 - SW Organization                                                H-17








                            SMY Handbook - 1994 Edition















                            CHAPTER 3
                            SMP Amendment
                            Process



                            Introduction

                            Generally speaking, amending (updating) a local shoreline master program
                            (SNT) involves a two-step process (see Figure 3-1):

                            Step I    Preparation of amendments for review and approval at the
                                      local level (WAC 173-19-060 and -061).

                                      Note: A "draft" ofproposed amendments must be sent to
                                      Ecologyfor review and comment before local action is
                                      taken.

                            Step 2    Transmittal of the locally approved amendments to Ecology
                                      who must then review and process the proposals (WAC 173-
                                      19-062(4)), and where consistent with the SMA, adopt them.

                                      Note: All masterprogram amendments must be reviewed
                                      and adopted by Ecology in order to become effective.






                            Chapter 3 - SMEP Amendment Process                          H-18









                          SMY Handbook - 1994 Edition



                          Figure 3-1. SMY Amendment Process






                                                Process to Amend
                                           Shoreline Master Programs

                                      [7Form. Citizens Advisory Committee


                                        Perform technical and public participation
                                            tasks necessary to develop SMP
                                           amendments (see process described
                                                   below in Step 1)
                                                                                      Ecology review &
                                                                                10   comment on "Draft"
                                                                                     before it goes public
                                              Advertise public hearing
                                               (3 consecutive weeks)




                                                 Hold public hearing

                                      F       Local government decision


                                                  Apply to Ecology
                                      F      (see application requirements)
                             06.


                                                   Ecology Review
                                      F          (requires 3-5 months)
                                                        -1 --
                                               ECOLOGY ADOPTION
                                             SMP amendments take effect















                           Chapter 3 - SMIP Amendment Process                                           H-19









                                    SW Handbook - 1994 Edition



                                    Step 2, Ecology review, will take at a minimum between three to five months
                                    for additional state agency, Ecological Commission and public involvement.
                                    The SMA and implementing WACs place specific procedural requirements on
                                    amending master programs including:

                                    1. Public involvement requirements at the local and state level;

                                    2.  Coordination with adjacent jurisdictions;

                                    3.  Coordination with applicable state agencies, Native American nations,
                                        federal agencies, etc.; and

                                    4.  Technical requirements for modifying specific master program sections.
                                        (For example, the requirements for justifying changes in environment
                                        designation boundaries are called out in WAC 173-16-040(4).)

                                    Because shorelines are a limited resource, they attract a lot of attention, and
                                    local and state-wide interests can certainly differ. Even minor changes in an
                                    SW can be complicated by a backdrop of comprehensive issues. Protection
                                    of the natural environment, optional use of shoreline resources, the desire for
                                    public access and other civic goals are not always congruent. Sometimes a
                                    change in one SNIP provision will trigger a necessary change in another
                                    provision. The bottom line is that many shoreline management issues are
                                    complicated.

                                    There are three basic levels of SNIP updates.

                                    1.  Selective Text Amendments

                                        Selective text amendments focus on changing a use or modifying specific
                                        shoreline policies and regulations or administrative provisions. This type of
                                        amendment usually does not require the comprehensive planning process,
                                        nor the environment designation change justification of the other two
                                        processes below. However, the proposed amendments must meet the
                                        requirements listed on the "Checklist for Submittal of SNIP Amendments
                                        (WAC 173-19-062)" in its most current form. A sample of the current
                                        checklist is included at the end of this chapter. An example of a selective
                                        text amendment would be a proposed change in the Piers and Docks
                                        provisions of the SM[P.

                                    2.  Changes in Environment Designations or Boundaries (i.e.
                                        environment map changes)

                                        Amendments which propose a change to an environment designation
                                        boundary require special scrutiny because they represent a fundamental
                                        change in the shoreline management system as locally applied. This type of
                                        amendment is often instigated by individual development proposals and can



                                    Chapter 3 - SMIP Amendment Process                                            H-20









                          SMY Handbook - 1994 Edition



                              result in "spot redesignation" of a shoreline and a general erosion of
                              shoreline resource planning and protection standards. Therefore it is
                              critical that these proposed SMT modifications be supported by a
                              comprehensive written justification for the redesignation. These should
                              address at a minimum, the three criteria in WAC 173-16-040(4), including:

                              1. The biophysical capabilities and limitations of the shoreline;

                              2. The existing development pattern in the area; and

                              3. The goals and aspirations of the local citizenry.

                          Special Tip

                          If the area in question is a shoreline of state-wide significance, additional
                          criteria apply; namely that priority should be given to thefollowing values in
                          descending order of preference:

                              1. Recognize andprotect 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  Provide for any other element as defined in RCW 90.58. 100 deemed
                                 appropriate or necessary.
                          (See Chapter 5for more information on shorelines of state-wide sjgn@ficance).


                              Chapter 6 discusses the process to establish or revise environment
                              designations. In addition, all of the requirements in the "Checklist for
                              Submittal of SNP Amendments (WAC-19-062)" apply (see the sample
                              checklist at the end of this chapter).

                          3.  Comprehensive SMP Update

                              The process to update a master program on a comprehensive basis is
                              presented below. Since even the easiest SNV amendment involves
                              extensive local and state review, it is often preferable to prepare a single
                              comprehensive update rather than several amendments over time.










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                                   Special Tip

                                   The comprehensive process outlined below may seem particularly lengthy.
                                   This is because our discussion is intended to accountfor a wide variety of
                                   conditions and to assist in developing a scope of work in which all of the steps
                                   are clearly defined Local governments mayfind that they do not require all
                                   of the steps listed in the process or that some of the comprehensive planning
                                   tasks have already been accomplished in other steps.

                                   The procedural model below and associated descriptions are presented as a
                                   guide rather than a recipe. However, there are certain steps of the process
                                   (e.g. public participation) which are required by law. Procedural
                                   requirements are referenced in the description for your convenience. Consult
                                   with Ecology Shorelands staff regarding the appropriate process.


                                   Comprehensive SMP
                                   Amendment Process

                                   Shoreline master programs are not designed as static documents. Conditions
                                   change and new objectives emerge that require master program updates.
                                   However, updating a master program on a piecemeal, issue-by-issue basis is
                                   not efficient because such an approach does not consider shoreline resources in
                                   a comprehensive manner. Therefore, it is recommended that local
                                   governments initiate a comprehensive update of their master programs when:

                                   I . Problems in adm@inistering the current master program arise frequently or if
                                       current master program regulations are not meeting stated goals.

                                   2.  Changes have occurred in the physical, economic or social environment
                                       that are not considered in a current master program.

                                   3.  Amendments are required to bring the master program into compliance
                                       with state-wide environmental standards or procedures.

                                   4.  New planning issues (e.g. Growth Management Act requirements) or civic
                                       objectives arise that can be addressed through shoreline management.

                                   5.  Annexation has occurred and added new shoreline area (WAC 173-19-
                                       044).








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                          In recent years, many governments have updated their ofiginal master
                          programs. These experiences have resulted in a set of suggested procedures
                          that have proven effective in updating local master programs. The steps in the
                          process outlined below are intended as a general guideline to be adapted to
                          local conditions and needs.

                          One benefit of comprehensively updating a master program is that it offers an
                          opportunity to incorporate Ecology guidelines into the updated program.
                          Since these guidelines are based on similar regulations that have proven
                          effective in other jurisdictions or incorporate other environmental regulatory
                          standards, they can provide a useful starting point. Their use can simplify
                          master programs and result in regulations that are easier to administer, that
                          comply with state requirements and that are congruent with those of other
                          regulatory agencies. Use of Ecology guidelines and models also typically
                          speed the amendment review approval process, since they represent acceptable
                          standards.

                          Comprehensive updating of a master program also offers the opportunity for
                          shoreline planning. Since the strong environmental regulations mandated
                          through the Shoreline Management Act of 1971 are based on both enabling
                          legislation powers and the public trust doctrine, master programs can be a
                          planning enforcement tool to direct shoreline use, implement public access
                          plans, encourage redevelopment, promote maritime industries and upgrade the                     is
                          environmental, visual and functional qualities of a local waterfront.

                          Also, a comprehensive SMP approach makes it easier to coordinate with
                          Growth Management Act requirements and incorporate public participation.
                          These two critical topics are discussed prior to the step-by-step SMP
                          amendment process outline.

                          Shoreline Management and Growth
                          Management

                          The Growth Management Act (GMA) has fundamentally changed the focus of
                          environmental protection in Washington State. It both empowers and requires
                          local governments to incorporate environmental protection into their decisions.
                          At the same time, the GMA did not repeal any preexisting environmental
                          legislation. The SMA, for example, remains unchanged and is still in full force
                          and effect. This means that local and state government must closely coordinate
                          implementation of the two laws. Fortunately, the two laws are quite
                          compatible.







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                                   The GMA requires local comprehensive plans and adoption of "development
                                   regulations". Similarly, the SNIA is a program that involves both
                                   comprehensive planning and implementation functions through use regulations.
                                   GMA-required comprehensive plan elements are similar in many cases to
                                   SMA-required shoreline master program elements. The goals relating to
                                   environmental protection are similar, particularly as related to public access,
                                   recreation and open space. Many of the environmental resources addressed in
                                   the SMA and its guidelines are also addressed in Growth Management as
                                    critical areas" and natural resource lands.


                                   The SMA focuses on shorelines, with jurisdiction limited to certain water areas
                                   and adjacent shorelines. The SMA applies to all cities and counties with
                                   shorelines of the state within their boundaries.






































                                   Shorelines and other water resources must be managed for a variety of industrial,
                                   agricultural, commercial, recreational and environmental purposes.






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                          Shoreline master programs (implementing the SMA) must receive state review
                          and approval before becoming effective and are adopted as state rule (WAC).
                          Certain shoreline permits require state approval, penalties are provided and the
                          State Shorelines Hearings Board hears appeals.

                          The GMA is broader; is limited to "growth" and "opting-in" counties and cities
                          (except that critical area protections apply to all); and local comprehensive
                          plans are "presumed valid" and do not require state approval. Sanctions for
                          GMA noncompliance now exist and appeals can be filed with regional growth
                          planning hearings boards.

                          Relationship Between Comprehensive Plans and
                          SMPs

                          A local government comprehensive plan contains a jurisdiction's vision of its
                          future. Local governments need to include the state perspective in this vision.
                          The state perspective is reflected in the GMA's comprehensive planning goals
                          found in RCW 36.70A.020. For local governments with shoreline areas within
                          their jurisdiction, the local vision should also consider and incorporate the
                          policies of the SMA (RCW 90.58.020).

                          Involvement of state agency staff is encouraged early on in the local planning
                          process - prior to SEPA review would be the ideal. One of the principal tenets
                          of the GMA is that local government decisions should be made with fall
                          knowledge of the consequences, addressing not only fiscal constraints but also
                          the environmental consequences. This presents an opportunity for Ecology to
                          share its expertise and available information with local planners and decision
                          makers. In so doing, appropriate and informed decisions will be made and
                          conflicts can be avoided.

                          A jurisdiction's vision in the comprehensive plan must be reflected in local
                          plans and implementing regulations. This includes local shoreline master
                          programs. Ecology encourages local governments to amend their SNTs so
                          they are consistent with their comprehensive plans. Of course, proposed
                          amendments to the local SNT cannot be approved unless they are consistent
                          with SMA policies, guidelines and regulations.

                          Local governments should incorporate shoreline policies and issues in their
                          comprehensive planning process. The extent to which shorelines policies and
                          issues are incorporated depends on the jurisdiction and the extent and character
                          of shoreline resources in the area. The key to effectively incorporating
                          shoreline issues is to include them as an integral part of the planning process,
                          rather than adding them on at the end.





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                                  SMA Policy Fundamentals

                                  Local governments will undoubtedly use a number of methods to consider
                                  shorelines issues and concerns in the planning process. Shoreline areas and
                                  resources can be included in GMA-required inventories of critical areas and
                                  resource lands. Shoreline policies can also be incorporated into the
                                  comprehensive planning analysis of trends and opportunities. For example,
                                  changes on the waterfront from industrial to commercial use may create
                                  opportunities for shoreline redevelopment and increased public access.
                                  Shoreline factors can also be included in land capability and suitability analyses.
                                  Existing shoreline master program environment designations, floodplains,
                                  access to deep water shipping channels, fish and wildlife habitat and riparian
                                  vegetation should be addressed in planning suitability analyses.

                                  And of course, consultation with Ecology on draft plans and implementing
                                  regulations is encouraged. This peer review dan help local governments
                                  address potential problems before adoption.

                                  This will also make it easier for local governments to amend their SN1Ps to
                                  make them consistent with newly adopted comprehensive plans because
                                  Ecology will have had the opportunity to identify and resolve any problems
                                  during the comprehensive planning process.

                                  Shoreline related policies and issues to incorporate into GNIA-mandated
                                  comprehensive planning can, where applicable, include:

                                     ï¿½   Reserving appropriate shoreline areas for water-dependent, water-
                                         related and water-enjoyment uses;

                                     ï¿½   Protecting the character and resources of natural, conservancy and
                                         rural shoreline environments;

                                     ï¿½   Protecting the productive capacity and resource values of urban and
                                         suburban environments,

                                     ï¿½   Protecting shoreline wildlife sanctuaries and sensitive habitat areas
                                         (including kelp and eel grass beds),

                                     ï¿½   Protecting shoreline visual assets and physical access to the water,
                                         consistent with SMA and Public Trust Doctrine principles;

                                     ï¿½   Encouraging use and densities on adjacent lands that reinforce the
                                         policies of the SNIA and local master programs-,

                                     0   Planning for public utilities and transportation facilities so they
                                         reinforce shoreline environment designations;



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                               ï¿½   Considering river basin plans and the maintenance and restoration of
                                   riparian vegetation in shoreline areas and on tributary streams which
                                   affect shoreline resources;

                               ï¿½   Considering state and federal wetland protection policies in shoreline
                                   areas and adjacent lands;

                               ï¿½   Considering coastal hazards and the impacts of vertical land movement
                                   and sea level rise on coastal resources;

                               ï¿½   Considering state and federal floodplain policies in shoreline areas and
                                   adjacent lands (including Comprehensive Flood Hazard Management
                                   Plans);

                               ï¿½   Considering land clearing, soil disturbance and nonpoint runoff control
                                   measures affecting water quality in shoreline areas and adjacent lands-,

                               ï¿½   Considering applicable stormwater regulations and surface and ground
                                   water cumulative impacts as they affect shoreline resources;

                               ï¿½   Encouraging revitalization/restoration of blighted and degraded urban
                                   waterfronts consistent with SMA policy; and finally

                               ï¿½   The use of preferences of designated shorelines of state-wide
                                   significance (RCW 90.58,020), recognizing state-wide interests, long-
                                   term over short-term benefits, preservation of natural shoreline
                                   character and increased public access to such shorelines.

                           In light of the above, one can conclude that there is considerably more to
                           shoreline management than protection of critical areas. There are state-wide
                           concerns of preserving our finite shoreline areas for uses that must locate there,
                           maintaining or restoring the natural character of such resources, increasing
                           public access and general environmental protection. These shoreline issues and
                           concerns require specific attention in the local comprehensive planning process.

                           Each local SMP is a complete shoreline management "program" (i.e. more than
                           just a "plan"). Each master program consists not only of shoreline policies and
                           implementing regulations, but also an administrative (shoreline permitting)
                           component. Most local jurisdictions will want this pern-dt administration
                           component (with related shoreline regulations and development standards) to
                           be consistent with its other local planning policies and approaches. Many local
                           SMPs are currently out of date and may not be consistent with renewed local
                           visions. As a result, many local SMPs will need updating as an indirect
                           consequence of GMA planning mandates.






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                                  Integrating Comprehensive Plans,
                                  Development Regulations and SMPs

                                  Local governments in Washington State have twenty years experience
                                  integrating comprehensive plans and shoreline master programs. Some
                                  approaches have worked better than others. Alternative approaches include,
                                  but are not limited to:

                                  I .Treating SMPs as special area plans and special area regulations;

                                  2. Including a shorelines sub-element in the Conservation (or other) Element
                                     of the local Comprehensive Plan;

                                  3. Adopting a "development ordinance" with chapters which contain the
                                     SMP;

                                  4. Including SMP provisions, applicable Comprehensive Plan provisions and
                                     Development Regulations in a single document for a limited geographic
                                     area;

                                  5. Including a nonregulatory overlay in the Comprehensive Plan or
                                     Development Regulations;

                                  6. Integrating Sensitive Area Regulations with SMPs;

                                  7. Centralizing or integrating permlit services-,

                                  8. Simultaneous review of multiple permits; and

                                  9. Combining public hearings.

                                  These and other approaches are discussed in detail in an Ecology technical
                                  assistance paper prepared by Tim Trohimovich, AICP, titled Integrating
                                  Growth Management with Shorelines Management: Local Options
                                  (Washington State Department of Ecology, November 199 1). This is included
                                  in its entirety in the Guidebook as Appendix A.

                                  The process to update SMPs described in the following section indicates
                                  where special attention should be given to integrating shoreline concerns within
                                  local comprehensive plans.

                                  Public Participation

                                  Any master program amendment must incorporate public input and
                                  coordination with public agencies. The Shoreline Management Act states that
                                  all people should have an opportunity for involvement in the development and


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                          implementation of SNIPs and that Ecology and local governments shall actively
                          encourage participation by the public and federal, state and local agencies
                          (RCW 90.58.130).

                          WAC 173-16-040 suggests a process to comply with the SMA!s public
                          participation requirement consisting of the following actions:

                          1.  Appoint a citizens advisory committee to guide the master program
                              formulation-,

                          2.  Hold at least 3 public meetings during the draft SNT development and
                              environment designation process. Public notice should be given 7 days
                              before each meeting and a record should be kept of the proceedings. The
                              final meeting should be at least 7 days prior to the required public
                              hearing;

                          3.  Notice of public hearing must appear in a newspaper of general circulation
                              in the area in each of the three weeks preceding the hearing date (WAC
                              173-19-061(2));

                          4.  Publish a newsletter to explain the process and publicize meeting times and
                              locations;

                          5.  Publicize the mast er program update effort through radio and local news
                              media.

                          The procedures detailed in the WAC have generally been found to be effective
                          in building a consensus on shoreline management issues if representatives from
                          a broad spectrum of civic groups and interests are included. The number of
                          meetings and public notification steps may vary depending on the size of the
                          community and complexity of issues and necessary techniques for coordinating
                          with GMA requirements.

                          Step I - Local Process

                          As noted earlier, updating a master program is a two-step process. The first
                          step involves the development of new SNV provisions and approval by the
                          local government prior to subrnitting it to Ecology.

                          There are three broad categories of tasks in writing master program
                          amendments:

                          1. Setting or revising goals and general policies that serve as a foundation for
                              specific regulations and standards.




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                                   2.  Developing general, use and shoreline modification activity policies and
                                       regulations from state standards. This process is facilitated by adapting
                                       state guidelines for these regulations to fit local conditions.

                                   3.  Classifying various sections of the shoreline into environment designations
                                       and setting environment specific regulations for each designation. This
                                       effort requires comprehensive shoreline planning as it sets standards for
                                       shoreline use, height, bulk, environmental protection, site design and other
                                       issues for specific sections of the shoreline. This category of tasks is often
                                       the most difficult technically, but it offers the opportunity for communities
                                       to "fine tune" their master programs to do such things as protect special
                                       resources, coordinate redevelopment activities or promote maritime
                                       industries in special districts.

                                   There are ten separate tasks involved in Step 1 of updating a master program.
                                   The following numbered tasks describe the process that local governments are
                                   responsible for.

                                   Task 1: Form a Citizens Advisory Committee

                                   As stated earlier, WAC 173-16 recommends that local government form a
                                   citizen advisory committee (CAC) to provide a forum to discuss shoreline
                                   management issues, set goals, review technical work and propose regulations
                                   and to promote communication with the general public concerning shoreline
                                   management issues.

                                   The first meeting of the CAC should be used to introduce committee and staff
                                   members, outline the purpose, process and responsibilities of the committee
                                   and review issues needing attention.

                                   Following are some tips and suggestions for selecting a committee, establishing
                                   procedures, starting the process, building a working consensus and involving
                                   the public.

                                   Selecting a Committee

                                       ï¿½   Committee members should represent a cross section of interest groups
                                           and public values. However, all committee members should have
                                           experience in working toward consensus. "Radicals" or "extremists"
                                           who cannot work in a group setting should be passed over for
                                           individuals with similar values who can develop constructive solutions
                                           to satisfy opposing interests.

                                       ï¿½   Search for members who are committed to participating on the
                                           committee, not just those who are available.



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                               ï¿½  The comn-dttee should be limited to no more than about a dozen
                                  members unless there is an overriding circumstance. Larger groups can
                                  be unwieldy and prevent efficient work.

                               ï¿½  The committee chair should remain neutral and not represent a
                                  particular group or interest. When there is a conflict it should be the
                                  chair's primary task to direct the process and arrive at consensus.

                          Establishing Committee Rules and Procedures

                               ï¿½  It is very important to clearly describe the committee's authority,
                                  responsibilities and work procedures. Generally, the committee will be
                                  advisory to the planning commission, governmental councd or other
                                  decision making body. Clarify what the committee's tasks will be. (i.e.
                                  Will the committee actually help prepare the provisions or will they
                                  review and approve or reject stafrs language? Will they be given
                                  alternate provisions to choose between?) The committee's authority
                                  and responsibilities should be prepared in writing and should be
                                  indicated in the initial letter of invitation to prospective members.

                               ï¿½  Set a standard meeting time and place for committee meetings. That
                                  way all members can more easily adjust their schedules. Begin and end
                                  the meetings on time.

                               ï¿½  Discuss a long-term schedule, with the understanding that the process
                                  may take much longer. Since turnover can be expected, discuss how
                                  replacements will be selected.

                               ï¿½  Determine a decision making process. Is consensus required? What
                                  constitutes a consensus?

                               ï¿½  Keep at least informal minutes of the meetings.

                               ï¿½  Determine what will happen to the committee after the SNM is
                                  adopted. Unless there are specific tasks for the committee after
                                  adoption, it is recommended that the committee be disbanded. On the
                                  other hand, there have been instances where CACs have evolved into
                                  active, ongoing committees. These assist in substantial development
                                  permit review, shoreline program implementation and public access
                                  improvement programs.

                               ï¿½  Determine whether or not other citizens may take part in committee
                                  meetings. Although allowing all citizens to observe meetings is
                                  important, opening the discussion to the general public can be very
                                  distracting and prevent progress. It is recommended that outside
                                  participation during the meeting be limited, by allowing input in writing



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                                         or by invitation or appointment only, or by setting a specific time in the
                                         meeting for public comment.

                                 Starting up the Process

                                     ï¿½   A tour of the shoreline, especially a boat tour, is an ideal way to give
                                         the committee members a familiarity with the waterfront.

                                     ï¿½   It also can be useful to have "guest experts" such as port officials,
                                         Department of Fisheries and Wildlife staff, Ecology staff dealing with
                                         special issues, maritime economists, etc. address the committee to
                                         provide background information.

                                     ï¿½   Other committees have found the Shoreline Management Guidebook
                                         (or selected excerpts) a useful introduction to the work before them.
                                         Copies of the Guidebook are available from the Department of Ecology
                                         Shorelands Program.

                                 Decision Making
                                 The real key is to avoid a split committee vote. Each difficult issue must be
                                 tackled in a way that looks for a solution satisfactory to all interests. Such a
                                 solution is not necessarily a compromise, but rather a "solution" to a complex
                                 problem. Ideally a corrin-iittee should act as a team that considers all objectives.
                                 The win-win negotiating technique described by Roger Fisher and WiUiarn Ury
                                 in the book, Getting to Yes, provides a good model for solving potentially
                                 difficult conflicts. The approach features the following four elements in
                                 arriving at a fair solution to a conflict.

                                 1.  Separate people ftom the problem.

                                     Emotions often get in the way of solving conflicts. Hopefully, this will not
                                     be as big a problem in a conunittee setting as it is in negotiation, but
                                     personalities can arise and suspicion between different parties can Emit a
                                     committee's effectiveness. Fisher and Ury suggest several methods for
                                     dealing with emotions, including acknowledging both sides' perceptions
                                     and prejudices, not responding to emotional outbursts and using effective
                                     communication methods. The key is to build personal working
                                     relationships so all participants can work together to solve a problem,
                                     rather than create a conflict in which each side tries to win. Opportunities
                                     to meet informally, such as during a shoreline tour, help strengthen a
                                     working relationship.

                                 2. Focus on interests rather than positions. (Describe what each party
                                     wants, not what they demand.)





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                               A position is a statement or demand. An interest is a desire, a motivation
                               or a concern. "I don't want any public access in the industrial waterfront"
                               is a position. "I want to make sure that the safe, efficient operation of
                               industrial activities is not diminished by public access improvements" is an
                               interest. Focusing on interests rather than positions allows both sides to
                               explore areas of compatible interests and to attack the problem rather than
                               each others objectives.

                           3.  Explore optionsfor mutual gain.

                               Searching for creative solutions is preferable to simply trying to
                               compromise. Staff members can assist in this effort by proposing the
                               solutions that optimize all interests. Usually in SNV planning, or any other
                               type of planning, for that matter, there are a number of ways to satisfy
                               several interests. For example, in the case of a conflict between industrial
                               operators and public access advocates, there are several ways to promote
                               both objectives, including: 1) develop plans for public access features that
                               do not impede industrial activities, 2) include an SNT provision that
                               describes how to decide when public access is inappropriate or 3) describe
                               expficitly where public access is not required, allowing off-site public
                               access mitigation according to a specified plan.

                           4.  Use objective criteria to make a decision.

                               Resolving the issue ultimately means arriving at a decision that may not
                               please everyone. Before taking a potentially divisive vote, the committee
                               should evaluate all options with respect to objective criteria. In this case,
                               the criteria should obviously be the Goals and Objectives set out in the
                               Elements section. The preferred solution should be in conforinance with
                               the SMA and, if applicable, the priorities set for shorelines of state-wide
                               significance.

                           Getting to Yes develops these principles in detail and presents many useful
                           techniques for their implementation. The book is strongly recommended.

                           Special Tip

                           Major issues should be resolved locally to the maximum extent possible. Keep
                           in mind that locally unresolved or contentious issues will likely surface at the
                           state level as well.


                           The Nurturing of a Committee
                           This is most important. Remember that committee members are providing an
                           invaluable and difficult serv ice, and recognition of their work is important.
                           Each committee member deserves his or her viewpoint to be considered by the



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                                     other members and the staff. The greatest reward is knowing that they are
                                     making an important contribution. Keeping the committee on track in meeting
                                     objectives, verifying role(s) and reviewing performance occasionally will
                                     enhance this feeling.

                                     Public Outreach Program

                                     Public participation during the entire planning process is essential. Several
                                     optional public outreach techniques are discussed below,

                                         ï¿½   In some cases, distributing a mail-in or telephone survey early in the
                                             process to determine public opinion on shoreline management issues
                                             can be added. This optional step can provide a gauge of the public
                                             values useful in formulating goals and evaluating possible regulations.

                                         ï¿½   Another public outreach effort to both publicize the master program
                                             update and to elicit citizen participation is an open house forum. Such
                                             a forum is especially useful if sponsored and attended by the CAC,
                                             because it provides the opportunity to directly discuss issues at the
                                             project's outset.

                                         ï¿½   Two formats for beginning a planning process have proven effective in
                                             open houses. The first is the traditional public presentation to the
                                             complete group followed by a period where the large group is divided
                                             into smaller groups (six to twelve individuals) that discuss issues,
                                             problems and goals. These small group exercises are most effective
                                             when they are structured with specific work sheets, instructions and/or
                                             questions to discuss. Obviously, this open house format requires
                                             thoughtful preparation.

                                         ï¿½   A second open house format is the informal "drop-in" center at which
                                             individuals are invited to attend any time during an advertised 2 to 4
                                             hour period. Staff persons and/or CAC members are available to
                                             explain the upcoming process and discuss the project informally. It is
                                             often useful to display presentation graphics explaining key concepts,
                                             jurisdictional boundaries, etc. The use of a survey questionnaire form
                                             that provides space for general comments assists participants in
                                             expressing their concerns and values. These forms can be collected and
                                             tabulated to provide an index of participant comments.

                                             The advantage of the drop-in format is that it allows individual
                                             exchange of information in a relaxed setting. On the other hand, the
                                             presentation/group exercise format promotes the exchange of
                                             viewpoints and forces participants to recognize the wide range of issues
                                             and trade-offs involved with shoreline management.




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                          Special Tip

                          A list of "interestedpersons"' names and addresses that participated in the
                          process should be maintained so that they can be kept informed through the
                          local process and by Ecology during the state re vienv process addressed later
                          in Step 2.


                          Task 2: Inventory Shoreline

                          This step begins the effort to characterize the different environments that are
                          specific to different sections of the shoreline. Since shoreline inventories can
                          be time consuming efforts, they can be begun earlier and conducted in
                          conjunction with the previously fisted tasks. This work often involves
                          comprehensive shorefine management planning and deals with such varied
                          issues as central waterfront revitafization, view blockage, vegetation
                          protection, wetlands and sensitive areas protection and shoreline access. A
                          complete shoreline and resource inventory is an essential toot in this effort.
                          Therefore, base maps should be prepared on which the following information is
                          illustrated:

                               ï¿½  Shorelines of state-Aide significance
                               ï¿½  Shoreline jurisdiction and current environment designations
                               ï¿½  Wetlands (fi7om wetland inventory)
                               ï¿½  Parks, open spaces, trails (existing and proposed), public access in
                                  general.
                               ï¿½  Significant natural resources, marshes, bogs and swamps, vegetation,
                                  topography, habitat areas, etc.
                               ï¿½  Hazardous and sensitive areas: Slide areas, feeder bluffs, frequently
                                  flooded areas, floodways, floodplains, river deltas, aquifers, etc.
                               ï¿½  Shoreline uses: residential, commercial, industrial, etc.
                               ï¿½  Water depth and suitability assessment for commerce
                               ï¿½  Other planning and regulatory policies: zoning, comprehensive
                                  planning, revitalization plans, historic districts, etc.
                               ï¿½  Land and shoreline ownership, public tidelands and Public Trust
                                  Doctrine areas
                               ï¿½  Circulation systems, rail, etc.
                               ï¿½  Drainage or hydrological systems, flood protection, irrigation, etc.

                               ï¿½  Other shoreline management issues




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                                   Local technical staff should evaluate and decide which of the above elements
                                   are applicable, then assemble the information and prepare the maps, common
                                   boundary descriptions or other analytical tools.

                                   Special Tip

                                   Much of this inventory work may be accomplished as part of growth
                                   management planning (using Department of Community Development Growth
                                   Managementfunds) andflood hazard management planning (using Flood
                                   Control Assistance Account Program [FCAAP]Junds) or Section 306 Coastal
                                   Zone Management Grants availableftom Ecology's Shorelands Program.
                                   Inventory work should be coordinated to optimize use of local staff and grant
                                   resources as well as to avoid duplicative work.


                                   Task 3: Perform Technical Analysis of Shoreline
                                   Issues

                                   The extent of technical analysis required will depend upon the complexity of
                                   the jurisdictions' shoreline. Key tasks in the technical analysis that may be
                                   necessary, depending on local conditions, are:

                                   A. Shoreline Use Component (See Figure 3-2)

                                       1 .Determine suitability of shoreline areas for various water-oriented uses
                                          such as maritime industrial uses. Identify opportunities and constraints
                                          for water-oriented uses (e.g. dredging, wave exposure, public access,
                                          etc.).

                                       2. Identify sections of shoreline where commercial redevelopment is
                                          desirable. Examine opportunities and restrictions on civic revitalization
                                          efforts. Evaluate water-enjoyment use potential.

                                       3. Examine constraints and issues related to transportation, parking,
                                          loading, storage, etc.

                                       4. Determine actions necessary to bring comprehensive planning and
                                          zoning (and related GMA mandates) in conformance with shoreline
                                          management policies including Comprehensive Flood Hazard
                                          Management Plans, Open Space and Parks Plans and Public Access
                                          Plans (see section "C" below).








                                   Chapter 3 - SW Amendment Process                                            H-36










                          SMIP Handbook - 1994 Edition



                               5. Examine compatibility between existing and adjacent uses and
                                  projected trends.

                               6. Identify opportunities to integrate shoreline management activities with
                                  protection or enhancement of histofical/cultural resources.

                          B. Environmental Component (See Figure 3-3)

                               1. Identify environmental resources of special significance. Explore
                                  opportunities to restore, protect and enhance environmental systems
                                  (e.g. estuary systems, kelp and eelgrass beds and other unique aquatic
                                  habitats). Identify sensitive areas that should be preserved (e.g.
                                  wetlands, rookeries, etc.).

                               2. Identify potential conflicts between types of development and
                                  environmental resource protection.

                               3. Identify general environmental parameters and concerns relative to
                                  specific shorelines and also common to all areas (e.g. vegetation
                                  management objectives, erosion control, wildlife corridor
                                  considerations, etc.).

                               4. Examine how stormwater management and water resource allocation
                                  may influence shoreline management objectives.

                               5. Identify areas where presently degraded shoreline can be restored (e.g.
                                  toxic waste clean up sites or severely modified shoreline).

                           C. Public Access and Recreation Component

                               1. Identify opportunities for public access and recreational development
                                  by reviewing the shoreline component of public trail systems.

                               2. Identify public access projects on public properties and potential links
                                  that should be constructed as a condition for approval of pfivate
                                  development.

                               3. Explore ways to integrate public access component with use and
                                  environment components.

                               4. Identify significant views of the water from public and private areas and
                                  explore design standards necessary to protect views and desired visual
                                  character of the shoreline area.









                           Chapter 3 - SMIP Amendment Process                                        H-37









                                  SMT Handbook - 1994 Edition



                                  These materials should be presented to the CAC for review prior to developing
                                  the shoreline management strategy plan. Conducting a workshop with
                                  technical staff, committee members, staff of Ecology and other relevant
                                  agencies provides an opportunity to review the analysis and brainstorm
                                  concepts for the shoreline management strategy plan.

                         'F7'!@6  Special Tip

                                  Do not underestimate the importance of a shoreline resource inventory in the
                                  SMP amendment process. Inventories conducted as apart of GMA efforts
                                  may be useful in updating an SMP.













































                                  Chapter 3 - SNIP Amendment Process                                      H-38









                                                     SMP Handbook - 1994 Edition







                                                                                                                   -..d Door Indusiriall A,..




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                                                                                                    vie's over P0.0ible                                                                 Legend

                                                                                                                                                                                               Access Points
                                                                                                                                                                                               ::,rrier
                                                                                                                Potential via..                                                                    urn[ Areas
                                                                                                                                                                                               Landmarks
                                                                                                                                                                                               Topography
                                                                                                                                                                              rT-n      '-,/views
                                                                                                                                               r-n

                                                     Figure 3-2. Example Shoreline/Resource Inventory Map displaying key inventory
                                                     information useful in committee workshops and setting environment designations.




                                                     Chapter 3 - SMP Amendment Process                                                                                                                              H-39









                                            SMEP Handbook - 1994 Edition










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                                              Sliver Lake Shoreline Management A Access Plan
                                              Naiura; SYSIem, SIIF Fealut,-, &





                                              Figure 3-3. Graphic illustrating en-Oronmental information useful in shoreline
                                              planning. Scientific wetland and en,*ironmentally sensitive area boundaries should be
                                              illustrated and incorporated into the planning process.




                                              Chapter 3 - SMEP Amendment Process                                                            H40









                          SW Handbook - 1994 Edition
                          Task 4: Develop Shoreline Management                                                            is
                          Strategy

                          Although WAC 173-16 does not include a specific requirement for a shoreline
                          management strategy plan, such a product is useful in clarifying management
                          issues, integrating the master program regulations with other civic actions into
                          a comprehensive regulatory/public improvement shoreline development
                          program and serving as a basis for the explicit environment designation
                          requirements. Such a management strategy should call for public actions to
                          accomplish shoreline management objectives.

                          A. Shoreline Use Component (See Figure 3-4)

                              1. Identification of shoreline segments with differing use and development
                                 opportunities. Guidelines for directing shoreline use and development
                                 in each segment should be formulated with consideration of type of use.

                              2. Identification of specific segments of shoreline where mixed-use/
                                 commercial development, community revitalization, maritime industrial,
                                 recreational and residential uses should be encouraged.

                              3. Recommendations for modifying other local land use controls to
                                 coordinate with the shoreline management strategy. RCW 90.58.340
                                 requires that local planning and zoning for lands adjacent to the
                                 shoreline be consistent and not in conflict with the SMP.

                                 At the same time, the Growth Management Act (GMA) directs local
                                 governments to adopt local "development regulations" that are
                                 consistent with and implement the comprehensive plan. As a local
                                 implementation tool the SMP should be consistent with the
                                 comprehensive plan. The requirements of both the SMA and the GMA
                                 can best be satisfied by considering shoreline management objectives in
                                 the local comprehensive planning process. With this policy foundation
                                 laid, certain GMA mandates can then be implemented most effectively
                                 through amendments to the SMP.

                              4. Recommendations for circulation and other public improvements that
                                 support shoreline use component directives.

                              5. Policies to reduce incompatibility of different uses and to equitably
                                 address nonconforming uses.

                              6. Identification of those limited areas where and under what conditions
                                 over-water development should be allowed.





                          Chapter 3 - SNIEP Amendment Process                                          H41








                                      I

                                 SMP Handbook - 1994 Edition



                                 B. Environmental Component (See Figure 3-5)

                                     1. Identification of impacts and issues raised in applicable SEPA
                                        documents (EISs, checklists).

                                     2. Policy guidelines and recommendations to protect environmental
                                        resources.


                                     3. Recommendations for regulatory or public acquisition steps to protect
                                        environmental resources (e.g. wetlands, parks and other critical areas)
                                        including those to be implemented by local land use controls other than
                                        shoreline master program amendments.

                                     4. Recommendations for stormwater quality and water resource
                                        management actions.

                                 C. Public Access Component (See Figure 3-6)

                                     1. Recommendations for a comprehensive public access plan including a
                                        trail system connecting shoreline features with other recreation
                                        resources, bicycle, pedestrian and parking areas. If a public access plan
                                        already exists, it can be referenced and appropriate provisions
                                        incorporated into the SNIP.

                                     2. Recommendations for development of waterfront recreation features
                                        and ways to integrate them into surrounding shoreline activities.

                                     3. Guideline policies for public access requirements on private
                                        developments in areas where pedestrian links to pocket parks or water
                                        access may be critical.

                                 D. Urban Design Component (See Figure 3-7)

                                     1 .Recommendations for height and bulk controls in specified areas.

                                     2. Recommendations for sign controls, if appropriate.

                                     3. Recommendations for public and private actions to enhance view and
                                        other visual characteristics of key districts.

                                     4. Recommendations for protection or enhancement of historical and
                                        cultural resources.










                                 Chapter 3 - SMEP Amendment Process                                       H42









                           SMY Handbook - 1994 Edition



                           E. Implementation and Action Plan (See Figure 3-8)

                              1 . Recommendations to coordinate use, environmental and recreation and
                                  urban design actions listed above, in upgrading the function,
                                  environmental and visual qualities of the shoreline within the context of
                                  the community's vision and desires.

                              2.  Schedule showing projected implementation for recommended actions.

                              3.  Funding sources and resources necessary to accomplish such actions.

                              4.  Identification of lead and supporting participants to pursue
                                  recommendations.

                              5.  Local Capital Improvement Plan (CIP) consistency with
                                  Comprehensive Plan and SUR

                           Some of the components listed above may have already been developed by the
                           local government. Other components may not be applicable. The results of
                           the management strategy plan may be presented formal-ly in a document as a
                           record of the analytical work and a useftil planning tool. The recommendations
                           in the plan may be quite specific; if the issues are complex, the
                           recommendations can be general in nature and call for further study. For
                           example, the public access component may identify key trail routes and
                           recommend a detailed hiking trail development plan to be accomplished in the
                           near future. Some jurisdictions may minimize this step as a brief policy
                           formulation exercise in preparation for refining environment designation and
                           use requirements. Others will find this an ideal opportunity to coordinate
                           several shoreline management issues and integrate master program regulations
                           with other civic redevelopment actions.

                           Shorelines of state-wide significance should receive special attention at this
                           point. Options for environment designations and use regulations should
                           provide for "optimum implementation" of SMA objectives as called out in
                           RCW 90.58.090(2). Policies and regulations being considered should also give
                           priority to those values described in WAC 173-16-040(5), namely in order of
                           preference to favor state-wide over local interests, preserve the natural
                           character of the shoreline, result in long-term over short-term benefit, protect
                           ecological resources and increase public access and recreational opportunities.

                           The completion of Task 4 is a good opportunity for a public presentation as it
                           will allow citizens comments prior to formulating environment designation and
                           use requirements.







                           Chapter 3 - SMP Amendment Process                                         H43









                                 S51P Handbook - 1994 Edition



                                 Special Tip

                                 Shoreline management strategy planning provides an opportunity to
                                 coordinate with the comprehensive planning being accomplished under the
                                 GMA. 1he shoreline management strategy plan may be prepared as part of
                                 the comprehensive plan (perhaps as a specific laskforce function) or the
                                 strategy plan may be the SMP effort's contribution to the comprehensive plan.

                                 Task 5: Review and Revise Goals (i.e. Elements)

                                 After the CAC has had a chance to review the background materials and the
                                 survey or public forum has been completed, the members should set the master
                                 program's general goals. These goals are statements of intent in most general
                                 terms. It is useful to categorize the goal statements into the "elements" fisted
                                 in WAC 173-16-040 (3). This format has proven effective in promoting
                                 review of the existing goals of the current master program or considering
                                 issues raised by Ecology guidelines or technical staff members, along with
                                 satisfying SNP requirements. It is generally useful for the local staff to prepare
                                 a discussion sheet laying out these issues and draft goal statements.

                                 Special Tip

                                 Be sure that the goals statements are consistent with the local comprehensive
                                 plan. 7his will also help to insure that the comprehensive plan is consistent
                                 with the provisions of the SMA.

                                 Special Tip

                                 7he "goals" section is not the best location for '@olicies " which relate to
                                 specific regulations (see Chapter 4 ) because the linkage between policies and
                                 regulations should be clear. It is likely that some of the discussion will result
                                 in more specific policy statements which can be used in the master program
                                 policies and regulations.

















                                 Chapter 3 - SMP Amendment Process                                         H-44










                             SMT Handbook - 1994 Edition



                             Figure 3-4. Graphic Illustrating Shoreline Use Component Policies



                                                                            SHORELINE USE


                                                                                       Public Open Space

                                                                                       Shoreline Restoration

                                                                                       Water-Dependent Use

                                                                                           -Dependent Commercial or General
                                                                                       Water
                                                                                       Commercial with Public Access Improvements
                                                                                       Mixed-Use with "Water-Enjoyment" Activities
                                                                            eseeeeooe  Esplanade Improvements

                                                                                       Key Public Access Trail Links
                                                                              W W W W W W6P
                                                                       y C
                                                                                       Parking
                                                                                P
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                              Chapter 3 - SMY Amendment Process                                                      H45









                                                    SMP Handbook - 1994 Edition



                                                    Figure 3-5. Example of Entironmental Component Measures







                                                                                                                                  Ct3

                                                                      V                              Cl
                                                                      ,8                         13 on LO
                                                                                                                                                  0                71
                                                                                C3
                                                                                            13
                                                                            50
                                                     Create new sedimen ation
                                                     wetland and nature habitat
                                                                                  U  @1
                                                                                                              Create small
                                                                    @3
                                                                                                                        ma
                                                                                                              wetland area

                                                                                                                                                     Retain pond


                                                                               Extend outfall past
                                                            46
                                                                               swimming area

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                                                1@            C3            Retain wetland                                           Q0
                                                                            environment
                                               0        D <@>

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                                             0  0[_.@B

                                             0
                                                                                                                                    Enhancement of shoreline
                                                   @o     4:@'G                L__i                                                 vegetation w/some restorative
                                             0                              02                                bj
                                                         -,9D      ---  -4                                                          fill
                                             0              _Mz
                                             U                 "(@-         _Tr
                                                                                                                       ###swap,     Grass lined swales

                                             17                                                                                     Wetland areas
                                                Cl
                                                                                                                                    On-site storm water
                                                                                                                                    biological filtration ponds
                                                                                                                                    or wetlands (location not
                                                                                    Ep   C3 Ili      cl@                            yet determined).


                                     Environmental Enhancement Measures
                                                                         Management & Access Plan
                                     Sliver Lake Shoreline                                                                  +"N             ... ...




                                                     Chapter 3 - SMP Amendment Process                                                                                 H-46









                                                                 SW Handbook - 1994 Edition



                                                                 Figure 3-6. Example of a Public Access Component




                                                                         Public Access
                                                                         Capital Improvement Plan



                                                                         I     V-Pis, .1 La... Park -b i-rp-- d,.Pi.y

                                                                         2     B.., L.-h Sat Isap-,11,11 itel,d, la-k.og.
                                                                               ""i"'             .-k , ".cre'sn'st,   -tau ... ...........
                                                                               .ad l..d.1:pT.

                                                                         3     Suirt-Pe torpr-cre- and path n. 10.h Sri.,

                                                                         4     Jcl) W-d- loop-coocnis ,cl,dc does. &better.
                                                                               beach cabastectstai and Dal,rc -1                                                               4

                                                                         5     lt,,dje or t- to J-j ],land

                                                                         6     Par% at end or t3it, street -h -w. deck. War
                                                                               -p                sodpk.. L. Coordicot, dcs,g.. .11.-c
                                                                               dc .,I.,M,.,                                                                                                          2,                                        1 Fi 2 F1                 L
                                                                         7     St,cciscarc orpr-acent, sod part. a, l3th Streci
                                                                         I     North Mari--- espiacradc isop-casents                                                                                                                                                     IL
                                                                         S,    0-look dccki at North Mar-                                                                                    6                                                                           F
                                                                         10    E- hia-li ..lk .., (,0,.j;/bo:sl build..g area
                                                                                                                                                                                                                                               IL
                                                                                                            p,ill- I 1,1h,11 ,,,                                                                                                               ,@ L.@       @ Fj Fj L
                                                                                                 "d                   lam 1-3-1 Moo'A'c                                                                                      10                1   1
                                                                               and clot ... dt,  ........ r. 6-d          -h
                                                                               rIrrear

                                                                                                                                                                                                                                               __
                                                                         12    Ma-, Esplanade cep-con,ols                                                                                                                                      t-
                                                                         13    tp".'ra"u'd:.'a@1 sod M--              [email protected]'yrca Mn,.,c-                                                                                                         2        1 E          E
                                                                                                                                                                                                                                               - I
                                                                                                 I rot sa                       ad                                                                                                             1   0 E I D 0 E
                                                                                                 i8c     I"'- ic
                                                                         14    16ib Sir- o-erpau -ith sig.-sc rrom Grand                                                                 13
                                                                               --c Park

                                                                         15    fi.c,clc                   Grand A@c -11, or E--

                                                                         1,                      deck .1                                                                                                                                                       D
                                                                         17    b."O, trail car

                                                                         19    Rest stop at Forest Park and trail to beach
                                                                                                                                                                                                                                                                         Lj
                                                                         19    lect,             ....... 1, at H.,b.,.,. Park
                                                                               .rki.g.                  Carl-.,. ps,11111r..
                                                                               -r                pa as and fisci,& pit,

                                                                         2C    bc.thr ..lk bel... H..-arlb &                        Park,
                                                                                                                                                                                                                                               2 J     I I 10 [1
                                                                                                                                                                                                                                                            r
                                                                                                                                                                                                                                                   _J       Li

                                                                                                                                                                                                       . .... ...
                                                                                                                                                                                                                                                       Lj


                                                                         Legend

                                                                                                 Park or open space

                                                                         --Bicycle/ walking path
                                                                                                                                                                                                                      L
                                                                                                                                                                                                                                                            .01"      @_j
                                                                                                 Alternate trail route                                                                                            7                            A
                                                                                                 to special features
                                                                                                                                                                                                                                                       j
                                                                         --Foot walking trail
                                                                                                                                                                                                                                                                              Lj
                                                                                                                                                                                                                                               a-
                                                                                                 Special feature                                                                                                                               :' in-
                                                                                                                                                                                                                                               _j L:
                                                                                                                                                                                                                                               L
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                                                                                                                                 2
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                                                                                                                                                                                                                                               n
                                                                                                                                                                                                                                               I "', L

                                                                                                                                                                              L
                                                                                                    ci F




                                                                   Chapter 3 - SMT Amendment Process                                                                                                                                                               H47









                                                                             SMIP Handbook - 1994 Edition



                                                                             Figure 3-7. Example of an Urban Design Component





                                                                                    10

                                                                                                                                                                        1113
                                                                                                                                                                                                                  01i,                  r-P
                                                    Oar,

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                                                                                                                                                                                             ..... .....
                                                                                                                                                                                             ..... .....
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                                                                                                                                                                                             ..... .....
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                                                                                              All




                                                                                                                                                                                                       .......... ....


                                                                                                                                                                                   ....... .....


                                                                                                                                                                                                                  Site dev;lopmcnI requirements to
                                                                                                                                                                                                                  require
                                                                                                                                                                                                                         parking lot landscaping,
                                                                                                                                                                                                                         'an co"Id
                                                                                                                                                                                             .... ..... ......    p.Jestr          ors and interrelated
                                                                                                                                                                                                                  site pLanning.
                                                                                                                                   Legend                                                                         Coordwied with Gray's Harbor
                                                                                                                                                                                                                  Seaport Master Plan
                                                                                                                                   AAAA&      PAverfrom walk% !shoreline M P site
                                                                                                                                              de clopment requirements                                            F. Street Historic District

                                                                                                                                                                                                                         Rencil,auon of aid buildings
                                                                                                                                   NO-        Other key pedestrian connections                                    o
                                                                                                                                                                                                                  0      Design standards for new buildIng
                                                                                                                                              special itracuons                                                                    gvemems 8
                                                                                                                                                                                                                  0      Landscapin ofparkart lots
                                                                                                                                                                                                                  0      Street impro
                                                                                                                                              Gate@av ent" features                                               Parking to ser,e downtown and 7' Strect
                                                                                                                                              E Wisirkah St I     mpro@emenus
                                                                                                                                              n'cludir,, 51h hre.   site                                          Downtown Improvemen
                                                                                                                                                                        Or "ces
                                                                                                                                              and signage controls                                                0      Clem up of alleys
                                                                                                                                   OE Al>pcrocen street and parking                                               0      Relocat'on/replacemeril trees
                                                                                                                                              ot .       e  men's to rc2te grid                                   0      Screen parking lots
                                                                                                                                              system of c irculatzon                                              0      Enforce munimurn maintenance
                                                                                                                      Old Aberdeen Waterfront District




















                                                                              Chapter 3 - SMEP Amendment Process                                                                                                                                     H-48









                               SMY Handbook - 1994 Edition



                               Figure 3-8. Example of a Proposed Implementation Action Summary



                                                              PARTICIPANT


                                                                             C
                                                                             0


                   Implementation Actions
                                                               E


                                                                         0   a
                                                                      0




                   ACTION                                                        TIME FRAMEE/COMMMNTS

                   Develop circumferential footpath                              Prcsent-1990 Combination of public
                   with shoreline vegetation                  00000              and required private access
                                                                                 improvements.

                   Complete master program amendments                            1988
                   Acquire trailer park property              01610          1 1 Present-1989 - Park bond funds
                   Upgrade 527 to 3 lanes plus signals                           As part of private development
                   and sidewalks                              01     1*      *1  projects
                   Masterplan park                            0191               1988-89
                   Improve park parking lot and                                  1989-1991 - Park bond funds
                   reroute Silver Lake Road                   010101         .
                   Park Improvements: construct boat          0                  1990-92 - Park bond funds
                   launch and upland improvements,
                   extend beach, add parking lots
                   Develop park wetland/naturc trail          0  -6010           1990-94 - Seek state assistance
                   Construct pedestrian features                                 1988-94 - Funded partly by shoreline
                   along shoreline                            00                 permits requirements

                   Undertake water quality management                            1988 - Based on U.W. study recom-
                   program                                    0016001            mcndations
                   Develop south lake parking lot          -06101                Accomplish when demand warrants
                   Construct recreation center                00                 1992-96 - As demand warrants

                   Review shoreline development                                  Ongoing - Insure requirements for new
                   permits and monitor water                  0      00          access, setback, landscaping and
                   quality ility are met
                   Widen SR 527 to 5 lanes                    jol    11610,16j   1995-2000 - Do only if necessary
                                                                                 for traffic safety


                        Primary responsibility or initiation
                    0 Secondary or coordination role






                               Chapter 3 - SW Amendment Process                                                        H49








                                   SW Handbook - 1994 Edition


     is                            Task 6: Develop General Policies and
                                   Regulations

                                   General Policies and Regulations are those which apply to several uses and
                                   shoreline modification activities irrespective of environment designations (see
                                   Chapter 6). Local technical staff should review current regulations and the
                                   state guidelines included in this Handbook, and modify them to conform to the
                                   goals statements and local conditions. Review by Ecology Shorelands staff
                                   during this task is recommended if significant changes are being considered.

                                   Special Tip

                                   General policies and regulationsfor shoreline sensitive areas (especially
                                   wetlands) should be consistent with other development regulations such as
                                   local (SEPA) sensitive areas ordinances. Ais does not mean that the SMP
                                   regulations must be identical with the sensitive areas ordinance, it means that
                                   direction must be provided to prevent conflict between the two sets of
                                   regulations. It should be noted which regulations take precedence in given
                                   situations. A new sensitive areas ordinance written under the GAL4 does not
                                   preclude the necessity ofgeneral environmental regulations in an SMP. Yhe
                                   two sets of regulations are promulgated under separate authorities and can
                                   have different purposes.


                                   Task 7: Develop Policies and Regulations for
                                   Shoreline Uses and Modification Activities

                                   Shoreline "use" policies and regulations are specific to individual shoreline use
                                   categories such as marinas, commercial businesses, industry, residential
                                   development, aquaculture, etc. Most current shoreline master programs
                                   include such use requirements, and Ecology has developed guidelines for use
                                   requirements based on best practices, environmental regulations and the
                                   experiences of other jurisdictions. When updating the current master program,
                                   the local staff should review current use requirements and the state guidelines,
                                   incorporating the guidelines and adapting them as necessary.

                                   Shoreline modification "activities" are actions which alter the shoreline by
                                   constructing a pier, breakwater, dredging, etc., in preparation for a shoreline
                                   development or use. Updating these requirements can follow a procedure
                                   similar to that for the use requirements (see Chapter 8). After the staff has
                                   prepared the preliminary set of policies and regulations, they should be
                                   reviewed by the CAC at a work session. Often it is useful for the staff to lay
                                   out a range of alternatives to be considered by the CAC if the provision
                                   involves the resolution of a local issue.




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                          Task 8: Set Environment Designation
                          Boundaries, Policies and Regulations (see
                          Chapter 6)

                          During this step the recommendations of the Task 4 strategy plan are
                          translated into regulations that are specific to individual environments. These
                          regulations may include:

                          I .Where water-dependent, water-related and water-enjoyment uses are
                             permitted;

                          2. Prohibitions and/or restrictions on non-water-ofiented uses;

                          3. Provisions for over-water construction, shoreline setbacks and shoreline
                             modification specific to a given environment-,

                          4. Height, bulk, lot coverage, density and site planning standards;

                          5. Special environmental protection provisions,

                          6. Special public access view corridor requirements, etc.; and

                          7. Provisions for mixed-use developments or other special conditions.

                          Special Tip

                          Create environment designation specific regulalionsfor those issues that vary
                          ftom designation to designation. F or example, many shoreline use or
                          environment protection provisions will be the same for all designations and
                          should be defined as a General Regulation.

                          WAC 173-16-040 introduces four different environment designations (natural,
                          conservancy, rural and urban). However, many jurisdictions may find it useful
                          to create additional environment designations to be more specific in special
                          areas (see Chapter 6). Matrices should be used as a tool to indicate how the
                          use and site development requirements differ in the specific environments (see
                          Chapter 6, Figures 6-2, 6-3 and 6-4).


                          Task 9: Examine Permit Administration Section
                          and Modify as Appropriate

                          Ecology has developed new guidelines for the administrative sections which
                          should be accommodated in the master program update. Technical staff can
                          accomplish the bulk of this work in coordination with Ecology staff.



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                                    In addition, the CAC and staff can review local administrative procedures and
                                    consider eliminating or correcting any procedural requirements that are not
                                    required by the State which cause difficulties in local shoreline administration.
                                    Examples might include establishing permit fees and local review processes in a
                                    separate ordinance or resolution which can be easily updated without involving
                                    lengthy state review and approval One issue that often develops is the need for
                                    a local appeal procedure prior to submission of the permit to Ecology for
                                    review or approval. If the local jurisdiction does not have a local appeal
                                    procedure, one should be added that address permit decisions and policy and
                                    regulation interpretation by the local administrator.

                                    The completion of Task 9 marks the end of the local master program technical
                                    review process. The CAC should meet and review the completed draft master
                                    program prior to the first public hearing.

                                    Special Tip

                                    Be mire to consult with Ecology stafffor a review of the draft at this stage as
                                    required by WAC 173-19-06](5).


                                    Task 10: Hold Public Hearing(s)

                                    WAC 173-19-061 sets forth the procedures to be followed for the local public
                                    hearing required by the Shoreline Management Act.

                                    At a minimum, one public hearing is required. However, it is critical that the
                                    hearing announcement be locally published at least once in each of the 3
                                    consecutive weeks prior to the hearing. This requirement is unique and often
                                    overlooked, making the hearing invalid.

                                    Special Tip

                                    Do not disregard the previous two sentences, or you may be required to repeat
                                    the public hearing and local approval process.


                                    Step 11 - State Review and Approval
                                    Process

                                    With the completion of the local hearing process you have entered the second
                                    phase of amending a SMP, that of final review and adoption as State Rule
     is                             (WAC). SMP amendments are effective only after adoption by Ecology.
                                    During this step Ecology will:



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                           I .Circulate the proposed amendment to state, federal and other resource
                              agencies for review and comment and to the State Ecological Commission
                              for advice and guidance;

                           2. Hold at least one public hearing in the locale;

                           3. Take public comment;

                           4. Review the proposed amendments for consistency with the SMA and
                              implementing WACs;

                           5. Take action to adopt, modify, or deny the proposed amendments within six
                              months of filing with the State Code Revisor; and

                           6. Follow up as appropriate to concerns expressed during the comment
                              period.

                           Department Review

                           The department's principal focus in reviewing master programs and
                           amendments is to ensure that proposals are consistent with the Shoreline
                           Management Act and its implementing WACs. In an effort to protect shoreline
                           values while at the same time, foster reasonable use, the SMA incorporates the
                           concept of preferred shoreline uses. Preference is given to uses and activities
                           which protect the natural environment, are dependent upon shoreline location
                           and which preserve and enhance public access or increase recreational
                           opportunities for the public along shorelines. In addition, departmental review
                           has the -further goal of

                           I .Ensuring master programs are kept consistent and up-to-date with
                              amendments to the Act and supporting WACs;

                           2. Recognizing the role and prerogatives of local government under the Act,
                              providing for the expression and resolution of local shoreline management
                              concerns;

                           3. Providing for consistency between adjacent jurisdictions-,

                           4. Providing for clear terminology, effective and enforceable provisions and
                              common understanding between state and local governments to enhance
                              program administration; and

                           5. Coordinating review by federal and state agencies, the public, tribal nations
                              and the State Ecological Commission to ensure recognition of public trust
                              and state-wide interests in the proposal.




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                                   Since all SNTs are adopted as state rule (WAC), the department (in
                                   conjunction with the procedures of the SN4A) is required to follow the process
                                   for rule adoption contained in the State Administrative Procedures Act
                                   (Chapter 34.05 RCW). In addition, compliance with section 43.2 1 A. 190 RCW
                                   requires that the State Ecological Commission provide their "advice and
                                   guidance" to the department on all such rule adoptions.

                                   The department presents each SN1P proposal to the Ecological Commission at
                                   its regularly scheduled meetings, and in accordance with Chapter 43.2 1 A
                                   requirements the Commission is given at least 30 days to review and respond.
                                   Local government is invited to attend Ecological Conunission proceedings at
                                   the time their proposals are considered. The Commission's role is to advise the
                                   department on rule adoption. Ecology retains its authority under the SMA to
                                   adopt, modify, or deny SN1P proposals.

                                   SM[Ps are intended to be dynamic documents. The SMA envisions the need
                                   for local governments to periodically modify master programs to reflect
                                   changing local circumstances, new information, or improved shoreline
                                   management approaches. In light of the many players involved however, it
                                   takes at least three but no more than 6 months (without refiling) to complete
                                   the state review and approval (Step II) process.

                                   Application Requirements
                                   The "Checklist for Submittal of SNIP Amendments" included at the end of this
                                   chapter lists the documents required for submittal of master program
                                   amendments to Ecology for review. The submittals must conform to WAC
                                   173-19-062.

                                       Note: Where map changes are involved, there is a requirement to address
                                       the three criteria listed in WA C 173-16-040(4) (see checklist item # 6).
                                       The justification for the environment designation change should describe
                                       the alternatives consideredfor redesignation (as derivedftom SEPA
                                       guidelines). For example, if a shoreline is being changedftom a
                                       "conservanc "to an "urban " environment, there should be a
                                                  Y
                                       consideration of alternatives such as a change to a "rural", "suburban" or
                                       other less drastic modification or use of a parallel environment
                                       designation (see Chapter 14, Parallel Environment Designations). Also,
                                       you should note whether or not redesignation involves a Shoreline of
                                       State-wide Significance and how prioritiesfor such shorelines are
                                       satisfied by the proposal.









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                          WAC 173-19-064 describes the Ecology review procedure. The Department
                          of Ecology may deny a new or amended program if it is inconsistent VAth:

                          1. The Shoreline Management Act; and

                          2. Ecology guidelines, rules and regulations, (i.e. supporting WACs) SEPA,
                             etc.


                          Ecology's role in the adoption of local SNU proposals is limited to:


                          I .Minor editing (record as corrected);

                          2. NEnor modifications (approved with concurrence from local government);
                             and

                          3. In the case of substantial inconsistency with the SMA and supporting
                             WACs, rules and regulations, denying the proposal and remanding it back
                             to local government with suggested modifications to achieve consistency.

                          The decision to adopt or deny an SMP amendment may be appealed only by
                          the local jurisdiction as provided for in the SMA (RCW 90.58.190). The
                          amendments become locally effective immediately upon Ecology approval if
                          the local resolution or ordinance states that the amendments are "approved"
                          (not just intended to be approved pending Ecology's approval). The local
                          resolution should read "are approved subject to adoption by Ecology" or
                          similar language as illustrated in Figure 3-9.

                          The SMP becomes effective as State law (i.e. WAC) 31 days after filing with
                          the State Code Revisor.

                          See the following pages for a "model" resolution of a locally approved
                          amendment forwarded to Ecology for adoption.




















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             Figure 3-9. Model Adoption Resolution (page 1 of 2)


                                CITY/COUNTY OF
                                RESOLUTION NO.

              A RESOLUTION OF THE CITY/COUNTY COUNCIL OF

               DECLARING THE COUNCIL'S APPROVAL AND INTENTION TO ADOPT THE

                     - --F 199- AMENDMENTS TO THE SHORELINE MASTER PROGRAM
             WHEREAS, the State of Washington Shoreline Management Act of
             1971 (Chapter 90.58 RCW) requires that Counties and Cities
             incur certain duties, obligations and responsibilities with
             regard to implementation of said Act; and,
             WHEREAS, the City/County Council finds that certain revisions
             to the existing City/County Shoreline Master Program are
             necessary in furtherance of the provisions of Chapter 90.58
             RCWF and that such revisions are in the best interest of the
             citizens of             City/County; and,

             WHEREAS, the City/County Shoreline Advisory Committee, and
             Planning commission held public meetings soliciting comment on
             the proposed shoreline master program amendments on the
             following dates,   _       , 199 - and             199
             respectively; and,
             WHEREAS, comments were solicited from federal, state, local,
             regional and tribal interests in accordance with WAC 173-19-
             061(3); and

             WHEREAS, the            199  -  DRAFT amendments to the
             City/County Shoreline Master Program were sent to the
             Department of Ecology for comment in accordance with WAC 173-
             19-061(5), and on           F 199 _, Ecology provided the
             City/County with comments; and,
             WHEREAS, the City/county council held a public meeting on
                     , 199 _ to review the proposed shoreline master
             program amendments and Ecology's comments; and,

             WHEREAS, the City/County Council held a public meeting on
                     , 199     to consider the criteria set forth in WAC 173-
             16-040(4) in establishing proposed changes to shoreline
             environment designations and provided rationale in the
             attached written materials; and,

             WHEREAS, as a result of these meetings, revisions recommended
             by the public, commenting agencies and the Department of
             Ecology were incorporated into the proposed shoreline master
             program amendments; and,






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          Figure 3-9. Model Adoption Resolution (page 2 of 2)


          WHEREAS, the revised shoreline master program was formally
          considered by the City/County Council during a public hearing
          held on        , 199 -, as advertised in accordance with WAC
          173-19-061(l) and (2); and,
          WHEREAS, the City/County Council directed the Planning
          Department to send the proposed shoreline master program
          amendments and supporting materials, consistent with WAC 173-
          19-062 submittal requirements, to Ecology for its review  and
          adoption;

          NOW THEREFORE, BE IT RESOLVED by the City/County Council  of
                 , as follows:

          1) The City/County Council approves the             199
          shoreline master program amendments that are attached to  this
          resolution and incorporated herein by reference, with the
          understanding that in accordance with RCW 90.58.190(3), the
          proposed shoreline master program amendments will become
          effective locally immediately upon formal State Department of
          Ecology adoption; and,
          2) Following Ecology adoption of the amendments, the
          City/County Council intends to adopt (and codify), by
          ordinance, the subject shoreline master program amendments.
          PASSED by the City/County Council this          day of _      ,
          199 -, and signed by me in open session in authentication of
          its passage this          day of           199

                                                APPROVED:



                                                City/County Council Chair
          APPROVED by the Mayor this          day of -- - F 199


                                                City/County Mayor
          FILED this          day of           199 -.

                                                ATTEST:

                                                City/County Clerk

          APPROVED AS TO FORM:


          BY:

               City/County Attorney

          RESOLUTION NO.



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             Figure 3-10. Checklist for Submittal of SW Amendments (page 1 of 2)


             Washington State              Date
             Department of Ecology         Jurisdiction
                       CHECKLIST for Submittal of SMP Amendments
                              (WAC 173-19-062 requirements)
             In order for submittals to be found complete and acceptable
             for Ecology review and processing, local government must
             provide:
                    1) transmittal letter from authorized local official
             (i.e. Mayor, County Commission Chair, Planning Director,
             etc.).
                    2) documentation of local approval of the master
             program amendment (i.e. approved resolution or ordinance).
             See Figure 3-9 Model Resolution.
                    3) a copy of the amended text, where applicable.
             Strikeout (though old text) and underline (of new text)
             clearly showing the proposed changes is required excepting
             that strike and underline is not necessary for major rewrites
             or very large amendments. All new or deleted sections should
             be clearly labeled however. In such cases, the summary
             provided (item #5 below) should also be more detailed. Note:
             an "insertable" (without strike and underline) that can be
             readily incorporated into the State's official SMP must be
             provided by local government after Ecology has adopted the
             amendment including any minor modifications.
                    4) where applicable, amended environment designation
             maps. Note: approximate acreage, scale, north arrow and
             existing physical features should be,shown on maps of standard
             size that can be easily photocopied.
                    5) a summary of what is being amended and the history
             behind it, and in the case of environment redesignations the
             boundaries of those areas affected. For a total rewrite,
             indicate in an executive summary format or outline useful for
             comparative purposes those changes made from the original SMP
             (i.e. Water-dependent Commercial uses: setbacks
             increased... ). Environment redesignations should also include
             where applicable, old and new maps clearly indicating areas
             where redesignations are proposed.
                    6) applicable staff reports, meeting minutes, etc.,
             that document the need for the amendments and alternatives
             considered. Note: all proposals for environment
             redesignation (i.e. map changes) must provide written
             justification for such re-designation addressing, at a
             minimum, the three criteria contained in WAC 173-16-040(4)
             including: the existing development pattern in the area; the
             biophysical capabilities and limitations of the shoreline
             being considered and; the goals and the aspirations of the
            ,local citizenry.



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          Figure 3-10. Checklist for Submittal of SMEP Amendments (page 2 of 2)


                                CHECKLIST (CONT.)
                 7) evidence of SEPA compliance (i.e. properly dated and
          approved DNS or EIS specifically pertaining to the amendment,
          not a related zoning or other project action).

                 8) affidavit of publication. Consistent with WAC 173-
          19-061, it MUST show that the notice of Public HEARING:
               was published at least "once in each of the three weeks
          preceding the hearing,"
               refers to Chapter RCW 90.58 as the authority for the
          action taken, describes the proposed changes,
               indicates the date, time and place of hearing and the
          manner in which comments will be taken,
               indicates that copies of the amendments are available at
          local government offices or upon request.

                 9) copies of any comments received in the local process
          (if none, a statement of such).

                   ALSO include a list of names and addresses of any
          "interested parties" so that Ecology can ensure compliance
          with WAC 173-19-064(l)(e) notification requirements.

          IF THE ABOVE MATERIALS ARE PROVIDED, Ecology SHOULD BE ABLE TO
          ACCEPT THE AMENDMENT FOR PROCESSING.

































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                                  CHAPTER 4
                                  SMP Goals



                                  Introduction


                                  Background and Purpose

                                  The use of elements is mandated by the SNIA and is intended to guide and
                                  support the major shoreline management issues. The seven use elements are:
                                  shoreline use, economic development, circulation, conservation, public access,
                                  recreational and historic/cultural resources. Additional subject areas are
                                  encouraged under the heading of "other" elements. The general goal
                                  statements found within each element are intended to provide the policy basis
                                  for SMT General Policies and Regulations.


                                  Format and Contents

                                  This chapter contains model language for the elements typically found in
                                  SNIPs. The goals and objectives found within each element may vary from
                                  jurisdiction tojurisdiction. Suggestions for additional elements are included at
                                  the end of the chapter.



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                           Model Goal
                           Statements


                           Shoreline Use Element

                           Goals


                           1.  Establish and implement policies and regulations for shoreline use
                               consistent with the Shoreline Management Act of 1971. These policies and
                               regulations should insure that the overall land use patterns that result in
                               shoreline areas are compatible with existing shoreline environment
                               designations and will be sensitive to and not degrade habitat and ecological
                               systems and other shoreline resources.

                           2.  Identify and reserve shoreline and water areas with unique attributes for
                               specific long-term uses, including agricultural, commercial, industrial,
                               residential, recreational and open space uses.

                           3.  Insure that proposed shoreline uses are distributed, located and developed
                               in a manner that will maintain or improve the health, safety and welfare of
                               the public when such uses must occupy shoreline areas.

                           4.  Insure that activities and facilities are located on the shorelines in such a
                               manner as to retain or improve the quality of the environment as it is
                               designated for that area.

                           5.  Insure that proposed shoreline uses do not infringe upon the rights of
                               others or upon the rights of private ownership.

                           6.  Encourage shoreline uses which enhance their specific areas or employ
                               innovative features for purposes consistent with this program.

                           7.  Encourage joint-use activities in proposed shoreline developments.

                           8.  Designated shorelines of state-wide significance (SSWS) are of value to the
                               entire state and should be protected and managed. In order of preference,
                               the priorities are to:

                               a. Recognize and protect the state-wide interest over local interest-



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                                      b. Preserve the natural character of the shorefine;

                                      c. Result in long-term over short-term benefit-,

                                      d. Protect the resources and Ecology of shorelines, and

                                      e. Increase public access to publicly owned areas of the shorelines.

                                    9. Encourage restoration of shoreline areas that have been degraded or
                                      diminished in ecological value and function as a result of past activities or
                                      catastrophic events.

                                    10. Ensure that planning, zoning and other regulatory and nonregulatory
                                      programs governing lands adjacent to shoreline jurisdiction are consistent
                                      with SMA policies and regulations and the provisions of this SN1P.

                                    Economic Development Element

                                    Goals


                                    I .Insure healthy, orderly economic growth by allowing those economic
                                      activities which will be an asset to the local economy and which result in
                                      the least possible adverse effect on the quality of the shoreline and
                                      surrounding environment.

                                    2. Protect current economic activity (e.g. shipping, marinas, agriculture, etc.)
                                      that is consistent with the objectives of the SMT and provide for
                                      environmentally sensitive new development.

                                    3. Develop, as an economic asset, the recreation industry along shorelines in a
                                      manner that will enhance the public enjoyment of shorelines.

                                    4. Insure that any economic activity taking place along the shoreline operates
                                    - without harming the quality of the site's environment or adjacent
                                      shorelands.

                                    5. Encourage new economic development to locate in areas already
                                      developed with similar uses which are consistent with this master program.

                                    6. Before new commercial/industrial development is permitted within the
                                      shoreline, it is the proponent's responsibility to demonstrate that upland
                                      areas are not feasible for the intended economic activity.






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                            7.  Limit new shoreline industrial and commercial development to that which is
                                classified as water-dependent, water-related, or water-enjoyment uses and
                                discourage and/or prohibit non-water-oriented uses which are not
                                accessory to a water-oriented use.

                            8.  Proposed economic use of the shoreline should be consistent with local
                                comprehensive plans. Conversely, upland uses on adjacent lands outside of
                                immediate SMAjurisdiction (in accordance vrith RCW 90.59.340) should
                                be consistent with the purpose and intent of this master program as they
                                affect the shoreline.

                            9. Protect current agricultural land uses and provide for environmentally
                                sensitive new agricultural development.


                            Circulation Element

                            Goals


                            I . Provide safe, reasonable and adequate circulation systems to shorelines
                                where routes will have the least possible adverse effect on unique or fragile
                                shoreline features and existing ecological systems, while contributing to the
                                functional and visual enhancement of the shoreline.

                            2.  Locate land circulation systems which are not shoreline dependent as far
                                from the land-water interface as feasible to reduce interference with either
                                natural shorefine resources or other appropriate shoreline uses. Where
                                possible avoid creating barriers between adjacent uplands and the shoreline.

                            3.  Route transportation corridors to harmonize with the topography and other
                                natural characteristics of the shoreline.


                            4.  Provide for alternate modes of travel with some freedom of choice and
                                encourage multiple-use corridors where compatible.

                            5.  Acquire and develop physical and visual public access where topography,
                                view and natural features warrant as a result of new transportation
                                development in shoreline areas (e.g. turnouts, rest areas).

                            6.  Discourage shoreline uses which curtail or reduce existing free movement
                                of the public unless such restriction is in the interest of the environment,
                                public health and safety, or is necessary to a proposed beneficial use.

                            7.  Where feasible relocate existing shoreline transportation facilities such as
                                rail lines or freeways that are disruptive to public shoreline access or other
                                shoreline uses or convert such fights-of-way to new public access routes.


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                                   8. Protect, manage and enhance those characteristics of shoreline roadway
                                       corridors that are unique or have historic significance or aesthetic quality,
                                       for the benefit and enjoyment of the public.


                                   Conservation Element

                                   Goals


                                   I . Develop and implement management practices that will insure a sustained
                                       yield of renewable resources of the shorelines while preserving, protecting,
                                       enhancing and restoring unique and nonrenewable shoreline resources or
                                       features, including forested areas, wetlands and wildlife habitat.

                                   2.  Insure that utilization of a resource takes place with the rr@nimurn adverse
                                       impact to natural systems and quality of the shoreline environment.

                                   3.  Reclaim and restore areas which are biologically and aesthetically degraded
                                       to the greatest extent feasible while maintaining appropriate use of the
                                       shoreline.

                                   4.  Preserve the scenic aesthetic quality of shoreline areas and vistas to the
                                       greatest extent feasible.


                                   Public Access Element

                                   Goals


                                   I . Provide, protect and enhance a public access system that is both physical
                                       and visual, utilizing both private and pubfic lands, which increases the
                                       amount and diversity of public access to the State's shorelines and adjacent
                                       areas, consistent with the natural shoreline character, private rights and
                                       public safety.

                                   2.  Integrate public access to shorelines as a part of the (City/County) public
                                       trail system.

                                   3.  Prepare and implement a comprehensive public access plan that
                                       incorporates public access into new shoreline development and unifies
                                       individual public access elements into an organized system.







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                           Recreational Element

                           Goals


                           I . Insure optimal recreational opportunities now and in the future in shoreline
                               areas that can reasonably tolerate during peak use periods active, passive,
                               competitive or contemplative uses without destroying the integrity and
                               character of the shoreline.

                           2.  Coordinate with the (City/County) Department of Parks and Recreation to
                               optimize opportunities for water-oriented recreation.

                           3.  Integrate recreational elements into federal, state and local public access
                               and conservation planning.

                           4.  Encourage federal, state and local government to acquire additional
                               shorefine properties for public recreational uses.

                           5.  Insure existing and proposed recreational uses are of a safe and healthy
                               nature.


                           6.  Consider both active and passive recreational needs in development of
                               recreational areas.


                           Historical/Cultural Element

                           Goals


                           I . Identify, protect, preserve and restore important archaeological, historical
                               and cultural sites located in shorelands of the State for educational,
                               scientific and enjoyment of the general public.

                           2.  Acquire historical/cultural sites through purchase or gift, so as to insure
                               their protection and preservation.

                           3.  Encourage educational projects and programs that foster a greater
                               appreciation of the importance of shorefine management, maritime
                               activities, environmental conservation and maritime history.








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                                  Other Elements

                                  Local governments may elect to place any additional goal statements under
                                  new element headings. Examples of element goal statements that are useful in
                                  certain situations include:


                                  Goals


                                  I .Comprehensive Long Range Planning Element - That supports integration
                                     of other city planning and regulatory efforts with shoreline management
                                     activities. This element may also be used to factor in goals relevant to
                                     Growth Management Act planning and implementation.

                                  2. Community Redevelopment Element - That indicates how shoreline
                                     management activities can support efforts to upgrade residential
                                     neighborhoods, revitalize and restore city waterfronts, etc.

                                  3. Educational Element - That recommends interpretive features, maritime
                                     centers or educational programs that alert people to the importance of
                                     shoreline management.

                                  4. Flood Hazard Management Element - That incorporates goals from a
                                     Comprehensive Flood Hazard Management Plan.


                                  Notes to Master Programmers

                                  Long range planning as an additional SMP element has many benefits for
                                  local jurisdictions.

                                  Aere are a variety of long range planning directions ajurisdiction can take,
                                  depending on their particular needs. Sprawling cities can use long range
                                  planning tofocus on urban issues, utilities, capital improvements, parks, open
                                  space and trails. In rural communities, agricultural andflood control issues
                                  may also be plannedfor. Coordination between local comprehensive plans,
                                  implementing Capital Improvement Plans and SMPs is most beneficial.













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                                   CHAPTER 5
                                   General Policies
                                   & Regulations


                                   Introduction


                                   Background and Purpose

                                   General policies and regulations are applicable to all uses and activities
                                   (regardless of SNU environment designation) that may occur along a
                                   jurisdiction's shorelines. Their importance and usefulness cannot be
                                   understated. They effect all other more specific policies and regulations. They
                                   are meant to be woven into your local master program providing the broader
                                   policies and regulations affecting all shoreline uses. If used properly they can
                                   also eliminate redundancy in your SW, by eliminating the need to repeat
                                   regulations over and over for each environment designation.

                                   The policies and regulations found in this chapter can be modified to suit the
                                   needs of various jurisdictions. They are intended to be used in conjunction
                                   with the more specific use and activity regulations found in the following
                                   chapters-






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                           Format and Contents

                           This chapter is broken up into thirteen different topic headings and is arranged
                           alphabetically. Each topic begins with a description of its applicability,
                           followed by general policy statements and general regulations. The intent of
                           these model provisions is to be inclusive, making them applicable over a wide
                           range of environments as well as particular uses and activities. They can be
                           used directly or modified to include more restrictive language as necessary.


                           Special Considerations

                           Shorelines of State-wide Signif"icance

                           Of special consideration in this chapter are shorelines of state-wide significance
                           (SSWS). The Act specifically identifies shorelines designated as having state-
                           wide significance and sets general principals for managing such shorelines.
                           These principals are best implemented by taking the state-wide interest into
                           account during the preparation of SMP amendments. This portion of the
                           Handbook deals specifically with the language of the law and discusses how
                           the guidelines can be applied. Model language for shorelines of state-wide
                           significance can be found in the following section.


                           Background
                           The State's shorelines have been found to be among the most valuable and
                           fragile resources of the state and as such attention has focused on their
                           appropriate utilization, protection, restoration and preservation. Particular
                           shorelines have been called out in the legislation as shorelines of state-wide
                           significance, raising their status at both state and local levels. Because these
                           shorelines are considered major resources for all the people in the state, the
                           guidelines and master programs must give preference to uses which favor
                           public and long-range goals. RCW 90.58.020 emphasizes this point when it
                           says:

                               "Ae legislation declares that the interest of all people shall be paramount
                               in the management of shorelines of slate-wide significance. "

                           What follows from this declaration is that SSWS will be given more scrutiny at
                           the state level to ensure that their use will comply with requirements of
                           optimum implementation of the policy of this chapter (RCW 90.58) to satisfy
                           the state-wide interest (RCW 90.58.090(2)). This pertains to both the writing
                           of a master program and implementation on these shorelines.



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                                  Local jurisdictions need to recognize the significance of these specially
                                  designated shorelines and follow closely the guidelines presented by the state
                                  when developing and administering their master program. The key is that local
                                  master programs shall give preference to uses which meet the principles
                                  outlined on the following page.


                                  General Implications for
                                  Shorelines of State-wide Significance
                                  It has not been easy for state and local administrators to implement the SMA's
                                  shorelines of state-wide significance provisions. One reason for this is that
                                  references to SSWS are scattered throughout RCW 90.58 and WAC 173-16.
                                  As a result, SSWS function as a special type of "overlay", applying additional
                                  standards to shorelines that include diverse character and multiple environment
                                  designations. Another reason is that WAC 173-16 does not specifically
                                  describe how provisions for SSWS fit into the structure of a master program.

                                  It is clear that SSWS provisions do have implications for both master program
                                  preparation and the administration of local permit review. First, if an SNIP
                                  amendment proposal involves a SSWS, Ecology has special authority to set
                                  out an alternative proposal that better addresses the Act's objectives )RCW
                                  90.58.090(2)). This provision also gives Ecology the authority to reject any
                                  master program that does not provide for "optimum implementation." This
                                  means that Ecology (and in appeals, the Shorelines Hearings Board [SHB])
                                  will evaluate master program amendment proposals and permit applications on
                                  the basis of optimum protection and utilization from a state-wide viewpoint,
                                  rather than local circumstances. RCW 90.58.190 states that in considering
                                  master program amendment appeals related to SSWS the Shorelines Hearings
                                  Board shall uphold the decision by Ecology unless a local government can
                                  clearly convince the SHB that the decision of the Department is inconsistent
                                  with policies for SSWS set out in RCW 90.58.020.


                                  Priorities Set by the SMA
                                  The Act sets specific priorities for the management of shorelines of state-wide
                                  significance giving preference to uses which adhere to the seven objectives
                                  discussed below. Language in RCW 90.58.020 and WAC 173-16-040(5)
                                  interpret these principles into guidelines for writing master programs. It is
                                  important to remember that the Act fists these objectives in order of
                                  preference. Therefore objective (1) "Protecting state-wide interests over
                                  local", takes priority over (2) "Preserving the natural character of the
                                  shoreline." Listed below are the seven criteriaMth a brief discussion of how
                                  the priorities have been applied in specific situations.






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                           1.  Recognize and protect the state-wide interest over local interest.

                               This means that where a resource of state-wide interest, such as fisheries, is
                               in jeopardy from some proposed use, state-wide concerns will prevail over
                               local interests. The local jurisdiction should take every opportunity to
                               solicit comments and opinions from citizen groups and individuals
                               representing state-wide interests (e.g. Sierra Club, Audubon Society, Trout
                               Unlimited, etc.). Appropriate state agencies, universities, colleges and
                               Native American Nations should also be involved along with comments,
                               opinions and advice from experts in ecology, oceanography, geology,
                               limnology, aquaculture and other scientific fields that may be pertinent to
                               the specific shoreline .

                               Administratively, the consequence of this guideline is that all state-wide
                               interests prevail, and any proposed use or master program that does not
                               recognize and comply with those state-wide interests will be rejected.

                           2.  Preserve the natural character of the shoreline.

                               This guideline means that any action that adversely affects the natural
                               character of the shoreline without enhancing the public interest, will
                               probably be denied. Numerous Shorelines Hearings Board decisions have
                               been made against private/community boat launches, bulkheads and the like
                               where the "natural character" of the shoreline would be altered and where
                               there was no benefit for the public at large. The intent is to minimize man-
                               made intrusions on SSWS. Implicit in this guideline is the intent to
                               upgrade those areas of more intensive development by reducing their
                               adverse impacts on the natural environment. Urban environments that have
                               natural qualities or resources should preserve those low-intensity uses
                               compatible with resource protection while accommodating high-intensity
                               use in areas already developed. In urban environments this means that
                               riparian corridors and natural vegetative cover should be preserved
                               (through appropriate structural setbacks and clearing and grading
                               regulations) even in this intensive use environment. This guideline also
                               addresses commercial timber cutting, allowing a maximum of 30 percent of
                               timber to be selectively cut from lands designated as SSWS.

                               For the adn-dnistrator, this guideline calls out the importance of the natural
                               shoreline, as can be seen in the SHB case Ecology and the Attorney
                               General v. Mason Coun1y and the Hama Hama, Co. Even if the immediate
                               shoreline was not natural, the water portion of the shoreline was and the
                               Board determined that it must be preserved for preferred uses that would
                               prevent damage to the natural environment, or are unique to or dependent
                               upon use of the shoreline.





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                                  3.  Result in long-term over short-term benefit.

                                      The purpose here is to ensure for future generations the possibility to use
                                      the shorelines either in their natural state or for preferred uses such as those
                                      that are water-dependent or water-related. That is to say, if a mixed-use
                                      development is slated for your urban waterfront, it should not preclude the
                                      possibility of a water-dependent use. An example of this is in the Port of
                                      Seattle's central waterfront redevelopment project proposing mixed-use
                                      development directly over the water. The design of the mixed-use
                                      proposal should not preclude future water-dependent uses, such as a
                                      passenger terminal, and shall be designed to accommodate it. The intent
                                      here is to evaluate short-term economic gains in relation to long-term and
                                      potentially costly impairments to the environment and water-dependent
                                      uses.


                                  4.  Protect the resources and ecology of the shoreline.

                                      The master program should recognize the importance of the unique or
                                      fragile natural resources found along the shorelines and leave those areas
                                      undeveloped. This guideline extends beyond the natural shoreline to
                                      include the prevention of erosion and sedimentation that would alter the
                                      natural function and habitat of the water body. Any advances in
                                      technology or methodology should be employed to maintain good water
                                      quality. In sensitive areas where it is too difficult to maintain the integrity
                                      of the environment under human use, public access should be restricted.

                                      The administrator of this guideline should be aware that even projects that
                                      are for the greater public good, as in the SHB case Henderson v.
                                      Snohomish County and Barber, the proposed project is subject to scrutiny
                                      on the basis of this objective. In this case, the SHB ruled that if the
                                      proposed campsite is not designed and conditioned to assure preservation
                                      or replacement of trees and vegetation, the pern-iit would not be issued.
                                      Other resources that should be considered may include fish and wildlife
                                      habitat, wetlands, feeder bluffs, accretion beaches, stream bank integrity,
                                      etc. Finally, attributes of a site that promote water-dependent uses are also
                                      resources to be protected. This includes deep-water access, navigability,
                                      adequate water circulation, stable upland areas for support activities, etc.

                                  5.  Increase public access to publicly owned areas of the shoreline.

                                      The emphasis here is on providing appropriate public access to all publicly
                                      owned lands including all federal and state agencies holding shorelands,
                                      tidelands and bottom lands, as well as local parks departments and port
                                      districts.






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                              Master programs should give priority to developing a path/trail or pocket
                              parks providing water access and views to and along the shorelines
                              connected to upland parking and adjacent parks facilities. Master program
                              general provisions for public access should place special emphasis on
                              providing public access for port district or government-sponsored
                              developments on shorelines of state-wide significance. For large industrial
                              sites where direct public access is dangerous or physically undesirable, a
                              port or government agency can provide substantial off-site public access as
                              approved by the local government and Ecology.

                              Administratively, off-site public access should be substituted for on-site
                              public access only where water-dependent uses and sensitive areas make
                              public access elements physically infeasible.

                              It should be noted that the public access objective is placed fifth, lower in
                              priority than the preservation of natural resources. This means that public
                              access should not be developed on shorelines of state-wide significance if it
                              destroys the shoreline's'natural character. Whether or not public access is
                              compatible with natural resource protection is often a matter of design. In
                              some cases, such as a sensitive river corridor habitat, this may mean that a
                              public access trail be set back from the shoreline, perhaps with viewing
                              platforms or vistas provided at infrequent selective spots. In other cases,
                              such as a truly pristine high-value wetland, any access may want to be
                              avoided altogether.

                          6.  Increase public recreational opportunities on the shoreline.

                              Any master program update that includes the redesignation of
                              environments on shorelines of state-wide significance should include
                              planning for the encouragement of recreational use of the shorelines. This
                              can help insure that areas are reserved for lodging and other related
                              facilities in upland areas accompanied by provisions for nonmotorized
                              access to the shorelines.

                              Here, the administrator needs to recognize the need to include long-range
                              planning for recreational facilities in their community. Here again, the
                              master program should clearly state the goals which favor the public and
                              long-range goals.

                              While the lowest of the specified use priorities, this emphasizes the
                              importance of general public use of shoreline through recreation
                              opportunities.








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                                  7. Provide for any other element as defined in RCW 90.5 8. 100 deemed
                                     appropriate or necessary.

                                     RCW 90.58. 100 describes the procedures and requirements for preparing
                                     an SUR In essence, this criteria directs local governments to follow sound
                                     shoreline management practices as outlined in the SMA.




































                                  Figure 5-1. Shorelines of State-wide Significance Illustrating State-wide Coverage


                                     Note: SSWS includes water area, tidelands and -wellands as defined in the
                                     Act (excluding upland areas, the Straits and most of Puget Sound).







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                           Model Language

                           The sample language presented for General Policies and Regulations is based
                           on "best practices" standards specific to each shoreline topic. These sample
                           provisions have been developed with input from Ecology and other state
                           resource agencies with expertise, along with provisions from a variety of
                           master programs presently being implemented by local governments
                           throughout the state. The sample provisions can be adapted by local
                           government as appropriate to fit their particular needs.


                           General Regulations

                           Notes to Master Programmers

                           Aefollowing regulations describe the requirementsfor all shoreline uses and
                           activities.


                           I .All shoreline uses, and shoreline modification activities including those that
                              do not require a shoreline substantial development permit (SDP), must
                              conform to the policies and regulations of this master program.

                           2. Shoreline modification activities must be in support of an allowable
                              shoreline use which conforms to the provisions of this master program.
                              Except as otherwise noted, all shoreline modification activities not
                              associated with a legally existing or an approved shoreline use are
                              prohibited.

                           3. Shoreline uses, modification activities and conditions listed as "prohibited"
                              shall not be eligible for consideration as a shoreline variance or shoreline
                              conditional use permit.

                           4. The "policies" listed in this master program will provide broad guidance
                              and direction and will be used by the (City/County) in applying the
                              of regulations".

                           5. Where provisions of this master program conflict, the more restrictive of
                              the provisions shall apply unless specifically stated otherwise.








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                                   Archaeological and
                                   Historic Resources


                                   Applicability

                                   Archaeological and historic resources, because of their finite nature, are
                                   valuable links to our past and should be considered whenever a development is
                                   proposed along the state's shorelines. Where such resources are either
                                   recorded at the State Ftistoric Preservation Office and/or with local
                                   jurisdictions, or have been inadvertently uncovered, the following policies and
                                   regulations apply.


                                   Policies


                                   1. Due to the limited and irreplaceable nature of the resource, public or
                                       private uses and activities should be prevented from destroying or
                                       damaging any site having historic, cultural, scientific or educational value
                                       as identified by the appropriate authorities.

                                   Regulations

                                   I . All shoreline permits shall contain provisions which require developers to
                                       inunediately stop work and notify the City/County if any phenomena of
                                       possible archaeological interest are uncovered during excavations. In such
                                       cases, the developer shall be required to provide for a site inspection and
                                       evaluation by a professional archaeologist to ensure that all possible
                                       valuable archaeological data are properly salvaged.

                                   2.  Permits issued in areas known to contain archaeological artifacts and data
                                       shall include a requirement that the developer provide for a site inspection
                                       and evaluation by an archaeologist. The permit shall require approval by
                                       the City/County before work can begin on a project following inspection.
                                       Significant archaeological data or artifacts shall be recovered before work
                                       begins or resumes on a project.

                                   3.  Significant archaeological and historic resources shall be permanently
                                       preserved for scientific study, education and public observation. When the
                                       City/County determines that a site has significant archaeological, natural,
                                       scientific or historical value, a Substantial Development Permit shall not be



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                               issued which would pose a threat to the site. The City/County may require
                               that development be postponed in such areas to allow investigation of
                               public acquisition potential and/or retrieval and preservation of significant
                               artifacts.

                            4. In the event that unforeseen factors constituting an emergency as defined in
                               RCW 90.58.030 necessitate rapid action to retrieve or preserve artifacts or
                               data identified above, the project may be exempted from the pern-dt
                               requirement of these regulations. The City/County shall notify the State
                               Department of Ecology, the State Attorney General's Office and the State
                               Mstoric Preservation Office of such a waiver in a timely manner.

                            5. Archaeological sites located both in and outside the shoreline jurisdiction
                               are subject to RCW 2744 (Indian Graves and Records) and RCW 2753
                               (Archaeological Sites and Records) and shall comply with WAC 25-48 as
                               well as the provisions of this master program.

                            6. Archaeological excavations may be pern-dtted subject to the provisions of
                               this program.

                            7. Identified historical or archaeological resources shall be considered in park,
                               open space, public access and site planning, with access to such areas
                               designed and managed so as to give maximum protection to the resource
                               and surrounding environment.

                           8. Clear interpretation of historical and archaeological features and natural
                               areas shall be provided when appropriate.





                                                                         N@










                                                                                            6y


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                                    Clearing and Grading

                                    Applicability (see also "View Protection")

                                    One intent of the Shoreline Management Act is to minimize as much as
                                    possible impacts to the ecology of the shoreline and its waters. This is
                                    substantiated by RCW 90.58.020:

                                        "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 any
                                        interference with the public's uses of the water. "

                                    Clearing and grading is the activity associated with developing property for a
                                    particular use including commercial, industrial, recreational and residential
                                    uses. Specifically, "clearing" means the destruction or removal of vegetative
                                    ground cover and/or trees including, but not limited to, root material removal
                                    and/or topsoil removal. This includes such activities as clear-cutting or
                                    selective harvest of trees, chipping of stumps and hauling off of shrubs, slash
                                    piles, etc. "Grading" means the physical manipulation of the earth's surface
                                    and/or surface drainage patternwithout significantly adding or removing on-
                                    site materials. This includes removing the duff layer, all surcharging,
                                    preloading and recontouring the ground and may include minor excavation and
                                    filling. Landfill addresses the placement of dry fill on existing dry or existing
                                    wet areas (see Chapter 8 "Landfill").

                                    Both activities, clearing and grading, may increase erosion, siltation,
                                    runoff/flooding, change drainage patterns, reduce flood storage capacity and
                                    damage habitat. Although it is not technically considered "development" which
                                    triggers a substantial development permit, clearing as an activity that impacts
                                    shoreline resources is regulated in order to achieve the design goals and
                                    objectives of the SMA, particularly along SSWS where preservation of natural
                                    shoreline characteristics takes a very high priority. All policies and standards
                                    must be adhered to and a conditional use requirement may be utilized where
                                    appropriate (e.g. in natural and conservancy). Grading is considered
                                    development and will be managed accordingly. For single-family residences,
                                    250 cubic yards of fill may be allowed without a substantial development
                                    perrait provided all policies and regulations are met.








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                           Policies


                           1 . All clearing and grading activities should be designed and conducted to
                               n-dnimize impacts to wildlife habitat, sedimentation of creeks, streams,
                               ponds, lakes, wetlands and other water bodies and degradation of water
                               quality.

                           2.  Clearing and grading activities in shoreline areas should be limited to the
                               minimum necessary to accommodate shoreline development. Such
                               activities should be discouraged in designated (structural) setback areas
                               and allowed in other shoreline locations only when associated with a
                               permitted shoreline development.

                           3.  Negative environmental and shoreline impacts of clearing and grading
                               should be avoided wherever possible through proper site planning,
                               construction timing and practices, bank stabilization, bioengineering and
                               use of erosion and drainage control methods as well as adequate
                               maintenance.

                           4.  Cleared and disturbed sites remaining after completion of construction
                               should be promptly replanted with native vegetation or, in limited
                               circumstances, with other species contained in City/County approved plant
                               lists.

                           5.  All clearing and grading activities should be designed with the objective of
                               maintaining natural diversity in vegetation species, age and cover density.

                           6.  For extensive clearing and grading proposals, a clearing and grading plan
                               addressing species removal, replanting, irrigation, erosion and
                               sedimentation control and other methods of riparian corridor protection
                               should be required conforming to the standards for the maximum
                               percentage of site clearing permitted.

                           Regulations

                           I . All clearing and grading activities shall be limited to the minimum necessary
                               for the intended development, including residential development.

                           2.  Clearing and grading within designated shoreline (structural) setback areas
                               (or vegetation management corridors, depending on how the SNU is
                               structured) shall not exceed the following maximums (all measurements
                               taken parallel to the shoreline):






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                                       a. Lots, parcels with up to 200 feet of shoreline frontage: 30 feet
                                           maximum.

                                       b.  Lots, parcels with between 201 feet and 500 feet shoreline frontage:
                                           maximum of 15 percent of the lot frontage along a shoreline.

                                       c.  Lots, parcels with over 500 feet lot frontage: maximum of 15 percent
                                           of total lot frontage, provided clearing occurs in two or more segments
                                           separated by at least 100 feet of undisturbed area where no one
                                           segment exceeds 75 feet in length along the shoreline.

                                       d.  When applying the above clearing and grading standards t    'he following
                                           plant communities shall determine in descending order of preference
                                           where clearing and grading may be allowed. The first plant community
                                           listed indicates the most preferred location for clearing and grading:

                                           i.  grass

                                           ii. shrub/scrub


                                           iii. forest


                                   Notes to Master Programmers

                                   Ais language defines clearing and grading limits based on a linear
                                   measurement along the shoreline and applies to required setbacks. Chapter
                                   6, Figure 6-4 illustrates wtother approach based on a percentage of area
                                   within a defined vegetation management corridor. Either approach may be
                                   used depending on local conditions, however, the language and the matrix
                                   used must be consistent.


                                   3.  Clearing and grading activities may only be permitted (landward of
                                       required setbacks) when associated with a permitted shoreline
                                       development, PROVIDED that upon completion of construction,
                                       remaining cleared areas shaU be replanted with native species contained in
                                       the City/County approved plant list. Replanted areas shaU be maintained
                                       such that within three-years time the vegetation is fully reestablished.

                                   4.  Normal nondestructive pruning and trimming of vegetation for maintenance
                                       purposes shall not be subject to these clearing and grading regulations. In
                                       addition, clearing by hand held equipment of invasive nonnative shoreline
                                       vegetation or plants listed on the State Noxious Weed List is permitted in
                                       shoreline locations if native vegetation is promptly reestabl-ished in the
                                       disturbed area.





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                          5. Any significant placement of materials from off-site, (other than surcharge
                              or preload) or substantial creation or raising of dry upland shall be
                              considered landfill and shall also comply with the landfill provisions in
                              Chapter 8, Shoreline Modification Activity Policies and Regulations.

















































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     40                             Environmental Impacts

                                    Applicability

                                    The SMA is concerned with the environmental impacts that both a use and
                                    activity may have on the fragile shorelines of the state. Shoreline and water
                                    quality degradation caused by the introduction of contaminants such as
                                    petroleum products, chemicals, solid waste, domestic or industrial wastewater
                                    and sediment from erosion are all issues that must be addressed.


                                    Policies


                                    1. The adverse impacts of shoreline uses and activities on the environment
                                       should be minimized during all phases of development (e.g. design,
                                       construction, management and use).

                                    Regulations

                                    I .The location, design, construction and management of all shoreline uses
                                       and activities shall protect the quality and quantity of surface and ground
                                       water adjacent to the site and shall adhere to the guidelines, policies,
                                       standards and regulations of applicable water quality management
                                       programs and related regulatory agencies.

                                    2. Solid and liquid wastes and untreated effluents shall not be allowed to enter
                                       any bodies of water or to be discharged onto land.

                                    3. The release of oil, chemicals or hazardous materials onto land or into the
                                       water is prohibited. Equipment for the transportation, storage, handling or
                                       application of such materials shall be maintained in safe and leak proof
                                       condition. If there is evidence of leakage, the further use of such
                                       equipment shall be suspended until the deficiency has been satisfactorily
                                       corrected.

                                    4. All shoreline uses and activities shall be located, designed, constructed and
                                       managed in a manner that minimizes adverse impacts to surrounding land
                                       and water uses and is aesthetically compatible with the affected area.







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                            5.  All shoreline uses and activities shall utilize best management practice                    is
                                (BNT) measures to minimize any increase in surface runoff and to control,
                                treat and release surface water runoff so that receiving water quality and
                                shore properties and features are not adversely affected. Such measures
                                may include but are not limited to dikes, catch basins or settling ponds,
                                installation and required maintenance of oil/water separators, grassy
                                swales, interceptor drains and landscaped buffers.

                            6.  All shoreline uses and activities shall utilize effective erosion control
                                methods during both project construction and operation.

                            7.  All shoreline uses and activities shall be located, designed, constructed and
                                managed to avoid disturbance of and minimize adverse impacts to fish and
                                wildlife resources, including spawning, nesting, rearing and habitat areas
                                and migratory routes.

                            8.  All shoreline uses and activities shaR be located, designed, constructed and
                                managed to minimize interference with beneficial natural shoreline
                                processes such as water circulation, sand and gravel movement, erosion
                                and accretion.

                            9.  Land clearing, grading, filling and alteration of natural drainage features
                                and land forms shall be limited to the minimum necessary for development.
                                Surface drainage systems or substantial earth modifications -involving
                                greater than 500 cubic yards of material shall be professionally designed to
                                prevent maintenance problems or adverse impacts to adjacent properties or
                                shoreline features.

                            10. All shoreline developments shall be located, constructed and operated so as
                                not to be a hazard to public health and safety.

                            11. All shoreline uses and activities shall be located and designed to minimize
                                or prevent the need for shoreline defense and stabilization measures and
                                flood protection works such as bulkheads, other bank stabilization,
                                landfills, levees, dikes, groins, jetties or substantial site regrades.

                            12. Navigation channels shall be kept free of hazardous or obstructing,uses and
                                activities.

                            13. Herbicides and pesticides shaH not be applied or aflowed to directly enter
                                water bodies or wetlands unless approved for such use by appropriate
                                agencies (U.S. and State Departments of Agriculture, U.S. Environmental
                                Protection Agency, Washington Department of Ecology).







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                                   Environmentally Sensitive Areas

                                   Applicability

                                   Environmentally sensitive areas constitute the most fragile lands which support
                                   resources that are economically and culturally important to the state under the
                                   SMA. They can be natural resources that provide fisheries habitat for example,
                                   or areas that may threaten the health and safety of the public, such as
                                   floodways or unstable bluffs, etc. This section is divided into five categories:
                                   (1) general provisions, (2) geological hazard area provisions, (3) kelp beds,
                                   eelgrass beds, herring spawning areas, smelt spawning areas and other critical
                                   salt water habitats (4) wetland provisions and (5) salmon and steelhead habitat
                                   provisions.

                                   "Environmentally sensitive areas" shall mean those areas with especially fragile
                                   biophysical characteristics and/or with significant environmental resources as
                                   identified in a scientifically documented inventory accomplished as part of the
                                   SEPANEPA process or other recognized assessment. Environmentally
                                   sensitive areas include but are not limited to:


                                       ï¿½  unstable bluffs


                                       ï¿½  wildlife habitat areas

                                       ï¿½  fish breeding, rearing or feeding areas

                                       ï¿½  wetlands


                                       ï¿½  estuaries


                                       ï¿½  dunes


                                   Policies


                                   I . Unique, rare and fragile natural and man-made features as well as scenic
                                       vistas and wildlife habitats should be preserved and protected from
                                       unnecessary degradation or interference.

                                   2.  Some areas, because of unique and/or fragile geological or biological
                                       characteristics, should be protected from public access (e.g. wetlands,
                                       dunes, shoregrass, etc.).




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                           3. Shorelines that are identified as hazardous for or sensitive to development
                               should be discouraged from intensive development.

                           Regulations

                           I . All shoreline uses and activities shall be located, designed, constructed and
                               managed to protect and/or not adversely affect those natural features which
                               are valuable, fragile or unique in the region and to facilitate the appropriate
                               human intensity of use of such features, including but not limited to:

                               a. Estuaries and marshes, bogs and swamps;

                               b. Fish, shellfish and wildlife habitats, migratory routes and spawning
                                  areas;

                               c. Kelp beds, eelgrass beds, herring spawning areas and smelt spawning
                                  areas;


                               d. Accretion shore forms;

                               e. Natural or man-made scenic vistas or features;

                               f  Unstable bluffs; and

                               g. Floodways.

                           2.  When a development site encompasses environmentally sensitive areas,
                               these features shall be left intact and maintained as open space or buffers.
                               All development shall be set back from these areas to prevent hazardous
                               conditions and property damage, as well as to protect valuable shore
                               features.

                           4.  All shoreline development shall be designed in accordance with all
                               applicable local and FEMA flood control management codes and
                               regulations, the State Environmental Policy Act and other applicable local
                               land use codes.

                           5.  Areas with either an existing or high potential for aquaculture activities
                               shall be protected from degradation by other types of uses which are
                               located or are proposed to be located vAthin I mile of adjacent uplands. A
                               conclusive finding that such an adjacent use would result in irreparable
                               damage to or destruction of an existing aquaculture enterprise shall be
                               grounds for the denial of such use or activity.






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                                   6.  The use of herbicides and pesticides shall be prohibited to remove noxious
                                       plants in streams, lakes and wetland areas except where no reasonable
                                       alternatives exist and it is demonstrated that such activity is in the public
                                       interest. A CUP shall be required in such cases. Mechanical removal of
                                       noxious weeds shall be timed and carried out in a manner to minimize any
                                       disruption of wildlife or habitat.

                                   Geological Hazard Areas

                                   Applicability
                                   Geological hazard areas are areas susceptible to severe erosion or slide
                                   activity, such as unstable bluffs, and include areas with high potential for
                                   earthquake activity. They may be identified in GMA Critical Area documents
                                   or the Coastal Zone Atlas. In general, they are not suitable for placing
                                   structures or locating intense activities or uses due to the inherent threat to
                                   public health and safety.

                                   A certain level of erosion is natural to Puget Sound and rivers. Erosion is the
                                   primary source of sand and gravel found on beaches including accretion
                                   beaches (gravel bars, sand pits and barrier beaches). Extensive "hardening" of
                                   feeder bluff areas will eventually starve beaches down drift or current of the
                                   bluff, resulting in lowered beach profiles, channel shifts and the potential for
                                   increased erosion. Changes in the beach substrate may result in habitat
                                   impacts.

                                   Vegetation removal during development of adjacent uplands alters surface
                                   runoff and ground water infiltration patterns and can lead to increased bluff
                                   instability.

                                   Homes and other developments are often constructed very close to the top of
                                   bluffs in order to capitalize on views. In response to accelerated erosion rates,
                                   or on considering the results of normal erosion rates, land owners frequently
                                   turn to bulkheading the toe of the slope.

                                   A bluff is a steep headland, promontory, broad faced bank or cliff running
                                   adjacent to and rising up from the shoreline. For the purpose of measuring
                                   setbacks from the top of a bluff, the following shall apply. A bluff rises up
                                   from the OHWM to the first significant break in slope. The "first significant
                                   break" in slope is a bench at least 30 feet deep. The top of a bluff is measured
                                   from the point where the first significant break in slope occurs.

                                   Much of Puget Sound and some riverine shorelines consist of unstable bluffs.
                                   These steep slopes of unstable materials erode at variable rates depending on
                                   the type of material and intensity and frequency of forces acting on them such



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                            as flood flows or storm waves. In some locations, the high-risk area is a
                            narrow band near the edge; in others, old landslides or active river channels
                            may impact a large distance inland.


                            Policies

                            I .Development should be prohibited or minimized on unstable or moderately
                               unstable slopes.

                            2. Development should be permitted only in locations where no slope
                               protection is necessary or where nonstructural protection is sufficient for
                               the life of the project.

                            3. Clearing vegetation on and within edges of bluffs should be avoided.
                               Retention of a natural buffer should be encouraged.

                            4. Construction should be discouraged within a 2:1 slope (a slope that rises I
                               foot for every 2 feet horizontal) from the base of the bluff

                            5. Structures should be designed and constructed in a manner that provides
                               safety for the useful life of the structure and does not require construction
                               of a retaining wall or bulkhead during that same time span.

                            6. Subdivision of lots on bluffs should allow sufficient lot depth for
                               development to occur without need for bulkheading or other structural
                               stabilization.

                            7. All sites indicated in the Coastal Zone Alias, local sensitive area maps or
                               other engineering documents to be on unstable material, river banks or old
                               landslides shall require a geotechnical report assessing the safety of the site
                               and addressing drainage, grading and clearing requirements.

                            Regulations

                            I .Construction activity shall not increase or result in slope instability or
                               sloughing.

                            2. Tree clearing and vegetation removal shall be limited to the minimum
                               extent necessary to allow construction of the proposed development.

                            3. Foundations and septic systems shall be placed out of the 2:1 slope area,
                               unless a soil engineer report indicates that slope stability NO] not be
                               affected.








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                                   4.  Surface drainage down the face of the bluff shall be contained in a tight line
                                       (closed, nonleaking pipe) for discharge at the shoreline in such a way that
                                       erosion will not occur.

                                   5.  Surface drainage away from the bluff shall also use a tight line or some
                                       other approved method for discharge into a natural drainage course.

                                   6.  Stormwater retention systems will be discouraged unless designed by a
                                       licensed civil engineer and a soil or geology engineering report verifies that
                                       slope stability shall not be affected.

                                   7.  Proposals for developments on or immediately adjacent to unstable bluffs
                                       shall include the folloiking information in their application:

                                       a.  Soils, topography and existing vegetation;

                                       b.  Existing drainage patterns and how they may be changed-,

                                       c.  Proposed vegetation removal and grading together with an erosion
                                           control plan; and

                                       d.  Proposed structure and use locations.

                                   8. A geotechnical report shall be required-when:

                                       a.  Activity is within 200 feet of a bluff classified as unstable or having
                                           intermediate stability; or

                                       b.  Activity is within 200 feet of the shoreline when the vertical height of
                                           the bank exceeds 20 feet; or

                                       c.  Activity is within the 2:1 slope of the toe of the bluff.

                                   9.  The geotechnical report shall contain:

                                       a.  Soils and erosion rates;

                                       b.  Drainage;

                                       c.  Vegetation management options;

                                       d.  Recommended setback to avoid need for building bulkhead during life
                                           of project;

                                       e.  Evaluation and statement on stability and safety of structure; and

                                       f.  Evaluation and statement on stability of bluff.




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                         Kelp Beds, Eelgrass             Beds, Herring Spawning
                         Areas, Smelt Spawning Areas and Other Critical
                         Salt Water Habitats


                         Applicability
                         The Growth Management Act, in Sections 3 6.70A. 060 and 3 6.70A. 170 RCW,
                         requires local governments to designate and protect critical areas. This
                         requirement applies both to local governments planning under the Growth
                         Management Act and all other local governments. The Minimum Guidelines to
                         Classify Agriculture, Forest, Mineral Lands and Critical Areas, in WAC
                         365.190.080(5)(a)(4), designate kelp beds, eelgrass beds, herring spawning
                         areas and smelt spawning areas as critical areas. The minimum guidefines also
                         designate commercial and recreational shellfish areas as critical areas.

                         The Department of Fisheries has identified the four critical areas listed above
                         and the habitats of several other salt water fish as saltwater habitats of special
                         concern. These additional habitats include Pacific sand lance spawning beds,
                         rock sole spawning beds, rockfish settlement and nursery areas and lingcod
                         settlement and nursery areas.

                             Note: Aese recommendations are only applicable to local governments
                             which include within theirjurisdiction Puget Sound, the Strait of Juan de
                             Fuca, the Pacific Ocean and associated estuaries, or the Columbia
                             estuary. Not all of these areas have the habitat types described in these
                             recommendations. As noted in the definition discussion, local
                             governments should only include the language applicable to their
                             jurisdiction. 7he Washington State Department of Community
                             Development's Planning Data Source Bookfor Resource Lands and
                             Critical Areas contains data sourcesfor locating kelp beds, eelgrass beds,
                             herring spawning areas and s7nelt spawning areas. 7he Habitat
                             Management Division of the Department of Fisheries is developing a
                             database listing the location of all saltwater habitats of special concern.
                             Other sources are listed in the additional information section in Chapter
                             18.

                         A brief description of critical salt water habitats and a suggested approach to
                         protecting these resources can be found in Chapter 18, Aquatic Habitats.










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                                  Policies

                                  I . Critical saltwater habitats provide critical rearing and nursery areas for
                                      valuable recreational and commercial species. They provide habitat for
                                      many marine plants, fish and animals. These habitats should be protected
                                      because of their importance to the marine ecosystem and the state and local
                                      economy.

                                  2. Critical salt water habitats are:

                                      a. Kelp beds (members of the brown algal family Lan-tinariales, including
                                         Alaria marginata, Alaria nana, Alaria tenuifolia, Egregia menziesii,
                                         Eisenia arborea, Pterygophora californica, Agarum cribosurn, Agarum
                                         fimbriatum, Costaria costata, Cymathere triplicata, Hedophyllum
                                         sessile, Laminaria spp., Pleurophycus gardneri, Dictyoneuropsis
                                         reticulata, Dictyoneurum californicum, Lessioniopsis littoralis,
                                         Macrocystis integfifolia, Nereocystis luetkeana and Postelsia
                                         palmaeforn-tis). Kelp beds are found in marine and estuarine intertidal
                                         and subtidal areas with a depth of up to 15 meters below mean lower
                                         low water (MLLW). The beds can be found on various bottom
                                         materials including rocks, boulders, rn@ixed-fines (mixed sand and mud
                                         with little gravel), mixed coarse (mixed cobbles, gravel, shell and sand)
                                         and cobble.


                                      b. Eelgrass beds (Zoster spp.). Eelgrass beds are found in marine and
                                         estuarine intertidal and subtidal areas. Zostera marina tends to favor
                                         the lower parts of intertidal areas and Zostera japonica, higher elevation
                                         parts. Zostera spp. are generally found no deeper than 4 meters below
                                         mean lower low water (MLLW). Zostera spp. beds can be found on
                                         mud bottoms, sand bottoms and mixed-fine (mixed sand and mud %kith
                                         little gravel) bottoms. Zostera has also been found in subtidal areas
                                         with beds of finer material offshore of mixed coarse (mixed cobbles,
                                         gravel, shell and sand) intertidal areas.

                                      c. Surf smelt (Hypomesus pretiosus) spawning beds. Surf smelt spawning
                                         beds are located in the upper portions of sand or gravel beaches
                                         (intertidal areas) on salt water.

                                      d. Pacific herring (Clupea harengus pallasi) spawning beds. Pacific
                                         herring spawning beds include the lower portions of salt water beaches
                                         (intertidal areas), eelgrass beds, kelp beds, other types of salt water
                                         vegetation such as algae and other bed materials such as subtidal worm
                                         tubes.








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                             e.   Pacific sand lance (Ammodyies hexapterus) spawning beds. Pacific
                                  sand lance spawning beds are located in the upper portions of sand or
                                  gravel beaches (intertidal areas) on salt water.

                             f    Rock sole (Lepidopsetta bilineata) spawning beds. Rock sole spawning
                                  beds are located in the upper and middle portions of sand or gravel
                                  beaches (intertidal areas) on salt water.

                             g.   Rockfish (Sebastes spp.) settlement and nursery areas. Rockfish
                                  settlement and nursery areas are located in kelp beds, in eelgrass beds,
                                  on other types of salt water vegetation and on other bed materials.

                             h.   Lingcod (Ophiodon elongatus) settlement and nursery areas. Lingcod
                                  settlement and nursery areas are located on beaches (intertidal areas)
                                  and subtidal areas with beds of sand, eelgrass, subtidal worm tubes or
                                  other bed materials.

                             i.   Shellfish beds. The following shellfish beds are included: the Pacific
                                  oyster (Crassostrea gigas), the Olympia oyster (Ostrea lurida), the
                                  razor clam (Silqua patula), the native little neck clam (PLotothaca
                                  staminea), the Manila clam (Venerupis japonica), the butter clam
                                  (Saxidomus giganteus), the Geoduck (Panope generosa). the horse
                                  clam (Schizothaerus nuttalli and SchizothatnjLcagax), the cockle
                                  (Clinocardium nuttalli), the macoma (M coma spp.) and the eastern
                                                                          L_
                                  soft shell clam Wya arenaria).

                                  1) Pacific oyster beds occur on almost every type of salt water beach
                                     between the high and low tide marks.

                                  2) Olympia oyster beds occur on mud or gravel flats near estuaries or
                                     in tide pools near low tide level.

                                  3) Razor clam beds occur on the intertidal areas of surf-swept sandy
                                     beaches on the open ocean. Beds can be found to several meters
                                     below the intertidal zone in the open ocean.

                                  4) Native little neck clam beds are found on gravel-mud beaches of
                                     protected salt water bays. The clams are concentrated at about the
                                     half-tide level, but occur down to the subtidal level.

                                  5) Manila calm beds occur in muddy gravel on salt water beaches
                                     above the half tide level.

                                  6) Butter clam beds occur on well protected sand-gravel beaches,
                                     chiefly on the lower third of the tidal range. Butter clams have been
                                     found as deep as 10 meters below mean sea level.




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                                             7) Geoduck beds occur on sand and mud substrates from intertidal
                                                areas to deep water.

                                             8) Horse clam beds occur on sandy bottoms and gravely bottoms from
                                                extreme low tide into subtidal areas in salt water.

                                             9) Cockle beds occur on sand-mud beaches on salt water in both the
                                                intertidal zone and deep water. Cockle beds are also often found in
                                                eelgrass flats.

                                             10) Macoma beds occur in mud and sand in protected salt water areas.
                                                Their range extends from intertidal areas to water as deep as 50
                                                meters.


                                             11) Eastern soft shell clam beds occur in sand and mud at high tidal
                                                elevations, mainly in estuaries.

                                     3.  Critical saltwater habitats are mapped in                           [Omit this
                                         policy if resources are not mapped.]

                                     4.  Except for public or sernipublic facilities where no alternative location is
                                         available uses, activities and structures shall not be located in critical
                                         saltwater habitats.

                                     5.  Developments within or adjacent to critical salt water habitats should not
                                         directly or indirectly change the composition of the beach and bottom
                                         substrate. Habitat enhancement and restoration projects may change beach
                                         or bottom substrata when appropriate to restore or enhance habitats.

                                     6.  Developments outside critical salt water habitats but which have the
                                         potential to significantly affect these habitats should be located and
                                         designed so they do not create significant negative impacts on critical salt
                                         water habitats.

                                     7.  Livestock should be prevented from access to surface water in areas which
                                         drain to shellfish beds listed in policy 1. Livestock may be given access to
                                         surface water for drinking if the watering area is developed to reduce bank
                                         erosion and affects only a limited area of the bank.

                                     8.  Where uses, activities, structures and landfills must locate where they will
                                         affect critical salt water habitats, the project should be designed and
                                         constructed to minimize adverse impacts on the environment and the
                                         critical salt water habitats.









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                           9.   Project proponents should contact the Habitat Management Division of the
                                Department of Fisheries and the Aquatic Lands Program of the Department
                                of Natural Resources early in the development process to determine if the
                                available data show the proposal will occur in a known critical salt water
                                habitat.

                            10. When reviewing pen-nits for uses, activities and structures in salt water
                                areas waterward of the ordinary high water mark (OHAVM), staff should
                                contact the Habitat Management Division of the Department of Fisheries
                                and the Aquatic Lands Program of the Department of Natural Resources to
                                determine if the proposal will occur in a known critical salt water habitat.

                            11. A project proponent shall conduct a reconnaissance study to determine
                                whether critical salt water habitats are present within an area affected by a
                                proposed development as provided below.

                                a.  For areas which may be used by fish which spawn on sand, gravel, or
                                    sand and gravel beaches and shellfish beds, the project proponent shall
                                    conduct a reconnaissance study to determine whether critical salt water
                                    habitats are present within an area affected by a proposed development
                                    if all of the following conditions are met:

                                    1) The proposed use or activity has a significant potential to adversely
                                        affect a critical salt water habitat.

                                    2)  The beach which the development or use may affect is the type of
                                        environment in which a critical salt water habitat typically occurs.

                                    3)  The existing data available from the resource agencies do not show
                                        that the site is not occupied by a critical salt water habitat.

                                b.  For kelp beds, eelgrass beds, rockfish settlement and nursery areas and
                                    lingcod settlement and nursery areas, a project proponent shall conduct
                                    a reconnaissance study to determine whether critical salt water habitats
                                    are present within an area affected by a proposed development if all of
                                    the following conditions are met.-

                                    1) The proposed use or activity has a significant potential to adversely
                                        affect a critical salt water habitat.

                                    2) The salt water area which the development or use may affect is the
                                        type of environment in which a critical salt water habitat may occur.

                                c.  For all areas, the study should be designed in consultation with the
                                    local government, affected state and federal resource agencies and
                                    affected Indian Nations. The study should take place during the
                                    growing season.



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                                   Regulations

                                   I . Landfills shall not intrude into critical salt water habitats.


                                   2.  Bulkheads and shoreline modification and stabikation structures shall not
                                       intrude into critical salt water habitats, except as provided in regulation 5
                                       below. Where an existing bulkhead or structure cannot be removed
                                       because of environmental, safety, or geological concerns, the least
                                       environmentally impacting alternative shall be used. Any replacement
                                       bulkhead or shoreline protection structure shall be as close the existing
                                       structure as possible.

                                   3.  Marinas and over-water residences of any type (including floating homes,
                                       houseboats and liveaboards) shall not be located over critical salt water
                                       habitats. These facilities shall be designed and located to avoid impacts to
                                       nearby critical salt water habitats.

                                   4.  Floats, rafts, docks and boathouses shall not be located over critical salt
                                       water habitats, except as provided in regulation 5 below. Floats, rafts,
                                       docks, boathouses and associated moorings shall not shade eelgrass, algae
                                       and other saltwater vegetation. Anchoring systems for these structures
                                       shall not adversely affect critical salt water habitats.

                                   5.  Industrial docks, commercial and industrial vessel moorage, navigation
                                       channels, breakwaters, jetties, groins and public shoreline protection
                                       structures shall not intrude into critical salt water habitats unless the
                                       proponent shows all of the following conditions are met:

                                       a.  An alternative alignment is not feasible.

                                       b.  The project is designed to minimize its impacts on critical salt water
                                           habitats and the environment.

                                       c.  Any adverse impacts will be mitigated.

                                       d.  The facility is in the public interest.

                                   6.  Publicly owned recreational facilities such as boat launches shall avoid
                                       critical salt water habitats. Where these areas cannot be avoided, publicly
                                       owned recreational facilities shall be designed to minimize their impacts on
                                       critical salt water habitats and mitigate any adverse impacts.

                                   7. Anchorage and mooring floats shall not be located over critical salt water
                                       habitats.







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                           8.  In-water dredge spoil disposal sites shall be prohibited in critical salt water
                               habitats or in locations where the disposal of dredge spoil materials is likely
                               to result in the deposition of sediments on critical salt water habitats.

                           9.  Aquaculture uses shall not be established in or expanded into or over
                               critical salt water habitats.

                           10. Except as a habitat improvement or restoration measure, aquatic herbicide
                               treatments, mechanical removal of vegetation and aquatic pesticide
                               treatments shall not be used on critical salt water habitats. Where
                               alternative management methods will not work, Zostera Japonica may be
                               removed from areas currently used for aquaculture.

                           11. Bridges, causeways and in-water utility corridors shall not intrude into or
                               adversely affect critical salt water habitats unless the proponent shows all
                               of the following conditions are met:

                               a. An alternative alignment is not feasible.

                               b.  The project is designed to minimize its impacts on critical salt water
                                   habitats and the environment.

                               c.  Any adverse impacts will be mitigated.

                               d.  The facility is in the public interest.

                           12. Sand, gravel, or other materials shall not be mined or removed from critical
                               salt water habitats or areas where the activity will adversely affect critical
                               salt water habitats.

                           13. Outfalls and discharge pipes shall not be located in critical salt water
                               habitats or areas where outfall or discharge will adversely affect critical salt
                               water habitats. unless the proponent shows all of the following
                               requirements are met:

                               a.  There is no alternative location for the outfall or pipe.

                               b.  The outfall or pipe is placed below the surface of the beach or bed of
                                   the water body.

                               c.  The outfall discharges waterward of the subtidal zone.

                               d.  The disturbed area is revegetated, if it was vegetated before
                                   construction.








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                                     e. The discharge point(s) on the outfall or discharge pipe is located so the
                                         discharges, including nutrients in the discharge and currents, do not
                                         adversely affect critical salt water habitats.


                                  Wetlands

                                     Note: As with other environmentally sensitive areas, wetlands occupy an
                                     important niche in the shoreline environment, but they have often been
                                     overlooked in the develo ment of shoreline master rogram policies and
                                                             p                          p
                                     regulations due to a lack ofguidelinesfor their protection and
                                     management. Local governments are now encouraged to adopt shoreline
                                     master program policies and regulations, or other development
                                     regulations as required by the Growth Management Act, to protect
                                     wetlands. Any provisions to protect shoreline wetland@ should be
                                     consistent with and at least as protective as other local provisions to
                                     protect wetlands. Local governments are also encouraged to implement
                                     comprehensive wetlands protection programs that include both regulatory
                                     and nonregulatory components.

                                  Applicability
                                  The following provisions apply to all marshes, bogs and swamps and wetlands
                                  delineated according to the 1989 Federal Manual For Identifying and
                                  Delineating Jurisdictional Wetlands.


                                  Policies

                                  I .Wetlands serve many important ecological and environmental functions,
                                     and help to protect public health, safety and welfare by providing flood
                                     storage and conveyance, erosion control, sediment control, fish and
                                     shellfish production, fish and wildlife habitat, recreation, water quality
                                     protection, water supply, education and scientific research. Wetlands
                                     should be preserved and protected to prevent their continued loss and
                                     degradation.

                                  2. Wetland areas should be identified according to established identification
                                     and delineation procedures and afforded appropriate protection consistent
                                     with the policies and regulations of this program.

                                  3. All wetlands should be protected from alterations which adversely impact
                                     them so that there is no net loss of wetland acreage and functions. The
                                     greatest protection should be provided to wetlands of exceptional resource
                                     value, defined as those wetlands that include rare, sensitive or irreplaceable
   Is                                systems such as:


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                               a.  Documented or potential habitat for an endangered, threatened or
                                   sensitive species;

                               b.  I-Egh-quality native wetland systems;

                               c.  Significant habitat for fish or aquatic species as determined by the
                                   appropriate state resource agency-,

                               d.  Diverse wetlands exhibiting a high mixture of wetland classes and
                                   subclasses as defined in the U.S. Fish and Wildlife Service classification
                                   system;

                               e.  Mature forested swamp communities;

                               f   Sphagnum bogs or fens; and

                               g.  Estuarine wetlands, kelp beds or eelgrass beds.

                           4.  A wetland buffer zone of adequate width should be maintained between a
                               wetland and any adjacent development to protect the functions and
                               integrity of the wetland.

                           5.  The width of the established buffer zone should be based upon the
                               functions and sensitivity of the wetland, the characteristics of the existing
                               buffer and the potential impacts associated with the adjacent land use.

                           6.  All activities which potentially affect wetland ecosystems should be
                               controlled within both the wetland and the buffer zone to prevent adverse
                               impacts.

                           7.  No wetland alteration should be authorized unless it can be shown that the
                               impact is both unavoidable, necessary and rr@inin-fized and that any
                               remaining impacts are offset through the deliberate restoration, creation or
                               enhancement of wetlands.

                           8.  Wetland restoration, creation and enhancement projects should result in no
                               net loss of wetland acreage and functions. Where feasible, wetland quality
                               should be improved.

                           9.  Wetlands which are impacted by activities of a temporary nature should be
                               restored immediately upon project completion.

                           10. In-kind replacement of functions and values is preferred. Where in-kind
                               replacement is not feasible or practical due to the characteristics of the
                               existing wetland, substitute resources of equal or greater ecological value
                               should be provided.




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                                     11. On-site replacement of wetlands is preferred. Where on-site replacement is
                                         not feasible or practical due to characteristics of the existing location,
                                         replacement should occur within the same watershed and proxin-@ity.

                                     12. Wetland restoration, creation and enhancement projects should be
                                         completed prior to wetland alteration, where possible. In all other cases,
                                         replacement should be completed prior to use or occupancy of the activity
                                         or development.

                                     13. Applicants should develop comprehensive mitigation plans in order to
                                         ensure long term success of the mitigation project. Such plans should
                                         provide for sufficient monitoring and contingencies to ensure wetland
                                         persistence.

                                     14. Applicants should demonstrate sufficient scientific expertise, supervisory
                                         capability and financial resources to complete and monitor the mitigation
                                         project.

                                     15. Proposals for restoration, creation or enhancement should be coordinated
                                         with appropriate resource agencies to -ensure adequate design and
                                         consistency with other regulatory requirements.

                                     16. Activities should be discouraged in wetland buffer zones except where such
                                         activities have no adverse impacts on wetland ecosystem functions or when
                                         necessary to provide for a reasonable use of the property.

                                     17. Wetland buffer zones should be retained in their natural conditions unless
                                         revegetation is necessary to restore the buffer.

                                     18. Wetland buffer zones should be reserved as common open space and
                                         designated as "native growth protection areas" where multiple ownership is
                                         involved and cooperative management is possible.

                                     19. The City/County does not intend to deny all economic use of any property
                                         subject to these policies and regulations, except as the public trust doctrine
                                         would lin-Lit the use of the property. This policy will be implemented
                                         through the appropriate application of the following: project design
                                         standards, transfers of development rights, mitigation and variances.

                                     Regulafions

                                     1. For identifying and delineating a marsh, bog or swamp, applicants shall use
                                         the 1989 Federal Manualfor Identifying and Delineating Jurisdictional
                                         Wetlands.







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                          2.  No development or activity including removing or disturbing soil, filling,
                              changing the water level, placing obstructions, constructing a structure,
                              destroying or altering vegetation or introducing pollutants may be
                              permitted within a wetland or its buffer unless authorized by a conditional
                              use permit.

                          3.  Development or activities shall not be authorized in a wetland except
                              where it can be demonstrated that;

                              a.  The impact is both unavoidable and necessary;

                              b.  Unavoidable and necessary impacts are minin-dzed, and any remaining
                                  impacts are offset through the deliberate restoration, creation or
                                  enhancement of wetlands of equivalent or greater resource value,
                                  including acreage and function;

                              c.  The restored, created or enhanced wetland wifl be as persistent as the
                                  wetland it replaces; and

                              d.  The applicant demonstrates sufficient scientific expertise, supervisory
                                  capability and financial resources to carry out the proposed replacement
                                  activity.

                          4.  For wetlands of exceptional resource value, the applicant, in addition to
                              complying with the provisions above, shall demonstrate that there is a
                              compelling public need for the proposed activity or that denial of the
                              permit would impose an extraordinary hardship on the applicant brought
                              about by circumstances peculiar to the subject property.

                          5.  In-kind replacement of functions and values shall be provided, unless it is
                              found that in-kind replacement is not feasible or practical due to the
                              characteristics of the existing wetland and a greater environmental benefit
                              can be demonstrated by an alternative. In such cases, substitute resources
                              of equal or greater ecological value shall be provided.

                          6.  Wetland functions and values shall be calculated using the best professional
                              judgment of a qualified wetland ecologist using the best available
                              technology.

                          7.  On-site replacement shall be provided, unless it is found that on-site
                              replacement is not feasible or practical due to physical features of the
                              property and a greater environmental benefit can be demonstrated by an
                              alternative. In such cases, replacement shall occur within the same
                              watershed and proximity.






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                                    8.  Except as noted in regulation 9 below, at a minimum, wetland acreage shall
                                        be replaced at a ratio of acreage replaced to acreage lost of 1.25: 1. For
                                        wetlands of exceptional resource value, the minimum acreage replacement
                                        ratio shall be 6: 1. Actual replacement acreage will be determined case-by-
                                        case, based on the following criteria:

                                        a. Projected losses or gains in wetland functions and value;

                                        b.  Location of replacement wetlands;

                                        c.  The time required to reestablish lost functions;

                                        d.  The uncertainty of the probable success of the project; and

                                        e.  The type of compensation (enhancement proposals shall require twice
                                            the acreage replacement as restoration and creation proposals); and

                                        f,  Variety of the wetland type being impacted.

                                    9. Acreage replacement may be authorized at 1: 1 where it is found through
                                        special studies coordinated with agencies with expertise, or through
                                        advance compensation, that no net loss of wetland function results.

                                    10. Replacement wetlands shall be completed prior to or concurrent with
                                        wetland alteration, and immediately after activities that will temporarily
                                        disturb wetlands activities.

                                    11. A compensation plan shall be required for developments or activities which
                                        result in unavoidable and necessary wetland alterations. The plan shall
                                        include the following elements:

                                        a.  Baseline information for the impacted wetland and the proposed
                                            replacement site-,

                                        b.  Environmental goals and objectives describing the purposes of the
                                            mitigation measures, a description of the site selection criteria and
                                            identification of target evaluation species and resource functions-,

                                        c.  Performance standards including specific criteria for fulfilling goals and
                                            objectives and for beginning remedial action or contingency measures;

                                        d.  Detailed construction plan including work schedule, revegetation
                                            information, buffers, estimated cost, site plan with contours and
                                            elevation and other information;







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                              e.  Monitoring program outlining the approach for assessing a completed
                                  project over a five-year period. A report shall be submitted annually, at
                                  a minimum documenting n-diestones, success, problems and
                                  contingency actions; and

                              f   Contingency plan identifying potential courses of action and any
                                  corrective measures to be taken when monitoring or evaluation
                                  indicates project performance standards are not being met.

                          12. Where restoration, creation or enhancement activities are proposed, the
                              applicant shaU be required to:

                              a.  File a performance bond in an amount to enable the regulatory
                                  authority to carry out the compensation plan should the applicant fail to
                                  do so; and

                              b.  Compensation areas shall be permanently protected through legal
                                  instruments such as sensitive area tracts, conservation easements or a
                                  comparable use restriction.

                          13. A wetland buffer zone of 200 feet shall be required adjacent to wetland
                              areas of exceptional resource value unless a greater distance is required by
                              other provisions of this program. For all other wetland systems, a wetland
                              buffer zone of 100 feet shall be required, except that buffers less than 100
                              feet but no less than 25 feet may be authorized as a conditional use.

                          14. Wetland buffer zones shall be retained in their natural condition. Where
                              buffer disturbance has occurred during construction, revegetation with
                              native vegetation may be required. Developments and activities shaU not
                              be allowed within the buffer except for:

                              a.  Minor activities which are found to have no adverse impact on the
                                  wetland functions or integrity;

                              b.  Stormwater management facilities having no feasible alternative
                                  location outside of the buffer; or

                              c.  Linear developments having no feasible alternative location outside of
                                  the buffer.

                          15. The location of all required buffer zones shall be clearly and permanently
                              marked on any project site prior to initiation of site work.








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                                     Salmon and Steelhead Habitats


                                     Applicability

                                     In addition to these provisions, several other chapters of this shoreline master
                                     program contain policies and regulations which protect salmon and steethead
                                     habitats. They include the sections on agriculture, forestry, clearing and
                                     grading, wetlands, riparian corridors, vegetation management, shoreline
                                     modification, i6krearn structures, water quality and floodplains. Applicants
                                     should consult these sections as well as this section.

                                         Note: Salmon and steelhead are two of the enduring symbols of the
                                         Northwest. Salmon and steelhead are also an important economic and
                                         recreational resource. A brief description of salmon and steelhead
                                         habitat and a suggested approach to protecting this resource can be found
                                         in Chapter 18, Aquatic Habitats.

                                         Many counties contain extensive and varied salmon and steelhead
                                         habitats. All of the suggestedpolicies and regulations may apply to them.
                                         Some counties and most cities will have a limited number of habitat types.
                                         Aese local governments should include only those suggestedpolicies and
                                         regulations which apply to the habitat types within theirjurisdiction.

                                         Ae Department of Community Development's Planning Data Source
                                         Bookfor Resource Lands and Critical Areas contains data sourcesfor
                                         locating certain salmon and steelhead habitat areas and high-quality
                                         estuarine ecosystems. ne Puget SoundEnvironmental Atlas contains
                                         information on salmon and steelhead habitat areas. Ae Habitat
                                         Management Division of the Department ofFisheries is developing a
                                         database listing the locations of all saltwater habitats of special concern,
                                         includingjuvenile salmon migration corridors and saft water rearing and
                                         feeding areas. Ae Departments of Fisheries and Wildlife have
                                         information on salmon and steelhead habitats. Indian Nations also have
                                         information on salmon and steelhead habitats.


                                     Policies

                                     1. Salmon and steelhead habitats support valuable recreational and
                                         commercial fisheries. These habitats should be protected because of their
                                         importance to the aquatic ecosystem and the state and local economy.








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                           2. Salmon and steelhead habitats are:

                               a. Gravel bottomed streams creeks and rivers used for spawning;

                               b. Streams, creeks, rivers, side channels, ponds, lakes and wetlands used
                                  for reafing, feeding and cover and refuge from predators and high
                                  waters;

                               c. Streams, creeks, rivers, estuaries and salt water bodies used as
                                  migration corridors; and

                               d. Shallow areas of salt water bodies used for rearing, feeding and refilge
                                  from predators and currents.

                           3.  Salmon and steelhead habitats are mapped in                           [Omit
                               this policy if resources are not mapped.]

                           4.  Non-water-dependent or non-water-related uses, activities, structures and
                               landfills should not be located in salmon and steelhead habitats.

                           5.  Where alternative locations exist water-dependent and water-related uses,
                               activities, structures and landfills should not be located in salmon and
                               steelhead habitats.


                           6.  Where uses, activities, structures and landfills must locate in salmon and
                               steelhead habitats, impacts on these areas should be lessened to the
                               maximum extent possible. Significant unavoidable impacts should be
                               mitigated by creating in-kind replacement habitat near the project where
                               feasible. Where in-kind replacement mitigation is not feasible,
                               rehabilitating degraded habitat may be required. Mitigation proposals
                               should be developed in consultation with the affected local government, the
                               Department of Fisheries, the Department of Wildlife and affected Indian
                               Nations.

                           7.  Developments which are outside salmon and steelhead habitats but which
                               have the potential to significantly affect these habitats should be located
                               and designed so they do not create significant negative impacts on salmon
                               and steelhead habitats.

                           8.  Bioengineering is the preferred bank protection technique for rivers and
                               streams used by salmon and steelhead. Also see the Shoreline Modification
                               Policies and Regulations of this master program. (A set of recommended
                               Shoreline Modification Policies and Regulations can be found in Chapter 8
                               of the Handbook.)

                           9. Floating structures and open pile structures are preferred over landfills or
                               solid structures in water areas used by salmon and steelhead.



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                                     10. Open pile bfidges are preferred for crossing water areas used by salmon
                                         and steelhead.

                                     11. Impervious surfaces shall be minimized in upland developments to reduce
                                         stormwater runoff peaks. Structures and uses creating significant
                                         impervious surfaces shall include stormwater detention systems to reduce
                                         stormwater runoff peaks.

                                     12. The discharge of silt into waterways shall be minimized dufing in-water and
                                         upland construction.

                                     13. Adopt-A-Strearn programs and similar efforts to rehabilitate salmon and
                                         steelhead spawning streams are encouraged.

                                     14. Fishery enhancement projects are encouraged where they will not
                                         significantly interfere with other beneficial uses.

                                     15. The agriculture, forestry, clearing and grading, wetlands, fipafian corridors,
                                         vegetation management, shoreline modification, instrearn structures and
                                         water quality sections of this shoreline master program contain policies and
                                         regulations which protect salmon and steelhead habitats. Uses and
                                         activities proposed for shoreline areas should comply with all applicable
                                         policies and regulations of this shoreline master program.

                                     16. Project proponents should contact the Habitat Management Division of the
                                         Department of Fisheries, the Habitat Division of the Department of Wildlife
                                         or affected Indian Nations early in the development process to determine if
                                         the proposal will occur in or adjacent to a salmon and steelhead habitat.

                                     17. When reviewing permits for uses, activities and structures proposed for salt
                                         water areas, fivers and streams, fiver and stream side channels, wetlands
                                         and ponds connected to rivers and streams and shorelines adjacent to these
                                         areas; staff should contact the Habitat Management Division of the
                                         Department of Fishefies or the Habitat Division of the Department of
                                         Wildlife to determine if the proposal will occur in or affect an adjacent
                                         salmon or steelhead habitat. Staff should also contact affected Indian
                                         Nations.


                                     Regulations

                                     I . Structures which prevent the migration of salmon and steelhead shall not
                                         be allowed in the portions of water bodies used by these fish. Fish bypass
                                         facilities shall allow the upstream migration of adult fish. Fish bypass
                                         facilities shall prevent fry and juveniles migrating downstream from being
                                         trapped or harmed.




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                           SMY Handbook - 1994 Edition



                           2.   Landfills shall not intrude into salmon and steelhead habitats, except as
                                provided in regulation 3.

                           3.   Landfills may intrude into salt water areas used by salmon and steelhead for
                                migration corridors, rearing, feeding and refuge only where the proponent
                                obtains a conditional use permit (CUP) and demonstrates all of the
                                following conditions are met:

                                a. The landfill is for a water-dependent or water-related use-,

                                b. An alternative alignment or location is not feasible-,

                                c. The project is designed to minimize its impacts on the environment-,

                                d. The facility is in the public interest; and

                                e. If the project will create significant unavoidable adverse impacts, the
                                   impacts are mitigated by creating in-kind replacement habitat near the
                                   project. Where in-kind replacement mitigation is not feasible,
                                   rehabilitating degraded habitat may be required as a substitute.

                           4.   Unless the applicant demonstrates that bioengineering techniques will not
                                be successful, bulkheads and other shoreline protection structures are
                                prohibited in salmon and steelhead habitat.

                           5.   Where bulkheads and other shoreline protection structures are allowed, the
                                toe of the bulkhead or structure shall be located landward of the ordinary
                                high water mark except as provided in regulation 6 below. Where an
                                existing bulkhead or structure cannot be removed because of
                                environmental, safety, or geological concerns, the least environmentally
                                impacting alternative shall be used. Any replacement bulkhead or shoreline
                                protection structure shall be as close to the existing structure as possible.
                                Also see the Shoreline Modification Policies and Regulations and the
                                bulkhead and shore protection structure policies for Critical Salt Water
                                Habitats of this master program. (A set of recommended Shoreline
                                Modification Policies and Regulations can be found in Chapter 8 of the
                                Hwidbook.)

                            6.  Bulkheads, breakwaters, jetties, groins and other shoreline protection
                                structures may intrude into salmon and steelhead habitats only where the
                                proponent demonstrates all of the following conditions are met:

                                a. An alternative alignment or location is not feasible;

                                b. The project is designed to minimize its impacts on the environment;

                                c. The facility is in the public interest; and



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                                          d. If the project will create significant unavoidable adverse impacts, the
                                               impacts are mitigated by creating in-kind replacement habitat near the
                                               project. Where in-kind replacement mitigation is not feasible,
                                               rehabilitating degraded habitat may be required as a substitute.

                                      7.  Docks, piers, pilings and floats may be located in water areas used by
                                          salmon and steelhead for migration corridors, rearing, feeding and refuge,
                                          provided the facilities use open piling construction. Approach fills shall be
                                          located landward of the ordinary high water mark. Docks, piers, pilings
                                          and floats shall not be located in other salmon and steelhead habitats. The
                                          project shall be designed to minimize its impacts on the environment.

                                      8.  Open pile bridges are the preferred water crossing structures over salmon
                                          and steelhead habitats. If a bridge is not feasible, one of the following
                                          water crossing structures may be approved if the impacts are acceptable:
                                          temporary culverts, bottomless arch culverts, elliptical culverts or round
                                          culverts. These structures are listed in priority order, with the first having
                                          the highest preference and the last the lowest preference. In order for a
                                          lower priority structure to be permitted, the applicant must show the higher
                                          priority structures are not feasible. The project shall be designed to
                                          minin-dze its impacts on the environment.

                                      9.  Bridges and in-water utility corridors may be located in salmon and
                                          steelhead habitat provided the proponent shows that all of the following
                                          conditions are met:

                                          a.   An alternative alignment is not feasible;

                                          b.   The project is located and designed to n-@nirniize its impacts on the
                                               environment;

                                          c.   Any alternative impacts are mitigated; and

                                          d.   Any landfill is located landward of the ordinary high water mark. Open
                                               piling and piers required to construct the bridge may be placed
                                               waterward of the ordinary high water mark, if no alternative method is
                                               feasible.

                                               Notwithstanding regulations 4 and 12, when installing in-water utilities,
                                               the installer may place native material on the bed and banks of the
                                               water body or wetland to reestablish the preconstruction elevation and
                                               contour of the bed. The project shall be designed to minimize its
                                               impacts on the environment.







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                          SMIP Handbook - 1994 Edition



                          10. Dredging which will damage shallow water habitat used by salmon and
                              steelhead for migration corridors, rearing, feeding and refuge shall not be
                              allowed unless the proponent demonstrates all of the following conditions
                              are met:


                              a. The dredging is for a water-dependent or water-related use;

                              b. An alternative alignment or location is not feasible;

                              c. The project is designed to minimize its impacts on the environment;

                              d. The facility is in the public interest; and

                              e. If the project will create significant unavoidable adverse impacts, the
                                 impacts are n-dtigated by creating in-kind replacement habitat near the
                                 project. Where in-kind replacement mitigation is not feasible,
                                 rehabilitating degraded habitat may be required as a substitute.

                          11. Dredging and the removal of bed materials below the water line is
                              prohibited within salmon and steelhead spaw-ning areas. River bar gravel
                              mining may be allowed as provided in regulation 13.

                          12. River bar gravel mining may be allowed where the proponent demonstrates
                              all of the following conditions are met:

                              a. The gravel removed from the river or stream does not exceed the
                                 average annual recruitment of bedload material. Additional gravel may
                                 be removed where the applicant can demonstrate the channel capacity
                                 has been significantly reduced.

                              b. The gravel is removed from the area between the existing water level
                                 and the permanently vegetated portions of the bank.

                              c. The project will not cause any adverse impacts on salmon and steelhead
                                 habitat, especially through increased sedimentation.

                          13. Projects which propose water withdrawals or diversions shall maintain
                              adequate flows within the water body to maintain salmon and steelhead
                              habitat, taking into account existing and likely future withdrawals and
                              diversions.


                          14. In-water dredge spoil disposal sites shall not be located in salmon and
                              steelhead habitats.

                          15. Landfilling, dredging, channelization and other activities which negatively
                              impact habitat values are prohibited in wetlands, ponds and side channels
                              which provide refuge or other habitat for salmon or steelhead.



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                                  16. Within salmon and steelhead habitats, permanent channel changes and
                                      realignments are prohibited.

                                  17. Aquaculture uses shall not be established in or expanded in salmon and
                                      steelhead habitat, except for areas that are only used for n-dgration
                                      corridors. This regulation only applies to in-water aquaculture uses, not
                                      upland aquaculture uses.

                                  18. The removal of aquatic and riparian vegetation within or adjacent to
                                      salmon and steelhead habitats shall be minin-dzed. Trees which shade side
                                      channels, streams, rivers, ponds and wetlands used by salmon and steelhead
                                      shall be maintained. Areas of disturbed earth shall be revegetated.

                                  19. Unless removal is needed to prevent hazards to life and property or to
                                      enhance fish habitat, large woody debris below the ordinary high water
                                      mark shall be left in the waterway to provide salmon and steelhead habitat.

                                  20. Outfalls within or upstream of salmon or steelhead spawning areas shall be
                                      designed and constructed to minimize disturbance of salmon and steelhead
                                      spawning beds.









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                          SMY Handbook - 1994 Edition



                          Parking

                          Applicability

                          Parking is the temporary storage of automobiles or other motorized vehicles.
                          Except as noted the following provisions apply only to parking that is
                          It accessory" to a permitted shoreline use. Parking as a "primary" use and
                          parking which serves a use not permitted in the shoreline jurisdiction is
                          prohibited.


                          Policies


                          I .Parking in shoreline areas should directly serve a permitted shoreline use.

                          2. Parking facilities should be located and designed to minimize adverse
                             impacts including those related to stormwater runoff, water quality, visual
                             qualities, public access and vegetation and habitat maintenance.

                          3. Parking should be planned to achieve optimum use. Where possible,
                             parking should serve more than one use (e.g. serving recreational use on
                             weekends, commercial uses on weekdays).

                          Regulations

                          I .Parking as a primary use shall be prohibited over water and within
                             shoreline jurisdiction.

                          2. Parking in shoreline jurisdiction shall directly serve a permitted shoreline

                             use.


                          3. Parking facilities shall be designed and landscaped to minin-dze adverse
                             impacts upon adjacent shoreline and abutting properties. Landscaping shall
                             consist of native vegetation and be planted before completion of the
                             parking area in such a manner that plantings provide effective screening
                             within three years of project completion. (Local jurisdictions may want to
                             establish minimum or maximum height of "screen" and consider specific
                             view corridors across a site.)







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                                  4.  Parking facilities serving individual buildings on the shoreline shall be
                                      located landward from the principal building being served, EXCEPT when
                                      the parking facility is within or beneath the structure and adequately
                                      screened, or in cases when an alternate location would have less
                                      environmental impact on the shoreline.


                                  Notes to Master Programmers

                                  For example, it may be preferable to locate a large warehouse wall awayftom
                                  the shoreline along a river corridor with a pedestrian trail in order to reduce
                                  solar shading and the needfor site grading.


                                  5.  Parking facilities for shoreline activities shall provide safe and convenient
                                      pedestrian circulation within the parking area and to the shorelines.

                                  6.  Parking facilities shall provide adequate facilities to prevent surface water
                                      runoff from contaminating water bodies, using best available technologies
                                      and include a maintenance program that will assure proper functioning of
                                      such facilities over time.















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                                  Chapter 5 - Parking                                                       H-109










                           SW Handbook - 1994 Edition



                           Public Access


                           Applicability

                           Shoreline public access is the physical ability of the general public to reach and
                           touch the water's edge and/or the ability to have a view of the water and the
                           shoreline from upland locations. There are a variety of types of public access
                           including picnic areas, pathways and trails (including handicapped), floats and
                           docks, promenades, viewing towers, bridges, boat launches, street ends,
                           ingress and egress, parking and others.


                           Notes to Master Programmers

                           An important goal of the Shoreline Management Act is to protect and enhance
                           public access to the State's shorelines. Critical to accomplishing this goal is
                           the establishment of a Comprehensive Public Access plan which provides a
                           foundation for determining access requirements and setting shoreline
                           development guidelines. The result of developing and implementing a
                           comprehensive plan is the protection and enhancement of shoreline accessfor
                           the public. A major supreme court ruling ollan v. Coastal Commission
                           L287
                                ) deals directly with placing conditions on permits and illustrates the
                           needfor comprehensive planning. Ihe Alollan case points out that permit
                           administrators should make decisions on a sound legal basis. nere a public
                           agency requires public access as a permit condition, there must be a rational
                           connection between the project's impact on public access and the public
                           access required.

                           The public trust doctrine gives individual states the responsibility to hold
                           certain natural resources in trustfor the people and is the foundationfor a
                           line of court cases defining public access. Aese cases have affirmed that
                           even though the State has the right to sell lands beneath the waters, the new
                           property owners must abide by the dictates of the public trust. This applies to
                           not only navigable waters, but also to certain wetlands subject to the ebb and
                           floiv of the tides.

                           For additional information on this subject, see also Shoreline Public Access
                           Handbook (Ecology Publication #90-6) and Case Studies of Conditional
                           Public Access in Puget Sound (Ecology Publication #91-4).







                           Chapter 5 - Public Access                                                     H-110









                                  SMY Handbook - 1994 Edition



                                  Policies


                                  1. Public access should be considered in the review of all private and public
                                      developments (including land division) with the exception of the following:

                                      a. One- and two-family dwelling units; or

                                      b. Agricultural/ranching activities; or

                                      c. Where deemed inappropriate due to health, safety and environmental

                                          concerns.


                                  2.  Developments, uses and activities on or near the shoreline should not
                                      impair or detract from the public's access to the water.

                                  3.  Public access should be provided as close as possible to the water's edge
                                      without adversely affecting a sensitive environment and should be designed
                                      with provisions for handicapped and physically impaired persons.

                                  4.  Publicly owned shorelines should be limited to water-dependent or public
                                      recreational uses, otherwise such shorelines should remain protected open
                                      space.

                                  5.  Public access afforded by shoreline street ends, public utilities and rights-
                                      of-way should be preserved, maintained and enhanced.

                                  6.  Public access should be designed to provide for public safety and to
                                      minimize potential impacts to private property and individual privacy.

                                  7.  The public access area should be a comfortable and safe place to visit.

                                  8.  There should be a physical separation or other means of clearly delineating
                                      public and private space in order to avoid unnecessary user conflict.

                                  9.  Public views from the shoreline upland areas should be enhanced and
                                      preserved. Enhancement of views should not be construed to mean
                                      excessive removal of vegetation that partially impairs views..

                                  Regulations

                                  1. Except as provided in regulations 2 and 3, shoreline substantial
                                      developments or conditional uses shall provide public access where any of
                                      the following conditions are present:





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                           SM[P Handbook - 1994 Edition



                               a.  Where a development or use will create increased demand for public
                                   access to the shoreline, the development or use shall provide public
                                   access to mitigate this impact.

                               b.  Where a development or use will interfere with an existing public
                                   access way, the development or use shall provide public access to
                                   mitigate this impact. Developments may interfere with accesses on
                                   their development site by blocking access or by discouraging use of
                                   existing on-site or nearby accesses.

                               c.  Where a use which is not a priority shoreline use under the Shoreline
                                   Management Act will locate on a shoreline of the state, the use or
                                   development shall provide public access to mitigate this impact.

                               d.  Where a use or development will interfere with a public use of lands or
                                   waters subject to the public trust doctrine, the development shall
                                   provide public access to mitigate this impact.

                               The shoreline permit file shall describe the impact, the required public
                               access conditions, and how the conditions address the impact.

                           2.  An applicant need not provide public access where one or more of the
                               following conditions apply.                                                                   0
                               a.  Unavoidable health or safety hazards to the public exist which cannot
                                   be prevented by any practical means;

                               b.  Inherent security requirements of the use cannot be satisfied through
                                   the application of alternative design features or other solutions;

                               c.  The cost of providing the access, easement or an alternative amenity is
                                   unreasonably disproportionate to the total long-term cost of the
                                   proposed development;

                               d.  Unacceptable environmental harm will result from the public access
                                   which cannot be mitigated; or

                               e.  Significant undue and unavoidable conflict between any access
                                   provisions and the proposed use and/or adjacent uses would occur and
                                   cannot be mitigated.

                           3. In order to meet any of the conditions "a" through "e" above, the
                               applicant must first demonstrate and the City/County determine in its
                               findings that all reasonable alternatives have been exhausted, including but
                               not limited to:






                           Chapter 5 - Public Access                                                     H-112









                                   SMY Handbook - 1994 Edition



                                       a.  Regulating access by such means as maintaining a gate and/or limiting
                                           hours of use;

                                       b.  Designing separation of uses and activities (e.g. fences, terracing, use
                                           of one-way glazings, hedges, landscaping, etc.); and

                                       c.  Developing provisions for access at a site geographically separated
                                           from the proposal such as a street end, vista or trail system.

                                   4.  Development uses and activities shall be designed and operated to avoid
                                       blocking, reducing or adversely interfering with the public's physical access
                                       to the water and shorelines.

                                   5.  Public access provided by shoreline street ends, public utilities and rights-
                                       of-way shall not be diminished (RCW 35.79.035 and RCW 36.87.130).

                                   6.  Public access sites shall be connected directly to the nearest public street
                                       and shall include provisions for handicapped and physically impaired
                                       persons, where feasible.

                                   7.  Required public access sites shall be fully developed and available for
                                       public use at the time of occupancy of the use or activity.

                                   8.  Public access easements and permit conditions shall be recorded on the
                                       deed of title and/or on the face of a plat or short plat as a condition running
                                       contemporaneous with the authorized land use, at a minimum. Said
                                       recording with the County Auditor's Office shall occur at the time of permit
                                       approval (RCW 58.17.110).

                                   9.  Minimum width of public access easements shall be 25 feet, unless the
                                       administrator determines that undue hardship would result. In such cases,
                                       easement width may be reduced only to the minimum extent necessary to
                                       relieve the hardship.

                                   10. The standard state approved logo or other approved signs that indicate the
                                       public's right of access and hours of access shall be constructed, instaHed
                                       and maintained by the applicant in conspicuous locations at public access
                                       sites. In accordance with regulation 2-a, signs may control or restrict
                                       public access as a condition of permit approval.

                                   11. Future actions by the applicant successors in interest or other parties shaU
                                       not diminish the usefulness or value of the public access provided.








                                   Chapter 5 - Public Access                                                  H-113









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                          Shorelines of
                          State-wide Significance

                          Applicability

                          The Shoreline Management Act of 1971 designated certain shoreline areas as
                          shorelines of state-wide significance. Within this City/County's jurisdiction
                               5------      are shorelines of state-wide- significance. Shorelines thus
                          designated are important to the entire state. Because these shorelines are
                          major resources from which all people in the state derive benefit, this
                          jurisdiction gives preference to uses which favor long-range goals and support
                          the overall public interest.


                          Policies (in order of preference)

                          1. Recognize and protect the state-wide interest over local interest.

                             a.  Solicit comments and opinions from groups and individuals
                                 representing state-wide interests by circulating the master program, and
                                 any amendments there of affecting shorelines of state-wide significance,
                                 to state agencies, adjacent jurisdictions, citizen's advisory committees
                                 and local officials and state-wide interest groups.

                             b.  Recognize and take into account state agencies' policies, programs and
                                 recommendations in developing and administering use regulations and
                                 in approving shoreline perrnits.

                             c.  Solicit comments, opinions and advice from individuals with expertise
                                 in ecology, geology, limnology, aquaculture and other scientific fields
                                 pertinent to shoreline management.

                          2. Preserve the natural character of the shoreline.

                             a.  Designate and adn-dnister shoreline environments and use regulations to
                                 minin-dze damage to the ecology and environment of the shoreline as a
                                 result of man-made intrusions on shorelines.

                             b.  Upgrade and redevelop those areas where intensive development
                                 already exists in order to reduce adverse impact on the environment
                                 and to accommodate future growth rather than allowing high intensity
                                 uses to extend into low-intensity use or underdeveloped areas.



                          Chapter 5 - Shorelines of State-wide Significance -                       H-114









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                                      c.  Ensure that where commercial timber cutting is allowed, as provided in
                                          RCW 90.58.150, reforestation will be possible and accomplished as
                                          soon as practical.

                                      d.  Provide for review and approval of subsequent use before commercial
                                          timber land is converted to a new use to ensure adequate buffers and
                                          appropriate site design.

                                      e.  Protect and preserve existing diversity of vegetation and habitat values,
                                          wetlands and riparian corridors associated with shoreline areas.

                                  3. Result in long-term over short-term benefit.

                                      a.  Evaluate the short-term economic gain or convenience of developments
                                          relative to the long-term and potentially costly impairments to the
                                          natural shoreline.


                                      b.  In general, preserve resources and values of shorelines of state-wide
                                          significance for future generations and restrict or prohibit development
                                          that would irretrievably damage shoreline resources.

                                      c.  Actively promote aesthetic considerations when contemplating new
                                          development, redevelopment of existing facilities or general
                                          enhancement of shoreline areas.

                                  4. Protect the resources and ecology of the shoreline.

                                      a.  Nfinimize development activity that will interfere with the natural
                                          functioning of the shoreline ecosystem, including, but not limited to:
                                          stability, drainage, aesthetic values and water quality.

                                      b.  All shoreline development should be located, designed, constructed and
                                          managed to avoid disturbance of and minimize adverse impacts to
                                          wildlife resources, including spawning, nesting, rearing and habitat
                                          areas and migratory routes.

                                      c.  Restrict or prohibit public access onto areas which cannot be
                                          maintained in a natural condition under human use.

                                      d.  Shoreline materials including, but not limited to, bank substrate, sofls,
                                          beach sands and gravel bars should be left undisturbed by shoreline
                                          development. Gravel mining should be severely limited in shoreline
                                          areas.


                                      e. Preserve environmentally sensitive wetlands for use as open space or
                                          buffers and encourage restoration of presently degraded wetland areas.




                                  Chapter 5 - Shorelines of State-wide Significance                         H-115









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                          5. Increase public access to publicly owned areas of the shoreline.

                              a. Give priority to developing paths and trails to shoreline areas, linear
                                  access along the shorelines and to developed upland parking.

                              b. Locate development landward of the ordinary high water mark so that
                                  access is enhanced.

                          6. Increase recreational opportunities for the public on the shoreline.

                              a.  Plan for and encourage development of facilities for recreational use of
                                  the shoreline.

                              b.  Reserve areas for lodging and related facilities on uplands well away
                                  from the shorelines with provisions for nonmotorized access to the
                                  shorefine.











































                           Chapter 5 -Shorelines of State-wide Significance                           H-116









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                                    Signage

                                    Applicability

                                    A sign is defined as a device of any material or medium, including structural
                                    component parts, which is used or intended to be used to attract attention to
                                    the subject matter for advertising, identification or informative purposes. The
                                    following provisions apply to any commercial or advertising sign directing
                                    attention to a business, professional service, community, site, facility, or
                                    entertainment, conducted or sold either on or off premises.


                                    Policies


                                    1.  Signs should be designed and placed so that they are compatible with the
                                        aesthetic quality of the existing shoreline and adjacent land and water uses.

                                    2.  Signs should not block or otherwise interfere with visual access to the
                                        water or shorelands.


                                    3.  The design of signs should not reduce auto safety or visual aesthetics from
                                        adjacent property.

                                    4.  Signs should be of a permanent nature that are linked to the operation of
                                        existing uses and attached to said uses.

                                    Regulations

                                    I . Sign plans and designs shall be submitted for review and approval at the
                                        time of shoreline permit approval.

                                    2.  All signs shall be located and designed to -minimize interference with vistas,
                                        viewpoints and visual access to the shoreline.

                                    3.  Over-water signs or signs on floats or pilings shall be related to water-
                                        dependent uses only.

                                    4.  Lighted signs shall be hooded, shaded, or aimed so that direct fight will not
                                        result in glare when viewed from surrounding properties or watercourses.






                                    Chapter 5 - Signage                                                          H-117









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                           5. Signs related to specific on-site uses or activities shall not exceed 32 square
                              feet in surface area. On-site freestanding signs shall not exceed 6 feet in
                              height. When feasible, signs shall be flush-mounted against existing
                              buildings.

                           6. Temporary or obsolete signs shall be removed within 10 days of elections,
                              closures of business, or termination of any other function. Examples of
                              temporary signs include: real estate signs, directions to events, political
                              advertisements, event or holiday signs, construction signs.

                           7. Signs that do not meet the policies and regulations of this program shall be
                              removed or conform within two years of the adoption of this master
                              program.

                           8. No signs shall be placed in a required view corridor.

                           Allowable Signs
                           The following types of signs may be allowed in all shoreline environments:


                           1. Water navigational signs, and highway and railroad signs necessary for
                              operation, safety and direction.

                           2. Public information signs directly relating to a shoreline use or activity.

                           3. Off-premise, free standing signs for community identification, information,
                              or directional purposes.

                           4. Signs with "changing messages" as long as the information is limited to
                              time-temperature-date or public messages.

                           5. National, site and institutional flags or temporary decorations customary
                              for special holidays and similar events of a public nature.

                           6. Temporary directional signs to public or quasi-public events if removed
                              within 10 days following the event.

                           Prohibited

                           The following types of signs are prohibited:


                           1. Signage in view corridors which impair visual access.

                           2. Off-premises detached outdoor advertising signs.

                           3. Spinners, streamers, pennants, flashing lights and other animated signs used
                              for commercial purposes. Highway and railroad signs are exceptions.



                           Chapter 5 - Signage                                                      H-118









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                                   4. Signs placed on trees or other natural features.

                                   5. Commercial signs for products services, or facilities located off-site.










                                         7
                                          lji- "jzb-






                                                                       MW. 1_4'@'













































                                   Chapter 5 - Signage                                                        H-1 19









                           SW Handbook - 1994 Edition


                           Utilities (Accessory)

                           Applicability

                           Utilities have been split into accessory and primary with accessory meaning
                           utilities that effect small scale distribution services connected directly to the
                           uses along the shoreline. For example, power, telephone, cable, water and
                           sewer lines, including stormwater systems, are all considered as utilities
                           accessory to shoreline uses. They are covered in this section because they
                           concern all types of development and have the potential of impacting the
                           quality of the shoreline and its waters.

                           Policies


                           I . Utilities are necessary to serve shoreline uses and should be properly
                               installed so as to protect the shoreline and water from contamination and
                               degradation.

                           2.  Utility facilities and fight-of-ways should be located outside of the
                               shoreline area to the maximum extent possible. When utility lines require a
                               shoreline location, they should be placed underground.

                           3.  Utility facilities should be designed and located in a manner which
                               preserves the natural landscape and shoreline ecology and minimizes
                               conflicts with present and planned land uses.

                           Regulations

                           I . In shoreline areas, utility transmission lines, pipelines and cables shall be
                               placed underground unless demonstrated to be infeasible. Further, such
                               lines shall utilize existing fights-of-way, corridors and/or bridge crossings
                               whenever possible. Proposals for new corridors in shoreline areas
                               involving water crossings must fully substantiate the infeasibility of existing
                               routes.


                           2.  Utility development shall, through coordination with government agencies,
                               provide for compatible multiple use of sites and rights-of-way. Such uses
                               include shoreline access points, trails and other forms of recreation and
                               transportation systems, providing such uses will not unduly interfere with
                               utility operations or endanger public health and safety.

                           3.  Sites disturbed for utility installation shall be stabilized during and
                               following construction to avoid adverse impacts from erosion.



                           Chapter 5 - Utilities (Accesson)                                                H-120









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                                  Vegetation Management

                                  Applicability

                                  Vegetation management involves both a passive and active management
                                  system. The intent of both systems is to minimize habitat loss and the impact
                                  of invasive plants, erosion, sedimentation and flooding. "Passive" vegetation
                                  management deals with protection and enhancement of existing diverse native
                                  plant communities along all shorelines including rivers, wetlands, lakes and
                                  steep bluffs. "Active" vegetation management involves aquatic weed control
                                  as well as the restoration of altered or threatened shorelines using a technology
                                  called soil bioengineering. Soil bioengineering reestablishes native plant
                                  communities as a dynamic system that stabilizes the land from the effects of
                                  erosion. Vegetation management provisions apply even to those shorelines
                                  and uses which are exempt from a permit requirement.


                                  Notes to Master Programmers

                                  A brief discussion of the underlying principles and the advantages of
                                  bioengineering is appropriate because the technology is a relatively new
                                  science in this country that uses live plant materials as a main structural
                                  component. As they grow, these systems work with the natural environment to
                                  create the permanent protection andpreservation of land. Both biological
                                  and structural elements of the systems mustfunction together in an integrated
                                  and complementary manner, whether the structural elements are natural or
                                  manmade. Ae advantage of soil bioengineering is often found where
                                  conventional stabilization and erosion control methods are limited in benefits,
                                  uneconomical, unsuitable or ineffective. Vegetation also mitigates seasonal
                                  temperature swings of waters, provides habitatfor wildlife, and contributes to
                                  the aesthetic quality of the area This system should be considered when
                                  evaluating any shoreline modification activity (see Chapter 8).


                                  Policies


                                  1. Native plant communities within and bordering state shorelines including,
                                      but not limited to, wetlands, lakes, rivers and unstable bluffs should be
                                      protected and maintained to minimize damage to the Ecology and
                                      environment of the shoreline area.






                                  Chapter 5 - Vegetation Management                                            H-121









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                           2.  Restoration of degraded shorelines due to natural or manmade causes
                               should, wherever feasible, use soil bioengineering techniques to arrest the
                               processes of erosion, sedimentation and flooding.

                           3.  The design and use of naturally regenerating systems for prevention and
                               control of beach erosion should be encouraged where:

                               a.  The length and configuration of the beach will accommodate such
                                   systems;

                               b.  Such protection is a reasonable solution to the needs of the specific
                                   site; and

                               c.  Beach restoration/enhancement will accomplish the following
                                   objectives:

                                   i. Recreate or enhance natural shoreline conditions and habitat-,

                                   ii. Reverse otherwise erosional conditions; and

                                   iii. Enhance access to the shore, especially to public shores.

                           5.  Aquatic weed management should stress prevention first. Where active
                               removal or destruction is necessary, it should be the minimurn to allow
                               water-dependent activities to continue, minimize negative impacts to native
                               plant communities, and include appropriate handling or disposal of weed
                               materials.


                           Regulations

                           I . All unique and fragile shorelines shall be protected from degradation
                               caused by the modification of the land surface within the shoreline area
                               and/or the adjacent uplands (see Site Specific Environment Designations).

                           2.  Wherever possible, development of commercial, industrial, residential
                               and/or recreational uses shall be located away from shorelines that have
                               been identified as unstable and/or sensitive to erosion (see Site Specific
                               Environment Designations).

                           3.  Restoration of any shoreline that has been disturbed or degraded shall use
                               native plant materials with a diversity and type similar to that which
                               originally occurred on-site.

                           4.  Stabilization of exposed erosion prone surfaces along shorelines including
                               but not limited to rivers, streams and marine systems shall, wherever
                               feasible utilize soil bioengineering techniques.



                           Chapter 5 - Vegetation Management                                             H-122









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                                  5.  The use of commercial nursery stock in the restoration of disturbed or
                                      degrading shorelines shall emulate the previously existing vegetation in
                                      both size, structure and diversity at maturation.

                                  6.  Beach enhancement is prohibited:

                                      a.  Within spawning, nesting or breeding habitat;

                                      b.  Where littoral drift of the enhancement materials will adversely effect
                                          adjacent spawning grounds or other areas of biological significance;

                                      c.  If it will interfere with the normal public use of the navigable waters of
                                          the state; and/or

                                      d.  Where the activity is in support of a nonconforming use unless such
                                          activities are necessary to maintain shoreline stability and the natural
                                          ecology.

                                  7.  Aquatic weed control shall only occur when native plant communities and
                                      associated habitats are threatened or where an existing water dependent
                                      use is restricted by the presence of weeds. Aquatic weed control shall
                                      occur in compliance with all other applicable laws and standards.

                                  8.  The control of aquatic weeds by hand pulling, mechanical harvesting, or
                                      placement of aquascreens, if proposed to maintain existing water depth for
                                      navigation, shall be considered normal maintenance and repair and
                                      therefore exempt from the requirement to obtain a shoreline substantial
                                      development permit.

                                  9.  The control of aquatic weeds by derooting, rotovating or other method
                                      which disturbs the bottom sediment or benthos shall be considered
                                      development for which a substantial development permit is required, unless
                                      it wfll maintain existing water depth for navigation in an area covered by a
                                      previous permit for such activity, in which case it shall be considered
                                      normal maintenance and repair and therefore exempt from the requirement
                                      to obtain a substantial development permit.

                                  10. Where large quantities of plant material are generated by control measures,
                                      they shall be collected and disposed of in an appropriate, identified upland
                                      location.

                                  11. Use of herbicides to control aquatic weeds shall be prohibited except where
                                      no reasonable alternative exists and weed control is demonstrated to be in
                                      the public's interest. A conditional use permit shall be required in such
    is                                case.



                                  Chapter 5 - Vegetation Management                                         H-123









                         SW Handbook - 1994 Edition



                         View Protection


                         Applicability

                         The protection of "scenic vistas" within the shorelines and water bodies is an
                         important shoreline management objective. Protection of significant views is a
                         form of public access; the access being visual rather than physical.
                         Consideration must be given to protection of the visual quality of the shoreline
                         resource and to maintenance of view corridors to and from waterways and
                         their adjacent shoreland features.

                         The protection of views as a shoreline management objective is establ-ished as
                         set forth in RCW 90.58.320 where it states:

                             "in the implementation of this policy the public's opportunity to enjoy the
                             physical and aesthetic qualities of natural shorelines of the state shall be
                             preserved to the greatest extentfeasible consistent with the overall best
                             interest of the state and the people generally. "

                         RCW 90.58.320 also addresses view protection on adjacent lands stating:

                             "No permit shall be issuedpursuant to this chapterfor any new or
                             expanded building or structure of more than 35feet above average grade
                             level on shorelines of the state that will obstruct the view of a substantial
                             number o residences on areas adjoining such shorelines except where a
                             master program does not prohibit the same and then onl whenoverriding
                                                                                     Y
                             considerations of the public interest will be served "

                         View protection can include preventing view blockage through height
                         limitations or requifing aesthetic enhancement with landscaping. However,
                         view protection does not allow for excessive vegetation removal to create
                         views or enhance partial existing views. Please refer to the Vegetation
                         Management and Clearing and Grading provisions contained in this chapter.


                         Policies


                         I . Development, uses and activities on or near the shoreline should not impair
                             or detract from the public's visual access to the water.

                         2.  Public views from the shoreline and upland areas should be enhanced and
                             preserved. Enhancement of views should not be construed to mean
                             excessive removal of vegetation that partially impairs views.



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                                   3. Visual access should be maintained, enhanced and preserved on shoreline
                                      street ends, public utilities and rights-of way and within designated "view
                                      corridors". In            City/County, designated view corridors include


                                   Notes to Master Programmers

                                   View corridors offer unobstructed andlor significant views of the shoreline or
                                   shore resources. 7hey may he long and narrow, such as between a major
                                   transportation corridor and the shore, or long andperpendicular to the shore,
                                   such asftom a major public viewpoint.

                                   Regulations

                                   I .Shoreline uses and activities shall be designed and operated to avoid
                                      blocking, reducing, or adversely interfering with the public's visual access
                                      to the water and shorelines except as provided for in Chapter 5,
                                      "Vegetation Management".

                                   2. Public lands such as street ends, rights-of-way and utilities shall provide
                                      visual access to the water and shoreline in accordance with RCW
                                      35.79.035 and RCW 36.87.130 (see Shoreline Public Access Handbook).

                                   3. In providing visual access to the shoreline, the natural vegetation shaR not
                                      be excessivel removed either by clearing or by topping (see Chapter 5
                                      "Clearing and Grading").

                                   4. Development on or over the water shall be constructed as far landward as
                                      possible to avoid interference with views from surrounding properties to
                                      the shoreline and adjoining waters.

                                   5. Marinas with covered boathouses shall limit their height above mean sea
                                      level (see Chapter 6, Figure 6-3 Use-related Development Standards).

                                   6. Development on the water shall be constructed of nonreflective materials
                                      that are compatible in terms of color and texture with the surrounding area.

                                   7. Visual access shall be maintained, enhanced and preserved on shoreline
                                      street ends, public utilities and rights of way and within the following
                                      identified "view corridors                       (Local jurisdiction to fill in
                                      such identified view corridors.







                                   Chapter 5 - View Protection                                                 H-125









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                                 1                                                                                    40
                          Water Quality

                          Applicability

                          Water quality is effected in numerous ways by human occupation and
                          development.of shoreline areas. Typically the increase in impermeable surfaces
                          as a result of development increases runoff causing higher peak stormwater
                          discharge at a higher velocity which causes scouring and erosion of stream
                          banks. Erosion increases suspended solids and carries heavy metals,
                          household wastes and excess nutrients into the water. Increased nitrogen and
                          phosphorous enrichment depresses levels of dissolved oxygen. The
                          degradation of water quality adversely impacts wildlife habitat and public
                          health.

                          Maintaining high water quality standards and restoring degraded systems has
                          been mandated in RCW 90.58.020:

                              "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. "                                                                0

                          Water quality is impacted by a variety of uses and modifications and clearly
                          needs broad policies and regulations to protect the shorelines and the
                          associated waters of the state.


                          Policies


                          I . All shoreline uses and activities should be located, designed, constructed
                              and maintained to minimize adverse impacts to water quality and fish and
                              wildlife resources including spawning, nesting, rearing, feeding areas and
                              migratory routes.

                          2.  The City/County should require reasonable setbacks, buffers and
                              stormwater storage basins to achieve the objective of lessening negative
                              impacts on water quality.

                          3.  All measures for controlling erosion, stream flow rates or floodwaters
                              through the use of stream control works should be located, designed,
                              constructed and maintained so that net off-site impacts related to water do
                              not degrade the existing water quality.





                          Chapter 5 - Water Quality                                                 H-126









                                  SMY Handbook - 1994 Edition



                                  4. All measures for the treatment of runoff for the purpose of maintaining
                                     and/or enhancing water quality should be conducted on-site before
                                     shoreline development impacts waters off-site.

                                  5. Dredging and filling activities should be conducted to minimize the effect
                                     on water quality from the addition of suspended solids, leaching of
                                     contaminants or disturbance of habitats and should be consistent with
                                     applicable regulatory agency requirements (e.g. Wildlife, Fisheries, Corps.
                                     of Engineers).

                                  6. Agricultural activities such as animal feeding operations feed lot wastes,
                                     retention and storage ponds, manure storage, use of fertilizers and
                                     pesticides and other activities that can impact water quality should be
                                     minimized by implementing best management practices, buffers and
                                     setbacks.


                                  Regulations

                                  I .All shoreline development, both during and after construction, shall
                                     minimize any increase in surface runoff through control, treatment and
                                     release of surface water runoff so that the receiving water quality and shore
                                     properties and features are not adversely effected. Control measures
                                     include but are not limited to dikes, catch basins or settling ponds, od
                                     interceptor drains, grassy swales, planted buffers and fugitive dust controls.

                                  2. The local government and proposed shoreline uses and activities shall
                                     mitigate any reduction in water quality due to erosion of rivers and stream
                                     systems by increasing storage of runoff peaks utilizing the hydraulic storage
                                     capacity of floodways and wetlands.

                                  3. All industrial, commercial, residential, recreational and agricultural uses
                                     shall adhere to all required setbacks, buffers and standards for storage
                                     basins (refer to shoreline use and environment designation regulations for
                                     specific limits).

                                  4. All shoreline development shall comply with the applicable requirements of
                                     the Stormwater Management Manualfor the Puget Sound Basin (Ecology
                                     publication #91-75) or a local government program that meets or exceeds
                                     the requirements of the subject manual.










                                  Chapter 5 - Water Quality                                                 H-127









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                                  CHAPTER 6
                                  Environment
                                  Designations


                                  Introduction

                                  The shoreline environment designations established under the Shoreline
                                  Management Act are one of the principal tools available for applying and
                                  tailoring the general guidelines of the Act to local shorelines. Not only does
                                  classi@@ing shorelines into specific designations as recommended in WAC-173-
                                  16-040(4) provide the means of adapting broad policies to shoreline segments
                                  with distinctively different conditions and resources, but it also is a way to
                                  integrate comprehensive shoreline planning into master program regulations.

                                  The process for classifying local shorelines and developing regulations for each
                                  environment is described in Handbook Chapter 3, SNIP Amendment Process.
                                  The recommended procedure involves inventorying shoreline environment
                                  resources and identifying the special resource management needs and shoreline
                                  development opportunities along each shoreline segment. Chapter 10,
                                  Promoting Water-Oriented Uses, details techniques for determining suitabi.lity
                                  of shorelines for different uses. Local comprehensive planning goals, public
                                  access plans and waterfront revitalization can also be incorporated into master
                                  program regulations by setting SMP environment designation regulations that
                                  further these local objectives. Thus, the environment designation process is
                                  most effective when it is developed on a comprehensive basis. It should be


                                  Chapter 6 - EnAronment Designations                                      H-128









                          SMT Handbook - 1994 Edition



                          noted, however, that shoreline management, (including master program goals,
                          policies and regulations and environment designations) in accordance with
                          RCW 90.58.340, requires that local governments review their plans,
                          requirements and ordinances which apply to areas adjacent to shorelines
                          jurisdiction and modify such so they "achieve a consistent use policy" with the
                          Act and the local SN4P. This means that local comprehensive plans and
                          development requirements for adjacent lands must be consistent with the SMA
                          and local SNP. To help comply with adjacent lands requirements, local
                          governments should incorporate SMA goals and policies into the local
                          comprehensive planning process.

                          Components of the SMP

                          The environment designations chapter of a shorefine master program should
                          contain the components identified in Figure 6-1.


                          Purpose, Designation Criteria,
                          Management Policies and Regulations

                          1 .The statement of purpose should describe the shoreline management
                             objectives of the designation in a manner that distinguishes it from other
                             designations. A few sentences or brief paragraph is usually sufficient for a
                             purpose statement (see examples at the end of Chapter 6).

                          2. The criteria or basis for classifying (i.e. locating) a shoreline within that
                             designation should be clearly stated (see examples of criteria statements at
                             the end of Chapter 6).

                          3. The management policies form the basis of the regulations and should be in
                             sufficient detail to assist in their interpretation.

                          4. Regulations translate the management policies into enforceable
                             requirements and development standards. Environment-specific
                             regulations commonly address:

                             a. Preferred shoreline development requirements (where water-dependent,
                                 water-related, water-enjoyment and non-water-oriented uses are
                                 pennitted) and prohibitions.








                          Chapter 6 - Environment Designations                                     H-129








                                     SW Handbook - 1994 Edition



                                     Figure 6-1. Contents of Environment Designations Section








                                   I - List of             2. Common                3. Map
                                   Designations            Boundary
                                                           Descriptions

                                    0 Urban

                                    10 Rural

                                    ï¿½ Conservancy

                                    ï¿½ Natural




                                4. For Each Designation
                                                                           5. Matrices
                                   ï¿½ Purpose of Desig.                                       Environment
                                   ï¿½ Criteria for Assig.
                                   ï¿½ Management Policies
                                                                             Use
                                                                                                       2
                                                                             Category        ;D C9 U.
                                6. Environment Specific                                      P  CICIP    X
                                Regulations (If Needed)                                      P  C XIC    C
                                                                                             X-P   X C   C
                                   ï¿½ Site Development                        Activities      D IP  p P   x
                                   ï¿½ Screeaing                                               C D   C C   X
                                   10 Mixed Use                                              C P   XIX   X
                                   0 Public Access                           Height          20'30
                                     Etc.                                    Setback         20,iO
                                                                             Etc.













                                     Chapter 6 - Environment Designations                                           H-130









                          SMEP Handbook - 1994 Edition



                              b. Type of uses permitted (Note- specifying where specific types of uses
                                 such as marinas, light industrial and laundromats are permitted is an
                                 option but not preferred or mandatory, see discussion below.).
                                 However, broader categories of uses, such as residential, commercial,
                                 industrial, etc. (that are illustrated in a use matrix) need to be supported
                                 with specific policies and regulations.

                              c. Building height, bulk limits, setbacks and site development standards.

                              d. Environment specific requirements for vegetation maintenance,
                                 parking, signs, public access and other topics not covered in general
                                 use and activity regulations.

                              e. Public access requirements that are specific to a particular environment.

                          Special Tip

                          An alternate organizational approach to environment specf1c regulations is
                          to include the regulationsfor each environment in the general and use
                          regulations rather than place all environment specUic regulations in this
                          section. In general, if a master program includes a s7nall number of
                          designations and less sophisticated regulations, it is more efficient to include
                          them in the general and use specific regulations. If, on the other hand, a
                          master program must accommodate a diversity of conditions and complex site
                          development standards, then including a sectionfor environment specific
                          regulations is advantageous. If the master program includes environment
                          specific regulations in the environment designation section, then reference
                          should be routed back to the general and use specific regulations because
                          both will apply.

                          The purpose, criteria, policies and regulations for each environment should be
                          listed in that order for each environment (see examples at the end of Chapter
                          6).

                          Shoreline Environment Map and Description

                          Clear maps showing environment boundaries are essential in administering the
                          master program.


                          I . It is required that a map be included within the master program document.
                              The map, however, can be reproduced (and indexed) in sections to allow a
                              scale adequate to give property owners a reasonably clear idea of how the
                              program affects them. The map may be included in a master program's
                              appendix.




                          Chapter 6 - Environment Designations -                                   H-131









                                     SMIP Handbook - 1994 Edition



                                     2.  In the City/County office which administers shoreline permits, an up-to-
                                         date and accurate map of the shoreline area and environments must be
                                         maintained. This is necessary both to insure consistent application of the
                                         program and to provide clear guidance to a property owner proposing
                                         development on the shoreline. Although many jurisdictions rely on a
                                         determination by the Planning Director or other official to resolve any
                                         uncertainties in interpretation, some jurisdictions have found that
                                         inconsistent, confusing, or inaccurate maps can lead to lengthy permit
                                         disputes and legal battles. If it is not feasible to accurately designate
                                         individual parcels on a map, it is very important that the text provide a
                                         clear basis for identifying the boundaries or explicit criteria which can be
                                         used to distinguish the environments on the ground. "Common" boundary
                                         descriptions are now being used by many jurisdictions to accurately define
                                         envirorunent boundaries. Common boundary descriptions typically rely on
                                         both martmade and natural features (i.e. roads, bluffs, dikes, etc.) to
                                         delineate environment boundaries. For example, "The urban designation
                                         starts at Taylor Street and runs north to James Street where the suburban
                                         designation begins." In all events the maps should indicate that the
                                         designation boundaries may change as a result of SNIP amendments and
                                         that the common boundaries contained in the SN4P take precedence over
                                         mapped boundaries.

                                     3.  Where jurisdiction has been reduced to floodway plus 200 feet, the SMT
                                         map should clearly indicate the areas (floodplains, river deltas, associated
                                         marshes, bogs and swamps) beyond the 200-foot limit that still remain
                                         within shoreline management jurisdiction and what envirorunent
                                         designation applies in this case. The master program should also make it
                                         clear that in the event of a mapping error, the jurisdiction will rely upon
                                         common boundary descriptions and the criteria contained in Chapter 173-
                                         22 WAC rather than the incorrect or outdated map.

                                     4.  The map and the master program should note that all areas within shoreline
                                         jurisdiction that are not mapped and/or designated are automatically
                                         assigned a conservancy designation until the shoreline can be redesignated
                                         through an SN4P amendment. Thus, land which reverts to local control
                                         from federal ownership, such as Forest Service land trades or "discovered"
                                         associated marshes, bogs and swamps wfll be afforded a good degree of
                                         protection until a complete analysis and amendment is processed.











                                     Chapter 6 - Environment Designations                                         H-132









                          SW Handbook - 1994 Edition


                          Summary Matrices and
                          Explanatory Illustrations

                          Matrices or charts summarizing the permitted uses and development standards
                          of each environment designation are very desirable. Such matrices have
                          proven exceptionally useful in describing different requirements to potential
                          permit applicants and in explaining the comprehensive system of designations
                          to the public. Matrices also provide an excellent "tool" for use in comparing
                          the regulations amongst the various environments such that they present a
                          logical shoreline management system. Examples of environment designation
                          matrices are presented on the following pages. Figure 6-2 shows the preferred
                          method for indicating use regulations and Figure 6-3 presents the preferred
                          method for illustrating height and setback requirements. As examples, these
                          matrices attempt to represent a typical regulatory system. Figure 6-4 addresses
                          vegetation maintenance corridor standards, illustrating one method for
                          determining the minimum land area within shoreline jurisdiction that must be a
                          "Designated Vegetation Maintenance Corridor". Using Figure 6-4, follow the
                          steps below to determine the required "Designated Vegetation Maintenance
                          Corridor" for a given shoreline environment.


                          I . Determine applicable shoreline environment.

                          2.  See Figure 6-4 for minimum width of designated corridor. (For example,
                              in the natural environment the corridor is 200 feet.)

                          3.  See Figure 6-4 for percentag, of designated vegetation maintenance
                              corridor that must be left undisturbed. (For example, in the natural
                              environment, it is 90%.)

                          4.  Preference should be given to leaving undisturbed vegetation closest to the
                              OHWM.


                          Environment Designations

                          The basic system of environment classification recommended in the WAC-173-
                          16-040(4) consists of four designations: natural, conservancy, rural and urban
                          (see the examples at the end of this chapter for purpose and criteria of each).
                          In addition, a local government may elect to establish additional classifications
                          as warranted. Each new additional environment should be distinct from
                          existing designations and must have clear purpose, designation criteria and
                          management policies justifying their need. In addition to the four standard
                          designations, some examples of new designations (illustrated in the preceding
                          matrices) include:




                          Chapter 6 - Environment Designations                                         H-133









                                      SW Handbook - 1994 Edition



                                      1 .An "urban-maritime" designation for shorelines where only water-
                                        dependent uses are regularly permitted.

                                      2. A "suburban" environment applying to shorelines that are not strictly urban
                                        but more intensively developed than a rural setting.

                                      3. An "aquatic" environment to include all water areas and submerged lands.

                                      Other examples of customized environment designations are presented at the
                                      end of this chapter.

                                   Special Tip

                                      New environment designations should be given descriptive names rather than
                                      a name such as "Conservancy T' or "Rural ff". The names could indicate the
                                      type of use (e.g. Urban-Maritime), the environmental condition or objective
                                      (e.g. "Rural Riparian') or the geographic location (e.g. "Urban-Blue Lake)
                                      where the designation applies. Keep in mind that the objective here is not to
                                      create a proliferation of special designationsfor diversity's sake, but to
                                      address special considerations and tailor an environment designationfor the
                                      bestfit.


                                      Figure 6-2. Shoreline Use and Modification Acthity Matrix (page I of 3).


                                      Key

                                      I       Golf courses require a CUP in all environments where permitted.
                                      2       Marinas require a CUP.
                                      3       Includes dredge material disposal in deep water as a CUP, otherwise see landfill.
                                      4       Primary intended use policies and standards must also be met, including
                                              residential, commercial, industrial, etc.

                                      P       May be allowed subject to permit conditions and provisions contained in SMP.
                                              May be allowed over water if allowed in adjacent upland environments.
                                      C       May be allowed as a conditional use.

                                      X       Prohibited.

                                      NA      Not applicable.
                                      #c      May be allowed as a conditional use over water if allowed in adjacent upland
                                              en-vironment.










                                      Chapter 6 - En%ironment Designations                                       H-134
















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                  SMP Handbook - 1994 Edition



                  Figure 64. Vegetation Maintenance Corridor Standards









                                             ENVIRONMENT DESIGNATU)NN



                                                  >4


                                                  >                    U


                                                  z
                        (;ENERAL SITE        Q
                  DEVEL(WINIENT STANDARDS    Z    U
                   Designated vegetation maintenance 200' 100, 50' 50' 25' 25' NA
                   corridor *2

                   Percent of corridor that must be
                   left undisuLdW            90   75  50  50   10



                 KEY

                 *1 As measured landward Erom OHWK also refer to Geneml Provisions (Clearing and Grading,
                    Vegetation Management)

                 NA Not applicable




                                          Designated Vegetation Maintenance Corridor



                                          - - - - - - - - - - - -


                 r
                                 -:X1904d



                       PROPERTY

                                       Figure 64 indicates the
                                       land area within the corridor that must
                                       be maintained in natural vegetation.

                  ------------- ----




                                 OHWM






                  Chapter 6 - En,.ironment Designations               H-141









                                   SW Handbook - 1994 Edition
     49                            Special Considerations

                                   Environment-Specific Use Provisions

                                   Environment designation regulations should include a description of what uses
                                   are permitted in each environment. There are several different approaches
                                   available to accomplish this. The most commonly used method is to fist all of
                                   the use categories (e.g. marinas, agricultural, commercial) which are permitted
                                   in each particular environment. This technique may be refined by placing
                                   special conditions or performance standards on specific uses in the
                                   environment. For example, a marina may be pern-dtted in a conservancy
                                   environment provided there is no covered moorage and no boat repair work
                                   performed. Or. by permitting specific uses in an environment only through a
                                   conditional use permit. A matrix such as Figure 6-2 efficiently summarizes this
                                   information.


                                   If this approach is chosen, the use requirements should be compatible with the
                                   local zoning code to reduce confusion and it may be necessary to revise the
                                   zoning code to accommodate SMP regulations. In any event, it is not
                                   recommended that the zoning ordinance be incorporated into the SMP. There
                                   are four reasons why the master program and the zoning ordinance should be
                                   consistent but independent:

                                   I . Zoning codes generally include extensive, detailed development standards
                                       which apply to development activities outside the scope of shoreline
                                       management and cover an area much broader than the shoreline. To repeat
                                       all such standards for each shoreline designation would create a
                                       voluminous and duplicative SMP.

                                   2.  There are often numerous existing zoning classifications along urban
                                       waterfronts, resulting in a complex zoning map. Creating special shoreline
                                       designations for each existing zone failing within shoreline jurisdiction
                                       could result in an unwieldy number of shoreline designations.

                                   3.  Shoreline management has an additional unique and in some cases stronger
                                       legal basis than comprehensive land use planning and zoning because the
                                       Shoreline Management Act embodies the principals of the public trust
                                       doctrine and has different legal ramifications relative to the takings issue,
                                       permit review, public access, etc.

                                   4. Specific itemized listings of uses is not necessary in an SMP. Uses are
                                       typically listed by broad use categories (e.g. water-dependent, water-
                                       related, etc.). These categories are then specifically defined in the SMP



                                   Chapter 6 - EnAronment Designations                                           H-142









                          SMI? Handbook - 1994 Edition



                              definitions section. This method has also proven effective if the permitted
                              uses in each environment are also summarized in a matrix as in Figures 6-2,
                              6-3 and 6-4.

                          A preferred approach for environment-specific use regulations is to specify
                          where and under what conditions water-dependent, water-related, water-
                          enjoyment and non-water-oriented uses are permitted and/or prohibited, but
                          not set requirements for individual types of uses (see the example "use" matrix
                          provided). This has the advantage of avoiding the potential for conflict with
                          the zoning ordinance and eliminates the complexity of regulating speciflc use
                          types. By focusing on shoreline preferred uses the SNV directly responds to
                          the SMA objective of giving priority to water-oriented uses. However, this
                          approach does not directly address the issue of compatibility between shoreline
                          uses. For example, under the second approach, a pulp mill might be developed
                          next to a cruise ship terminal or waterfront park unless prevented (or
                          conditioned) by other provisions in the master program or by the local zoning
                          ordinance.


                          Conditional Use Provisions

                          Some uses may be appropriate within a certain environment only if they meet
                          certain conditions. In other instances closer review may be necessary to                     0
                          determine if the broader conditions are met. In these cases, the use should be
                          listed in the SNT as a "conditional use" and require a conditional use permit
                          (CUP). A master program should clearly explain the review process required
                          for a conditional use permit.

                          RCW 90.58.100 (5) states that "each master program shall contain provisions
                          to allow for the varying of the application of use regulations of the program,
                          including provisions for permits for conditional uses and variances, to insure
                          that strict implementation of a program will not create unnecessary hardships
                          or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be
                          allowed only if extraordinary circumstances are shown and the public interest
                          suffers no substantial effect." WAC 173-14-140 states that "The purpose of a
                          conditional use permit is to allow for greater flexibility in varying the
                          application of the use regulations of the master program."

                          Hence SNTs should require shoreline conditional use permits for special uses
                          that require case-by-case analysis to determine if and when a particular
                          proposal is consistent with overall shoreline management policies. Shoreline
                          CUPs are recognized as the appropriate regulatory vehicle for accommodating
                          use activities which are otherwise out of the norm of uses administered by the






                          Chapter 6 - Environment Designations                                      H-143









                                     SMIP Handbook - 1994 Edition



                                     standard shoreline permitting (i.e. Substantial Development Permit [SDP])
                                     process. Uses with'potential for aesthetic, environmental and/or public water
                                     use conflicts, such as over-water and in-water uses and activities, should be
                                     cups.

                                     All conditional use permits are reviewed by the Department of Ecology and are
                                     subject to Ecology approval. Therefore, a local government is assisted by state
                                     review to insure that issues of state-wide interest are met. Conditional use
                                     requirements can be set to accomplish numerous regulatory purposes. Among
                                     them are:


                                     1. Insuring compatibility of different uses in the same environment. Example:
                                        water-enjoyment uses can be allowed in a maritime industrial environment
                                        on the condition that they do not conflict with existing or future industrial
                                        uses.


                                     2. Insuring that site development performance standards are met. Example:
                                        permit can be conditioned on the application of an approved master site
                                        plan demonstrating conformance to objectives stated in the SW.

                                     3. Providing greater control and flexibility in the review of mixed-use projects
                                        where water-enjoyment uses are permitted over water. Example:
                                        permitting water-enjoyment uses over water in a mixed-use project
                                        conditioned on the determination that the use supports public
                                        redevelopment objectives.

                                     4. Identifying special cases where non-water-ofiented uses are allowed on the
                                        shoreline as part of a civic redevelopment area.

                                     5. Insuring that environmental quality is not degraded. Example: dredging
                                        may be allowed as a conditional use only after environmental studies show
                                        no significant destruction of critical habitat.

                                     6. Requiring approved comprehensive planning before implementation of a
                                        large scale project such as a sewage treatment plant or dam.

                                     7. Obtaining the review assistance of Ecology where complex shoreline
                                        management issues are involved such as for diking projects associated with
                                        flood hazard management.

                                     8. CUPs also typically involve a local public hearing requirement (instead of
                                        local administrative approval) insuring appropriate public involvement for
                                        such proposals. CUPs are also useful for uses that typically involve some
                                        complexity and uncertainty as to what shoreline benefits and impacts can be





                                     Chapter 6 - Environment Designations                                          H-144









                           SW Handbook - 1994 Edition



                              anticipated (i.e. m@ixed-use development). Uses and activities that can't be
                              "pigeon-holed" with certainty as to their impacts should be scrutinized as
                              CUPs on a case-by-case basis.

                           Classifying Submerged Lands through
                           Aquatic Environments

                           Preparing environment regulations for water bodies has been problematic for
                           several reasons. Extending environment designations waterward from irregular
                           shorelines often leads to geometric inconsistencies, with portions of the water
                           area falling within several designations (see Figure 6-5). An exception to this
                           is predesignated legal boundaries extending into the water such as jurisdictional
                           boundaries between a City and a County or cases when a jurisdiction's
                           boundary ends at the OHWM.

                                                                        &
                                                     r-1-\ . .... .....
                                          ma                           -L
                                                                       b a R


                                                  Q3,                   ..........
                                                     - - --------
                             55-
                                        - --------------


                                                           - ------                   0i n     rvancy

                                         ........ .. .




                                                          ..........
                                              ------ -------

                                                    -----         - ---------------







                                                       -----------        X
                                                                                                 D
                                                   ------- ---------
                                                                           S      urban
                                             - -- - -------











                           Figure 6-5. Over-water designations based on extension of upland environments can
                           lead to environment designation inconsistencies.






                           Chapter 6 - Environment Designations                                       H-145









                                    SMEP Handbook - 1994 Edition



                                    Several jurisdictions have developed an Aquatic environment designation to
                                    address management issues specific to offshore areas. Such a designation can
                                    help resolve the inherent problems associated with applying land-based
                                    designation criteria and management policies to water bodies and uses. The
                                    Aquatic environment also provides a cleaner conceptual framework for
                                    protecting aquatic resources and marshes, bogs and swamps by eliminating the
                                    tendency to think of them as extensions of the uplands and therefore assuming
                                    that upland uses should extend freely into these areas. Aquaculture, wetland
                                    protection and navigation concerns for instance, can thus be handled more
                                    effectively with an Aquatic designation than by an extension of upland
                                    environments.

                                    The major limitation of this approach is that it does not explicitly recognize the
                                    interaction of upland and offshore uses: upland uses have a bearing on what
                                    types of aquatic uses are appropriate and vice versa. For example, a large
                                    scale residential subdivision with docks, swimming beaches and substantial
                                    boating activity might provide the reason to limit the scale of offshore
                                    aquaculture facilities. Alternatively, extensive aquaculture development and/or
                                    a biologically productive area might be a prime reason to restrict adjacent uses.
                                    Regulations for the Aquatic environment ideally address the interface between
                                    land and water uses. Such policies should also recognize that an activity's
                                    distance offshore is a factor in determining its impacts on, and conflicts with,
                                    upland uses. Thus, establishing an aquatic environment requires some method
                                    to differentiate between different portions of the water body in order to
                                    regulate uses and assure compatibility between aquatic and upland uses.

                                    The recommended method to deal with these problems on coastal and
                                    lacustrine shorelines is to establish an aquatic environment designation for all
                                    submerged lands waterward of the ordinary high water mark (OHWM).
                                    Special environmental protection regulations can then be applied specifically to
                                    all submerged lands and water areas. Uses and activities that depend on
                                    contiguous access from the shoreline such as marinas, docks, outfalls, etc.,
                                    should be permitted only if the use or activity is also permitted in the
                                    nearest adjacent upland environment. If the permit requirements vary
                                    between the aquatic environment and nearest adjacent upland
                                    environment, (for example, conditional use versus permitted outright) the
                                    more restrictive requirements shall apply. The provisions of over-water
                                    construction must then be stated in the regulations for upland environment
                                    designations. For example, in Figure 6-6, the dock shown would be permitted
                                    only if docks are permitted in the urban environment. The dock's permitted
                                    location is fixed between the two dashed lines because that is the section of
                                    water area that is closest to the uplands designated "urban." Of course, many
                                    shorelines possess unusual geometry where boundaries limiting over-water
                                    construction will require clarification. In most cases this can be done with
                                    exceptions to the general principal noted above (see Figure 6-7).



                                    Chapter 6 - Environment Designations                                          H-146









                            SMT Handbook - 1994 Edition


                                               .d0UU                              &
                                                                              Subwb
                                                         NIL4ar 1@'         U


                                                                                             Ar
                                                                                              CI    servancy
                                                     - --------- - -





                                                     Environment


                                                                                           J, r-


                                                                                   -Suburban
                                    Shoreline          0
                                  Use/Activity        -2        0 Cr
                                                           :)  C) <
                                                                                            0 .14k
                                Piers and Docks        P   C    X  P

                                Others uses, etc.

                               Key

                               P = Permitted
                               C = Conditional Use
                               X = Prohibited



                            Figure 6-6. Over-water use (dock) regulations tied to nearest adjacent upland
                            environmenL In this example, the dock is permitted because it is permitted in both the
                            Aquatic environment and the Urban environment.


                            The location of uses and activities that do not require contiguous contact with
                            the shoreline such as aquaculture, dredging, filling or offshore moorage are
                            better controfled through regulations that are not tied to the upland
                            environment. This can be done by setting use or activity regulations for the
                            specific uses and activities or through aquatic environment regulations. Some
                            provisions that exemplify this approach are listed below. Depending upon
                            local circumstances, multiple aquatic environments may be desirable to
                            recognize diverse aquatic resources (see Figure 6-7).


                            1. Aquaculture activities shaH not occur within xxx'of a shoreline in the
                               Natural, Conservancy, or Urban environments and require a conditional use
                               permit (see Figure 6-8).







                            Chapter 6 - Environment Designations                                        H-147









                                   SMT Handbook - 1994 Edition


                                   2.  Dredging shall not take place in significant marine habitat areas identified
                                       during the environmental assessment for the project. (Significant habitat
                                       areas as defined by the City/County).

                                   3.  Uses in the aquatic environment shall not block navigation channels or
                                       restrict access to sections of the shoreline.









                                              r
                                                0


                                                                                       Mae M
                                                      C@
                                                               Urban Maritime                    Ca



                                                                             :Z@














                                    Urban
                              @.j @Redevelopment_

                                            -J


















                                    Figure 6-7. Using more than one aquatic environment





                                    Chapter 6 - Environment Designations                                      H-148









                              SMEP Handbook - 1994 Edition



                                                                 AquaCUItUTe pens or other
                                         L]                      aquatic use that is not
                                     0                           connected to the shoreli


                                                                                .NC6
                                                                              CIN,
                                             C3 an


                                                                        Rural



                                                  all                                                                      C
                                                      CZA                                                               N



                                           In this case, the regulation sets
                                           a minimum distance between aquaculture
                                           pens and urban, conservancy and natural
                                           environments but does not conflict with
                                           rural environments


                              Figure 6-8. Setting minimum distances to shoreline emironments from specified
                              aquatic uses.


                              Except under unusual circumstances applying aquatic environments to rivers is
                              not necessary since in-water activities are not typically as intensive (as say
                              marinas, ports or aquaculture) and not so closely tied to upland based uses.
                              This is particularly true where a parallel environment designation is apphed
                              along the river that emphasizes protection and management of riparian
                              vegetation.


                              Parallel Environments

                              Traditional environment designation systems slice the shoreline into
                              perpendicular segments (Figure 6-9). This allows the development of
                              regulations to adapt to different environmental conditions and development
                              opportunities in the individual shoreline segments. A second environment
                              designation technique supplementing the standard segmental approach is to
                              divide the shoreline in a linear fashion, creating "parallel" environments as



                              Chapter 6 - Environment Designations                                                 B-149









                                   SMY Handbook - 1994 Edition



                                   illustrated by Figure 6-10. Parallel environments can establish a "Win-win"
                                   situation, acting to protect the immediate riparian corridor while at the same tie
                                   allowing appropriate development opportunities on the upland side of the
                                   shoreline jurisdiction. Parallel environments, so named because their
                                   boundaries run roughly parallel to the shoreline are useful for many purposes,
                                   including:


                                   I .Creating a riparian corridor environment along rivers to protect fragile
                                      riverbanks (i.e. bluffs) and vegetation.

                                   2. Setting different use requirements for land that is adjacent to the shoreline
                                      and uplands which are separated from the shoreline by a road, railroad,
                                      dike or other barrier.

                                   3. In urban settings, formulating rr@ixed-use provisions that give preference to
                                      water-dependent uses on the land near the shoreline.

                                   4. Retaining the natural character of lake or marine shorelines while allowing
                                      more intensive development of upland areas.

                                   Parallel environment techniques are discussed in Chapter  14 of this Handbook.































                                   Chapter 6 - EnAronment Designations                                       H-150









                               SMIP Handbook - 1994 Edition



                               Figure 6-9. Typical Enivironment Designations




                                                                                                                                   .0.0.0.090
                                             &



                                  %                                          10

                                        CO         CY

                                                             100


                                                                                                                0



                                                                                                     CL
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                                                                                                                                   C3
                                                                           Ur n Mariti                                             0
                                                                                                               CD
                                                                                                                                   C:







                                Chapter 6 - Emironment Designations                                                                H-151









                                   SMY Handbook - 1994 Edition



                                   Figure 6-10. Use of parallel environments to achieve better resource protection and
                                   redevelopment opportunities.





                                                                                Rural


                                                                                  to
                                                                               0000

                                        %
                                         %









                                                                                                                  ,onto
                                                                                        .00NIO    we
                                   10        ------ ----                 '060,01000
                                                           Itime 0,00 Urban Re    elopment         D    0



                                                     13
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                                                              %                                                   a Ina


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                                                                                                       to           C
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                                   Chapter 6 - Environment Designations                                           H-152









                          SW Handbook - 1994 Edition

                          Sample Environment
                          Designation Provisions

                          Following are sample provisions relating to six common environment
                          designations. Each environment begins with a statement of purpose, followed
                          by a list of designation criteria used to apply the environment designation on
                          the shoreline. Management policies are later provided as the basis for
                          determining which uses are allowed in each shoreline environment and for
                          setting site development standards.


















                                                                                    ..........
                                                                     A\




         LEI                            - - - ------7









                          Chapter 6 - EnAronment Designations                                      H-153








                                  SW Ha.ndbook - 1994 Edition



                                  Urban Environment

                                  Purpose

                                  The Urban environment is an area of high-intensity land use including
                                  residential, commercial and industrial development. The purpose of this
                                  environment is to ensure optimum utilization of shorelines which are either
                                  presently urbanized or planned for urbanization. Development in urban areas
                                  should be managed so that it enhances and maintains the shorelines for a
                                  variety of urban uses, with priority given to water-dependent, water-related
                                  and water-enjoyment uses.


                                  Designation Criteria

                                  Areas to be designated Urban should meet one or more of the following
                                  criteria.


                                  I . Shoreline used or designated for high-intensity commercial, industrial or
                                      recreational use or for multi-fan-ffly residential development;

                                  2.  Shorelines of lower intensity use, where surrounding land use is urban and
                                      urban services are available-,

                                  3.  Shorelines used for water-oriented and port activities; and

                                  4.  Shorelines without biophysical limitations to development such as
                                      floodplains, steep slopes, slide hazard areas, marshes, bogs or swamps,
                                      and/or sensitive areas.


                                  Management Policies

                                  1 . Because shorelines are a finite resource and because urban use tends to
                                      preclude other shoreline uses, emphasis should be given to directing new
                                      development into already developed areas consistent with this master
                                      program.

                                  2.  Full utilization of existing urban areas should be achieved before further
                                      expansion is allowed.

                                  3.  Reasonable long range projections of regional economic need should guide
                                      the amount of shoreline designated Urban.



                                  Chapter 6 - Enitironment Designations                                     H-154









                         SW Handbook - 1994 Edition



                         4.  Priority should be given to "water-dependent", "water-related" and "water-
                             enjoyment" uses over other uses. Uses which derive no benefit fi7om a
                             water location (e.g. non-water-oriented uses) should be discouraged or
                             prohibited.

                         5.  Existing non-water-oriented commercial and industrial uses should be
                             encouraged to relocate to nonwaterfront property.

                         6.  Visual and physical public access should be required. Where possible,
                             industrial and commercial facilities should be designed to permit pedestrian
                             waterfront activities. Planning for the acquisition of land for permanent
                             public access to the water in the Urban environment should be encouraged
                             and implemented.

                         7.  Aesthetic considerations should be actively promoted by means such as
                             sign control regulations, appropriate development siting, screening and
                             architectural standards, planned unit developments and maintenance of
                             natural vegetative buffers.

                         9.  In order to make maximum use of the available shoreline resource and to
                             accommodate future water-oriented uses, the redevelopment and renewal
                             of substandard, degraded or obsolete urban shoreline areas should be
                             encouraged.

                         9. Developments within the Urban environment should be compatible with
                             uses and activities in adjacent (including aquatic) environments.


                         Notes to Master Programmers

                         Urban Area Subcategories

                         Manyjurisdictions havefound the Urban environment to be too general to
                         address the wide range of uses and considerations affecting urban
                         waterftonts. 7he Urban designation allows so many uses that it does not
                         provide much guidancefor development. Some jurisdictions have tailored the
                         Urban environment to their shoreline by creating special Subcategories. If
                         more than one urban designation is established allowing residential
                         development, appropriate housing densitiesfor each environment should be
                         set. Following are descriptions of several approaches commonly used in
                         designating Urban subcategories.

                         1. General Urban vs. Urban Residential


                             One approach is to differentiate primarily residential areas in the Urban
                             environment areasfrorn urban areas with extensive commercial and
                             industrial development. Development controls and requirements are then


                         Chapter 6 - En%ironment Designations                                    H-155









                                 SMI? Handbook - 1994 Edition



                                     tailored to the special needs of residential areas vs. commercial-
                                     industrial waterfronts.

                                 2.  Subcategoriesfor Specific Geographic Areas

                                     Another approach used in some jurisdictions is to develop urban sub
                                     categories for specific portions of the shoreline with varying physical or
                                     development characteristics. Seattle's Master Progrwn uses this
                                     approach, for example, to differentiate Lake Union and the Central
                                     Waterfrontfrom other "Urban Stable" shorelines. For Lake Union,
                                     greater emphasis is placed on preserving the mixed-use character and
                                     restoring blighted areas, while the central Waterfront emphasizes
                                     promoting tourist activity and preserving the historic maritime heritage.

                                 3.  General Urban Uses vs. Water-dependent Commercial and Industrial
                                     Uses


                                     Special subcategories may be established to differentiate areas with afull
                                     range of urban usesfrom areas reserved specificallyfor water-dependent
                                     uses. 7his approach ensures that the most valuable areasfor water-
                                     dependent commercial and industrial uses will be reservedfor, and not
                                     be consumed by, residential or other non-water-dependentlrelated
                                     development.

                                 4.  Developed Urban vs. Future Urban

                                     Finally, masterprograms sometimes differentiate areas which are
                                     characterized by existing urban developmentfrom those which are
                                     designatedforfuture urban expansion. Special considerations for
                                     existing developed areas may include: encouraging redevelopment or in-
                                     fill of blighted or under-utilized urban areas, and establishing flexible
                                     development standards keyed to the actual pattern and characteristics of
                                     existing development. In future urban areas, management policies may
                                     emphasize the needfor compatibility with adjacent shorelines, and
                                     stricter requirements relating to utility infrastructure public access and
                                     preservation of significant natural and culturalfeatures.


                                 Suburban or Rural Residential Environment

                                 Some jurisdictions establish an additional environment to bridge the gap
                                 between Urban and Rural environments. The Suburban or Rural Residential
                                 designation may be appropriate in areas with medium-density residential
                                 development -higher than that allowed in the Rural environment, but less
                                 intense than the range and scale of uses allowed in the Urban environment.




                                 Chapter 6 - EnAronment Designations                                     H-156










                           SMIP Handbook - 1994 Edition



                           While this environment can address important local objectives, Suburban or
                           Rural Residential environments must be used with caution. The Shoreline
                           Management Act callsfor the prevention of uncoordinated andpiecemeal
                           development of the state's shorelines. The Growth Management Act also
                           establishes the goal of reducing sprawling and low-density development
                           through appropriate conversion o undeveloped land
                                                             !f

                           When deciding whether to apply a Suburban or Rural Residential environment
                           to a given shoreline, the long term consequences and costs of such action
                           must be considered Local governments should consider impacts on the
                           shoreline environment, transportation, publicfacilities and services and the
                           community'sfuture vision and ability to manage and maintain development at
                           planned densities.

                           In recent years, local governments have found that serving Suburban or Rural
                           Residential areas can be costly to both local government and, ultimately,
                           shoreline property owners. Suburban densities increase the cost ofproviding
                           puhlicfacilities and services. Suburban shoreline areas may have adverse
                           cumulative impacts on shoreline resources. 7hese can include loss of habitat
                           ftom extensive land clearing and alteration, proliferation of docks and boat
                           houses and water pollution ftom stormwater runoff andfailing septic tanks.
                           In marine settings, water pollution is a serious problem because such
                           developments are often in close proximity to commercial shel@flsh beds. In
                           marine settings, suburban shorelines can also result in salt water intrusion
                           due to excessive ground water withdrawalsftom individual wells. On lakes,
                           water pollution can cause eutrophication with its negative impacts on
                           swimming, boating andfishing.

                           Unless carefully managed, suburban or rural residential shorelines may
                           experience infill and the development of secondary and tertiary lots which
                           cumulatively impact the water body. Yhis often requires the costly retrofitting
                           of such areas with urbwi level services including water, sewer and stormwater
                           facilities. Yhese impacts may be mitigated by maintaining densities which do
                           not requirefiiture expanded services, clustering development, providingfor
                           joint use docks, piers and swimming areas, or by designing lots and siting
                           structures such that lots can be res?ibdivided at greater densities in thefuture
                           when low cost urban services can be installed and maintained Ais last
                           strategy can only be used in areas which can sustain urban or near urban
                           densities. Suburban environments should not he used to subvert the Growth
                           Management Act's concurrency requirements by allowing the development of
                           areas which will demand increasedfitture services, but which are not planned
                           for these needed services. An examplefollows:







                           Chapter 6 - EnAronment Designations                                         H-157









                                   SMT Handbook - 1994 Edition



                                   Suburban Environment


                                   Purpose
                                   The application of the Suburban environment should be limited to areas
                                   intended to serve as a transition between urban and rural areas or intended to
                                   serve shoreline areas which will be developed at greater intensity than rural
                                   areas due to their suitability as significant recreational shorelines. This
                                   designation includes shoreline areas that presently support low- to medium-
                                   intensity uses, where existing densities permit space for small numbers of
                                   livestock, gardens or wood lots. The Suburban environment is designed to
                                   provide for permanent residential and recreational needs outside urban areas,
                                   where adequate facilities for sewage disposal and water supply can be
                                   provided. Suburban designations should not be applied to shoreline areas that
                                   satisfy the criteria for Urban environment designations.


                                   Designation Criteria
                                   Areas to be designated Suburban should meet one or more of the following
                                   criteria:


                                   1.  Areas presently developed or platted for low-density residential uses;

                                   2.  Areas zoned for residential development with lot sizes ranging from 1/4
                                       acre (with public sewer and water) to 5 acres. Also included are existing
                                       extensive small, single-lot shoreline developments;

                                   3.  Areas which could support and serve the needs of planned unit residential
                                       developments;

                                   4.  Areas which could serve as transition zones between urban and rural,
                                       conservancy or natural shoreline areas;

                                   5.  Areas having the physical ability to support low- to medium-density
                                       residential uses and associated commercial, recreational and public service
                                       facilities;

                                   6.  Areas which are appropriate for low- to medium- intensity recreational
                                       uses compatible with residential and/or small scale agricultural activities
                                       (grazing, small scale crops or gardens);

                                   7.  Areas which can provide and have the capabilities to support the necessary
                                       public services, utilities and access to accommodate low- to medium-
                                       density development. Sewage disposal and water supply facilities may be
                                       provided on an individual or community basis or could possibly be
                                       provided via future regional sewer or water systems.


                                   Chapter 6 - Environment Designations                                       H-158









                           SMY Handbook - 1994 Edition


                           Management Policies

                           1 . Residential and recreational activities of medium intensity in appropriate
                               shoreline locations are preferred over other land and resource consumptive
                               development or uses.

                           2.  Developments should be permitted only in those shoreline areas that are
                               environmentally capable of supporting the proposed use in a manner which
                               protects and enhances the shoreline environment and its resources.

                           3.  Residential and other developments should be located, sited, designed and
                               maintained to protect, enhance and be compatible with the subject shoreline
                               environ.ment.

                           4.  Public access opportunities to shorelines and/or water bodies should be
                               encouraged for single-family residences and required for other residential
                               development including short subdivisions, subdivisions and planned unit
                               developments.

                           5.  Residential and recreational developments should provide shoreline areas
                               for joint use community, or public open space.

                           6.  Access, utilities and public services should be available and adequate to
                               serve existing needs and/or planned future development.

                           7.  Commercial development should be limited to uses that serve the
                               surrounding residential, recreational or agricultural activities and should
                               not conflict with these activities.

                           8.  Developments within the suburban environment should be compatible with
                               uses and activities in adjacent (including aquatic) environments.


















                                                                                               fh-t-qlafh





                           Chapter 6 - Environment Designations                                         H-159








                                     SW Handbook - 1994 Edition



                                     Rural Environment


                                     Purpose

                                     The rural environment is intended to protect agricultural land from urban
                                     expansion, restrict intensive development along undeveloped shorelines,
                                     function as a buffer between urban areas and maintain open spaces and
                                     opportunities for recreational uses compatible with agricultural and forestry
                                     uses.


                                     Designation Criteria

                                     Areas to be designated rural should meet one or more of the following criteria:


                                     I . Areas dominated by agricultural, forestry or low-intensity recreational uses;

                                     2.  Areas possessing a high capability of supporting agricultural uses and
                                         compatible forms of development;

                                     3.  Areas modified from their natural vegetative cover and surface drainage
                                         patterns but generally supporting low-density development;

                                     4.  Areas where residential development is or should be low-density because
                                         of important biological or physical values and functions or limitations,
                                         utility capabilities, access problems and/or potential incompatibility with
                                         other uses;

                                     5.  Areas of undeveloped land not appropriate for Natural or Conservancy
                                         environment designations and not planned for significant urban or suburban
                                         development;

                                     6.  Areas which serve as buffers between shoreline areas supporting greater
                                         and lesser intensities of use; and

                                     7.  Areas possessing valuable sand, gravel and mineral deposits.

                                     Management Policies

                                     1. Areas with a high capabflity of supporting agricultural or forestry uses
     is                                  should be protected from incompatible patterns of development and should
                                         be maintained for those uses.



                                     Chapter 6 - Rural Environment                                                  H-160









                          SMY Handbook - 1994 Edition



                          2. New developments in a Rural environment should reflect the character of
                              the surrounding area by limiting residential density, providing permanent
                              open space and by maintaining adequate building setbacks from the water
                              and wetlands.

                          3.  Public and private recreational facilities and uses which are compatible with
                              agriculture and forestry should be encouraged.

                          4.  Intensive development should not be permitted.

                          5.  Low-density residential development should be allowed when self-
                              contained or supporting public facilities such as sewer, water and power
                              are available and where allowing such development vAll not lead to higher
                              densities in the future.

                          6.  Sand, gravel and mineral extracting should be allowed in suitable areas not
                              designated as prime agricultural land.

                          7.  Medium- and high-density residential, and industrial and commercial uses
                              (except agriculture, forestry and mining) should be prohibited.

                          8.  Sensitive shorelines in the Rural environment should be protected through
                              vegetation management, maintenance and erosion control regulations.                     0
                          9.  Developments within the Rural environment should be compatible with
                              uses and activities in adjacent (including aquatic) environments.



















                                                                       P..., nil














                          Chapter 6 - Rural Environment                                             H-161









                                    SW Handbook - 1994 Edition



                                    Conservancy Environment

                                    Purpose

                                    The intent of the Conservancy environment is to protect, conserve and manage
                                    existing natural resources and valuable historic and cultural areas in order to
                                    achieve sustained resource utilization and provide recreational opportunities.
                                    The Conservancy environment is also intended to protect environmentally
                                    sensitive areas which are not suitable for intensive use, such as steep slopes,
                                    flood-prone areas, unstable bluffs, wetlands and areas which cannot provide
                                    adequate sewage disposal. Examples of uses that are appropriate in a
                                    Conservancy environment include dispersed outdoor recreation activities,
                                    timber harvesting on a sustained yield basis, passive agricultural uses such a
                                    pasture and range lands and other related low-intensity uses and activities.


                                    Designation Criteria

                                    Areas to be designated Conservancy should meet one or more of the following
                                    criteria:


                                    I . Areas containing natural resources which lend themselves to management
                                        on a sustained-yield basis, such as commercial forest land and agricultural
                                        land;

                                    2.  Areas subject to severe biophysical limitations such as:

                                        a.  Steep slopes and landslide hazard areas;

                                        b.  Areas subject to severe erosion and feeder bluffs;

                                        c.  Unstable banks or bluffs;

                                        d.  Flood-prone areas-,

                                        e.  Areas with soils that have poor drainage; and

                                        f   Geohydraulic shoreforms (e.g. accretion beaches, point bars, spits,
                                            etc.).

                                    3. Areas which play an important part in maintaining the regional ecological
                                        balance such as:





                                    Chapter 6 - Conservancy Environment                                         B-162









                          SMEP Handbook - 1994 Edition



                              a. Areas rich in quality and quantity of life forms;

                              b. Areas important to the maintenance of natural water quality and flow;
                                 and

                              C. Areas important to maintaining the food chain process (i.e. estuaries,
                                 wetlands, riparian corridors).

                          4.  Areas free from extensive development-,

                          5.  Areas where intensive development or use would interfere with natural
                              processes and result in significant damage to other resources;

                          6.  Areas of high recreational value; and

                          7.  Areas with extensive or unique historic or cultural resources.

                          Management Policies

                          1.  Preferred uses in the Conservancy environment are those which are non-
                              consumptive of the physical and biological resources of the area and
                              activities and uses of a nonpen-nanent nature which do not substantially
                              degrade or alter the existing character of the area. Nonconsumptive uses
                              are those uses which utilize resources on a sustained yield basis while
                              minimally reducing opportunities for other existing and future uses of the
                              resources of the area.

                          2.  Activities and uses which would substantially degrade or permanently
                              deplete the physical or biological resources of the area should be
                              prohibited.

                          3.  New development should be restricted to that which is compatible with the
                              natural and biological limitations of the land and water and will not require
                              extensive alteration of the land-water interface.

                          4.  Development in the Conservancy environment should be designed to
                              protect the shore process corridor and its operating systems.

                          5.  Activities or uses which would strip the shoreline of vegetative cover,
                              cause substantial erosion or sedimentation or adversely affect wildlife or
                              aquatic life should be prohibited.








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                                   6. Aquacultural, agricultural and recreational activities which will not be
                                      detrimental to the shoreline character, sceni c quality and natural systems
                                      such as littoral drift and geohydraulic processes should be encouraged.
                                      Residential development should be severely restricted to protect such uses
                                      and features.

                                   7. Commercial and industrial uses other than low-intensity agricultural
                                      practices, commercial forestry and extraction of renewable sand, gravel and
                                      mineral resources should be prohibited.

                                   8. Construction of structural shoreline stabilization and flood control works
                                      should be minimized. New developments should be designed to preclude
                                      the need for such works and should be compatible with shoreline
                                      characteristics and limitations.

                                   9. Preservation of resources should have priority over public access recreation
                                      and development objectives whenever a conflict exists.

                                   10. Developments within the Conservancy environment should be compatible
                                      with uses and activities in adjacent (including aquatic) environments.












                                                                                AWA @.AVo@c4-
                                                                              'Fe4w_@_4_ W14-


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                           Natural Environment


                           Purpose

                           The Natural environment is intended to preserve and restore those natural
                           resource systems existing relatively free of human influence and those shoreline
                           areas possessing natural characteristics intolerant of human use or unique
                           historical, cultural or educational features. These systems require severe
                           restrictions on the intensities and types of uses pern-dtted so as to maintain the
                           integrity of the shoreline environment.


                           Designation Criteria

                           Areas to be designated Natural should meet one or more of the following
                           criteria:


                           1. Wildlife Habitats

                               a. A shoreline area that provides food, water or cover and protection for
                                  any rare, endangered or diminishing species, or for significant
                                  populations of flora or fauna during critical stages of their life cycle,
                                  and

                               b. A seasonal haven for concentrations of native animals, fish or fowl,
                                  such as a migration route, breeding site, larval rearing grounds, or
                                  spawning site.

                           2. Areas of Scientific and Educational Value

                               a. Areas considered to best represent basic ecosystems and geologic types
                                  that are of particular scientific and educational interest;

                               b. Shoreline areas which best represent undisturbed natural areas; and

                               c. Shoreline areas with established histories of scientific research.


                           3.  Areas of Scenic or Recreational Value

                               a. Those shoreline areas having an outstanding or unique scenic feature in
                                  their natural state;

                               b. Shoreline areas having a high value for wilderness experience; and



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                                      c. Areas having a high value in their natural states for low-intensity
                                          recreational use.


                                   4. Other Criteria

                                      a.  Areas where human influence and development are minimal;

                                      b.  Areas which have been degraded but which are capable of easily being
                                          restored to a natural or near natural condition or are capable of natural
                                          regeneration if left undisturbed; and

                                      c.  Other unique natural features relatively intolerant of human use or
                                          development such as: marshes, bogs and swamps, Class I beaches,
                                          spits, white water rapids and waterfalls, virgin timber stands and
                                          wilderness areas.


                                   Management Policies

                                   1. Any use or development which would potentially degrade the natural value
                                      or significantly alter the natural character of the shoreline area should be
                                      severely restricted or prohibited.

                                   2. Limited access should be permitted for scientific, historical, educational
                                      and low-intensity recreational purposes, provided that no significant
                                      adverse impact on the area will result.

                                   3. Uses which are consumptive of physical, visual and biological resources
                                      should be prohibited.

                                   4. Physical alterations should only be considered when they serve to protect a
                                      significant, unique or highly valued feature which might otherwise be
                                      degraded or destroyed.

                                   5. Uses and activities permitted in locations adjacent to shorelines designated
                                      Natural should be compatible and should ensure that the integrity of the
                                      Natural environment will not be compromised.

                                   6. Developments within the Natural environment should be compatible with
                                      uses and activities in adjacent (including aquatic) environments.










                                   Chapter 6 - Natural Emironment                                            H-166










                          SW Handbook - 1994 Edition



                          Aquatic Environment

                          Purpose

                          The purpose of this designation is to protect the unique characteristics of the
                          aquatic environment by managing use activities and by assuring compatibility
                          between upland and aquatic uses. It is designed to promote the wise use of the
                          natural features and resources of water areas which are substantially different
                          in character from those of adjoining uplands.

                              Note: The aquatic environment does not typically include associated
                              marshes, bogs and swamps because the aquatic environment promotes
                              water-dependent uses and activities that may conj7ict with protection of
                              sensitive welland areas. Such areas are better suited to a Natural or
                              Conservancy environment designation.

                          Designation Criteria

                          1. Aquatic areas include:

                              a.  All marine water areas seaward of the ordinary high water mark
                                  including estuarine channels, sloughs and associated marshes, bogs and
                                  swamps;

                              b.  All lakes subject to this program waterward of the ordinary high water
                                  mark; and

                              c.  All rivers and streams designated shorelines of the state.

                          Management Policies

                          1.  Structures which are not water-dependent and uses which will substantially
                              degrade the existing character of the area should be prohibited.

                          2.  Developments within the Aquatic environment should be compatible with
                              the adjoining upland environment.

                          3.  Diverse public access opportunities to water bodies should be encouraged
                              and developed and should be compatible with the existing shorelines and
                              water body uses and environment.




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                                  4.  Aquaculture practices should be encouraged in those tidelands, waters and
                                      beds most suitable for such use.

                                  5.  Multiple industries using the Same tideland facilities shall be given
                                      preference over single-industry use.

                                  6.  In appropriate areas, fishing and recreational uses of the water should be
                                      protected against competing uses that would interfere with these activities.

                                  7.  All developments and activities using navigable waters or their beds should
                                      be located and designed to minimize interference with surface navigation,
                                      to minimize adverse visual impacts and to allow for the safe, unobstructed
                                      passage of fish and animals, particularly those whose life cycles are
                                      dependent on such migration.

                                  8.  Deep draft uses, if allowed, should not occur in areas requiring extensive
                                      initial or maintenance dredging.

                                  9.  Filling operations should be accomplished in such a manner as not to create
                                      a substantial environmental impact.

                                  10. With exceptions for boat launching areas and other permitted water-
                                      dependent uses, motorized vehicular travel should be discouraged on all
                                      tideland areas.

                                  11. Development of underwater pipelines and cables on first and second class
                                      tidelands will be discouraged except where adverse environmental impacts
                                      can be shown to be less than the impact of upland alternatives; when
                                      permitted, such facilities should include adequate provisions to insure
                                      against substantial or irrevocable damage to the environment.

                                  12. Where the State owns the abutting uplands, priority will be given to joint
                                      development of the uplands and second class tidelands for public use.

                                  13. Abandoned and neglected structures which cause adverse visual impacts or
                                      are a hazard to public health safety and welfare should be removed or
                                      restored to a usable condition consistent with the provisions of this
                                      program.















                                  Chapter 6 - Aquatic Environment                                           H-168








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                                   CHAPTER 7
                                   Shoreline Use
                                   Policies & Regulations


                                   Introduction


                                   Background and Purpose

                                   Shoreline use provisions are more detailed than the general shoreline policies
                                   and regulations. The use policies and regulations apply to specific shoreline
                                   use categories, providing a greater level of detail in addressing shoreline uses
                                   and their impacts. Use policies establish the shoreline management principles
                                   applicable to each use category and serve as a bridge between SNW goals in
                                   the elements section and the use regulations that follow. Use regulations set
                                   physical development and management standards for development of that type
                                   of use.

                                   For planning purposes, it is recommended that master programs make the
                                   distinction between shoreline "uses" which are the ongoing functional result of
                                   development and shoreline modification "activities" which are construction
                                   elements (e.g. landfill, dredging, breakwaters, etc.) that change the physical
                                   character of the shoreline in preparation for or continuance of a use. For legal
                                   purposes both uses and activities are considered "development" (see Chapter
                                   8).




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                          Format and Content                                                                            40

                          Provisions for shoreline uses are listed according to the individual use
                          categories, which typically consist of the following:


                          1. Agriculture

                          2. Aquaculture

                          3.  Boating Facilities (marinas, launch ramps, moorage, etc.)

                          4.  Commercial Development (retail, restaurants, offices, etc.)

                          5.  Flood Hazard Management

                          6.  Forest Practices

                          7.  Industry (manufacturing, shipbuilding, wholesale warehousing, cargo
                              transfer, construction yards, etc.)

                          8.  Instrearn Structures


                          9.  Mining

                          10. Recreational Development - non boating (parks, trails, golf courses, etc.)

                          11. Residential Development

                          12. Transportation Facilities - roads, ferries, private air strips, helipads, etc.

                          13. Primary use utilities (wastewater treatment, electrical substations, etc.)


                          Regulations stating where the uses may be located (e.g. over water) on the site
                          can be stated in this section if applicable. Also, the use section may include a
                          listing of the environment designation where the use is permitted and special
                          requirements that vary from environment to environment. However, in most
                          cases, it will be advantageous to describe where specific uses are allowed as
                          permitted uses, or as conditional uses, and where special requirements apply in
                          a matrix in the environment designation section of the SMP (see Chapter 6).











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                                   Model Language

                                   Sample language based on best practices standards for each shoreline use
                                   category is presented below. These sample provisions have been developed
                                   with input from Ecology and other state resource agencies as well as from a
                                   variety of master programs presently being implemented throughout the state.
                                   Local governments can modify the provisions as needed to fit with their
                                   particular needs.






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                                   Chapter 7 - Shoreline Use Policies & Regulations                             H-171









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                                                                                                                                41
                            Agriculture

                            Applicability

                            Agriculture refers to all methods of livestock, crop, vegetation and soil
                            management. These include but are not necessarily limited to the related
                            activities of tilling, fertilizer application, soil preparation and maintenance,
                            harvesting and the control of weeds, plant diseases and insect pests. Also
                            included are animal husbandry practices associated with the feeding, housing,
                            maintenance and marketing of animals such as beef cattle, milk cows, breeding
                            stock, horses and poultry and their by-products. Facilities contained within
                            this category include, but are not limited to, storage, feed lots, fences and
                            ditches. Excluded are agricultural processing industries. Uses and activities
                            associated -%ith agriculture which are identified as separate use activities in this
                            program, such as Industry, Shoreline Stabilization and Flood Hazard
                            Management, are subject to the regulations established for those uses in
                            addition to the standards established in this section.


                            Notes to Master Programmers

                            7he Shoreline Management Act exemptsftom the substantial development
                            permit requirement the construction andpractices normal or necessaryfor
                            fanning, irrigation and ranching activities, including agricultural service
                            roads and utilities on wetlands, and the construction and maintenance Of
                            irrigation structures including but not limited to head gates, pumping
                            facilities and irrigation channels: PRO TIDED, that afeedlot of any size, all
                            processing plants, other activities of a commercial nature, alteration of the
                            contour of the wetlands by leveling orfilling other than that which results
                            ftom normal cultivation, is not considered normal or necessaryfarming or
                            ranching activities (see RCW90.58.030 and WAC 173-14). Afeedlotisan
                            enclosure orfacility used or capable of being usedforfeeding livestock hay,
                            grain, silage or other livestockfeed but does not include "Jandfor growing
                            crops or vegetationfor livestockfeeding andlor grazing, nor does it include
                            normal livestock wintering operations. " Finally,' the Act exempts the
                            operation and maintenance of any system of dikes, ditches, drains or other
                            facilities existing on September 8, 19 75, which were created, developed or
                            utilizedprimarily as a part of an agricultural drainage or diking system.

                            Although these structures are exemptftom obtaining a substantial
                            development permit, compliance with all prohibitions, regulations and
                            development standards of this chapter is still required, including conditional
                            use and variance permit requirements.



                            Chapter 7 - Agriculture                                                          H-172








                                     SNT Handbook - 1994 Edition



                                         Note: Diking, ditching or draining activities valued over $2,500 and
                                         undertaken after 09108175 are not exempt. Such activities require a
                                         substantial development permit.


                                     Policies


                                     I . Valuable agricultural lands should be protected from incompatible and
                                         preemptive patterns of development so that they may remain in productive
                                         agricultural use.

                                     2.  The creation of new agricultural lands by diking, draining or filling
                                         tidelands, tidal marshes and associated marshes, bogs and swamps should
                                         be prohibited.

                                     3.  Farm management techniques, operations and control methods should
                                         protect the productivity of the land base by maintaining or improving soil
                                         quality and minimizing soil losses through erosion in accordance with
                                         applicable Soil Conservation Service conservation practice guidelines.

                                     4.  A vegetative buffer should be maintained between agricultural lands and
                                         water bodies or wetlands in order to reduce harmful bank erosion and
                                         resulting sedimentation, enhance water quality by slowing and filtering
                                         runoff and maintain habitat for fish and wildlife.

                                     5.  Animal feeding operations, retention and storage ponds, feed lot waste and
                                         manure storage should be located out of shoreline jurisdiction and
                                         constructed to prevent contamination of water bodies and degradation of
                                         the adjacent shoreline environment.

                                     6.  Appropriate farm management techniques should be utilized to prevent
                                         contamination of nearby water bodies and adverse effects on valuable plant,
                                         fish and animal life from fertilizer and pesticide use and application.

                                     7.  Cooperative arrangements should be encouraged between farmers and
                                         public recreation agencies to allow public use of shorelines where it does
                                         not conflict with agricultural operations.

                                     8.  The scenic beauty of natural shorelines as well as the historic value of many
                                         rural agricultural landscapes should be protected in agricultural
                                         development.

                                     9.  Dairy, poultry and feed lot operators should be encouraged to recycle
                                         animal wastes.






                                     Chapter 7 - Agriculture                                                        H-173









                          SW Handbook - 1994 Edition


                          Regulations

                          1. Agricultural development shall conform to applicable state and federal
                             policies and regulations including but not limited to the following:

                             a.  Erosion control guidelines and standards of the Soil Conservation
                                 Service and U.S. Department of Agriculture;

                             b.  Feedlot control guidelines of the U.S. Environmental Protection
                                 Agency; (see "Guidelines for Handling Livestock Wastes for Western
                                 Washington", distributed by the Washington State Department of
                                 Ecology in conjunctionwith the United States Environmental
                                 Protection Agency for the Cooperative Extension Service).

                             c.  Washington Pesticide Application Act (Chapter 17.21 RCW);

                             d.  Washington Pesticide Act (Chapter 15.57 RCW);

                             e.  Intrastate Water Quality Standards (Chapter 372.64);

                             f   Interstate Water Quality Standards (Chapter 372.12)-,

                             g.  State Board of Health Water Supply Rules and Regulat  ions; and

                             h.  Cooperative Extension Service guidelines cited in the SMA WAC's for
                                 agriculture.

                          2. Manure lagoons shall maintain a minimum 100-foot setback from any water
                             body, river, creek, marsh, bog or swamp, and if located in the floodplain
                             shall be constructed to an elevation I foot above the base flood level
                             occurring at the site and, if possible, adequately covered.

                          3. Manure spreading shall be setback from the shoreline a sufficient distance,
                             no less than 25 feet from the floodway boundary or OHWM whichever is
                             further landward and otherwise, conducted in a manner that prevents animal
                             wastes from entering water bodies or wetlands adjacent to water bodies.

                          4. Confinement lots, feeding operations, lot wastes, stockpiles of manure
                             solids and storage of noxious chernicals'are prohibited in the floodway or
                             within 200 feet landward of the ordinary high water mark, whichever is
                             greater.

                          5. Within 100-year floodplain boundaries, all liquid manure storage shall be
                             diked and, if feasible, adequately covered.





                          Chapter 7 - Agriculture                                                 H-174








                                     SMIP Handbook - 1994 Edition



                                     6.  A buffer of natural or planted permanent native vegetation shall be
                                         maintained between areas used for crops or intensive grazing and adjacent
                                         waters and marshes, bogs and swamps. The plant composition and width
                                         of the buffer shall be based on site conditions, including type of vegetation,
                                         soils types, drainage patterns and slope, but shall not be less than 25 feet
                                         measured from the ordinary high water mark. The buffer shall be sufficient
                                         to retard surface runoff and reduce siltation and provide adequate riparian
                                         habitat. New or redeveloped cultivation or grazing sites shall submit a map
                                         indicating buffers.

                                     7.  Stream banks and water bodies shall be protected from damage due to
                                         concentration and overgrazing of livestock by providing the following:

                                         a. Suitable bridges, culverts or ramps for stock crossing;

                                         b. Ample supplies of clean fresh water in tanks on dry land for stock
                                            watering; and

                                         c. Fencing or other grazing controls to prevent bank compaction, bank
                                            erosion or the overgrazing of or damage to buffer vegetation.

                                     8.  Agricultural practices shall prevent and control erosion of soils and bank
                                         materials within shoreline areas and minimize siltation, -turbidity, pollution
                                         and other environmental degradation of watercourses and wetlands.

                                     9.  The burning of weed and grass growth along      drainage ditches shall be
                                         allowed if conducted in accordance with the guidelines and regulations of
                                         appropriate agencies.

                                     10. The application of agricultural chemicals shall prevent the direct runoff of
                                         chemical laden waters into water bodies or aquifer recharge areas.
                                         Adequate provision shall be made to minimize their entry into any body of
                                         water.


                                     11. All shoreline development must conform to the General Provisions (see
                                         Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                         stated in the master program.

                                     Prohibited

                                     The following uses are prohibited:


                                     1.  The disposal of farm wastes, chemicals, fertilizers and associated containers
                                         and equipment within shoreline jurisdiction is prohibited. However,
                                         organic wastes may be used for fertilization or soil improvement. The
                                         disposal of solid waste, including junk vehicles and equipment, debris and
                                         brush, is also prohibited within shoreline jurisdiction.



                                     Chapter 7 - Agriculture                                                       H-175









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                          2. The application of agricultural fertilizers, including animal waste, herbicides
                             and pesticides, shall be prohibited within 100 feet landward of OHWM.

                          3. Aerial spraying of fertilizers, chemical. pesticides or herbicides over water
                             bodies, wetlands, within a floodway and within 200 feet landward of
                             OHWM is prohibited.

















                                                                                      --en













































                          Chapter 7 - Agriculture                                                   H-176









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                                  Aquaculture

                                  Applicability

                                  Aquaculture is the farn-drig or culturing of food fish, shellfish or other aquatic
                                  plants and animals in lakes, streams, inlets, estuaries and other natural or
                                  artificial water bodies. Activities include the hatching, cultivating, planting,
                                  feeding, raising and harvesting of aquatic plants and animals and the
                                  maintenance and construction of necessary equipment, buildings and growing
                                  areas. Cultivation methods include but are not limited to fish pens, shellfish
                                  rafts, racks and long lines, seaweed floats and nets and the culture of clams and
                                  oysters on tidelands and subtidal areas. When consistent with control of
                                  poflution and prevention of damage to the environment, aquaculture activities
                                  are a preferred shoreline use (see WAC 173-16-060(2)).


                                  Notes to Master Programmers

                                  Potential locationsfor aquacultural enterprises are relatively restricted
                                  because of water quality, temperature, oxygen content, current and in marine
                                  waters, salinity requirements. The technology associated with some forms of
                                  aquaculture is still experimental and in itsformative stages. Therefore the
                                  policies and regulationsfor aquaculture reflect both the necessityfor some
                                  latitude in the development of this emerging economic water use as well as its
                                  potential impact on existing uses and natural systems.

                                  For the purpose of this section, related uses such as wholesale and retail
                                  sales, processing andproduct storagefacilities are not considered
                                  aquaculture practices. 7hese uses are subject to the commercial use
                                  regulations in addition to the standards established in this section.


                                  Policies


                                  1.  Areas with high aquacultural use potential should be identified and
                                      encouraged for aquacultural use and protected from degradation by other
                                      types of land and water uses.

                                  2.  Aquaculture activities should be given flexibility to experiment with new
                                      aquaculture techniques.






                                  Chapter 7 - Aquaculture                                                   H-177









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                          3.  Consideration should be given to both the possible positive impacts and the
                              possible detrimental impacts aquacultural development might have on the
                              physical environment, on other existing and approved land and water uses,
                              including navigation, tribal "usual and accustomed fishing grounds", public
                              access and on the aesthetic qualities of the project area.

                          4.  Aquaculture should not be allowed in the following areas:

                              a.  Areas that have little natural potential for the type(s) of aquaculture
                                  under consideration.

                              b.  Areas that have water quality problems that make the areas unsuitable
                                  for the type(s) of aquaculture under consideration.

                              c.  Areas devoted to established uses of the aquatic environment with
                                  which the proposed aquacultural method(s) would substantially and
                                  materially conflict. Such uses would include but are not limited to
                                  navigation, moorage, sport or commercial fishing, log rafting,
                                  underwater utilities and active scientific research.

                              d.  Areas where the design or placement of the facilities would
                                  substantially degrade the aesthetic qualities of the shoreline.

                              e.  Areas where an aquacultural proposal will result in any significant
                                  adverse environmental impacts that cannot be eliminated or adequately
                                  mitigated through enforceable conditions of approval.

                              f.  Areas near national wildlife refuges or critical habitats (as defined in
                                  Chapter 5) where the proposed activity will adversely affect the
                                  refuge/habitat use or value.

                          5.  Preference should be given to those forms of aquaculture that involve
                              lesserenvirorimental. and visual impacts. In general, projects that require
                              no structures, submerged structures or intertidal structures should be given
                              preference over those that involve substantial floating structures. Projects
                              that require few land-based facilities should be given preference over those
                              that require extensive facilities. Projects that involve little or no substrate
                              modification should be given preference over those that involve substantial
                              modification.

                          6.  In instances where a choice of aquacultural methods are available, or where
                              two or more incompatible aquacultural projects are proposed in the same
                              area, the relative environmental impacts of each method or proposal should
                              be considered. In general, preference should be given to methods listed in
                              subsection (a), below, over those listed in subsection (b):





                           Chapter 7 - Aquaculture                                                    H-178









                                   SMT Handbook - 1994 Edition



                                       a. Methods involving no submerged, intertidal or floating structures or
                                          facilities and minimal substrate modification; methods involving
                                          submerged subtidal structures or facilities; methods involving intertidal
                                          structures or facilities.

                                       b. Methods involving floating structures or facilities; methods involving
                                          floating structures with artificial feeding and/or substantial substrate
                                          modification.

                                   7.  The countywide density of net-pen and raft culture operations should-be
                                       limited as necessary to minimize cumulative environmental impacts.

                                   8.  Experimental aquaculture projects should be limited in scale and should be
                                       approved for a limited (specified) period of time.

                                   9.  New shoreline proposals in the vicinity of an experimental aquacultural
                                       project should be restricted or denied if they might compromise the
                                       monitoring and data collection required under the experimental project
                                       permit. All permitted aquacultural projects should be protected from new
                                       development that would be likely to damage or destroy them.

                                   Regulations

                                   I . Applicants shall include in their applications all information needed to
                                       conduct thorough evaluations of their aquaculture proposals, including but
                                       not limited to the following:

                                       a. Species to be reared;

                                       b. Aquaculture m.ethod(s);

                                       c. Anticipated use of any feed, pesticides, herbicides, antibiotics or other
                                          substances and their predicted impacts; .

                                       d. Manpower/employment necessary for the project;

                                       e. Harvest and processing location, method and tin-dng;

                                       f  Location and plans for any shoreside activities, including loading and
                                          unloading of the product and processing;

                                       g. Method of waste management and disposal;

                                       h. Environmental assessment, including best available background
                                          information on water quality, tidal variations, prevailing storm wind
                                          conditions, current flows, flushing rates, aquatic and benthic organisms



                                   Chapter 7 - Aquaculture                                                   H-179









                           SMY Handbook - 1994 Edition



                                   apd probable impacts on water quality, biota, currents, littoral drift and
                                   any existing shoreline or water uses. Further baseline studies may be
                                   required depending upon the adequacy of available information,
                                   existing conditions, the nature of the proposal and probable adverse
                                   environmental impacts. Baseline monitoring shall be at the applicant's
                                   expense unless otherwise provided for;

                                i. Method(s) of predator control-,

                                j. Use of lights and noise generating equipment over water that minimizes
                                   interference with surrounding uses; and

                                k. Other pertinent information deemed necessary by the City/County.

                           2.   The location of floating and submerged aquaculture structures shall not
                                unduly restrict navigation to or along the shoreline or interfere with general
                                navigation lanes and traffic or "usual and accustomed fishing locations".
                                Floating structures shall remain shoreward of principal navigation channels.
                                Other restrictions on the scale of aquaculture activities in order to protect
                                navigational access may be necessary based on the size and shape of the
                                affected water body.

                           3.   No aquatic organism shall be introduced into City/County salt or fresh
                                waters without prior written approval of the Washington Department of
                                Fisheries or the appropriate regulatory agency for the specific organism
                                proposed for introduction. The required approval shall be submitted in
                                writing to the City/County Planning Department prior to the introduction
                                or the granting of the permit, whichever comes first.

                                Unless otherwise provided in the shoreline permit issued by the County, the
                                repeated introduction of an approved organism in the same location shall
                                require approval by the City/County only at the time the permit is issued.
                                Introduction for purposes of this section shall mean the placing of any
                                aquatic organism in any area within the waters of City/County regardless of
                                whether it is a native or resident organism and regardless of whether it is
                                being transferred from within or without the waters of the City/County.

                           4.   Aquacultural. structures and activities that are not water-dependent (e.g.,
                                warehouses for storage of products, parking lots) shall, be located inland of
                                the ordinary high water mark, upland of water dependent portions of the
                                project and shall minimize detrimental impacts to the shoreline.

                           5.   Aquacultural structures and equipment shall be of sound construction and
                                shall be so maintained. Abandoned or unsafe structures and equipment
                                shall be removed or repaired promptly by the owner. Where any structure
                                might constitute a potential hazard to the public in the future, the



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                                         City/County shall require the posting of a bond commensurate with the
                                         cost of removal or repair. The City/County may abate an abandoned or
                                         unsafe structure, following notice to the owner, if the owner fails to
                                         respond in thirty days and may impose a lien on the related shoreline
                                         property or other assets in an amount equal to the cost of the abatement.
                                         Bonding requirements shall not duplicate requirements of other agencies.

                                     6.  Legally established aquacultural enterprises, including authorized
                                         experimental projects, shall be protected from incompatible uses which may
                                         seek to locate nearby. Demonstration of a high probability that such an
                                         adjacent use would result in damage to, or destruction of, such an
                                         aquacultural enterprise shaU be grounds for the denial of that use.

                                     7.  Operational monitoring may be required if and to the extent that it is
                                         necessary to determine, ensure or confirm compliance with predicted or
                                         required performance. Such monitoring requirements shall be established
                                         as a condition of the permit and shall be conducted at the applicant's
                                         (operator's) expense.

                                     8.  No processing of any aquacultural product, except for the sorting or culling
                                         of the cultured organisms and the washing or removal of surface materials
                                         or organisms, shall occur in or over the water after harvest, unless
                                         specifically approved by permit. All other processing and processing
                                         facilities shall be located on land and, in addition to these provisions shall
                                         be governed by the policies and regulations of other applicable sections of
                                         this master program, in particular provisions addressing commercial and
                                         industrial uses.

                                     9.  Aquacultural wastes shall be disposed of in a manner that wiU ensure
                                         compliance with all applicable governmental waste disposal standards. No
                                         garbage, wastes or debris shall be allowed to accumulate at the site of any
                                         aquaculture operation.

                                     10. Aquacultural uses and facilities shall be located at least 600 feet from any
                                         national wildlife refuge lands and/or habitats of special significance for
                                         birds or mammals (as identified in recognized reference documents such as
                                         the Washington State Department of Ecology publication, "Washington
                                         Coastal Areas of Major Biological Significance," and/or as determined by
                                         the Washington State Department of Wildlife); provided that fish net-pens
                                         and projects involving substantial substrate modification shall be located
                                         1,500 feet or more from such areas; provided further that lesser distances
                                         may be authorized by permit other than a variance if it is demonstrated by
                                         the applicant that the wildlife resource will be protected and if the change is
                                         supported by the reviewing resource agencies. Greater distances also may
                                         be required if supported by the reviewing resource agencies.




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                            11. Hatchery and other aquaculture operations shall be required to maintain a
                                minimum 50-foot wide vegetated buffer zone along the affected
                                strearnway, PROVIDED that clearing of vegetation shall be permitted for
                                essential water access points.

                            12. Onshore support structures shall meet the height and setback standards
                                established (see Chapter 6, Figure 6-3 Use-related Development Standards)
                                except that reduced setbacks may be permitted where necessary for the
                                operation of hatcheries and rearing ponds.

                            13. Predator control shall not involve the killing or abusive harassment of birds
                                or mammals. Approved controls include but are not limited to double
                                netting for seals, overhead netting for birds and 3-foot high fencing or
                                netting for otters. The use of other nonlethal, nonabusive predator control
                                measures shall be contingent upon receipt of written approval from the
                                National Marine Fisheries Service and/or the U.S. Fish and Wildlife
                                Service, as required.

                            14. Permit applications shall identify all pesticides, herbicides, antibiotics,
                                vaccines, growth stimulants, anti-fouling agents or other chemicals that the
                                applicant anticipates using. No such materials shall be used until approval
                                is obtained from all appropriate state and federal agencies, including but
                                not limited to the U.S. Food and Drug Administration, the Washington
                                State Departments of Ecology, Fisheries and Agriculture, as required, and
                                proof thereof is submitted to the City/County. When feasible, the cleaning
                                of nets and other apparatus shall be accomplished by air drying, spray
                                washing or hand washing, rather than chemical treatment and application.

                            15. For aquacultural projects using over-water structures, storage of necessary
                                tools and apparatus seaward of the ordinary high water mark shall be
                                limited to containers of not more than 3 feet in height, as measured from
                                the surface of the raft or dock; provided that in locations where the visual
                                impact of the proposed aquaculture structures will be minimal, the
                                City/County based upon written findings and without requiring a variance
                                may authorize storage containers of greater height. In such cases, the
                                burden of proof shall be on the applicant. Materials which are not
                                necessary for the immediate and regular operation of the facility shall not
                                be stored seaward of the ordinary high water mark.

                            16. Proposals for mechanical clam harvesting or other activities that involve
                                substantial substrate modification through dredging, trenching, digging or
                                adverse sedimentation shall not be allowed in existing kelp beds or in beds
                                of native eel grass (Zostera marina) containing more than 2 turions per 1/4
                                square meter in winter or 3 turions per 1/4 square meter in summer.





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                                     17. Fish net-pens shall meet, as a minimum, state-approved administrative
                                         guidelines for the management of net-pen cultures; where any conflict in
                                         requirements arises, the more stringent requirement shaU prevail.

                                     18. Fish net-pens shall not occupy more than 2 surface acres of water area,
                                         excluding booming and anchoring requirements.

                                     19. Aquacultural proposals that include net pens or rafts shall not be located
                                         closer than one nautical mile to any other aquacultural facility that includes
                                         net pens or rafts, provided that a lesser distance may be authorized by the
                                         City/County if the applicant can demonstrate to the City/County
                                         satisfaction that the navigational, environmental and aesthetic concerns
                                         expressed in this master program will be protected. If a lesser distance is
                                         requested, the burden of proof shall be on the applicant to demonstrate that
                                         the cumulative impacts of the existing and proposed operations would not
                                         be contrary to the policies and regulations of this master program.

                                     20. Except as provided in Regulation # 18 above, aquacultural. developments
                                         approved on an experimental basis shall not exceed 5 acres in area (except
                                         anchorage for floating systems) and five years in duration; provided that
                                         the City/County may issue a new permit to continue an experimental
                                         project as many times as is deemed necessary and appropriate.

                                     2 1. Where necessary to preserve the integrity of any research data collected,
                                         aquaculture developments which would be likely to jeopardize an
                                         experimental aquaculture development shall not be allowed within the same
                                         bay, harbor, or cove with any such aquaculture development (or within 1
                                         mile of such a development if the water body is larger than I square mile in
                                         area) until after the experimental project is granted nonexperimental status
                                         or terminated.

                                     22. For floating culture facilities the City/County shall reserve the right to
                                         require a visual impact analysis consisting of information comparable to
                                         that found in the Department of Ecology's "Aquacultural Siting Study"
                                         1986. Such analysis may be prepared by the applicant, without
                                         professional assistance, provided that it is competently prepared.

                                     23. Any shoreline designated a "shoreline of state-wide significance" with
                                         aquacultural activities proposed in that area shall be first subject to the
                                         policies and priorities contained in Section XXX, shorelines of state-wide
                                         significance, and second to the policies and regulations contained in this
                                         section.



     0




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                         24. All aquaculture facilities and accessory uses must conform to the General
                            Provisions (see Chapter 5) and Environment Designation Provisions (see
                            Chapter 6), including setback, height and open space standards, stated in
                            this master program.
























                                    @ 0



























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                                  Boating Facilities

                                  Applicability

                                  Boating facilities include marinas, both backshore and foreshore, dry storage
                                  and wet-moorage types, boat launch ramps, covered moorage, boat houses,
                                  mooring buoys and marine travel lifts (refer to Glossary for definitions). See
                                  also Chapter 8, Shoreline Modification Activity Policies and Regulations,
                                  "Piers and Docks" for nonmarina associated boating facility provisions.

                                  A marina is a water-dependent use that consists of a system of piers, buoys, or
                                  floats to provide moorage for ten or more boats. For regulatory purposes,
                                  large community moorage facilities, yacht club facilities and camp or resort
                                  moorage areas would also be reviewed as marinas. Boat launch facilities and
                                  supplies and services for small commercial and/or pleasure craft may be
                                  associated with marinas. Backshore marinas are located landward of the
                                  OHWM. There are two common types of backshore marinas, one with wet-
                                  moorage that is dredged out of the land to artificially create a basin; and the
                                  other, a dry moorage which has upland storage with a hoist, marine travel lift
                                  or ramp for water access. Foreshore marinas are located in the intertidal or
                                  offshore zone and may require breakwaters of open type construction (floating
                                  breakwater and/or open pile work) and/or solid type construction (bulkhead
                                  and landfill), depending on the location.














                                                                                                           X













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                           Accessory uses found in marinas may include fuel docks and storage, boating
                           equipment sales and rental, repair services, public launching, bait and tackle
                           shops, potable water, waste disposal, administration, parking, groceries and
                           dry goods.

                           Uses and activities associated with boating facilities which are identified in this
                           section as separate uses (i.e., Piers and Docks, Bulkheads, Breakwaters,
                           Commercial Development, Industrial Development [ncluding ship and boat
                           building and repair yards] Jetties and Groins, Dredging, Landfil.1, Utilities and
                           Transportation Facilities) are subject to the regulations established for those
                           uses in addition to the standards for boating facilities established in this section.


                           Notes to Master Programmers

                           Marinas affect wildlife, fish and shelyish habitats. 7he degree of impact
                           depends on such factors as the type of construction and design, variety and
                           number of boats using thefacility and their density and operation
                           characteristics. WAC 173-16-060-5(a) provides that "in locating marinas,
                           special plans should be made to protect the fish and shelyish resources that
                           maybe affected by construction and operation of the facility." WAC173-16
                           and its revisions point to the needfor "best management practices" to control
                           runoff andprevent pollutionftom marinas, fuelfacilities and boatyards.

                           A growing problem for our state's waters is the increase in boater sewage.
                           Since 1972, federal marine sanitation standards issued by the EPA have
                           prohibited overboard discharge of untreated sewage wastes into navigable
                           waters. The U.S. Coast Guard certifies marine sanitation devices, requiring
                           the discharged effluent to have afecal coliform bacteria count no greater
                           than 1, 000 organisms per 100 milliliters, and suspended solids no greater
                           than 150 milligramsper liter. It is illegal to discharge untreatedsewage
                           anywhere in waters of Washington State. Presently there are moneys
                           available for installing boat sewage disposalfacilitiesftom the Washington
                           State Centennial Clean Water Fund, State Parks and Recreation Commission
                           andIAC.

                           Another growing concern affecting state waters involves increased residential
                           use in marinas and other water areas. Over-water residential uses are not
                           consideredpreferred shoreline uses and are therefore discouraged Shoreline
                           Management Act Guidelinesfor Development ofMaster Programs,
                           specifically WA C 173-16-060(8) (d), state that "Residential de velopment over
                           water should not be permitted " Accordingly, master programs should
                           contain specific policies and regulations that effectively manage such uses.
                           Clear definitions (see Glossaty) of "houseboat", Viveaboard", 'floating
                           home ", "vessel" and "boathouse " are needed to clarify the policies and
                           regulations that do apply.


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                                  Although new over-water residential uses are strongly discouraged, there are
                                  some situations where existingj7oating homes and liveaboards represent an
                                  established historic use along the waterfront. In those limited circumstances
                                  where such uses are found to be appropriate, they must comply with policies
                                  and regulations contained in the local master program. (For regulations
                                  specific tofloating homes, see "Regulations - Residential Uses" in this section
                                  and "Floating Homes - where permitted" in the Residential development
                                  section).


                                  Policies


                                  I . Boating facilities should be located, designed and operated to provide
                                      maximum feasible protection and enhancement of all forms of aquatic,
                                      littoial or terrestrial life including animals, fish, shellfish, birds and plants,
                                      their habitats and their migratory routes. To the extent possible and
                                      without undermining other considerations, marinas should be located in
                                      areas of low biologic productivity.

                                  2.  Boating facilities should be located and designed to minimize adverse
                                      effects upon, and to enhance if possible, beneficial shoreline features and
                                      processes including erosion, littoral transport and accretion shoreforms, as
                                      well as scarce and valuable shore features including riparian habitat and
                                      wetlands.

                                  3.  Areas which have been identified as hazardous due to ston-n tides, high
                                      winds or flooding, should not be considered as potential marina sites.

                                  4.  Embayments with poor flushing action should not be considered for marina
                                      sites.

                                  5.  Regional as well as local needs should be considered when determining the
                                      location of marinas and launch ramps, identifying potential ideal sites near
                                      high-use or potentially high-use areas.

                                  6.  Marinas should be located so as to minimize the consumption of limited
                                      shoreline resources by encouraging:

                                      a. The expansion of existing marinas over the addition of new marina
                                         sites,

                                      b. Marinas and launch ramps over the development of individual docking
                                         facilities for numerous private, noncommercial pleasure craft; and






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                          SMY Handbook - 1994 Edition



                              c. The use of boat launching ramps and dry storage of recreational boats
                                 as a favorable alternative to sheltered, year-round wet-moorage of
                                 watercraft.

                          7.  Boating facilities should be located and designed so their structures and
                              operations will be aesthetically compatible with the area visually affected,
                              and will not unreasonably impair shoreline views.

                          8.  New marina facilities should be designed to accommodate public access
                              and enjoyment of the shoreline including provisions for walkways, view
                              points, rest room facilities and other recreational uses according to the
                              scale of the facility.

                          9.  Foreshore marinas, wherever possible, should use open-type construction
                              (floating breakwater and/or open pile work) to prevent degradation of fish
                              and/or shellfish resources and habitat.

                          10. Installation and maintenance of accessible boat sewage disposal (pump-out)
                              facilities should be required and available in convenient locations to all
                              boaters.

                          11. Floating homes, houseboats and liveaboards should only be allowed in
                              those limited circumstances where their environmental and use impacts can
                              be substantially avoided.

                          Regulations -- General

                          I . Boating facility development and/or renovations shall comply with all other
                              applicable state agency policies and regulations including, but not limited
                              to: the Department of Fisheries criteria for the design of bulkheads, landfills
                              and marinas; Federal Marine Sanitation standards (EPA 1972) requiring
                              water quality certification from the U.S. Army Corps of Engineers (Section
                              10); U.S. Army Corps of Engineers dredging standards (Section 404); and
                              state and federal standards for the storage of fuels and toxic materials.

                              Note: Ecology's Water Quality Program provides technical guidance
                              governing the installation of waste disposalfacilifies at new or expanding
                              marinas. Contact the Water Quality Program at your local Ecology
                              regional officefor a copy.


                          2.  The City/County shall require and utilize the following information in its
                              review of marina proposals:

                              a. Existing natural shoreline and backshore features and uses, bathymetric
                                  contours (1-foot increments);



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                                  SMIP Handbook - 1994 Edition



                                      b. Geohydraulic processes and flushing characteristics, volume, rates and
                                         ftequencies,

                                      c. Biological resources and habitats for the backshore, foreshore and
                                         aquatic environments;

                                      d. Area of surface waters appropriated and leased areas;

                                      e. Site orientation; exposure to wind, waves, flooding or tidal/storm
                                         surges; type and extent of shore defense works or shoreline
                                         stabilization and flood protection necessary;

                                      f. Impact upon existing and created demand for shoreline and water uses
                                         including public access and recreation and views;

                                      g. The regional need for additional facilities; and

                                      h. The design of the facilities, including sewage disposal, water quality
                                         controls, provisions for the prevention and control of fuel spillage and a
                                         landscaping plan.

                                  3.  Accessory uses at marinas or public launch ramps shall be limited to those
                                      which are water-dependent, water-related or water-enjoyment. Accessory
                                      uses shall be consistent in scale and intensity with the marina and/or launch
                                      ramp and surrounding uses.

                                  4.  Shoreline permits for marinas shall be conditioned to require boater
                                      education addressing boater impacts on water quality and other shoreline
                                      resources as well as boater safety.

                                  5.  All boating facilities and accessory uses must conform to the General
                                      Provisions (see Chapter 5) and Environment Designation Provisions (see
                                      Chapter 6), including setback, height and open space standards, stated in
                                      this master program.

                                  Regulations -- Location

                                  1.  Marinas catering to a large regional demand for permanent moorage shall
                                      locate in heavily populated areas where shorelines are already developed.

                                  2.  When new sites are considered, sufficient evidence must be presented to
                                      show that existing marinas are inadequate and cannot be expanded to meet
                                      regional demand.






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                            SMY Handbook - 1994 Edition



                            3.   Deteriorated urban waterfront areas in need of restoration and where
                                 channel depths are such that commercial activity is no longer feasible shall
                                 be given priority consideration for potential marina sites.

                            4.   Marinas shall be sited to prevent any restrictions in the use of commercial
                                 and recreational shellfish beds. The specific distance shall be determined in
                                 conjunction with the Washington State Department of Ecology and other
                                 agencies with expertise. Criteria for determining the specific distance may
                                 include:

                                 a. the size and depth of the water body;

                                 b. tidal flushing action in the project area-,

                                 c. size of the marina and projected intensity of use-,

                                 d. whether fuel will be handled or stored;

                                 e. expected number of liveaboards;

                                 f existence of a fully operational pump-out or sewer hook-up; and

                                 g. expected or planned changes in adjacent land uses that could result in
                                   additional water quality impacts or sanitary treatment requirements.

                            5.   Marinas and public launch ramps shall locate on stable shorelines where
                                 water depths are adequate to eliminate or minin-dze the need for offshore or
                                 foreshore channel construction dredging, maintenance dredging, spoil
                                 disposal, filling, beach enhancement and other river, lake, harbor and
                                 channel maintenance activities.

                            6.   Marinas and launch ramps shall locate in areas where there is adequate
                                 water mixing and flushing and shall be designed so as not to retard or
                                 negatively influence flushing characteristics. Marinas are permitted in a
                                 constricted body of salt water (width at the entrance less than one-half the
                                 distance from the entrance to the inner most shoreline) only if there is 1
                                 surface acre of water within the constricted body, measured at mean low
                                 water, for each boat moorage (including buoys) within said constricted
                                 body.

                            7.   Boat launches and marina entrances shall not be located closer than 1,000
                                 feet from beaches commonly used for swimming or valuable areas for
                                 commercial or recreational fishing or shellfish collection.

                            8.   Marine railways for boat launching shall be. located on existing grade,
                                 avoiding landfill where feasible, and shall not obstruct access to and along
                                 the shoreline.



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                                   Marine Shores

                                   9. Marinas and launch ramps shall not locate at or along:

                                       a. significant littoral drift sectors, including resource material areas, such
                                           as feeder bluffs and accretion beaches, points, spits and hooks;

                                       b.  marshes, bogs, swamps and lagoons;

                                       c.  estuaries;

                                       d.  significant fish and shellfish spawning and rearing areas; or

                                       e.  poorly-flushed lagoons and backwaters.

                                   10. Foreshore marinas and launch ramps may be located on or along low
                                       energy drift sectors.

                                   11. Backshore marinas and launch ramps may be located behind closed
                                       accretion beaches, points or low energy driftways. Connecting channels
                                       and theirjetties should be designed to protect natural littoral drift
                                       processes.

                                       a. In the event a marina is constructed landward of the natural preexisting
                                           beach line, there shall be no less than two openings to open water for
                                           ingress/egress and water circulation.

                                   12. When located in designated port areas, marinas shall not extend waterward
                                       of the outer harbor line.


                                   Lake Shores

                                   13. Marinas or launch ramps shall not be permitted on lake beaches (accretion
                                       beach shores) because such natural features are uncommon on lakes and
                                       highly valuable for swimming and general recreation.

                                   14. Backshore lake marinas or launch ramps may be permitted on low-bank
                                       areas if most of the beach and backshore is preserved in its natural
                                       vegetated condition for recreational uses.

                                   Rivers and Stream Banks

                                   15. Marinas shall not locate along braided or meandering river channels where
                                       the channel is subject to change in alignment, or on point bars and other
                                       accretion beaches.






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                           16. River marinas and launch ramps shall be located so as not to adversely
                              affect flood channel capacity or otherwise create a flood hazard.

                           Regulations -- Design/Renovation/Expansion

                           I .Backshore marinas or launch ramps shall generally be preferred over
                              foreshore marinas because they have substantially less impact on shoreline
                              natural features, vegetation and uses, fisheries and shellfish resources, as
                              well as less irreversible appropriation of navigable waters.

                           2. Proposals for marinas shall include launch facilities unless the applicant can
                              demonstrate the unfeasibility of providing such facilities.

                           3. Marina design shall provide thorough flushing of all enclosed water areas
                              and shall not restrict the movement of aquatic life requiring shallow water.

                           4. The marina design shall minimize interference with geohydraulic processes
                              and disruption of existing shore forms.

                           5. Boating facilities shall be designed so their structures and operations will be
                              aesthetically compatible with or will enhance existing shoreline features and
                              uses. Boating facilities shall mitigate for adverse development impacts on-
                              site and to adjacent properties.

                           6. The perimeter of parking, dry moorage and other storage areas shall be
                              landscaped to provide a visual and noise buffer between adjoining
                              dissimilar uses or scenic areas. The permit application shall identify the
                              size, location and species list of landscaping that will be used stressing
                              native vegetation.

                           7. All signs shall adhere to the policies and regulations for signs; EXCEPT
                              that a marina or launch ramp facility may add no more than one advertising
                              sign oriented to the water, not exceeding 15 feet in total height (as
                              measured from OHWM). Signs for fueling facilities shall not exceed 15 feet
                              in total height. Signs incorporating the pump-out logo, shall be provided
                              identifying the location of waste disposal facilities, if available.

                           8. Public access, both visual and physical, shall be an integral part of all
                              marina development and design commensurate with the particular proposal
                              and must include the following:

                              a. Views from upland lots and public view corridors shall be preserved
                                  and or provided with the view corridor not less than 35 percent of the
                                  width of water frontage; EXCEPT that one-half of such requirement
                                  may be satisfied by an abutting street or waterway.



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                                      b.  Marinas and public launch ramps shall be designed so that existing or
                                          potential public access along beaches is not unnecessarily blocked nor
                                          made dangerous and public use of the waters below the ordinary high
                                          water mark is not unduly impaired.

                                      c.  Covered moorage in marinas shall not be constructed where visual
                                          access from public access areas and/or significant numbers of
                                          residences is blocked.

                                  9. Foreshore marinas that must involve solid bulkhead, breakwater, and/or
                                      land fill construction shall meet the following design criteria:

                                      a.  Breakwaters built waterward in a perpendicular plane to the shoreline
                                          shall not be allowed as a continuous one-piece structure.

                                      b.  The toe of the breakwater may not extend waterward of the 0.0
                                          MLLW tide level or more than 250 lineal feet from MFH-IW.

                                      c.  Breakwaters shall be built so that the side slopes shall not be steeper
                                          than 1-1/2-foot horizontal to 1 -foot vertical slope.

                                      d.  The opening between a shore breakwater and an isolated breakwater
                                          shall be not less than 20 feet in width as measured at the toe of the
                                          slope.

                                      e.  Openings must be maintained at project depth at all times in order to
                                          insure proper circulation and fish passage.

                                      f.  Openings may be either offset or in-line design.

                                      g.  Openings may also be used as navigational channels.

                                      h.  In the event a marina is constructed landward of the natural preexisting
                                          beach line, there shall be no less than two openings to open water for
                                          ingress/egress and water circulation.

                                      i.  The opening must be sized (depth and/or width) so as to insure proper
                                          circulation inside the marina configuration and exchange with the
                                          outside bay. To facilitate this exchange, the volume of the tidal prism
                                          (water present between mean low and mean high tide) shall be not less
                                          than 50 percent of the total volume of the basin.

                                      i. The depth of the openings shall be at least as deep as the average depth
                                          of the marina.








                                  Chapter 7 - Boating Facilities                                            H-193









                          SMEP Handbook - 1994 Edition

                              k. Openings may be baffled to protect the marina against wave action but                  41
                                 in no instance should the baffling impede water circulation or fish
                                 movement.


                          10. Location of fueling stations on docks, floats, and/or the shore shall be
                              considered on an individual basis and recommendations wi.11 be made as to
                              its location by the Washington Departments of Fisheries and/or Wildlife.

                          11. Location of boat waste disposal facilities (pump-outs, dump stations and
                              toilets) shall be considered on an individual basis with consultation with
                              Departments of Health, Ecology and Parks as needed.

                          12. The discharge of untreated sewage and/or toxic material from boats and/or
                              shore installations shall be prohibited within any marina. Toxic material
                              herein defined as any material damaging marine life includes but is not
                              limited to paints, varnishes, detergents, petroleum, bilge waste water, etc.

                          13. No commercial or sport fish and/or shellfish processing discharge or
                              discarding of unused bait, scrap fish or viscera shall be permitted within any
                              marina.

                          14. Washington State Water Quality Standards shall be strictly adhered to at all
                              times.

                          15. Owners and/or operators of marinas shall be liable at all times for any and
                              all marine life and/or habitat losses incurred during construction and/or
                              operation of any marina.

                          16. Approval of general construction practices, including but not limited to
                              construction methods, timing and materials must be obtained from the
                              Washington State Departments of Fisheries and/or Wildlife.

                          17. Upland facilities shall be designed and managed in compliance with
                              stormwater BMPs in order to minimize or prevent negative impacts to
                              water quality.

                          18. Boating facilities shall locate stationary boat waste disposal facilities in
                              close proximity to boat refuefing locations.

                          Regulations -- Construction and Materials

                          1. Dredging in coastal waters for boating facilities shall be limited to the
                              minimum necessary for new entrance channels to reach basins dredged out
                              of dry upland areas; for deepening water a few feet in existing and





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                                   SNIT Handbook - 1994 Edition



                                       proposed berthing areas; and for maintenance dredging. Dredging marshes,
                                       bogs and swamps to accommodate new or expanded boating facilities is
                                       prohibited.

                                   2.  Landfill in water bodies or marshes, bogs or swamps to create usable land
                                       space for accessory marina uses is prohibited.

                                   3.  Where foreshore marinas are permitted:

                                       a.  Open-pile or floating breakwater designs are preferred over rip rap or
                                           other solid construction because they cause less damage to natural
                                           shore features and are reversible; and

                                       b.  Solid structures shall not be permitted to extend without openings from
                                           the shore to 0.0 tide level (Mean Lower Low Water [MLLW]) and
                                           shall provide for fish passage along the shoreline.

                                   4. Shoreline embankments of all boating facilities shall be stabilized both
                                       landward and waterward of OHWM both during and after construction.

                                   Regulations -- Parking and Storage
                                   1 . Over-water parking facilities are prohibited.

                                   2.  No overnight parking shall be permitted in the floodway during the wet
                                       season between November I and May 1.

                                   3.  Short-term loading areas may be located at ramps or near berthing areas,
                                       Long-term parking, paved storage and dry moorage areas shall be located
                                       away from berthing areas and at a minimum 100 feet from the OHWM.

                                   4.  To the maximum extent possible, marinas and accessory uses shall share
                                       parking facilities, with marina usage given preference.

                                   5.  The following parking requirements shall apply:

                                       a.  Parking facilities shall provide at a minimum one vehicle space for
                                           every four moorage spaces and for every 400 square feet of interior
                                           floor space devoted to accessory retail sales or service use.

                                       b.  Where liveaboards are permitted, parking facilities shall provide at a
                                           minimum one vehicle space for each liveaboard moorage space.

                                       c.  At each public or quasi-public launch ramp, ten car and trailer spaces at
                                           least 10 feet by 40 feet shall be provided for each ramp lane.




                                   Chapter 7 - Boating Facilities                                             H-195









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                           Regulations -- Circulation

                           1.  Marinas and launch ramps shall be located where access streets are
                               adequate to handle the traffic load generated by the facility and shall be
                               designed to minimize other circulation and access conflicts. Backing of
                               trailers on public roads shall be prohibited.

                           2.  Collector roads between marinas and arterial routes shall have all-weather
                               surfacing and be satisfactory to the City/County in terms of width, safety,
                               alignment, sight distance, grade and intersection controls.

                           3.  Ingress-egress as well as the use and enjoyment of the water or beach on
                               adjoining property shall not be unduly restricted or impaired,

                           Regulations -- Utilities

                           I . Where moorage is offered in new, expanded or renovated existing marinas,
                               pump-out, holding and/or treatment facilities shall be provided for sewage
                               contained on boats and/or vessels. Such facilities shall be located so as to
                               be conveniently accessible to all boats. The responsibility for the adequate
                               and approved collection and disposal of marina originated sewage, solid
                               waste and petroleum waste is that of the marina operator.

                           2.  All marinas shall provide rest rooms and showers for boaters' use. They
                               shall be kept clean and at a minimum be located within 200 feet from the
                               dock or pier; there shall be one toilet and hand washing facility for each sex
                               per fifty moorage sites; signs shall be posted so that the rest rooms are
                               easily identifiable to the boating public.

                           3.  All pipes, plumbing, wires and cables at a marina site shaH be placed at or
                               below ground and dock levels.

                           4.  Public boat launch facilities shall provide and maintain rest rooms or
                               portable toilets and dump stations.

                           Regulations -- Residential Uses

                           1. Moorage of floating homes is prohibited, except as provided for under
                               Residential Development "Regulations - Floating Homes - where
                               permitted", if applicable.







                           Chapter 7 - Boating Facilities                                               H-196









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                                  2. No more than 10 percent of total moorage slips in a marina shall
                                     accommodate liveaboard vessels and houseboats. Where permitted, each
                                     liveaboard or houseboat mooring slip shall be connected to utilities that
                                     provide potable water and wastewater conveyance to an approved disposal
                                     facility.

                                  Regulations -- Management and Operations

                                  1. Marinas shall have adequate facilities and establish posted operational
                                     procedures for fuel and sewage handling and storage in order to prevent
                                     and minimize accidental spillage.

                                  2. Marinas shall have facilities, equipment and established posted procedures
                                     for the containment, recovery and mitigation for spilled petroleum, sewage
                                     and toxic products and debris from maintenance and repair (see Chapter 7,
                                     "Industry", for more specific criteria).

                                  3. Marina operators shall post the following signs where they are readily
                                     visible to all marina users:

                                     a.  Regulations pertaining to handling and disposal of waste, including
                                         gray water, sewage and toxic materials-,

                                     b.  Regulations prohibiting the use of marine toilets while moored unless
                                         these toilets are self-contained or have an approved treatment device;
                                         and

                                     c.  Regulations prohibiting the disposal of fish and shellfish cleaning
                                         wastes, scrap fish, viscera or unused bait in or near the marina waters.

                                     d.  Rules and BMPs for boat maintenance and repairs on site.

                                  4. Garbage or litter receptacles shall be provided and maintained by the
                                     marina operator at several locations convenient to users in sufficient
                                     numbers to properly store all solid waste generated on site. This should
                                     include separate receptacles for waste oil and other potentially hazardous
                                     or toxic waste.

                                  5. The dock facilities shall be equipped with adequate lifesaving equipment
                                     such as life rings, hook and ropes.

                                  6. Adequate fire protection shall be required as per the Washington State Fire
                                     Code.

                                  7. Swimming shall be prohibited within marina facilities unless the swimming
                                     area is adequately separated, protected and posted.



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                          8.  If dredging at marina entrances changes the littoral drift processes and
                              adversely affects adjacent shores, the marina operator shall be required to
                              periodically replenish these shores with the appropriate quantity and quality
                              of aggregate as determined by a geohydraulic study paid for by the
                              operator and completed to the satisfaction of the Administrator.

                          9.  Ten percent of total slips shall be provided for "transient moorage" (less
                              than two week stay) when at least one of the following apply:

                              a. The marina is owned, operated or franchised by a governmental agency
                                 such as a port authority for use by the public;

                              b. If the marina provides more than 3,000 lineal feet of moorage then 100
                                 lineal feet of transient moorage shall be provided for every 1,000 lineal
                                 feet of moorage.

                              c. The marina is part of a mixed-use development which includes
                                 restaurants or other water-enjoyment uses.

                          Regulations -- Boat Launches

                          I . Launch ramps may be pern-dtted on marine or riverine accretion
                              shoreforms, provided any necessary grading is not harmful to affected
                              resources and any accessory facilities are located out of the floodway.

                          2.  Where ramps are permitted, parking and shuttle areas shall not be located
                              on scarce accretion shoreforms which have high value for general shore
                              recreation.

                          3.  Launch ramps shall be permitted only on stable nonerosional banks, where
                              no or a m@inimum number of current deflectors or other stabilization
                              structures will be necessary.

                          4.  Boat launch ramps may be permitted for individual residences where the
                              upland slope within 25 feet of the OHWM does not exceed 25 percent
                              and/or where substantial cutting, grading, filling or stabilization structures
                              are not necessary.

                          5.  Boat launching ramps, minor accessory buildings and haul out facilities
                              shall be designed to be in character and scale with the surrounding
                              shoreline.

                          6.  Ramp structures shall be built from flexible, hinge-segmented pads which
                              can adapt to changes in beach profiles unless a solid structure is
                              demonstrated to be more appropriate for the intended level of use.




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                                   7. Ramps shall be placed and kept near flush with the foreshore slope to
                                       minimize the interruption of geohydraulic processes.

                                   8. Boat ramps shall be signed to alert users to the danger of spreading milfbil
                                       and how to control it.


                                   Regulations -- Covered Moorage

                                   I . Marina developers are required to provide a detailed plan for covered
                                       moorage development before permits are granted. Such a plan must
                                       indicate: (a) covered moorage location, size and general design; (b) impact
                                       on shoreline views in the marina and from adjacent private and public
                                       properties; and (c) that the structures will be built to conform to the
                                       City/County building code, withstand stresses from storms and weather or
                                       damage by fire, and that exterior wall and roof coverings shall be of
                                       noncombustible or fire-retardant-treated material and so certified or
                                       labeled.

                                   2.  The maximum height for covered moorage is 20 feet above the extreme
                                       high tide level. Maximum allowable area of covered moorage within the
                                       over-water portion of the marina is limited to 10 percent of the over-water
                                       area.


                                   3.  Covered moorage is not permitted in areas determined by the City/County
                                       to be of high scenic value or where open water views are important.

                                   4.  All covered moorage at a specific marina shall be of similar and/or
                                       compatible design, materials, color, length and height (unless they exceed
                                       the present height limits); and shall be constructed in contiguous groups or
                                       modules as part of the overall project.

                                   5.  Where covered moorage is utilized, a public dock shall be provided for
                                       viewing the water and for fishing.

                                   6.  All covered moorage shall be constructed of nonreflective neutral material
                                       and colors.


                                   Regulations -- Mooring Buoys

                                   1. Mooring buoys shall be located as close to the shore as possible. They
                                       shall not be located farther waterward than existing mooring buoys unless
                                       the drift of the boat dictates it.






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                         2.  Buoys must be discernible under normal daylight conditions at a minimum
                             of 100 yards and must have reflectors for night time visibility.

                         3.  Only one mooring buoy will be allowed per waterfront lot unless the
                             Administrator detern-dnes and documents with written findings that there is
                             a demonstration of greater need. Such demonstration may include a
                             community park or residential development where lot owners both on and
                             away from the shoreline share a shoreline open space area.



























                                        ZL

















                          Chapter 7 - Boating Facilities                                           H-200









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                                 Commercial Development

                                 Applicability

                                 Commercial development means those uses which are involved in wholesale,
                                 retail, service and business trade. Examples include hotels, motels, grocery
                                 markets, shopping centers, restaurants, shops, offices and private or public
                                 indoor recreation facilities. Excluded from this category are residential or
                                 recreational subdivisions, boating facilities and industry.

                                 Uses and activities associated with commercial development which are
                                 identified as separate use activities in this program such as Nfining, Industry,
                                 Boating Facilities, Transportation Facilities, Utilities, Solid Waste Disposal,
                                 Piers and Docks, Bulkheads and Shoreline Stabilization and Flood Protection
                                 are subject to those regulations in addition to the standards for commercial
                                 development established herein.

                                 The General Policies and Regulations (Chapter 5) also apply to all commercial
                                 uses unless otherwise stated.


                                 Policies


                                 1. New commercial development located in shoreline areas should be limited
                                     to those which are water-oriented uses and activities as defined herein.
                                     Commercial development in shoreline areas should be encouraged in
                                     descending order of preference as follows:

                                     a. Water-dependent uses-,

                                     b. Water-related uses; and

                                     c. Water-enjoyment uses.

                                     Non-water-oriented development is strongly discouraged; however, when
                                     permitted, it should not displace water-oriented development in shoreline

                                     areas.


                                 2.  Commercial developments should be prohibited over water unless the use
                                     is water-oriented.

                                 3.  No commercial development should be allowed in marshes, bogs or
                                     swamps.



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                           4.  New commercial development on shorelines should be encouraged to
                               locate in those areas with existing consistent commercial uses and in a
                               manner that will minimize sprawl and the inefficient use of shoreline areas.

                           5.  Commercial development should be encouraged to utilize existing
                               transportation corridors and minimize the number of ingress/egress points.
                               Ingress/egress should be designed to minimize potential conflicts with and
                               impact on regular corridor traffic.

                           6.  Commercial development should be required to provide physical or visual
                               access to the shoreline or other opportunities for the public to enjoy the
                               shorelines of the state.

                           7.  Multiple use concepts which include open space and recreation should be
                               encouraged in commercial developments.

                           8.  Commercial development should be aesthetically compatible with the
                               surrounding area. Structures should not significantly impact views from
                               upland properties, public roadways or other public areas, and from the
                               water.


                           9.  The location of commercial developments along shorelines should insure
                               the protection and preservation of natural areas or systems identified as
                               having geological, ecological, biological or cultural significance.

                           10. Commercial development should be discouraged within the I 00-year
                               floodplain.

                           Regulations -- General

                           1. The City/County shall require and utilize the following information in its
                               review of commercial development proposals:

                               a.  Nature of the commercial activity, (e.g. water-dependent, water-
                                   related, water-enjoyment, non-water-oriented, mixed-use) including a
                                   breakdown of specific components;

                               b.  Need for shoreline location;

                               c.  Special considerations for enhancing the relationship of the activity to
                                   the shoreline;

                               d.  Provisions for public visual and physical access to the shoreline;

                               e.  Provisions to ensure that the development will not cause adverse
                                   environmental impacts; and



                           Chapter 7 - Commercial Development                                           H-202









                                   SMT Handbook - 1994 Edition

     is                               f   For mixed-use proposals, present alternative mixes of water-oriented
                                          and non-water-oriented uses and activities, structural locations, site
                                          designs and bulk considerations, alternative enhancements for physical
                                          and visual public access to the shoreline (both public and private space)
                                          and other considerations which address the goals and policies of the
                                          SMP.

                                   2. Water-oriented commercial developments may be permitted as indicated in
                                      Chapter 6, Figure 6-2 Shoreline Use and Modification Activity Matrix. In
                                      accordance with said matrix and other provisions of this SMP non-water-
                                      oriented commercial developments may be permitted by CUP only where it
                                      can be demonstrated that:

                                      a.  A water-oriented use is not reasonably expected to locate on the
                                          proposed site due to topography, surrounding land uses, physical
                                          features or due to the site's separation from the water;

                                      b.  The proposed use does not usurp or displace land currently occupied
                                          by a water-oriented use and will not interfere with adjacent water-
                                          oriented uses; and

                                      c.  The proposed use will be of appreciable public benefit by increasing
                                          public use, enjoyment or access to the shoreline.

                                   3. Commercial parking as a primary use is prohibited within 200 feet of the
                                      shoreline.

                                   4. Public access provisions shall conform to the requirements in this program.

                                   5. All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program .

                                   Regulations -- Design

                                   I .Commercial development shall be designed and maintained in a neat,
                                      orderly and environmentally compatible manner, consistent with the
                                      character and features of the surrounding area. To this end, the
                                      City/County may adjust the project dimensions and setbacks (so long as
                                      they are not relaxed below minimum standards without a shoreline variance
                                      permit), and/or prescribe operation intensity and screening standards as
                                      deemed appropriate. Need and special considerations for landscaping and
                                      buffer areas shall also be subject to review.






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                        2.  All commercial loading and service areas shall be located on the upland
                            side of the commercial activity or provisions must be made to setback and
                            screen the loading and service area from the shoreline and water body.

                        3.  Commercial development and accessory uses must conform to the setback
                            and height standards established in Chapter 6, Environment Designations.


















































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                                  Flood Hazard Management

                                  Applicability

                                  Flood hazard management projects are those actions taken with the primary
                                  purpose of preventing or mitigating damage due to flooding. Flood hazard
                                  management projects or programs may employ any or several physical or
                                  regulatory controls including dikes, dams, lakes, engineered floodways,
                                  bioengineering, planning and zoning (land use management). These provisions
                                  also apply to repair and maintenance of flood hazard management systems if
                                  the systems are enlarged or otherwise modified.


                                  Notes to Master Programmers

                                  RCW90.58.100(2)(h) requires shoreline masterprograms to include an
                                  element that implements the statewide interest in preventing and minimizing
                                  flood damages. When local governments revise their shoreline master
                                  programs, they need to include an element to prevent and minimize flood
                                  damages. Local government may be able to meet this requirement by
                                  referencing otherflood hazardplans and regulations donefor the community
                                  such as Comprehensive Flood Hazard Management Plaits (referred to as
                                  Comprehensive Flood Control Management Plans in Chapter 86 26 RCFP),
                                  floodplain regulations adopted under Chapter 86.16 RC Wand critical areas
                                  planning under the Growth Management Act.

                                  When conductingflood hazard management planning, local governments
                                  should consider both structural and nonstructural measures to prevent and
                                  reduce flood damages. The social, economic and environmental impacts of
                                  proposed measures should be evaluated As part of this evaluation, local
                                  governments should consider whether structuralflood control measures may
                                  lead to additional development infloodolains and reducedflood storage,
                                  resulting in a net increase in potentialflood damages.

                                  "en local governments develop flood hazard management plans they should
                                  update their shoreline master programs to re/7ect this information. Updating
                                  SMPs to take into account these plans can help local governments obtain
                                  permitsfor necessaryflood reduction measures by insuring that they are
                                  consistent with the SMR Of course, any amendments to the shoreline master
                                  program must be consistent with the Shoreline Management Act and the
                                  regulations adopted to implement the Shoreline Management Act.




                                  Chapter 7 - Flood Hazard Management                                     H-205










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                         Local governments should also consider adopting thefollowing policies and
                         regulations. Including this element in shoreline master programs can help
                         reduceflood damages and reduce the environmental impacts offlood hazard
                         management projects.

                         All cities and counties within the Puget Sound Basin are required to adopt a
                         stormwater program which complies with the applicable requirements of the
                         Stormwater Management Manual for the Pyget Sound Basin by July 1, 1994.
                         This requirement is mandated by the 1992 amendments to the 1991 Pyge
                         Sound Water Quali& Management Plan. 7his program will help prevent
                         increases inflood damage by requiring new developments which discharge
                         stormwater directly or indirectly into streams to retain stormwater runoff on
                         site to maintain the predevelopment peak runoff rate during the 100-year, 24-
                         hour design storm. Reducing runoffpeaks can reduce downstream flooding
                         during events which are moreftequent than the design storm. Local
                         governments outside the Puget Sound Basin should also consider adopting
                         similar provisions to minimize increasedflood damage downstream ftom new
                         developments.


                         Policies


                         I .Flood hazard management planning should be undertaken in a coordinated
                            manner among affected property owners and public agencies and should
                            consider.entire drainage systems or sizable stretches of rivers, lakes or
                            marine shorelines. Thus, planning should consider the off-site erosion and
                            accretion or flood damage that might occur as a result of stabilization or
                            protection structures or activities. Flood hazard management planning
                            should fully consider nonstructural approaches to minimizing flood
                            damage.

                         2. Nonstructural solutions are preferred over structural flood control devices,
                            and should be used wherever possible, including prohibiting or limiting
                            development in historically flood prone areas, regulating structural design
                            and limiting increases in peak stormwater runoff from new upland
                            development, public education and land acquisition for additional flood
                            storage. Structural solutions to reduce shoreline damage should be
                            allowed only after it is demonstrated that nonstructural. solutions would not
                            be able to reduce the damage.

                         3. Flood hazard management works should be located, designed, constructed
                            and maintained to provide:

                            a. Protection of the physical integrity of the shore process corridor and
                                other properties which may be damaged by interruptions of the
                                geohydraulic system;



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                                      b.  Protection of water quality and natural ground water movement;

                                      c.  Protection of fish, vegetation and other life forms and their habitat vital
                                          to the aquatic food chain; and

                                      d.  Protection of recreation resources and aesthetic values such as point
                                          and channel bars, islands and other shore features and scenery.

                                   4. Substantial stream channel modification, realignment and straightening
                                      should be discouraged as a means of flood protection.

                                   5. Structural flood control works should not be allowed where they win result
                                      in any of the following:

                                      a.  Increased residential, commercial, or industrial development in
                                          undeveloped 100-year floodplains;

                                      b.  Loss of significant flood storage capacity in undeveloped 100-year
                                          floodplains;

                                      c.  Deflecting or constricting flood flows to a degree which will result in
                                          significantly increased flood heights on unprotected properties.

                                   6. In design of publicly financed or subsidized works, consideration should be
                                      given to providing public pedestrian access to the shoreline for low-
                                      intensity outdoor recreation.

                                   7. SSWS priorities (see RCW 90.58.020) should be considered in the review
                                      of aU flood hazard management developments along shorelines of state-
                                      wide significance.

                                   8. Wetlands should be protected to maintain their capacity to store flood
                                      waters and recharge ground water.

                                   9. Natural drainage ways, creeks,.streams and rivers should be protected to
                                      maintain their capacity to convey stormwater and flood water.

                                   10. City/County should adopt and implement a stormwater management
                                      program which meets the requirements of the Stormwater Management
                                      Manualfor the Puget Sound Basin (Washington State Department of
                                      Ecology Publication #91-75).

                                   11. City/County should consider amending the floodplain regulations adopted
                                      under Chapter 86.16 RCW to include zero rise floodway provisions.

                                   12. Residential, commercial and industrial uses should be discouraged within
    40                                undeveloped floodplain areas.


                                   Chapter 7 - Flood Hazard Management                                        H-207








                          SW Handbook - 1994 Edition


                          13. Uses which are less likely to be damaged by flooding should be encouraged
                              in undeveloped floodplains. These uses include forestry uses, agricultural
                              uses, open space, overflow parking and recreational uses which do not
                              require substantial buildings.

                          Regulations

                          1. The City/County shall require and utilize the following information during
                              its review of shoreline flood management projects and programs.

                              a. River channel hydraulics and floodway characteristics up and
                                  downstream from the project area;

                              b.  Existing shoreline stabilization and flood protection works within the
                                  area;

                              c.  Physical, geological and soil characteristics of the area;

                              d.  Biological resources and predicted impact to fish, vegetation and
                                  animal habitat associated with shoreline ecological systems;

                              e.  Predicted impact upon area shore and hydraulic processes, adjacent
                                  properties and shoreline and water uses; and

                              f   Analysis of alternative flood protection measures both structural and
                                  nonstructural.

                          2.  Conditions of Hydraulic Project Approval, issued by Washington State
                              Department of Fisheries or Wildlife, may be incorporated into permits
                              issued for flood protection.

                          3.  The City/County shall require professional design of flood protection
                              works where such projects may cause interference with normal river
                              geohydraulic processes, lead to erosion of other upstream and downstream
                              shoreline properties or adverse effects to shoreline resources and uses.

                          4.  Groins on rivers, streams and lakes may be permitted as a conditional use
                              subject to environment designation provisions, PROVIDED the applicant
                              can demonstrate the appropriateness of the designed structure and that
                              alternative shore protection measures would prove more detrimental to the
                              geohydraufics and natural resources within the water body.

                          5. Diking, flood walls and sin-diar structures may be permitted as a conditional
                              use subject to environment designation provisions PROVIDED:

                              a. Diking is set back to the edge of the floodway and OHWM;



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                                      b.  Tim@ing and construction shall be coordinated with the Washington
                                          Department of Fisheries and Washington Department of Wildlife;

                                      c.  Diking shall be designed and constructed to meet Soil Conservation
                                          Service technical manual standards and shall, at a minimum, include (1)
                                          layered compaction, (2) removal of debris (i.e. tree stumps, tires, etc.)
                                          and (3) revegetation and maintenance until ground cover is established;
                                          and

                                      d. Appropriate vegetation management actions are undertaken.

                                   6. Flood protection measures shall be planned and constructed based on a
                                      state-approved comprehensive flood control management plan, when
                                      available, and in accordance with Chapter 86.16 RCW and the National
                                      Flood Insurance Program.

                                   7. Flood protection measures that alter, reroute or change the natural water
                                      course of the shoreline may be approved as a conditional use only if it is
                                      demonstrated that other flood protection and planning measures would be
                                      insufficient. Alternative measures to be analyzed shall include
                                      bioengineering techniques, restrictions to development, shoreline setbacks
                                      and comprehensive land use planning.

                                   8. Development and redevelopment within shoreline jurisdiction shall comply
                                      with the applicable provisions of the City/County floodplain regulations
                                      adopted under Chapter 86.16 RCW.

                                   9. Development and redevelopment within shoreline jurisdiction shall comply
                                      with the applicable requirements of the City/County stormwater
                                      management program.

                                   10. Residential, commercial and industrial uses which may be damaged by
                                      flooding are prohibited in undeveloped I 00-year floodplains. In
                                      determining whether a use may be damaged, the local government should
                                      consider its location, its design and the extent to which development has
                                      occurred in the floodplain, and whether access will be available to the use
                                      during flood events.

                                   11. Hospitals, health care facilities, nursing homes and retirement homes are
                                      prohibited within I 00-year floodplains.

                                   12. Residential, commercial and industrial subdivisions and short subdivisions
                                      shall be designed so that each lot will have a building site outside the 100-
                                      year floodplain. Where possible, the building site should be located outside
                                      the 500-year floodplain. The subdivision's internal street system should be
                                      laid out to provide access to each lot which is passable by passenger car
                                      during a 100-year flood event.


                                   Chapter 7 - Flood Hazard Management                                      H-209










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                         13. Bridges, culverts and other river, stream and waterway crossings shall be
                             designed and constructed so they do not restrict flood flows such that flood
                             elevations are increased. Where a bridge, culvert or other waterway
                             crossing replaces an existing crossing, the replacement structure shall not
                             increase flood heights over that caused by the original structure.

                          14. All shoreline development must conform to the General Provisions (see
                             Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                             stated in this master program.













                                      Short-term solution; high risk







                                                                                  0




                                      Another solution; less risk; high cost





                                                                              Ea






                                     Permanent solution; good flood plain management
                                                                                  r































                          Chapter 7 - Flood Hazard Management                                        H-210









                                  SW Handbook - 1994 Edition



                                  Forest Practices


                                  Applicability

                                  Forest Practices are uses and activities relating to the grovAng, harvesting and
                                  limited processing of timber. This includes, but is not limited to, (1) site
                                  preparation and regeneration; (2) protection from insects, fire and disease; (3)
                                  silviculture practices such as thinning, fertilization and release from competing
                                  vegetation; and (4) harvesting. Forest practices do not include log storage (see
                                  section on Industfial Activities). Timber cutting, alone, is not a development
                                  subject to a substantial development permit. However, road building or
                                  grading for landings or major fire trails are developments and may require
                                  substantial development permits (see Chapter 7 "Transportation"). Although
                                  some forest practices may not be developments or substantial developments, all
                                  forest practices are uses which must comply with the policies and regulations
                                  of the SNIP, including applicable conditional use and variance permit
                                  requirements.






                               --------------------- - -----




































                                  Chapter 7 - Forest Practices                                               Hm211










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                            Notes to Master Programmers

                            Forest practices are primarily regulated by the Department ofNatural
                            Resources through the Forest Practices Act and Regulations. TheForest
                            Practices Act, Chapter 76 09 RCW, substantially limits local government
                            authority to regulate forest practices. In Weyerhaeuser v. KiLIg Co., 91 Wn.
                            2d 721, 733 (19 79), the Washington State Supreme Court held that the Forest
                            Practices Act limitations do not apply to local government regulations
                            adopted under the Shoreline Management Act. So local governments can use
                            their shoreline master programs to manage and regulate forest practices
                            within shoreline jurisdiction.


                            Policies


                            1 . Timber harvesting practices should be conducted so as not to degrade
                                existing water quality, quantity and fish habitat and to avoid adverse
                                impacts to upland wildlife habitat.

                            2.  Logging should be avoided on shorelines with slopes of such grade and/or
                                soil type that would likely cause serious sediment runoff, unless adequate
                                restoration and erosion control can be expeditiously accomplished.

                            3.  Special attention should be directed in logging and thinning operations to
                                prevent the accumulation of slash and other debris in contiguous
                                waterways.

                            4.  Skid roads and fire trails should be located to minimize the disturbance to
                                shoreline resources. They should be rehabilitated as necessary to prevent
                                erosion and import of sediments into contiguous waterways.

                            5.  Shorelines having outstanding scenic views should be left in a substantially
                                natural condition. Timber harvest in such areas should be limited to
                                selective cutting which protects scenic views. Such scenic view areas
                                should be identified in the shoreline inventory.

                            6.  Timber harvest in unique and fragile areas should be prohibited. To the
                                extent possible, these areas should be identified in the shoreline inventory
                                or sensitive areas provisions.

                            7.  Reforestation in shorelines should be accomplished as quickly as possible.
                                Replanting or seeding should be done with native species common to the
                                area.






                            Chapter 7 - Forest Practices                                                 H-212









                                   SMY Handbook - 1994 Edition


                                   Regulations -- General

                                   1. All timber harvesting shall be done in compliance with the current rules and
                                      regulations adopted under the Forest Practices Act and the
                                      Timber/Fish/Wild life Agreement or their successor.

                                   2. Cutting in marshes, bogs and swamps is prohibited. Trees shall be
                                      directionally felled away from water, marshes, bogs and swamps. (See
                                      Forest Practice Regulations, WAC 222-16, for timber cutting in wetlands
                                      [adopted in 1992]).

                                   3. Except for snag removal required by the Department of Labor and
                                      Industries, all snags, nonmerchantable trees, down timber and understory
                                      vegetation within a minimum of 50 feet, measured horizontally, of the
                                      ordinary high water mark, or marshes, bogs and swamps shall be left intact.

                                   4. Buffer strips on steep slopes shall be protected by leaving stumps high
                                      enough to prevent any subsequently felled upslope trees from sliding or
                                      rolling into the strips.

                                   5. Wheeled and tractored equipment shall not be allowed within a minimum of
                                      50 feet of the ordinary high water mark and marshes, bogs or swampswith
                                      one exception. Should logs or debris enter the water, and removal be
                                      required by the Departments of Fisheries or Wildlife, equipment may be
                                      used as necessary. Local government shall be notified prior to action and
                                      impacts shall be restricted to the minimum area possible. Disturbed areas
                                      shall be stabilized as required in Regulation #7 below.

                                   6. Site preparation by burning shall be prohibited. Scarification piles are
                                      prohibited. Scarification shall not occur within 50 feet of marshes, bogs,
                                      swamps and the ordinary high water mark.

                                   7. Skid roads, fire trails, abandoned roads and other erosion-prone conditions
                                      caused by timber harvest operations shall be water-barred, as needed, on
                                      completion of the activity. Such areas within 50 feet of a water course or
                                      on slopes exceeding 40 percent shall also be replanted and stabilized, as
                                      necessary, within one year of harvest.

                                   8. Replanting or seeding required under the Forest Practice Rules and
                                      Regulations shall be accomplished within eighteen months of harvest.

                                   9. When timberland is to be converted to another use, such conversion shall
                                      be clearly indicated on the Forest Practice application. Failure to indicate
                                      the intent to convert the timberland to another use on the application will
                                      result in subsequent development proposals being reviewed as a
                                      conditional use. Such failure to declare intent to convert on the application


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                          SMP Handbook - 1994 Edition



                              shall provide adequate grounds for denial of subsequent development
                              proposals for a period of six years from date of Forest Practices application
                              approval (see RCW 76.09.060(3)(b)(i)). Timber harvest for conversion
                              purposes shall not be permitted until any required shoreline permits have
                              been issued for the proposed land divisions or intended subsequent uses.

                          10. Application of herbicides shall be prohibited within the riparian
                              management zone (RMZ) as determined on-site under the current Forest
                              Practices Rules.

                          11. Application of insecticides shall be allowed within the RMZ only by
                              conditional use. Permit application shall include documentation of the need
                              for insecticide and shoreline consequences of no application.

                          12. All shoreline development must conform to the General Provisions (see
                              Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                              stated in this master program.

                          Regulations -- Shorelines of State-wide
                          Significance

                          Commercial timber cutting within 200 feet of the ordinary high water mark
                          shall be by selective cutting and shall not exceed 30 percent of the
                          merchantable trees in any ten-year period. Remaining trees shall be distributed
                          evenly throughout the shoreline area and shall be representative of the size and
                          species distribution in the stand prior to cutting. Cutting methods other than
                          selective cutting shall be by conditional use permit and shall meet the following
                          additional criteria:


                          1.  Documentation that topography, soil conditions or silviculture practices
                              necessary for regeneration cause selective logging to be ecologically
                              detrimental.

                          2.  Other harvest methods which result in clear-cut patches or swaths are
                              prohibited within 75 feet of the ordinary high water mark, and shall average
                              no less than 100 feet from the OHWM. Documentation of the stocking
                              density of merchantable trees throughout the 200-foot shoreline area shall
                              be provided. This is necessary to show that proposed cutting will not
                              remove more than 30 percent of merchantable trees.

                              Note: When stocking densities are fairly uniform throughout the shoreline
                              area, the leave strip will generally be about 140feet deep measuredftom
                              the 0HUM and the cutting line will parallel the shoreline. Where
                              stocking densitiesfor a clear-cut proposal and topography vary, the




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                                  SMIP Handbook - 1994 Edition



                                      cutting line may meander to accommodate the 30 percentfigure as well as
                                      the appropriate logging system as long as it meets the requirements above.


                                  3.  Documentation that the remaining trees shall be representative of the size
                                      and species present in the stand prior to cutting shall be provided.

                                  4.  Cutting more than 30 percent of the merchantable trees is prohibited.

                                  5.  Within the remaining stand, all snags (except for snag removal required by
                                      the Department of Labor and Industries), nonmerchantable trees, down
                                      timber and understory vegetation shall be left intact.










































                                  Chapter 7 - Forest Practices                                              H-215









                          SW Handbook - 1994 Edition


                          Industry

                          Applicability

                          Industry located along the waterfront is typically thought of as port
                          development but can also include all types of non-water-oriented industrial
                          uses as well as other water-dependent and water-related uses and activities.
                          Ports are a specialized subcategory of general industrial uses.

                          Ports are centers for waterborne traffic and as such have become gravitational
                          points for industrial/manufacturing firms. The availability of a variety of
                          transportation options found in ports is particularly attractive to heavy industry
                          even though they may not specifically require a waterfront location. Because
                          of the impacts that such activities have on the shoreline environment, industry
                          and ports are both covered in this section.

                          Industrial developments are facilities for processing, manufacturing and storage
                          of finished or semifinished goods. Ports are public enterprises providing
                          services and facilities for waterborne commerce, airborne commerce and
                          industrial development dependent upon waterfront locations or attracted to a
                          port because of the variety of available transportation. Included in ports and
                          industry are such activities as container ship terminals, log storage, log rafting,
                          petroleum storage, hazardous waste generation, transport and storage, ship
                          building, concrete and asphalt batching, tug and barge operations, etc.
                          Excluded from this category and covered under other sections of the SNP are
                          boating facilities, piers and docks, mining (including on-site processing of raw
                          materials), utilities, solid waste disposal and transportation facilities.










                                         oil








                          Chapter 7 - Industry                                                      H-216








                                    SMT Handbook - 1994 Edition


                                    Activities associated with port and industrial development which are identified
                                    as separate use activities in this program, such as Dredging, Landfill,
                                    Transportation Facilities, Utilities, Piers and Docks, Bulkheads, Breakwaters,
                                    Jetties and Groins, Shoreline Stabilization and Flood Protection and Signs, are
                                    subject to the regulations established for those in addition to the provisions for
                                    ports and industry established in this section.


                                    Policies


                                    I .Regional and state-wide needs for industrial facilities should be carefully
                                       considered in reviewing new proposals as well as in allocating shorelines
                                       for such development. Such reviews or allocations should be coordinated
                                       with port districts, adjacent counties and cities and the state in order to
                                       minimize new industrial development which would unnecessarily duplicate
                                       under-utilized facilities elsewhere in the region or result in unnecessary
                                       adverse impacts on other jurisdictions.

                                    2. The few shoreline sites particularly suitable for development such as deep-
                                       water harbors adjacent to firm, dry and level land with access to adequate
                                       rail, highway and utility systems should be reserved for water-dependent or
                                       water-related industrial development compatible with other appropriate
                                       uses and adopted environmental standards.

                                    3. Expansion or redevelopment of existing legally established industrial areas,
                                       facilities and services with the possibility of incorporating mixed-use
                                       development should be encouraged over the addition and/or location of
                                       new or single-purpose industrial facilities.

                                    4. Joint use of piers, cargo handling, storage, parking and other accessory
                                       facilities among private or public entities should be strongly encouraged or
                                       required in waterfront industrial areas.

                                    5. Industrial development should not be located on sensitive and ecologically
                                       valuable shorelines such as natural accretion shoreforms, marshes, bogs,
                                       swamps or estuaries, wildlife habitat areas, nor on shores inherently
                                       hazardous for such development, such as flood-prone and erosion-prone
                                       areas and steep or unstable slopes.

                                    6. New industrial development should be required to provide physical and/or
                                       visual access to shorelines and visual access to facilities whenever possible
                                       and when such access does not cause significant interference with
                                       operations or hazards to life and property.

                                    7. Dry land log storage is preferred over water storage.



                                    Chapter 7 - Industry                                                         H-217









                          SM[P Handbook - 1994 Edition



                          8. Wherever practical and environmentally beneficial, paved log storage yards
                              should be encouraged over aggregate-surfaced yards to reduce waste
                              disposal problems and control and treat resultant runoff.

                          Regulations -- General

                          1 . Proposed industrial developments or major expansions shall be consistent
                              with an officially adopted comprehensive waterfront plan and/or long-range
                              port development plan if one exists, or, if not, be accompanied by a
                              regional feasibility analysis.

                          2.  Only water-dependent and water-related industries shall be permitted in the
                              shoreline jurisdiction.

                          3.  Water-dependent and/or water-related portions of industries shall locate in
                              legally established and existing, developed port and harbor areas and/or on
                              Department of Natural Resources - designated first class shorelands and
                              harbor areas whenever feasible. Proposed developments shall maximize the
                              use of legally established existing industrial facilities and avoid duplication
                              of pier and dock facilities before expanding into undeveloped areas or
                              building new facilities. Proposals for new industrial developments shall
                              demonstrate the need for expansion into an undeveloped area.

                          4.  New facilities for shallow draft shipping shall not be allowed to preempt
                              scarce deep draft port sites.

                          5.  Accessory development which does not require a shoreline location shall be
                              located upland of the water-dependent portions of the development and set
                              back from the OHWM as set forth in Chapter 6 Environment Designation;
                              this category includes parking, warehousing, open air storage, waste
                              storage and treatment or storm runoff control facilities, utilities and land
                              transportation development.

                          6.  Existing industrial development on shorelines which is neither water-
                              dependent nor water-related may be permitted as a conditional use to
                              expand inland from existing structures but not parallel to or waterward of
                              the OHWM. Waterward expansion of existing non-water-oriented industry
                              is prohibited.

                          7.  The developer must demonstrate that adequate consideration has been
                              given to and plans made to mitigate negative environmental impacts
                              including but not limited to air, water, aesthetics, noise pollution and the
                              loss of fish and wildlife habitat.






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                                     8. Water-dependent industry shall be located and designed to minimize the
                                        need for initial and/or continual dredging, filling, spoil disposal and other
                                        harbor and channel maintenance activities.

                                     9. Piers, moorage, slips, floats and launching facilities may be permitted
                                        accessory to industrial development, provided:

                                        a. The facility will serve a water-dependent or water-related use;

                                        b. The facility does not constitute a hazard to navigation; and

                                        c. All other provisions pertaining to these uses are met.

                                     10. Offshore facilities, floating docks and artificial islands for deep water port
                                        expansion shall not be permitted except by conditional use permit, provided
                                        it can be demonstrated that such development or expansion will not
                                        adversely impact the marine environment or diminish the natural
                                        productivity of the estuarine or aquatic system.

                                     11. Sewage treatment, water reclamation and desalinization plants may only be
                                        permitted by conditional use and shall be located where they do not
                                        interfere with and are compatible with recreational, residential or other
                                        public uses of the water and shorelands.

                                     12. Storage and/or disposal of industrial wastes is prohibited within shoreline
                                        jurisdiction, PROVIDED that waste water treatment systems may be
                                        allowed in shoreline jurisdiction only if alternate, inland areas have been
                                        adequately proven infeasible. A performance bond of at least 150 percent
                                        of the fair market value of the estimated cost of a cleanup or rehabilitation
                                        effort may be required.

                                     13. New or expanded facilities for water transport of bulk crude or other forms
                                        of petroleum in vessels over 125,000 dwt shall be prohibited within Puget
                                        Sound.

                                     14. At new or expanded port and/or industrial developments, the best available
                                        facilities practices and procedures shall be employed for the safe handling
                                        of fuels and toxic or hazardous materials to prevent them from entering the
                                        water and optimum means shall be employed for prompt and effective
                                        cleanup of those spills that do occur.

                                     15. Port authorities and industries are encouraged to recycle dredged material
                                        when feasible in areas suitable for disposal of such materials for
                                        agricultural, forestry storage, stockpiling or beautification purposes, with
                                        the intent of restoring natural vegetation or transfer for agricultural,
                                        forestry or landscaping purposes. Such materials may be spread on existing




                                     Chapter 7 - Industry                                                           H-219









                          SMEP Handbook - 1994 Edition


                              resource lands or may be used to create new agricultural resource land only
                              if it is demonstrated that spoils are not contaminated with heavy metals or
                              other toxins.

                          16. All shoreline development must conform to the General Provisions (see
                              Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                              stated in this master program.

                          Regulations -- Design

                          I . The determinations of which lands are best suited for water-
                              dependent/water-related industry shall be made on the basis of the
                              following location criteria:

                              a. Channel access;

                              b. Rail access;

                              c. Major road access;

                              d. Size of land area;

                              e. Physical characteristics of site (e.g. grade, soil type, hydrology, etc.);

                              f, Size of ownership units;

                              g. Present use and projected growth patterns; and

                              h. Environmental factors.


                          2.  All new or expanded upland industrial development shall be set back and
                              buffered from adjacent shoreline properties which are used for
                              nonindustrial purposes. Buffers shall be of adequate width, height and
                              plant and soil composition to protect shorelines and such other properties
                              from visual or noise intrusion, minimize erosion and protect water quality.
                              New or expanded industrial development shall be set back and buffered
                              from the shoreline (see Chapter 6) except those water-dependent portions
                              of the development which require direct access to the water or shoreline
                              and where any adverse impacts are minimized.

                          3.  Buffers shall not be used for storage of industrial equipment or materials,
                              nor for waste disposal, but may be used for outdoor recreation if consistent
                              vAth public access and other provisions of the SMP.






                          Chapter 7 - Industry                                                      11-220









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                                   4.  Onshore port and/or industrial development on marine shores (less than 20
                                       feet above mean sea level) shall be flood-proofed for protection against
                                       flood damage from storm tides and surges, and in consideration of long-
                                       term sea level rise.

                                   5.  Consistent with other provisions of this SW, ports and/or water-
                                       dependent industry shall provide public access to the shoreline and/or
                                       provide opportunities for public viewing of the industrial activity whenever
                                       feasible and safe.

                                   6.  Display and other exterior lighting shall be designed, shielded and operated
                                       to minimize glare, avoid illuminating nearby properties and prevent hazards
                                       for public traffic.

                                   7.  Stormwater BUTs shall be followed, see Ecology's Storm-water
                                       Management Manualfor the Puget Sound Basin.

                                   Regulations -- Log Storage

                                   I . Unpaved storage areas underlain by permeable soils shall have at least a 4-
                                       foot separation between the ground surface and the highest seasonal water
                                       table.

                                   2.  Berms, dikes, grassy swales, vegetated buffers, retention ponds or other
                                       means shall be used to ensure that surface runoff is collected and
                                       discharged fi7om the storage area at one point, if possible. It shall be
                                       demonstrated that State water quality standards and/or criteria will not be
                                       violated by such runoff under any conditions of flow leaving the site and
                                       entering into nearby water courses. If such demonstration is not possible,
                                       treatment facilities for runoff shall be provided, meeting State and Federal
                                       standards.

                                   3.  Offshore log storage, when allowed, shall be located where natural tidal or
                                       current flushing and water circulation is optimal to disperse polluting
                                       wastes.


                                   4.  Log storage shall not be permitted in public waters where water quality
                                       standards cannot be met at all times or where these activities are a
                                       hindrance to other beneficial water uses such as small craft navigation.

                                   5.  The free-fall, violent dumping of logs into water shall be prohibited. Easy
                                       let-down devices shall be employed for placing logs in the water.







                                   Chapter 7 - Industry                                                         H-221









                             SMIP Handbook - 1994 Edition



                             6. Positive bark and wood debris control, collection and disposal methods
                                shall be employed at log dumps, raft building areas and mill-side handling
                                zones. This shall be required for both floating and sinking particles.

                             7. Log dumps shall not be located in rapidly flowing waters or other water
                                zones where bark and debris controls cannot be effectively provided.
                             8. Bark and other debris shall be kept out of the water and immediately
                                removed if accidentally allowed to enter the water.

                             9. Logs shaR not be dumped, stored or rafted where grounding will occur.

                             10. Where water depths will permit the floating of bundled logs, they shall be
                                secured in bundles on land before being placed in the water. Bundles shaU
                                not be broken again except on land or at millside.

                             Regulations -- Ship and Boat Building
                             and Repair Yards

                             I .The yard shall employ best management practices (13NUs) concerning the
                                various services and activities they perform and their impacts on the
                                surrounding water quality. Standards for BNTs are found in Water
                                Quality Manual: Best Management Practices (see Chapter 19 for
                                complete references) and will be referred to in the following text as BNW.
                                The following are required:

                                a.  The yard shall be cleaned on a regular basis to n-dnimize loss of
                                    accumulated debris and sandblasting material to adjacent waters;

                                b.  Catch basins in the drainage system shall be inspected on a monthly
                                    basis and cleaned as necessary;

                                c.  Containers storing dangerous wastes or other liquid shall be placed
                                    inside a building. unless impractical due to site constraints. If placed
                                    outside, BNIP 1.50 (described in Part III) shall be used.

                                d.  Cleanup of spills shall begin immediately. No emulsifier or dispersant is
                                    to be used. Oil and hazardous spills are to be cleaned according to the
                                    Spill Prevention Control and Countermeasure Plan (BNT R.8 and Part
                                    V). Oil containment booms shall be available for immediate usage.

                                e.  Drip pans or other equivalent protective devices shall be required for all
                                    transfers of oil, solvents and paints and for paint mixing (BNT 1.30 in
                                    Part III).




                             Chapter 7 - Industry                                                           H-222









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                                      f.  Paints and solvents shall not be rnixed on floats.

                                      g.  Floatable and low-density waste such as wood, plastic, insulation, etc.
                                          shall be removed from the dry-dock floor prior to flooding or sinking,
                                          and from the marina railway carriage and ramp before launching. Large
                                          density items may remain in place when between the wing walls of the
                                          dry-dock.

                                      h.  To the degree feasible, dust and overspray shall be prevented from
                                          failing into the water during abrasive blasting and spray painting.
                                          Feasible methods include plastic barriers beneath the hull, between the
                                          hull and dry-dock wingwalls or plastic barriers hung from the flying
                                          bridge of the dry-dock, from the bow or stem of the vessel or from
                                          temporary structures erected for that purpose.

                                      i.  The bottom edge of the tarpaulins and plastic sheeting shafl be
                                          weighted during a light breeze. When sandblasting, plywood and/or
                                          plastic sheeting shall be used to cover openings and open areas between
                                          decks, including but not limited to scuppers, railings, freeing ports,
                                          ladders and doorways.

                                      j.  Prior to flooding of the dry-dock when a vessel is to be removed,
                                          accessible areas of the dry-dock are to be swept clean of debris. After
                                          a vessel has been removed and the dock raised, the remaining shall be
                                          cleaned.

                                      k.  Shipboard cooling and process water shall be directed so as to
                                          minimize contact with spent abrasive, paint and other debris. Dock
                                          hosing shall be minimized when debris is present. When hosing occurs,
                                          methods shall be incorporated to prevent accumulation of debris in the
                                          drainage system.

                                      1.  Leaking connections, valves, pipes, hoses and soil chutes carrying
                                          either water or waste water shall be replaced or repaired immediately.

                                      m.  Bilge and ballast water discharges shall not cause any visible sheen on
                                          receiving waters and shall not exceed an ofl and grease concentration of
                                          15 milligrams per liter.

                                      n.  Ballast water shall not be discharged to state waters if solvents,
                                          detergents, or other additives have been added unless a state water
                                          quality variance has been granted specific to that instance.

                                      o.  To the maximum extent practical, all activities are to be enclosed or
                                          covered. All interior drains shall discharge to the sanitary sewer under
                                          pretreatment conditions defined by Metro (BMP R.2 in Part V).




                                  Chapter 7 - Industry                                                       H-223









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                             p.  Above ground storage tanks shall incorporate BMPs to prevent
                                 contamination of surface and ground waters (BMP 1.40 in Part HI).

                             q.  Signs shall be painted on storm drain inlets to indicate that they are not
                                 to receive liquid or solid wastes.

                             r.  Businesses generating Dangerous Wastes shall properly segregate and
                                 dispose the wastes as required by Ecology (BMP RA in Part V).

                         2.  Mobile services shall abide by the applicable BMPs described above. Any
                             cleaning, surfacing or resurfacing operation occurring over water that may
                             result in the entry of debris such as paint chips, shall employ tarps
                             temporarily affixed to the hull above the water line. Prior to removing the
                             tarps, the accumulated contents shall be removed by vacuuming or an
                             equivalent method.















                                                                                   13


                                                              r7






















                          Chapter 7 - Industry                                                     H-224









                                      SW Handbook - 1994 Edition



                                      Instream Structures


                                      Applicability

                                      Instrearn structures function for the impoundment, diversion or use of water
                                      for hydroelectric generation and transm@ission (including both public and private
                                      facilities), flood control, irrigation, water supply (both domestic and industrial),
                                      recreational or fisheries enhancement. Both the structures themselves and their
                                      support facilities are covered by this section. This applies to their construction,
                                      operation and maintenance, as well as the expansion of existing strucWres and
                                      facilities.


                                      Policies


                                      1. Location and Design Features

                                         a.  Instrearn structures and associated facilities should provide for the
                                             protection and preservation of natural and cultural resources including,
                                             but not limited to, fish, wildlife and water resources, sensitive areas
                                             such as marshes, bogs and swamps, sensitive geologic and geohydraulic
                                             areas and waterfalls, erosion and accretion shoreforms and natural
                                             scenic vistas.

                                         b.  Careful consideration should be given to avoiding or minimizing land
                                             and water use conflicts to properties in shoreline jurisdiction and to
                                             properties both adjacent to, upstream and downstream of the proposed
                                             site.

                                         c.  Proposals for instrearn structures and associated facilities should give
                                             careful consideration to the design, location, security and construction
                                             of access roads, impoundment structures and reservoirs, penstocks and
                                             power houses to minimize adverse impacts to the shoreline and the
                                             surrounding area.

                                         d.  Applications for instrearn structures should clearly document the
                                             suitability of the proposed site for the specific type of development,
                                             including alternative locations. Such site suitability analysis should
                                             thoroughly consider the environmental effects of the proposed facilities
                                             at the primary site and at alternative sites.

                                         e. All diversion structures should be designed to permit natural transport
                                             of bed load materials.



                                      Chapter 7 - Instream Structures                                                H-225









                         SMIP Handbook - 1994 Edition



                              f   Instrearn structures and their support facilities should be designed to
                                  minimize removal of riparian vegetation and the necessity for massive
                                  shore defense structures.

                              g.  The expansion of legally existing hydroelectric facilities or the
                                  integration of hydroelectric facilities within existing flood control,
                                  irrigation or water supply facilities is preferred over the development of
                                  new facilities. When new sites are considered, sufficient evidence
                                  should be presented to demonstrate that existing facilities are fully
                                  utilized or are not practicably available.

                              h.  All non-water oriented facilities such as staging and storage areas,
                                  switching yards, utility transn-dssion lines and in many cases, power
                                  houses, should be located outside of shoreline jurisdiction. Where
                                  shoreline jurisdiction includes the entire I 00-year floodplain, non-
                                  water-oriented facilities should be located at least 200 feet landward of
                                  the OHWM.

                              i.  In determining the appropriateness of a stream or river for
                                  hydroelectric development, the recommendations and conclusions of
                                  the Northwest Power Planning Council (1988) or equivalent state-
                                  adopted site-ranking study should be considered.

                              j.  Nfitigation should be required for loss of fisheries and wildlife
                                  resources, natural systems including wetlands and sensitive areas. No
                                  net loss in function or value of acreage should occur as a result of
                                  instrearn structures. When required, mitigation measures should be
                                  properly planned and monitored to ensure their effectiveness.

                              k.  Documentation of water fight should be provided where applicable.

                              1.  Instrearn structures and associated facilities should be located and
                                  designed so they do not interfere with public navigation of the water
                                  course including commercial and recreational navigation. Such uses
                                  include barging, rafting, sailboarding, kayaking and canoeing.

                              m.  Instrearn structures and associated facilities should not be located
                                  where they will adversely impact publicly owned lands or waters used
                                  extensively for recreation. Impacts that should be avoided include the
                                  visual impact of the structure or facilities, the intrusion of roads or
                                  utility corridors into undeveloped area used for recreation, reduced
                                  water noise and significant visual impacts from reduced water flows.








                          Chapter 7 - Instream Structures                                            H-226









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                                     2. Public Access and Recreational Considerations

                                         a.  Instrearn structures should be designed and constructed to insure public
                                             access to and along the shoreline, in accordance with the public access
                                             policies and regulations contained in this SXT. Existing public access
                                             and recreational opportunities should be retained, enhanced or
                                             replaced.

                                         b.  Instream structures should provide trails and other access links as well
                                             as appropriate ancillary facilities, such as parking and sanitary facilities,
                                             etc., if recreational opportunity is created.

                                         c.  The nature, time, number of people and area open to public access
                                             should be regulated for the purposes of habitat protection and/or public
                                             safety.

                                     Regulations

                                     1. All permit applications shall contain, at a n-dnimum, the following:

                                         a.  A site suitability analysis which provides sufficient justification for the
                                             proposed site. The analysis must fully address alternative sites for the
                                             proposed development.

                                         b.  Proposed location and design of powerhouse, penstocks, accessory
                                             structures, utility corridors and access/service roads. Said locations
                                             shall be marked on the ground, and an on-site open public meeting may
                                             be required to facilitate public and other review and comments.

                                         c.  Provision for public access to and along the affected shoreline and
                                             proposed recreational features at the site, where applicable.

                                         d.  A plan which describes the extent and location of vegetation which is
                                             proposed to be removed to accommodate the proposed facifity, and any
                                             site revegetation plan required by this SNT.

                                         e.  A hydraulic analysis prepared by a licensed professional engineer which
                                             sufficiently describes the project's effects on strearnway hydraulics,
                                             including potential increases in base flood elevation, changes in stream
                                             velocity and the potential for redirection of the normal flow of the
                                             affected stream.

                                         f   Biological resource inventory and analysis which sufficiently describe
                                             the project's effects on fisheries and wildlife resources, prepared by a
                                             professional biologist.




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                              g.  Provision for erosion control, protection of water quality and fishery
                                  and wildlife resources during construction.

                              h.  Long-term management plans which describe, in sufficient detafl,
                                  provisions for protection of instrearn resources during construction and
                                  operation. The plan shall include means for monitoring its success.

                         2. Public Access Requirements - In addition to the general public access
                              requirements in Chapter 5 the folloNking apply:

                              a.  Instrearn structures may be required to provide public access, provided
                                  pubfic access improvements do not create additional adverse
                                  environmental impacts to and along the affected shoreline, nor create a
                                  safety hazard to the public. Public access provisions shall include, but
                                  not be limited to, any combination of trails, vistas, parking and any
                                  necessary sanitation facilities. Required public access sites shall be
                                  dedicated for public use through fee acquisition, or recorded easement.

                          3. Site Development

                              a. Erosion and Drainage Control

                                  i.  Temporary and emergency erosion control drainage measures, such
                                      as, but not firr@ited to, silt curtains, berms and stormwater catch
                                      basins shall be utilized during construction to prevent shoreline
                                      erosion and siltation of the water body.

                                  ii. Temporary erosion and drainage control devices may be removed
                                      f6flowing construction completion, provided that an approved
                                      erosion control and maintenance plan has been implemented by the
                                      contractor(s).

                                  iii. Materials adequate to immediately correct emergency erosion
                                      situations shall be maintained on-site.

                              b. Clearing/Excavation Management

                                  i.  All debris, overburden and other waste materials from construction
                                      shall be disposed of in such a manner as to prevent their entry into a
                                      water body by erosion, from drainage, high water or other
                                      vectoring mechanisms.

                                  ii. All disposal sites shall be identified by the developer or contractor
                                      prior to construction and shall be approved by appropriate local
                                      authorities.






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                                         c. Staging and Storage Areas

                                              i.  All heavy construction equipment as well as fuel storage and repair
                                                  areas shall be located greater than 200 feet from ordinary high
                                                  water.


                                              ii. Construction material staging areas shall be located greater than
                                                  200 feet from the ordinary high water mark, EXCEPT during
                                                  construction and assembly periods.

                                              iii. Service roads shall be of a size which is minimally necessary to
                                                  safely accomplish maintenance and repair of the facility, and shall be
                                                  designed and located to minimize vegetation removal and erosion
                                                  and sedimentation impacts.

                                              iv  Hazardous and/or toxic materials storage shall be prohibited within
                                                  shoreline jurisdiction and shall be prevented from entering the water
                                                  through accidental spillage at staging or storage areas located
                                                  outside immediate shoreline jurisdiction.

                                     4. Structural Development

                                         a. Powerhouses/penstocks

                                              i.  These shall be designed, located and constructed in such a manner
                                                  as to avoid extensive topographical alteration and to minimize or
                                                  avoid, as much as possible, impacts to the natural features of the
                                                  shoreline.

                                              ii. These structures shall be designed and located to minimize removal
                                                  of riparian vegetation and return flow to the stream in as short a
                                                  distance as possible.

                                              iii. Penstocks shall be designed, located and constructed so as to
                                                  present as low a profile as possible.

                                              iv. Facilities shall be located so as not to adversely impact sites having
                                                  historic, cultural, scientific or educational value, as identified by the
                                                  appropfiate authorities.

                                              v.  All diversion structures shall be designed to permit the natural
                                                  transport of bedload materials.

                                              vi. Powerhouses shall be located a minimum of 50 feet from the
                                                  OHWM, provided that this does not apply to raceways.





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                                      b. Improvements

                                           i.    On run-of-the-river developments, impoundments shall be located
                                                 in such a manner as to minimize impacts to natural scenic values.

                                           ii.   Subject to the approval of the appropriate state authority, instrearn
                                                 structures shall provide for adequate upstream and downstream
                                                 migration of anadromous fish, where applicable.

                                      c. Utility Transmission Lines

                                           i. Where practicable, transrn@ission lines shall be located underground.

                                           ii. Utilities and transmission lines shall be located so as to minin-dze
                                                 obstruction or degradation of a scenic view.

                                      d. Mitigation

                                           i.    Mitigation shall be required of the proponent for the loss of fish and
                                                 wildlife resources and natural systems including wetlands and
                                                 sensitive areas. The mitigation required shall be commensurate to
                                                 the value and type of resource or system lost. No net loss in
                                                 function, value or acreage shall occur from such development.

                                           ii.   Where mitigation for loss of natural systems and resources is
                                                 required, a mitigation plan shall be prepared by the proponent, and
                                                 subject to the approval of the Washington Department of Wildlife
                                                 and/or Fisheries, that details the objectives of the mitigation
                                                 activities.

                                            ifi. Mitigation activities shall be monitored to determine the
                                                 effectiveness of the mitigation plan. Monitoring shall be
                                                 accomplished by a third party, subject to the approval of the
                                                 City/County and shall have the concurrence of the Washington
                                                 Department of Wildlife and/or Fisheries. Results of monitoring
                                                 shall be publicly available.

                                            iv.  If mitigation is found to be ineffective, corrective action which
                                                 satisfies the mitigation objectives will be required of the proponent.

                                            v.   If the mitigation is found to be inadequate or if adequate mitigation
                                                 is determined to be impossible, then the application will be denied.

                                  5. All shoreline development must conform to the General Provisions (see
                                       Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                       stated in this master program.




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                                  Mining

                                  Applicability

                                  Mining is the removal and primary processing of naturally occurring materials
                                  from the earth for economic use. For purposes of this definition, "processing"
                                  includes screening, crushing, stockpiling, all of which utilize materials removed
                                  from the site where the processing activity is located. Mining activities also
                                  include in-water dredging activities related to mineral extraction. Processing
                                  does not include general manufacturing, such as the manufacture of molded or
                                  cast concrete or asphalt products, asphalt mixing operations, or concrete
                                  batching operations (see "Industry" for standards relating to these uses).


                                  Policies


                                  I . Mining should not be allowed in unique and fragile areas, in prime
                                      agricultural areas or on marine beaches.

                                  2.  All practical measures should be taken to protect water bodies from all
                                      sources of pollution, including but not limited to sedimentation and
                                      siltation, chemical and petrochemical use and spillage and storage or
                                      disposal of mining wastes and spoils. Maximum protection should be
                                      provided for anadromous fisheries resources.

                                  3.  Mining activities should allow the natural shoreline systems to function
                                      with a minimum of disruption during their operations and should return the
                                      site to as near natural a state as possible upon completion.

                                  4.  Mining operations should mirlin-dze adverse visual and noise impacts on
                                      surrounding shoreline areas.

                                  5.  Mining activities should be encouraged to locate outside shoreline
                                      jurisdiction.

                                  Regulations -- General

                                  1. Excavation of sand, gravel and other minerals shall be done in strict
                                      conformance to the Washington State Surface Mining Reclamation Act,
                                      Chapter 78.44 RCW, and applicable provisions of the City/County code.




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                         2. Nfining proposals shall provide the following information as part of an
                             application for a shoreline permit:

                             a.  Materials to be mined;

                             b.  Quantity of materials to be mined, by type;

                             c.  Quality of materials to be mined, by type. For certain minerals, a
                                 qualified geologist's evaluation may be required;

                             d.  Nfining technique and equipment to be utilized;

                             e.  Depth of overburden and proposed depth of mining;

                             f.  Lateral extent and depth of total mineral deposit;

                             g.  Cross section diagrams indicating present and proposed elevations
                                 and/or extraction levels;

                             h.  Existing drainage patterns, seasonal or continuous, and proposed
                                 alterations thereof including transport and deposition of sediment and
                                 channel changes that may result;

                             i.  Proposed means of controlling/handling surface runoff and preventing
                                 or minimizing erosion and sedimentation including impacts to banks
                                 both upstream and downstream of the excavation-,

                             j.  The location and sensitivity of any affected flood hazard areas and
                                 wetlands-,

                             k.  Subsurface water resources, aquifer recharge areas: origin, depth and
                                 extent;

                             1.  Quality analysis of overburden, excavation material and tailings with
                                 plans for storage, usage or disposition;

                             m.  Nfining plan and scheduling, including seasonal, phasing and daily
                                 operation schedules;

                             n.  Reclamation plan that meets the requirement of this chapter and, at a
                                 minimum, Chapter 78.44 RCW (for surface mining operations only);

                             o.  Screening, earthen berm buffering and/or fencing plans that meet the
                                 requirements of this master program; and

                             p.  Impacts to aquatic and riparian habitat.





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                                    3. Mning operations shall comply with all local, state and federal water
                                       quality standards and pollution control laws. Operations shall utilize
                                       effective techniques to prevent or minimize surface water runoff, erosion
                                       and sedimentation; prevent reduction of natural flows; protect all shoreline
                                       areas from acidic or toxic materials; and maintain the natural drainage
                                       courses of all streams. Surface water runoff shall be impounded as
                                       necessary to prevent accelerated runoff and erosion.

                                    4. Overburden, mining debris and tailings shall not be placed in water bodies
                                       or floodways and shall be stored and protected in such a manner so as to
                                       prevent or minim@ize erosion or seepage to surface and ground waters.

                                    5. Mining operations shall provide maximum protection for anadromous
                                       fisheries resources, including but not limited to limitations on the periods of
                                       the year during which mining activities may occur.

                                    6. If substantial evidence indicates that mining operations are causing, or
                                       continuation of operation would cause, significant adverse impacts to water
                                       quality or to the geohydraulic functioning of a river, the City/County may
                                       terminate the mining permit or impose further conditions on the mining
                                       operation.

                                    7. In no case shall mining operations impair lateral support and thereby result
                                       in earth movements extending beyond the boundaries of the site.

                                    8. Precautions shall be taken to insure that stagnant or standing water,
                                       especially that of a toxic or noxious nature, does not develop, and that
                                       flooding and evaporation will not lead to the stranding of fish in open pits.

                                    9. Scalping gravel from strearnway bars may be permitted as a conditional
                                       use. No more than one-half of the material may be removed in one mining
                                       season than will predictably be replaced by natural processes during the
                                       subsequent wet season.

                                    10. Excavation of sand, gravel and other minerals by the open pit method (not
                                       including the scalping of strearnway bars) is prohibited within floodways.

                                    11. All shoreline development must conform to the General Provisions (see
                                       Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                       stated in this master program.










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                           Regulations -- Setbacks and Buffers

                           1.  A minimum I 00-foot buffer of undisturbed soils and native vegetation shall
                               be maintained and/or planted between the mining site (including all
                               accessory facilities) and adjacent properties and abutting bodies of water or
                               wetlands, provided that the water body buffer requirement may be waived
                               for approved streamway bar scalping operations. If vegetative screening is
                               not possible, the City/County may require artificial screening or fencing to
                               suit the site, operations and shoreline area.

                           2.  Nfining activities, other than mining of river point-bar material, shall be set
                               back a sufficient distance from water bodies and wetlands to minin-dze
                               erosion, protect water quality from all possible sources of pollution and
                               preserve the natural vegetation and aesthetics of the shoreline environment.

                           3.  NEning equipment, works and structures shall be sited and stored as far
                               landward as feasible from the ordinary high water mark. Nfinimum
                               setbacks and buffer areas are established in Chapter 6, Environment
                               Designations. Any facilities located within the 100-year floodplain must be
                               able to withstand a 100-year flood without becoming hazardous.

                           Regulations -- Reclamation

                           I . Reclamation plans shall be submitted with each permit application and shall
                               provide for reclamation of the site into a use which is permitted by this
                               program and shall also indicate when reclamation shaU occur. See
                               Washington State Surface Mining Reclamation Act Chapter 78.44 RCW.

                           2.  In order to insure the future use and viability of shoreline areas subsequent
                               to mining activities, the reclamation plan shall include the following
                               provisions to be fulfilled within one year of completed mining operations:

                               a.  All equipment, machinery, buildings and structures not involved in
                                   reclamation activities shall be removed from the site. All equipment
                                   utilized for reclamation shall he removed from the site upon review and
                                   approval of the reclamation as required by state and local agencies.

                               b.  No stagnant or standing water shall be allowed to collect or remain
                                   except as provided in an approved site reclamation plan. Such areas
                                   shall be flood-proofed.

                               c.  Backfill material shall be of natural, compatible materials. Combustible,
                                   flammable, noxious, toxic or solid waste materials are prohibited as
                                   backfill.




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                                        d.  All overburden, waste and nontoxic material storage piles and areas
                                            shall either be leveled, sodded and planted or returned to the excavated
                                            area for reuse as backfill and subsequently sodded and planted.

                                        e.  The site shall be rehabilitated so as to prevent erosion and
                                            sedimentation during and after reclamation.

                                     3. Suitable drainage systems approved by the City/County engineer shall be
                                        installed and maintained if natural, gradual drainage is not possible. Such
                                        systems should collect, treat and release surface runoff, as close to original
                                        flow patterns as possible, and in such a manner as to prevent erosion and
                                        sedimentation.

                                     4. To the extent possible, topography of the site shall be restored to the
                                        contours existing prior to mining activity. Contours of the reclaimed site
                                        shall be compatible with the surrounding land and shoreline area.

                                     5. All banks, slopes and excavation areas containing unconsolidated materials
                                        shall be sloped to no steeper than 2-1/2 feet horizontal to 1 -foot vertical.
                                        All slopes shall be sodded or surfaced with appropriate soil to at least the
                                        depth of the surrounding, undisturbed soil and subsequently revegetated.

                                     6. All banks, slopes and excavated areas of consolidated material shall be
                                        sloped to no steeper than I -foot horizontal to 1 -foot vertical.

                                     7. Slopes of quarry walls shall not have a prescribed slope unless a hazardous
                                        condition is created, whereupon the quarry shall be backfilled and sloped
                                        according to General Regulation #6 above.

                                     8. Revegetation shall consist of compatible, native, self-sustaining trees,
                                        shrubs, legumes or grasses.

                                     9. All toxic and acid-forming mining refuse and materials shall be either
                                        treated so as to be nonpolluting prior to on-site disposal, or removed and
                                        properly disposed of away from shoreline areas.

                                     10. The amount of land and shoreline area being excavated or lying disturbed
                                        and unreclaimed at any time without simultaneous reclamation being
                                        undertaken shall not exceed 10 acres.














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                          Recreational Development

                          Applicability

                          Recreational development provides opportunities for the refreshment of body
                          and mind through forms of play, sports, relaxation, amusement or
                          contemplation. It includes facilities for passive recreational activities such as
                          hiking, photography, viewing and fishing. It also includes facilities for active or
                          more intensive uses such as parks, campgrounds, golf courses and other
                          outdoor recreation areas. This section applies to both publicly and privately
                          owned shoreline facilities intended for use by the public or a private club,
                          group, association or individual.


                          Notes to Master Programmers

                          Yhe recreational aspects common to each of these uses are identified and
                          addressed For example, a resort will probably contain characteristics of,
                          and he reviewed under, both the Commercial Development and the
                          Recreational Development sections. Primary activities such as boating
                          facilities, subdivisions, motels are not addressed directly in this category.

                          Uses and activities associated with recreational developments which are
                          identified as separate use activities in this program, such as Boating
                          Facilities; Piers and Docks; Residential Development and Commercial
                          Development, are subject to the regulations establishedfor those uses in
                          addition to the standardsfor recreation established in this section.


                          Policies


                          I . The coordination of local, state and federal recreation planning should be
                              encouraged so as to mutually satisfy recreational needs. Shoreline
                              recreational developments should be consistent with all adopted park,
                              recreation and open space plans.

                          2.  The location and design of shoreline recreational developments should
                              relate to local population characteristics, density and special activity
                              demands. Acquisition priorities should consider these needs demands and
                              special opportunities as well as public transit access and access for the
                              physically impaired, where planned or available.




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                                   3. Recreational developments and plans should promote the primacy of
                                       preserving the natural character, resources and ecology of shorelines of
                                       state-wide significance (see use preferences, Chapter 95.58.020 RCW).

                                   4.  Recreational developments should be located, designed and operated to be
                                       compatible with, and minimize adverse impacts on, environmental quality
                                       and valuable natural features as well as on adjacent and surrounding land
                                       and water uses. Favorable consideration should be given to proposals
                                       which compliment their environment and surrounding land and water uses,
                                       and which leave natural areas undisturbed and protected.

                                   5.  Shoreline areas with a potential for providing recreation or public access
                                       opportunities should be identified for this use and acquired by lease or
                                       purchase and incorporated into the public park and open space system.

                                   6.  A variety of compatible recreational experiences and activities should be
                                       encouraged to satisfy diverse recreational needs.

                                   7.  The concentration of recreation use pressure at a few points along the
                                       shoreline should be avoided by encouraging development of smaller,
                                       dispersed recreation areas.

                                   8.  The linkage of shoreline parks, recreation areas and public access points
                                       with linear systems, such as hiking paths, bicycle paths, easements and/or
                                       scenic drives, should be encouraged.

                                   9.  Recreational developments should be located and designed to preserve,
                                       enhance or create scenic views and vistas. Such scenic views should be
                                       identified in the shoreline inventory.

                                   10. Where appropriate, nonintensive recreational uses may be permitted in
                                       floodplain areas.

                                   11. Artificial marine life habitats should be encouraged in order to provide
                                       increased aquatic life for recreation. Such habitats should be constructed in
                                       areas of low habitat diversity and in consultation with the Department of
                                       Fisheries.

                                   12. The use of shoreline street ends and publicly owned lands for public access
                                       and development of recreational opportunities should be encouraged.

                                   13. The use of off-road vehicles should be prohibited in all shoreline areas
                                       EXCEPT where special areas have been set aside for this purpose, and then
                                       only if demand for such use and its location in shoreline areas can be
                                       sufficiently demonstrated through a CUP (see Chapter 6, Figure 6-2
                                       Shoreline Use and Modification Activity Matrix).




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                           14. The use ofjet skis and similar recreational equipment should be restricted
                               to special areas. This activity should be allowed only where no conflict
                               with other uses and wildlife habitat exists.

                           15. All recreational developments should make adequate provisions for:

                               a. Vehicular and pedestrian access, both on-site and off-site-,

                               b. Proper water supply and solid and sewage waste disposal methods;

                               c. Security and fire protection;

                               d. The prevention of overflow and trespass onto adjacent properties,
                                  including but not limited to landscaping, fencing and posting of
                                  property; and

                               e. Buffering of such development from adjacent private property or
                                  natural area.

                           16. Trails and pathways on steep shoreline bluffs should be located, designed
                               and maintained to protect bank stability.

                           Regulations -- General

                           1.  State and local health agencies have broad regulations which apply to
                               recreation facilities and ocean beaches which shall be consulted by local
                               governments when issuing permits (see WAC 173-16-060-2 1 (k)).

                           2.  Valuable shoreline resources and fragile or unique areas such as marshes,
                               bogs, swamps, estuaries and accretion beaches shall be used only for
                               nonintensive and nonstructural recreation activities.

                           3.  AJI permanent substantial recreational structures and facilities shall be
                               located outside officially mapped floodways provided the City/County may
                               grant administrative exceptions for nonintensive minor accessory uses (e.g.,
                               picnic tables, tennis courts, etc.).

                           4.  Substantial accessory use facilities, such as rest rooms, recreation halls and
                               gymnasiums, commercial services, access roads and parking areas shall be
                               setback from the OHWM unless it can be shown that such facilities are
                               essentially shoreline-dependent (see Chapter 6 for applicable setback
                               requirements). These areas may be linked to the shoreline by walkways.

                           5.  For recreation developments that require the use of fertilizers, pesticides or
                               other toxic chemicals, such as golf courses and play fields, the applicant
                               shall submit plans demonstrating the methods to be used to prevent these



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                                       applications and resultant leachate from entering adjacent water bodies.
                                       Buffer strips and, if practical, shade trees shall be included in the
                                       development. The City/County shall determine the maximum,%ridth
                                       necessary for buffer strips but in no case shall the buffer strip be less than
                                       25 feet. The developer shall also be required to leave a chen-dcal-free
                                       swath at least 100 feet in width next to water bodies and wetlands.

                                   6.  The use of time-release fertilizers and herbicides shall be preferred over
                                       liquid or concentrate application for lawns grown within shoreline
                                       jurisdiction.

                                   7.  Signs indicating the publics' right of access to shoreline areas shall be
                                       installed and maintained in conspicuous locations at the point of access and
                                       the entrance thereto.

                                   8.  All shoreline development must conform to the General Provisions (see
                                       Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                       stated in this master program.

                                   Regulations -- Design

                                   1 . In approving shoreline recreational developments, the City/County shall
                                       ensure that the development will maintain, enhance or restore desirable
                                       shoreline features including unique and fragile areas, scenic views and
                                       aesthetic values. To this end, the City/County may adjust and/or prescribe
                                       project dimensions, location of project components on the site, intensity of
                                       use, screening, parking requirements and setbacks, as deemed appropriate
                                       to achieve this intent.

                                   2.  Recreational developments shall provide facilities for nonmotorized access
                                       to the shoreline such as pedestrian and bicycle paths. Motorized vehicular
                                       access is prohibited on beaches, bars, spits and stream beds, EXCEPT for
                                       boat launching and maintenance activities.

                                   3.  To protect natural resources and adjacent properties, recreational facility
                                       design and operation shall prohibit the use of all-terrain and off-road
                                       vehicles in the shoreline area, EXCEPT where specific areas for such use
                                       are set aside and controlled, and then only when it can be demonstrated
                                       that demand is sufficient to warrant such activity.

                                   4.  Proposals for developments shall include a landscape plan that utilizes
                                       primarily native, self-sustaining vegetation. The removal of on-site native
                                       vegetation shall be limited to the minimum necessary for the development
                                       of campsites, selected view points or other permitted structures or facilities
                                       (see Chapter 5 "Clearing and Grading").



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                            5. No recreational buildings or structures shall be built over water, EXCEPT
                               water-dependent and/or public access structures such as piers, docks,
                               bridges or viewing platforms may be permitted as a CUP.

                            6. Proposals for recreational development shall include adequate facilities for
                               water supply, sewage and garbage disposal. Where sewage treatment
                               facilities are not available, the appropriate reviewing authority shall limit
                               the intensity of development to meet city, county and state on-site sewage
                               disposal requirements.

                            7. Underwater parks and artificial reefs established in cooperation with state
                               agencies shall include safety provisions to warn boating traffic of their
                               location.


                            8. Artificial reefs shall not contain materials toxic or otherwise hazardous to
                               humans or fish and wildlife.

                            9. Recreational facilities shall make adequate provisions, such as screening,
                               buffer strips, fences and signs, to prevent overflow and to protect the value
                               and enjoyment of adjacent or nearby private properties and natural areas.

                            Notes to Master Programmers

                            Often goffcourses are proposed in proximity to shorelines of state-wide
                            significance, as defined in the Shoreline Management Act. Goff course
                            proponents and developers often perceive the shoreline location as an amenity
                            enhancing the attractiveness of goff courses. In the past, goff courses were
                            generally viewed as park-like and environmentally benign, relative to other
                            land use. More recently the negative environmental impacts ofgoff course
                            development and operation have become widely recognized and studied Most
                            often these include ground and surface water contamination with chemical
                            fertilizers and biocides, and destruction of wildlife habitat. Public access to
                            shorelines may also be lost or significantly reduced Man of these impacts
                                                                                          Y
                            can be eliminated or minimized through appropriate design, development and
                            management.

                            Goff course design, construction and maintenance, along with all other
                            recreational development, is subject to the General Goals setforth in this
                            document. Impacts should not negatively effect the natural character,
                            resources, or ecology of the shoreline, or public access to shorelines of the
                            state or shorelines of state-wide significance. On degraded shorelines, where
                            significant components of native riparian vegetahon have been eliminated
                            andlor where banks are eroding due to loss of vegetation, bank and riparian
                            enhancement should be included in the goff course design. The chemical
                            management of goff courses should also be addressed in specific policies.



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                                   Regulations -- Golf Courses

                                   I  Golf courses are a conditional use of shorelines, requiring both shoreline
                                      conditional use and substantial development permits.

                                   2. Golf courses shall be designed with 100-foot setbacks from the ordinary
                                      high water mark (OHWM), as measured on a horizontal plane, for all tees,
                                      greens and fairways.

                                   3. Along shorelines of state-wide significance, fairways, tees and greens shall
                                      be set back 200 feet from the OWFM. Roughs may extend to within 100
                                      feet of the OHWK as measured on a horizontal plane.

                                   4. Non-water-oriented structures associated with golf courses, such as
                                      clubhouses and maintenance buildings, shall be set back 100 feet from
                                      OHWM.

                                   5. Golf course fairways shall not cross streams which are within SMA
                                      jurisdiction. Courses which are proposed to occupy both sides of such
                                      streams should be designed to minimize bridge crossings.

                                   6. Degraded shorelines (as defined in the General Policies section) shall be
                                      revegetated with native grasses, forbs and woody species representative of
                                      undisturbed riparian communities in the immediate area, or those in the
                                      same or similar ecological zones. This revegetation shall occur in, but not
                                      be limited to, the 100-foot setback area.

                                   7. Snags and living trees (i.e. large cottonwoods) shall not be removed within
                                      the I 00-foot (5 0-foot in urban environments) setback unless a professional
                                      forester and the Washington Department of Wildlife area biologist have
                                      determined them to be extreme hazards and likely to faU into a fairway, tee
                                      or green. Snags and living trees within the setback which do not present an
                                      extreme hazard shall be retained.

                                   8. Golf cart routing shall be set back 200 feet from the OWM unless
                                      combined with a public access trail system. If golf cart routing is combined
                                      with public access trails, it shall be located no closer than 100 feet from the
                                      OHWK as measured on a horizontal plane.

                                   9. Water hazards and stormwater drainage basins shall be managed for
                                      wildlife, through appropriate plantings.

                                   10. Wildlife resting or feeding on golf courses located within SMA jurisdiction
                                      shall not be harassed. Signs reminding users of this shall be posted as
                                      needed.





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                         11. A chen-dcal management plan designed to eliminate the possibility of
                             damage to riparian vegetation, wildlife, surface and ground water quality
                             shall be prepared and implemented for golf courses located in SMA
                             jurisdiction.

                          12. Broadleaf and broad spectrum (capable of killing all vegetation) herbicides
                             shall be used only for spot application with wicking or small spray
                             equipment on noxious weeds on the applicable (insert name of City/County
                             noxious weed list) within the 200-foot setback. Hand and mechanical
                             control of noxious weeds shall be encouraged in the chemical management
                             plan. All other applicable local, state and federal regulations and label
                             requirements shall be adhered to in the use of such chemicals.

                          13. Public access for passive dispersed recreation (as defined in the General
                             Goals) shall be provided within SMAjurisdiction.









                          'j























                                           JAI,
















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                                  SW Handbook - 1994 Edition



                                  Residential Development

                                  Applicability

                                  Residential development means one or more buildings, structures, lots, parcels
                                  or portions thereof which are designed for and used or intended to be used to
                                  provide a place of abode for human beings, including single-family residences,
                                  duplexes, other detached dwellings, floating homes, multi-family residences,
                                  apartments, townhouses, mobile home parks, other similar group housing,
                                  condominiums, subdivisions and short subdivisions, together with accessory
                                  uses and structures normally applicable to residential uses including but not
                                  lim@ited to garages, sheds, tennis courts, swimming pools, parking areas, fences,
                                  cabanas, saunas and guest cottages. Residential development does not include
                                  hotels, motels or any other type of overnight or transient housing or camping
                                  facilities.


                                  Notes to Master Programmers

                                  The popularity of waierftont property along our marine, river and lake shores
                                  isincreasing. Impacts of clearing and grading onftagile riparian habitats
                                  and shorelines, septic systems on water quality and leaching and runoffftom
                                  lawn and garden chemical applications have a cumulative impact on our
                                  shorelines and associated water bodies. A Ithough an owner-occupied single-
                                  family residence is exempiftom the substantial development permit process, it
                                  still must comply with all of the provisions of this section and of the master
                                  program. Subdivisions and short subdivisions must also comply with all of
                                  the provisions of this section and the master program. All development is
                                  subject to the variance and conditional use requirements andpermit process,
                                  when indicated


                                  Uses andfacilifies associated with residential development which are
                                  identified as separate use activities in this program, such as Boating
                                  Facilities, Piers and Docks, Bulkheads, Shoreline Stabilization and Flood
                                  Protection, Utilities, Landfill and Clearing and grading, are subject to the
                                  regulations establishedfor those uses in addition to any special conditions
                                  relating to residential areas established in this section. The General
                                  Provisions (Chapter 5) and Environment Designation Provisions (Chapter 6)
                                  also apply.






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                          Exemptions

                          Although a substantial development permit is not required for construction
                          within shoreline jurisdiction by an owner, lessee or contract purchaser of a
                          single-family residence for his own use or the use of his family, such
                          construction and all normal appurtenant structures must otherwise conform to
                          this master program. An "appurtenant" means a structure that is necessarily
                          connected to the use and enjoyment of a single-family residence and includes a
                          garage, deck, driveway, utilities, fences and grading which does not exceed
                          250 cubic yards (see WAC 173-14-040 (1g)).


                          Notes to Master Programmers

                          Each jurisdiction can establish an expanded list of local "normal
                          appurtenances" with supporting documentation.


                          The Sho reline Management Act exempts from the requirement to obtain a
                          substantial development permit the construction of any structure with a fair
                          market value less than $2,500. Although these structures are exempt from
                          obtaining a substantial development permit, compliance with the provisions,
                          prohibitions, regulations and development standards of this program is still
                          required and may include variance and conditional use permits. Developments
                          other than a single-family residence including multi-family residential
                          development, all subdivisions, floating homes and nonexempt accessory
                          structures are required to obtain a substantial development permit.


                          Policies


                          I . Residential development should be permitted only where there are
                              adequate provisions for utilities, circulation and access.

                          2.  Residential development should be prohibited in environmentally sensitive
                              areas including but not limited to marshes, bogs and swamps, steep bluffs,
                              floodways, etc.

                          3.  The overall density of development, lot coverage and height of structures
                              should be appropriate to the physical capabilities of the site.

                          4.  Recognizing the single purpose, irreversible and space consumptive nature
                              of shoreline residential development, new development should provide
                              adequate setbacks and natural buffers from the water and ample open space
                              among structures to provide space for outdoor recreation, protect natural
                              features, preserve views and minimize use conflicts.



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                                    5. Adequate provisions should be made for protection of ground water
                                       supplies, erosion control, drainage systems, aquatic and wildlife habitat,
                                       preservation of geohydraulic processes and open space.

                                    6. Residential development should be designed so as to preserve existing
                                       shoreline vegetation, control erosion and protect water quality, shoreline
                                       aesthetic characteristics, views and normal public use of the shoreline and
                                       the water.

                                    7. Residential developments should provide dedicated and improved public
                                       access to the shoreline in a manner which is appropriate to the site and the
                                       nature and size of the development (see Chapter 5 "Public Access").

                                    8. New residential development and accessory uses should be prohibited
                                       over water, in marshes, bogs or swamps, in floodways and in geologic
                                       hazard areas.

                                    9. New residential development should be encouraged to cluster dwelling
                                       units in order to preserve natural features, minin-dze physical impacts and
                                       reduce utility and road costs.

                                    10. Residential development should not cause significant adverse impacts to or
                                       result in the displacement of other nearby shoreline uses including but not
                                       limited to forestry, agriculture, aquaculture or recreation.

                                    11. 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 separated ftorn sewage disposal
                                       systems.

                                    12. Preference should be given to joint-use community piers and docks (in lieu
                                       of individual piers and docks for each waterfront lot) in all new
                                       subdivisions and planned residential developments. Joint-use shoreline
                                       facilities should be encouraged (including piers and docks, stair towers and
                                       other facilities).

                                    13. Structures or other developments accessory to residential uses should be
                                       designed and located to blend into the site as much as possible. Accessory
                                       use and structures should be located landward of the principal residence.











                                    Chapter 7 - Residential Development                                        H-245









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                          Regulations -- Location and Design

                          1.  Residential development shall not be approved where flood control,
                              shoreline protection measures or bulkheading will be required to create
                              residential lots or site area. Residential development shall be located and
                              designed to avoid the need for structural shore defense and flood
                              protection works in the foreseeable future.

                          2.  If marshes, bogs, swamps or other unique and fragile features are located
                              on a development site, clustering (or similar design) of residential units
                              shall be required in order to avoid any development in such areas.

                          3.  All residential structures, accessory uses and facilities shall be arranged and
                              designed so as to preserve views and vistas to and from shorelines and
                              water bodies and be compatible with the aesthetic values of the area.

                          4.  Storm drainage and treatment facilities shall be required by the City/County
                              for proposals involving five or more dwellings, drainage facilities shall be
                              separate from sewage disposal and transport facilities and shall include
                              provisions to prevent uncontrolled and untreated direct entry of surface
                              water runoff into adjacent waters. Storm drainage facilities may include,
                              but not be limited to retention ponds, vegetated swales and artificial
                              wetlands, PROVIDED no adverse impacts to the receiving existing
                              wetlands would occur.

                          5.  Prior to issuance of a building permit, plat or short plat or other shoreline
                              development approval, the developer shall submit adequate plans for
                              preservation of shore vegetation and for control of erosion during and after
                              construction, resulting in permanent shoreline stabilization. Such plans
                              shall be a part of the shoreline permit, if one is required.

                          6.  All shoreline development must conform to the General Provisions (see
                              Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                              stated in this master program.

                          Prohibited

                          8.  Residential development shall be prohibited within floodways, marshes,
                              bogs and swamps and within other hazardous areas such as steep slopes
                              and areas with unstable soils or geologic conditions.

                          9.  New residential structures and accessory structures shall be prohibited over
                              water or floating on the water.






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                                    Regulations -- Common-Line Setback Standards

                                    I .Residential development shall meet the standards established in Chapter 6,
                                       Environment Designations, except as provided in Regulation #2 below.

                                    2. For the purpose of accommodating shoreline views in developed residential
                                       areas, setbacks for residential structures established in Chapter 6 (Figure 6-
                                       3 Use-related Development Standards) may be reduced in the Urban,
                                       Suburban and Rural environments (only), consistent with the following:

                                       a.  Where there are existing (legally nonconforming) residences that
                                           encroach on the established setback within 50 feet of either side of the
                                           proposed building site, the required setback of the proposed structure
                                           may be reduced by review and approval of the Administrator. In such
                                           cases, proposed residential structures may be set back (from OHWM)
                                           common to the average of the setbacks of the existing adjacent
                                           residences (see Figure 7-1).

                                       b.  In those instances where only one existing nonconforming single family
                                           residence is within 50 feet of the proposed building site, the setback of
                                           the proposed structure may be reduced (with approval of the
                                           Administrator) to the average of the setbacks for the existing adjacent
                                           residence and the applicable setback for the adjacent vacant parcel (see
                                           Figure 7-1).

                                       c.  In no case shall the reduced setbacks applied above be less than 15 feet
                                           landward of the OHWM (see Figure 7- 1).

                                       d.  Any further setback reduction beyond that allowed in this section shall
                                           require approval of a shoreline variance permit.

                                    Regulations -- Public Access

                                    I .Subdivisions and planned unit developments of five or more waterfront
                                       lots/units shall dedicate, improve and provide maintenance provisions for a
                                       pedestrian easement which provides area sufficient to ensure usable access
                                       to and along the shoreline for all residents of the development and the
                                       general public. When required, public access easements shall be a
                                       minimum of 25 feet in width and shall be in compliance with public access
                                       standards contained herein (see Chapter 5, "Public Access").








                                    Chapter 7 - Residential Development                                           H-247









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                                                                                                      Existing NOn-COLiforming
                                                                                                      House      F-I
                                                                       Proposed I I.ouse.<--RoofLiae
                                                                              F]
                                 Existing Non-conforming                                              Imaginary Line Used to
                                 House                                                                Determine Setback
                                                                                         15' minimum



                                                                          S hore I ine (0. H. W. M.)













                                                                       Proposed I louse                Vacant

                                                                                        <--RoofLux



                                  Existing Non-conforming
                                  House                                                               Imaginary Line Used to
                                                                                                      Determine Setback
                                            _F_
                                                                           Shoreline (O.H.W.M.)







                                Figure 7-1. "Common-line" Setback Adjustments for Residential Development
















                                Chapter 7 - Residential Development                                                           H-248









                                   SW Handbook - 1994 Edition


                                   Regulations -- Accessory Uses

                                   See also regulations pertaining to bulkheads, shore defense works and piers
                                   and docks.


                                   I . Accessory uses that are not appurtenant structures shall be reasonable in
                                       size and purpose and compatible with on-site and adjacent structures, uses
                                       and natural features (see WAC 173-14-040(2)).

                                   2.  No accessory structure except swimming pools shall cover more than 150
                                       square feet.

                                   3.  New residential subdivision or planned developments containing five or
                                       more waterfront lots, as part of plat approval, shall provide for resident
                                       access to and a location for a joint-use community pier or dock. In the
                                       event any pier or dock facility is provided within a residential waterfront
                                       development, only one joint-use facility shall be constructed. This
                                       condition of approval with required access easements and dedications shall
                                       be identified on the face of the plat. In addition, the community dock
                                       easement shall be recorded with the County Auditor. Where community
                                       dock facilities are provided with plat approval, single-use docks and piers
                                       serving individual waterfront lots shall be prohibited.

                                   4.  Accessory structures which are not water-dependent are prohibited
                                       waterward of the principal residence.

                                   Regulations -- Floating Homes (where permitted)

                                   I . Nfinimum area for an individual floating home moorage shall be 2,000
                                       square feet.

                                   2.  Floating homes shall not cover in excess of 1,200 square feet of water area,
                                       inclusive of float, decks and roof overhang; and shall not exceed 18 feet in
                                       height.

                                   3.  Floating homes shall be connected to an approved sanitary sewer or other
                                       approved upland waste disposal system to ensure compliance with state
                                       water quality standards. Such connection shall convey all gray water (i.e.
                                       galley, bath and shower wastewater) and black water (i.e., sewage)
                                       discharges resulting from floating home operation. All overboard
                                       discharge of wastewater from floating houses is prohibited. -

                                   4. Floating homes shall be located only in marinas, within areas specifically
                                       designated as floating home moorage.




                                   Chapter 7 - Residential Development                                        H-249










                         SNT Handbook - 1994 Edition



                         5.  In order to preserve shallow water habitat, floating homes shall be located
                             so as to maintain at least 5 feet of water (depth) between the float and the
                             underlying bedlands at low water.

                         6.  Floating homes shall be prohibited in or adjacent to Natural and
                             Conservancy environment designations.

                         7.  Floating homes shall also be subject to the applicable regulations for docks
                             and floats.

                         8.  Floating homes shall comply with Hydraulic Project Approval
                             requirements.

                         9.  Floating home moorages existing prior to the effective date of this master
                             program, that do not meet the above regulations, shall have three years
                             from the effective date of these SIVIP amendments to comply with the
                             subject floating home regulations.


                         Notes to Master Programmers

                         Over-water residential use is not a preferred shoreline use and is to be
                         discouraged throughout the state (see WAC 173-16-060(8)(d)). Existing over-
                         water residential use, however, may be allowed to continue in certain
                         locations due to demonstrated historic use and where water quality standards
                         arefully complied with. Where existing over-water residential use is allowed
                         to continue in a particular location, careful consideration must be given to
                         insuring that other water-dependent uses are not unreasonably displaced by
                         such use, that adequate protection of water quality andfish and wildlife
                         habitat is provided, and that the rights of navigation, public access and safety
                         are protected Existingfloating homes should be allowed only in very specific
                         and defilned shoreline locations.



















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                                   SW Hmdbook - 1994 Edition



                                   Transportation Facilities

                                   Applicability

                                   Transportation facilities are those structures and developments that aid in land
                                   and water surface movement of people, goods and services. They include roads
                                   and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry
                                   terminals, float plane terminals, heliports and other related facilities.


                                   Notes to Master Programmers

                                   7he various transportfacilities that can impact the shoreline cut across all
                                   environmental designations and all specific use categories. nepoliciesand
                                   regulations identified in this section pertain to any project, within any
                                   environment, that is effecting some change in present transportation facilities.


                                   Policies


                                   1.  New roads, railroads and bridges in shoreline jurisdiction should be
                                       minimized, and allowed only when related to and necessary for the support
                                       of permitted shoreline activities. Major new highways, freeways and/or
                                       railways should be located out of shoreline jurisdiction.

                                   2.  Road and railroad locations should be planned to fit the topographical
                                       characteristics of the shoreline such that minimum alteration of natural
                                       conditions results. New transportation facilities should be located and
                                       designed to minimize the need for shoreline protection measures and
                                       minimize the need to modify natural drainage systems. The number of
                                       waterway crossings should be limited to the maximum extent possible.

                                   3.  Trail and bicycle paths should be encouraged along shorelines where they
                                       are compatible with the natural character, resources and ecology of the
                                       shoreline.


                                   4.  When existing transportation corridors are abandoned they should be
                                       reused for water-dependent use or public access.

                                   5.  Joint use of transportation corridors within shoreline jurisdiction for roads,
                                       utilities and motorized forms of transportation should be encouraged.





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                         6.  Abandoned or unused road or railroad rights-of-way which offer
                             opportunities for public access to the water should be acquired and/or
                             retained for such use.

                         7.  All debris, overburden and other waste materials from transport facility
                             construction should be handled, contained and disposed of in a manner
                             which prevents their entry into adjacent water bodies.

                         Regulations -- General

                         I . Transportation facilities and services shall utilize existing transportation
                             corridors whenever possible, provided that facility additions and
                             modifications will not adversely impact shoreline resources and are
                             otherwise consistent with this program. If expansion of the existing
                             corridor will result in significant adverse impacts, then a less disruptive
                             alternative shall be utilized.

                         2.  Transportation and primary utility facilities shall be required to make joint
                             use of rights-of-way and to consolidate crossings of water bodies where
                             adverse impact to the shoreline can be minimized by doing so.

                         3.  Landfills for transportation facility development are prohibited in water
                             bodies, marshes, bogs and swamps and on accretion beaches, EXCEPT
                             when all structural and upland alternatives have been proven infeasible and
                             the transportation facilities are necessary to support uses consistent with
                             this program, such landfill may be permitted as a CUP.

                         4. The following regulation applies to shoreline road ends:

                             a.  RCW 37.79.035 and RCW 35.87.130 prohibits the City/County from
                                 vacating any City/County road which abuts a body of salt or fresh
                                 water unless the street or road is not currently used or suitable for boat
                                 moorage or launching site or for a park, viewpoint, recreation,
                                 education or other public purposes (see RCW legal procedure to vacate
                                 streets).

                         5. All shoreline development must conform to the General Provisions (see
                             Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                             stated in this master program.










                         Chapter 7 - Transportation Facilities                                     H-252









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                                   Regulations -- Location and Design

                                   I .Major new highways, ffeeways and railways shall be located outside
                                      shoreline jurisdiction, EXCEPT where water crossing is required. These
                                      roads shall cross shoreline areas and water bodies by the shortest, most
                                      direct route feasible unless such route would cause more damage to the
                                      environment.

                                   2. New transportation facilities shall be located and designed to prevent or
                                      minimize the need for shoreline protective measures such as riprap or other
                                      bank stabilization, landfill, bulkheads, groins, jetties or substantial site
                                      grading. Transportation facilities allowed to cross over water bodies,
                                      marshes, bogs and swamps shall utilize elevated, open pfle or pier
                                      structures whenever feasible. All bridges must be built high enough to
                                      allow the passage of debris and provide 3 feet of freeboard above the 100-
                                      year flood level.

                                   3. Shoreline transportation facilities shall be sited and designed to avoid steep
                                      or unstable areas and fit the existing topography in order to minin-dze cuts
                                      and fills.

                                   4. Cut and fill slopes shall be designed at the normal angle of repose or less.

                                   5. Cut, fill and sidecast slopes shall be protected from erosion by mulching,
                                      seeding, compacting, riprapping, benching or other suitable means.

                                   6. Transportation corridors shall, if possible, be located parallel to existing
                                      surface drainage flow.

                                   7. Waterway crossing shall be designed to provide minimal disturbance to
                                      banks.

                                   8. Roads and railroads shall be located to minimize the need for routing
                                      surface waters into and through culverts.

                                   9. Culverts and similar devices shall be designed with regard to the 50-year
                                      storm frequencies.

                                   10. Culverts shall be located so as to avoid relocation of the stream channel.

                                   11. Bridges, crossings, debris grates, culverts and similar devices used by fish
                                      shall meet all requirements set by the State Department of Fisheries and
                                      Wildlife.








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                           12. All transportation facilities shall be designed, constructed and maintained to
                               contain and control all debris, overburden, runoff, erosion and sediment
                               generated from the affected areas. Relief culverts and diversion ditches
                               shall not discharge onto erodible soils, fills or side cast materials.

                           13. Bridge abutments and necessary approach fills shall be located landward of
                               wetlands or the OHWM for water bodies without wetlands, PROVIDED
                               bridge piers may be permitted in a water body as a conditional use.

                           14. Any soil or debris accidentally placed in a water channel during bridge
                               construction shall be immediately removed by approved methods. All
                               exposed soils shall be stabilized and revegetate following completion of
                               construction.

                           15. Both commercial and individual private float plane and heliport facility
                               services shall conform to FAA standards, which include fuel, oil spill clean
                               up, safety and fire fighting equipment and vehicle and pedestrian
                               separation.

                           Prohibited

                           16. Transportation facilities are prohibited in:

                               a. hazardous areas such as steep slopes or areas with soils subject to
                                  severe erosion or landslides;

                               b. front of feeder bluffs, over driftways or on accretion shorefon-ns; or in

                               c. areas where river channel direction and alignment is subject to change.

                           17. Roads, railroads and other transportation facilities are prohibited over
                               water, EXCEPT to serve water-dependent or public uses consistent with
                               this program when inland alternatives are infeasible, including unavoidable
                               water crossings.

                           Regulations -- Setbacks

                           1. Except where water crossing is necessary, roads, railroads and other
                               transportation facilities permitted shall be located landward of

                               a. estuaries and their wetlands-,

                               b. erosion or accretion shoreforms and associated drift sectors and
                                   backshore marshes; and

                               c. officially designated fish, shellfish and wildlife habitats.



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                                   2.  All roads and railroads, if permitted parallel to shoreline areas, shall be
                                       adequately setback from water bodies (see Chapter 6) and shall provide
                                       buffer areas of compatible, self-sustaining vegetation. Shoreline scenic
                                       drives and viewpoints may provide breaks periodically in the vegetative
                                       buffer to allow open views of the water.

                                   Regulations -- Construction and Maintenance

                                   1 . Overburden, debris and other waste materials from both construction and
                                       maintenance activities, including drainage ditch clearing, shall not be
                                       deposited into or sidecast on the shoreline side of roads or in water bodies
                                       wetlands, estuaries, tidelands, accretion beaches and other unique natural
                                       areas. Such materials shall be deposited in stable locations where reentry
                                       and erosion into such areas is prevented.

                                   2.  All shoreline areas disturbed by facility construction and maintenance shall
                                       be replanted and stabilized with compatible, self-sustaining vegetation by
                                       seeding, mulching or other effective means immediately upon completion
                                       of the construction or maintenance activity. Such vegetation shall be
                                       maintained until established by the agency or developer constructing or
                                       maintaining the road.

                                   3.  The City/County shall give preference to mechanical means rather than the
                                       use of herbicides for roadside brush control on City/County roads in
                                       shoreline jurisdiction. If the situation requires the use of herbicides, they
                                       shall be applied to noxious weeds only, so that chemicals do not enter
                                       adjacent water bodies or damage or kill beneficial native shoreline
                                       vegetation.

                                   4.  No machinery shall operate within a stream bed except in compliance with
                                       a hydraulics permit issued by the Washington State Department of Fisheries
                                       and/or Washington State Department of Wildlife.

                                   5.  The following design and construction methods shall be followed for road
                                       building during forestry operations and/or other low technology road
                                       construction: (See also Forest Practice Regulations, Chapter 222-24
                                       WAC.)

                                       a.  Roads shall be designed to minimize the number of waterway crossings
                                           and avoid unnecessary duplication of road systems by making
                                           maximum use of existing rights-of-way. Where roads traverse land in
                                           another ownership, but could adequately serve the operation, attempts
                                           shall be made to negotiate with the owner for use of such roads before
                                           constructing new roads




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                                               b.    Running surface widths shall be kept to a minimurr@ not exceeding 26
                                                     feet for two-lane roads and not more'than 20 feet for single-lane roads.

                                               c.    All culverts shall be adequate in size and design to carry the maximum
                                                     anticipated flow and shall be kept clear of obstructions. The minimum
                                                     size for culverts shall be 15 inches in diameter.


                                               d.    Embankment fills shall:

                                                     i.    be constructed and compacted in layers no more than 2 feet thick;

                                                     H.    consist of inorganic material with no buried slash or debris beneath
                                                           the running surface; and

                                                     iii.  not encroach upon a 100-year floodplain so as to reduce its storage
                                                           capacity or disturb riparian vegetation.

                                               e.    End-haul construction is required whenever side casting would deposit
                                                     materials within a I 00-year floodplain.

                                               f     All bridges shall be high enough to allow all anticipated debris and high
                                                     water flows to pass freely beneath.

                                               g.    Where aggregate earthen materials are used for paving or accumulate
                                                     on bridges, curbs shall be installed when necessary to contain the
                                                     surface materials.

                                               h.    At least one end of each stringer bridge shall be secured to prevent it
                                                     from being washed away during high water.












                                                                                                                                                         0 0 ego














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                                     Utilities (Primary)

                                     Applicability

                                     Utilities are services and facilities that produce, transmit, carry, store, process
                                     or dispose of electric power, gas, water, sewage, communications, oil and the
                                     like. The provisions in this section apply to primary use and activities such as
                                     solid waste handling and disposal, sewage treatment plants and outfalls, public
                                     high-tension utility lines on public property or easements, power generating or
                                     transfer facilities, gas distribution lines and storage facilities. See Chapter 5,
                                     "Utilities" for on-site accessory use utilities.

                                     Solid waste disposal means the discharge, deposit, injection, dumping, spilling,
                                     leaking or placing of any solid or hazardous waste on any land area on or in the
                                     water.


                                     Solid waste includes all putrescible and nonputrescible solid and semisolid
                                     wastes, -including garbage, rubbish, ashes, industfial wastes, wood wastes and
                                     sort yard wastes associated with commercial logging activities, swill,
                                     demolition and construction wastes, abandoned vehicles and parts of vehicles,
                                     household appliances and other discarded commodities. Sofid waste does not
                                     include sewage, dredge material or agricultural or other commercial logging
                                     wastes not specifically listed above (see Chapter 7 "Landfill", "Dredging",
                                     "Forest Management" and "Agriculture").


                                     Policies


                                     1 . Utilities should utilize existing transportation and utility sites, fights-of-way
                                         and corfidors whenever possible, rather than creating new corridors. Joint
                                         use of fights-of-way and corridors should be encouraged.

                                     2.  Utilities should be prohibited in marshes, bogs and swamps, estuaries,
                                         critical wildlife areas or other unique and fragile areas unless no feasible
                                         alternatives exist.

                                     3.  New utifity facilities should be located so as not to require extensive
                                         shoreline protection works.

                                     4.  Utility facilities and corridors should be located so as to protect scenic
                                         views. Whenever possible, such facilities should be placed underground or
                                         alongside or under bridges.




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                            5. Utility facilities and rights-of-way should be designed to preserve the                                10
                                natural landscape and to minimize conflicts with present and planned land
                                uses.


                            6. Solid waste disposal activities and facilities should be prohibited in
                                shoreline areas.


                            Regulations -- General

                            1. Applications for installation of utility facilities shaH include the following:

                                a.   Description of the proposed facilities;

                                b.   Reason(s) why the utility facility requires a shoreline location;

                                c.   Alternative locations considered and reasons for their elimination;

                                d.   Location of other utility facilities in the vicinity of the proposed project
                                     and any plans to include the facilities of other types of utilities in the
                                     project;

                                e.   Plans for reclamation of areas disturbed both during construction and
                                     following decommissioning and/or completion of the primary utility's
                                     useful life;

                                f.   Plans for control of erosion and turbidity during construction and
                                     operation; and

                                g.   Identification of any possibility for locating the proposed facifity at
                                     another existing utility facility site or within an existing utility right-of-
                                     way.

                            2.  Utility development shall, through coordination with local government
                                agencies, provide for compatible, multiple use of sites and rights-of-way.
                                Such uses include shoreline access points, trail systems and other forms of
                                recreation and transportation, providing such uses will not unduly interfere
                                with utility operations, endanger public health and safety or create a
                                significant and disproportionate liability for the owner..

                            3.  Utility lines shall utilize existing rights-of-way, corridors and/or bridge
                                crossings whenever possible and shall avoid duplication and construction of
                                new or parallel corridors in all shoreline areas. Proposals for new corridors
                                or water crossings must fully substantiate the infeasibility of existing
                                routes.






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                                   4.  Existing solid waste disposal and transfer facilities shall be expeditiously
                                       phased out and rehabilitated.

                                   5.  The following utility facilities, which are not essentially water-dependent,
                                       are prohibited in shoreline jurisdiction unless authorized by conditional use
                                       permit and where it can be shown that no alternatives exists:

                                       a. water system treatment plants;

                                       b. sewage system lines, interceptors, pump stations and treatment plants,

                                       c. electrical energy generating plants (except for instrearn structures),
                                          substations, lines and cables-,

                                       d. petroleum and gas pipelines; and

                                   6.  New solid waste disposal sites and facilities are prohibited.

                                   7.  All shoreline development must conform to the General Provisions (see
                                       Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                       stated in this master program.

                                   Regulations -- Location and Design

                                   1.  New utility lines including electricity, communications and fuel lines shall
                                       be located underground, except where the presence of bedrock or other
                                       obstructions make such placement infeasible. Existing above ground lines
                                       shall be moved underground during normal replacement processes.

                                   2.  Transmission and distribution facilities shall cross areas of shoreline
                                       jurisdiction by the shortest, most direct route feasible, unless such route
                                       would cause significant environmental damage.

                                   3.  Utility facilities requiring withdrawal of water from streams or rivers shall
                                       be located only where minimum flows as established by the Washington
                                       Department of Fisheries can be maintained.

                                   4.  Utility developments shall be located and designated so as to avoid or
                                       minimize the use of any structural or artificial shore defense or flood
                                       protection works.

                                   5.  Where major facilities must be placed in a shoreline area, the location and
                                       design shall be chosen so as not to destroy or obstruct scenic views.






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                            SMT Handbook - 1994 Edition



                            6. Utility development shall utilize required setback areas (see Chapter 6) to
                               provide screening of facilities from water bodies and adjacent properties.
                               Type of screening required shall be determined by the City/County on a
                               case-by-case basis.

                            7. Underground (or water) utility lines shall be completely buried under the
                               river bed in all river or stream crossings EXCEPT where such lines can be
                               affixed to a bridge structure and EXCEPT for appropriate water or sewage
                               treatment plant intake pipes or outfalls.

                            8. All underwater pipelines transporting liquids intrinsically harmful to aquatic
                               fife or potentially injurious to water quality are prohibited, unless no other
                               alternative exists. In those limited instances when permitted by conditional
                               use, automatic shut-off valves shall be provided on both sides of the water
                               body.      -

                            9. Construction of utilities under water or in adjacent wetlands shall be timed
                               to avoid fish migratory and spawning periods.

                            10. Landfilling in shoreline jurisdiction for utility facility or line development
                               purposes is prohibited. Permitted crossings shall utilize pier or open pile
                               techniques.

                            11. Power generating facilities must comply with all provisions stated in this
                               master program (see Chapter 7 "Instream Structures").

                            12. Power generating facilities shall be a conditional use in all shoreline
                               environments.

                            13. Clearing of vegetation for the installation or maintenance of utilities shall
                               be kept to a minimum and upon project completion any disturbed areas
                               shall be restored to their preproject condition.



















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                                    CHAPTER 8
                                    Shoreline Modification
                                    Activity Policies &
                                    Regulations


                                    Introduction


                                    Background and Purpose

                                    Shoreline modification activities, referred to in this Handbook as "activities"
                                    are those actions that modify the physical configuration or qualities of the
                                    shoreline area. Typically, activities are related to construction of a physical
                                    element such as a dike, breakwater, dredged basins, landfill, etc., but they can
                                    include other actions such as clearing, grading, application of chemicals, etc.
                                    Shoreline modification activities usually are undertaken in support of or in
                                    preparation for a shoreline "use." For example, landfill (activity) required for a
                                    cargo terminal (industrial use) or dredging (activity) to allow for a marina
                                    (boating facility use). A single use may require several different shoreline
                                    modification activities. For example, a marina and boatyard development may
                                    involve a breakwater, dredging, clearing and grading and landfill.




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                          Activity policies and regulations are intended to prevent or mitigate the
                          negative environmental impacts of proposed shoreline modification consistent
                          with the goals of the SMA. A proposed development must meet all of the
                          regulations for both applicable uses and activities as well as the general and
                          environment designation regulations. Speculative shoreline modifications not
                          tied to or required for a specific proposed use are generally prohibited in
                          shoreline management.

                          The distinction between shoreline uses and modification activities has proven a
                          useful one because uses generally are ongoing and the policies and regulations
                          related to them must deal with functional relationships inherent in the
                          individual uses. Activities represent a physical alteration of the shoreline so
                          activity regulations deal with physical impacts.

                          In the 1992 session, the Legislature amended RCW 90.58.100(6) to require
                          that shoreline master programs include standards for the protection of single
                          family residences and appurtenant structures from damage or loss due to
                          shoreline erosion. The standards are to govern decisions on substantial
                          development perrnits for bulkheads and nonstructural. methods of erosion
                          protection. The standards must provide for shoreline erosion protection
                          methods which achieve effective and timely protection against damage to
                          single family residences and appurtenant structures. The standards must
                          include a preference for measures to protect single family residences occupied
                          before January 1, 1992 where the proposed erosion control measure is
                          designed to minin-dze harm to the natural shoreline environment. The
                          Legislature apparently wants uniform standards for erosion protection. It is
                          important to note that the provisions of 90.58.100(6) are principles local
                          governments must use in developing shorefine master program amendments,
                          not standards for reviewing individual permits or exemptions.

                          If bulkheads or other measures to protect single family residences and their
                          appurtenant structures from shoreline erosion require substantial development
                          perrnits, local governments must expeditiously process the permit application.
                          The public comment period is reduced from 30 to 20 days. The local
                          government must decide whether to approve or deny the substantial
                          development permit within 21 days of the last day of the public comment
                          period. The local government must send a copy of the permit decision to
                          anyone who requests a copy within 2 days of the decision. Any local
                          goverrunent appeals must be decided within 30 days. These requirements are
                          contained in RCW 90.58.140(13)(a). These requirements only apply to
                          substantial development permits. Conditional use permits and variances must
                          follow the generally applicable time periods in RCW 90.58.140(4).

                          Ecology is responding to the law in three ways. First, Ecology is conducting a
                          three year study of marine shoreline erosion and methods of controlling
                          erosion. This study was requested by Thurston, Pierce and Mason counties.



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                                   This study also responds to the legislative direction to develop master program
                                   standards. The study is funded by a special grant from the National Oceanic
                                   and Atmospheric Administration (NOAA) under the Coastal Zone
                                   Management Act. Contractors have been hired and the study is underway.
                                   For more information on this study or to get on the study newsletter mailing
                                   list, please contact Doug Canning or Hugh Shipman, Shorelands and Coastal
                                   Zone Management Prograrn, Washington Department of Ecology, P. 0. Box
                                   47600, Olympia, WA 98504-7689. Doug Canning's number is (206) 407-
                                   678 1. Hugh Shipman's number is (206) 407-6780.

                                   Second, when the study is complete, Ecology will develop recommended
                                   standards. Ecology does not recommend that local governments adopt any
                                   new standards until the study is complete in 1995.

                                   Third, Ecology will develop regulations implementing this change in the
                                   Shoreline Management Act.

                                   Local governments should do the following:


                                   1. Process permits for erosion control for single family dwellings
                                      expeditiously.

                                      RCW 90.58.030(3)(e)(ii) and WAC 197-14-040(l)(c) exempt normal
                                      protective bulkheads common to single family dwellings from the
                                      requirement to obtain a shoreline permit. These exempt bulkheads must
                                      still comply with the requirements in WAC 197-14-040(l)(c) and local
                                      government shoreline master programs. A bulkhead can comply with these
                                      requirements and protect appurtenant structures when the bulkhead is
                                      needed to protect a single family residence, the bulkhead is located at or
                                      near the ordinary high water mark, and the appurtenant structures are
                                      located near the single family residence.

                                      However, if a bulkhead or other erosion control measure to protect a single
                                      family residence or appurtenant structure requires a substantial
                                      development permit because it is not exempt, the local government must
                                      follow the expedited permit processing procedures in RCW
                                      90.58.140(13)(a) and summarized above. These requirements supersede
                                      the time limits in local government shoreline master programs and were
                                      effective on July 11, 1992.

                                   2. Adopt new single family and appurtenant structure erosion protection
                                      standards when the study is done. Ecology will prepare model standards.
                                      After the standards are prepared, local governments must amend their
                                      master programs to include the standards with appropriate changes to
                                      account for local needs.





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                           SMP Handbook - 1994 Edition



                           Format and Contents

                           The format for the shoreline modification activities section parallels that of the
                           use provisions, namely:


                               ï¿½   Applicability Statement: Defining terms and describing the conditions
                                   and activities under which the provisions apply.

                               ï¿½   Policies: Setting broad guidelines on which regulations are based.
                                   These should be written to assist in the interpretation of the regulations.

                               ï¿½   Regulations: Definitive development standards describing the physical
                                   and procedural requirements to which the applicable activity must
                                   conform.
















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                           Chapter 8 - Shoreline Modification Activities                                    H-264









                                  SMIP Handbook - 1994 Edition


                                  Model Language

                                  Below is presented sample language for a typical SMP shoreline modification
                                  activities section. Local governments are encouraged to modify the sample
                                  provisions as appropriate to fit their particular conditions.


                                  General Shoreline
                                  Modification Provisions


                                  Applicability

                                  Shoreline stabilization and flood protection are actions taken primarily to
                                  address erosion impacts to upland property and improvements caused or
                                  associated with current, flood, wake or wave action. These actions include
                                  structural and nonstructural methods including but not limited to: riprap,
                                  bulkheads, jetties, groins, beach nourishment and bioengineering/vegetative
                                  management methods. These provisions should be used for all shoreline
                                  modifications activities whether such proposals address a single property or
                                  multiple properties. Flood hazard management activities should also be
                                  reviewed under the provisions of the Flood Hazard Management section of
                                  Chapter 7, Shoreline Use Policies and Regulations.


                                  Policies


                                  I . Riprapping and other bank stabilization measures should be located,
                                      designed and constructed primarily to prevent damage to existing
                                      development.   All new development should be located and designed to
                                      prevent or minirnize the need for shoreline stabilization measures and flood
                                      protection works. New development requiring shoreline stabilization
                                      should be discouraged.

                                  2.  Stabilization and protection works which are more compatible with
                                      ongoing shore processes and more flexible for long-term strearnway
                                      management and more natural in appearance such as vegetative
                                      stabilization should be encouraged over structural means such as concrete
                                      revetments or extensive riprap.





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                          SMEP Handbook - 1994 Edition



                          3.  Structural solutions to reduce shoreline damage should be allowed only
                              after it is demonstrated that nonstructural solutions would not be able to
                              reduce the damage.

                          4.  Use of car bodies, demolition debris, concrete rubble, scrap building
                              equipment or appliances for shoreline stabilization should be prohibited.

                          5.  Substantial stream channel direction modifications, realignment and/or
                              straightening should be discouraged as a means of shoreline stabilization
                              and flood protection.

                          6.  The design of stabilization or protection works should provide for the long
                              term multiple use of strearnway resources and public access to public
                              shorelines. In the design of publicly financed or subsidized works,
                              consideration should be given to providing public pedestrian access to
                              shorelines for low-intensity outdoor recreation.

                          7.  Natural features such as snags, stumps or uprooted trees which support
                              fish and other aquatic systems, should be left undisturbed.

                          8.  Shorelines existing in their natural state should be preserved in their
                              natural state, free of shoreline modification.

                          9.  All flood protection measures should be placed landward of the natural
                              floodway boundary, including marshes, bogs and swamps which are
                              associated with the water body proper.

                          10. Beach restoration/enhancement using naturally regenerating systems for the
                              prevention and control of beach erosion should be required rather than
                              bulkheads and other structures where:

                              a.  The length and configuration of the beach will accommodate such
                                  systems;

                              b.  Such protection is a reasonable solution to the needs of the specific
                                  site; and

                              c.  Beach rest oration/enhancement will accomplish one or more of the
                                  following objectives:

                                  i. Recreate or enhance natural shoreline conditions;

                                  ii. Create or enhance natural habitat;

                                  iii. Reverse otherwise erosion prone conditions;

                                  iv. Enhance access to the shoreline, especially to public shorelines.



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                                   Regulations

                                   I . All applicable federal and state permits shall be obtained and complied with
                                       in the construction and operation of shoreline stabilization and flood
                                       protection works.

                                   2.  All new development activities shall be located and designed to prevent or
                                       minimize the need for shoreline stabilization and flood protection works,
                                       such as bulkheads, riprap, landfills, levees, dikes, groins, jetties, or
                                       substantial site grading.

                                   3.  The City/County shall require and utilize the fal-lowing information, in
                                       addition to the standard permit information requirements contained in
                                       WAC 173-14-110, during its review of shoreline stabilization and flood
                                       protection proposals:

                                       a.  Purpose of project;

                                       b.  Hydraulic characteristics of the shore within 1/2 mile on each side of
                                           the proposed project;

                                       c.  Existing shoreline stabilization and flood protection devices within 1/2
                                           mile on each side of the proposed project-,

                                       d.  Construction material and methods-,

                                       e.  Physical, geological and/or soil characteristics of the area;

                                       f   Predicted impact upon area shore and hydraulic processes, adjacent
                                           properties, shoreline and water uses; and

                                       g.  Alternative measures (including nonstructural) which will achieve the
                                           same purpose.

                                   4.  The City/County shall require and utilize the following information, in
                                       addition to the standard permit information requirements contained in
                                       WAC 173-14-110, in its review of all shoreline modification proposals:

                                       a. Construction materials (e.g. type, dimensions, design);

                                       b. Method of construction (e.g. source of backfill, erosion controls);

                                       c. Location of project relative to toe and crest of uplands and upland
                                           structures;







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                              d. For marine waters: the ordinary high water mark, mean higher high
                                 and extreme high water levels such as the highest recorded level or the
                                 100-year flood elevation. For freshwater: the ordinary high water
                                 mark of the I 00-year flood level.

                              e. Net direction of littoral drift changes and tidal currents (if any),-

                              f. General direction and speed of prevailing winds;

                              g. Profile rendition of beach and uplands;

                              h. Beach type, slope and material;

                              i. Uplands type, slope and material;

                              j. Soil types (S.C.S.);

                              k. Physical or geologic stability of uplands; and

                              1. Potential impact upon area shore processes, adjacent properties and
                                 upland stability.

                         5.   Shoreline stabilization and flood protection measures shall not be designed
                              and constructed in such a manner as to result in increased channelization of
                              normal stream flows.

                         6.   River and stream channel direction modification, realignment and
                              straightening are prohibited unless they are essential to uses that are
                              consistent with this program and the only feasible method available.

                         7.   Flood control diking shall be landward of the floodway (100-year
                              frequency) and any marshes, bogs, swamps, associated or directly
                              interrelated and interdependent with the river.

                         8.   Upon project completion, all disturbed shoreline areas shall be restored to
                              as near preproject configuration as possible and replanted with native
                              grasses, shrubs, and/or trees in keeping with existing bank vegetation. If
                              native species cannot be obtained, acceptable substitutes may be used for
                              stabilization purposes.

                         9.   Shoreline stabilization and flood protection works are prohibited in
                              wetlands and on point and channel bars. They are also prohibited in
                              salmon and trout spawning areas except for fish or wildlife habitat
                              enhancement.

                         10. Dikes and levees shall be limited in size to the height required to protect
                              adjacent lands from the predictable annual flood.



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                                   11. The City/County shall require dedication and improvement of linear public
                                      access along new dikes when it determines such access to be in the public
                                      interest.

                                   12. Use of car bodies, scrap building materials, asphalt from street work, or
                                      any discarded pieces of equipment or appliances for the stabilization of
                                      shorelines shall be prohibited.

                                   13. All shoreline modification activities (or state the particular, e.g.
                                      breakwaters) must be in support of an allowable shoreline use that is in
                                      conformance with the provisions of this master program. All shoreline
                                      modification activities not in support of a conforming allowable use are
                                      prohibited, unless it can be demonstrated that such activities are necessary
                                      and in the public interest for the maintenance of shoreline environmental
                                      resource values.

                                   14. All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program.













                                                                   J.























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                           SMP Handbook - 1994 Edition



                           Shoreline Stabilization

                           The following shoreline stabilization methods are organized from "soft" to
                           "hard". The use of "soft" methods is the preferred "best practices" choice
                           when considering shoreline stabilization.

                           Policies and regulations are included for the following shoreline stabilization
                           measures:



                           1. Beach Restoration and Enhancement

                           2. Bioengineering

                           3. Revetments (Riprap)

                           4. Bulkheads


                           5. Breakwaters, Jetties, Rock Weirs and Groins

                           6. Dikes and Levees


































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                                   Beach Restoration and Enhancement


                                   Applicability
                                   Beach enhancement is the alteration of terrestrial and tidal shorelines along
                                   with submerged shorelines for the purpose of stabilization, recreational
                                   enhancement, and aquatic habitat creation or restoration using native or similar
                                   material. The materials used are dependent on the intended use. For
                                   recreation purposes various grades of clean sand or pea gravel is often used to
                                   create a beach. To restore or recreate a shore feature or an underwater aquatic
                                   environment such as a reef may require a rock matrix and/or combination of
                                   other materials appropriate for the intended environment.


                                   Policies

                                   I . All beach enhancement projects should ensure that aquatic habitats, water
                                       quality and flood holding capacity are not degraded by the action.

                                   2.  Where possible, choose self maintaining enhancement designs over those
                                       dependent on regular maintenance.

                                   3.  Require supplementary beach nourishment where structural stabilization
                                       works are likely to increase impoverishment of existing beach materials at
                                       or downdrift from the project site.

                                   4.  Beach enhancement should not extend waterward more than necessary to
                                       achieve the intended results.

                                   Regulations

                                   I . Beach enhancement may be permitted when the applicant has demonstrated
                                       that no significant change in littoral drift or river currents will result which
                                       will adversely affect adjacent properties or habitat.

                                   2.  Natural Beach Restoration/Enhancement

                                       a. Design Alternatives. Design alternatives shall include the best available
                                          technology such as, but not limited to:

                                          i. Gravel berms, drift sills, beach nourishment and beach enhancement
                                              when appropriate-,

                                          ii. Planting with short-term mechanical assistance, when appropriate.
                                              All plantings provided shall be maintained.




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                               b. Design Criteria. Natural beach restoration/enhancement shall not-

                                   L   Detrimentally interrupt littoral drift, or redirect waves, current or
                                       sediments to other shorelines;

                                   fi. Result in any exposed groin-like structures; Provided: small "drift
                                       sill" groins may be used as a means of stabilizing restored sediment
                                       where part of a well planned beach restoration program;

                                   iii. Extend waterward more than the minimum amount necessary to
                                       achieve the desired stabilization;

                                   iv. Create "additional dry land"; and

                                   v.  Disturb significant amounts of valuable shallow water fish/wildlife
                                       habitat without appropriate mitigation of the impacts.

                               c. Natural Beach Restoration Construction Standards.


                                   i.  The size and/or mix of new materials to be added to a beach shall
                                       be as similar as possible to that of the natural beach sediment, but
                                       large enough to resist normal current, wake or wave action at the
                                       site.

                                   ii. The restored beach shall approximate, and may slightly exceed, the
                                       natural beach width, height, bulk or profile (but not as much as to
                                       obviously create additional dry land);

                            3. Beach enhancement is prohibited within spawning, nesting or breeding
                               habitat that would be adversely effected by it and also where littoral drift of
                               the enhancement materials adversely effects adjacent spawning grounds or
                               other areas of biological significance.

                            4. Beach enhancement is prohibited if it significantly interferes with the
                               normal public use of the navigable waters of the state without proper
                               mitigation of the identified impacts.

                            5. All shoreline modification activities shall be in support of a shoreline use
                               that is in conformance with the provisions of this master program unless it
                               can be demonstrated that such activities are necessary and in the public
                               interest for the maintenance of shoreline environmental resources.


                            6. AH shoreline modification activities must conform, to the General
                               provisions (see Chapter 5) and the Environment Designation Provisions
                               (see Chapter 6) stated in this master program.





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                                     Bioengineering

                                     Applicability
                                     Bioengineering is the term given to the practice of using natural vegetative
                                     materials to stabilize shorelines and prevent erosion. This may include use of
                                     bundles of stems, root systems, or other living plant material; soft gabions,
                                     fabric or other soil stabilization techniques; and limited rock toe protection
                                     where appropriate. Bioengineering projects often include fisheries habitat
                                     enhancement measures such as anchored logs or root wads in project design.
                                     Such techniques may be applied to creeks, rivers, lakes, reservoirs, and marine
                                     waters. Bioengineering may also be applied in upland areas away from the
                                     immediate shoreline.

                                     The use of bioengineering as a shoreline stabilization technique is seen as an
                                     alternative to riprap, concrete and other structural solutions. It provides
                                     habitat while maintaining and preserving the natural character of the shoreline.
                                     Bioengineering is the preferred "best practices" choice when considering
                                     shoreline stabilization. Combining bioengineering techniques with armored
                                     revetments is also encouraged over singularly employing riprap or other types
                                     of armored revetment. Many jurisdictions are considering enhancement of
                                     existing riprap shorelines to restore lost riparian/shoreline habitat and public
                                     values.


                                     Policies

                                     1.  All bioengineering projects should ensure that water quality, fish and
                                         wildlife habitats and flood holding capacity are not degraded.
                                         Bioengineering projects should be designed and scheduled to minin-Lize
                                         impacts to natural resources and to optimize survival of new plantings.

                                     2.  Whenever possible, the design of bioengineering projects should
                                         incorporate self-maintaining vegetation and materials over those requiring
                                         routine maintenance.

                                     3.  Bioengineering projects should extend no further waterward than is
                                         necessary to achieve intended results.

                                     4.  Shoreline stabilization through bioengineering should use native vegetation
                                         wherever possible.

                                     5.  Bioengineering projects should include buffers, fencing and/or other
                                         measures to avoid disturbance of the project site by livestock and vehicles.





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                           6. Structural soil stabilization components including riprap, should be kept to
                              a minimum in such projects and designed to last only until vegetation is
                              well established. Bioengineering projects do not typically rely on long-term
                              structural (bank hardening) measures.

                           7. Bioengineering projects should follow recommended best management
                              practices for establishing/restoring vegetation in shoreline and riparian
                              areas. Guidance from the Soil Conservation Service, the State
                              Departments of Wildlife, Fisheries, and Ecology and local Conservation
                              Districts should be considered in project designs.

                           Regulations

                           I .The City/County shall require and utilize the following information, in
                              addition to the standard pern-dt information requirements contained in
                              WAC 173-14-110, in its review of all bioengineering projects.

                              a.  proposed timing of all construction phases of the project,

                              b.  flow analysis, addressing hydrology and hydraulics and identifying
                                  expected flood flows compared with proposed timing of construction
                                  activities,

                              c.  existing soil types, bank materials and analysis of slope stability,

                              d.  proposed materials that will be used on-site including rock size, shape
                                  and quantity, plant materials, soil preparations that provide optimal
                                  planting mediums for the vegetation proposed, areas to be seeded, and
                                  fencing,

                              e.  existing and proposed slope profiles, including location of ordinary high
                                  water mark,

                              f.  design of transition areas between bioengineering site and adjacent
                                  properties (both up and downstream of project),

                              g.  documentation (including photos) of existing pre-construction shoreline
                                  characteristics.

                           2. All bioengineering projects shall use a diverse variety of native plant
                              materials including trees, shrubs and grasses, unless demonstrated infeasible
                              for the particular site.








                           Chapter 8 - Bioengineering                                                   H-274








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     0                              3. All cleared areas shall be replanted following construction and irrigated (if
                                       necessary) to ensure that within three years time all vegetation is fully
                                       reestablished. Areas which fail to adequately reestablish vegetation shall be
                                       replanted with approved plant materials until such time as the plantings are
                                       viable.

                                    4. Bank protection in the form of a buffer zone shall be provided for a
                                       minimum of three years. The buffer zone shall exclude livestock, vehicles,
                                       and/or other activities that could disturb the site. The most effective buffer
                                       z6ne protection measure is fencing.

                                    5. All bioengineering projects shall be monitored and maintained as necessary.
                                       Areas damaged by pests and/or the elements shall be promptly repaired.

                                    6. All construction and planting activities shall be scheduled to minimize
                                       impacts to water quality and fish and wildlife aquatic and upland habitat
                                       and to optimize survival of new vegetation.












                                                                                     119






















                                                                                                               V- -,-/r








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                          Revetments (Riprap)

                          Applicability
                          A revetment is a sloped shoreline structure built to protect an existing eroding
                          shoreline or newly placed fill against waves, wakes, currents, or weather.
                          Revetments are most commonly built of randon-dy placed boulders (riprap), but
                          may also be built of sand-cement bags, paving or building blocks, gabions
                          (rock filled wire baskets), or other systems and materials. The principal
                          features of a revetment, regardless of type, are:


                          1. Heavy armor layer;

                          2. Filter layer; and

                          3. Toe protection.

                          This section deals specifically with the modification activity of revetments. For
                          additional policies and regulations see Shoreline Stabilization, "General
                          Shoreline Modification Provisions" in this chapter.


                          Policies


                          1 .The use of armored structural revetments should be limited to situations
                             where it is demonstrated that nonstructural solutions such as
                             bioengineefing, setbacks and buffers or any combination thereof will not
                             provide sufficient shoreline stabilization.

                          2. The construction and maintenance of revetments should not result in the
                             loss or reduction of shoreline environmental resource values. If a loss or
                             reduction cannot be avoided, mitigation should be provided.

                          3. Revetments should be designed, improved and maintained to provide
                             public access whenever possible.

                          Regulations -- General

                          I .All forms of revetments shall be constructed and maintained in a manner
                             that does not reduce water quality and/or fisheries habitat.

                          2. Design of the proposed revetment shall incorporate proper consideration
                             of

                             a. Data on local geophysical conditions;




                          Chapter 8 - Revetwents (RipRap)                                           H-276









                                  SW Handbook - 1994 Edition


                                      b. Data on stream flow, velocity, and/or flood capacity; and

                                      c. Effects on adjacent properties.

                                  3.  Bank revetments, where permitted, shall be placed at the extreme edge or
                                      bank of the shoreline.

                                  4.  Design of revetments shall include and provide improved access to public
                                      shorelines whenever possible and appropriate.

                                  5.  Revetments must be in support of an allowable shoreline use that is in
                                      conformance with the Provisions of this master program, unless it can be
                                      demonstrated that such activities are necessary and in the public interest for
                                      the maintenance of shoreline environmental resources.

                                  6.  All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program.

                                  Regulations -- Riprap

                                  I . Riprap shaH be constructed using techniques and materials that wiH
                                      enhance natural shoreline values and functions, including fish and wildlife
                                      habitat, water quality, vegetation and aesthetics. The following techniques
                                      and materials shall be used:

                                      a. Riprap material shall consist of clean quarried rock, free of loose dirt
                                         and any pollutants, and shall be of sufficient size and weight to prevent
                                         movement by wave or current action. Tires, automobile bodies, scrap
                                         metal, paper products and other inappropriate solid waste materials,
                                         shall not be used for riprap.

                                      b. Use of downed logs, snags or rock-work to enhance habitat and to
                                         provide a more natural appearance to the shoreline shall be
                                         incorporated into the design where appropriate.

                                      c. Where on-site environmental conditions allow, vegetation shall be
                                         integrated into the riprap design to reduce erosion, provide cover,
                                         shade and habitat and improve the natural appearance of the shoreline,
                                         consistent with the applicable vegetation management provisions of this
                                         master program.

                                  Regulations -- Design

                                  1. When permitted, the siting and design of revetments shall be performed
                                      using appropriate engineering principles, including guidelines of the U.S.
                                      Soil Conservation Service and the U.S. Army Corps of Engineers.


                                  Chaptcr 8 - Revetments (RipRap)                                          H-277









                          SMEP Handbook - 1994 Edition



                          2. If an armored revetment is employed the follo%king design criteria shall be
                             met (see Figure 8-1):

                             a.  The size and quantity of the material shall be limited to only that
                                 necessary to withstand the estimated energy intensity of the hydraulic
                                 system;

                             b.  Filter cloth must be used to aid drainage and help prevent settling; and

                             c.  The toe reinforcement or protection must be adequate to prevent a
                                 collapse of the system from river scouring or wave action for the
                                 anticipated life of the project.

                          3. The area shall be restored as nearly as possible to preproject condition
                             including replanting with native species and maintenance care until the
                             newly planted vegetation is established.






                                                                                L





                                                                                             Vegetation



                                                                                             Topsoil


                                                                                             Rlprap
                                                                 11114 Me
                                                                                             Filter Cloth


                                                                                             Too Protection








                          Figure 8-1. Example design criteria for riprap revetments












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                                  SW Handbook - 1994 Edition




                                  Bulkheads


                                  Applicability
                                  Bulkheads are walls usually constructed parallel to the shore whose primary
                                  purpose is to contain and prevent the loss of soil caused by erosion or wave
                                  ac tion. Bulkheads may also be termed seawalls, however in common usage,
                                  the term seawall is generally reserved for more massive pubfic works structures
                                  along the open coast. Bulkheads are generally fighter in structure and are
                                  either public or private.

                                  They are typically constructed of poured-in-place or precast concrete, steel or
                                  aluminum sheet piling, wood or wood and structural steel combinations.
                                  Bulkheads may either be thin structures penetrating deep into the ground or
                                  more massive structures resting on the surface. A typical rock bulkhead is
                                  shown in Figure 8-2. A typical concrete bulkhead is illustrated in Figure 8-3.




                                                                                                 0
























                                                                                            Area of DeW
                                                                                                     Gravel MJl

                                                                                                     Filler Fabric



                                                                                                     Face ot Bank


                                                                                                     Quarry Slorie






                                  Figure 8-2. Typical Rock Bulkhead






                                  Chapter 8 - Bulkheads                                                    H-279









                          SMY Handbook - 1994 Edition

















                                                                                         Vegetation

                                                                                         Topsoil'


                                                                                         Fill




                                                                                         Toe Protection



                                                                                         Concrete Bulkhead
                                                                                         vnth Footing












                          Figure 8-3. Typical Concrete Bulkhead


                          Uses and activities related to bulkheads which are identified as separate use
                          activities in this program, such as Flood Control Management, Landfill,
                          Residential Development, Commercial Development and Industry, are subject
                          to the regulations for those uses in addition to the standards for bulkheads
                          established in this section.


                          Exemptions
                          The Shoreline Management Act exempts the construction of a normal
                          protective bulkhead common to an existing single family residence from the
                          substantial development permit requirement. However these structures are
                          required to comply with all the policies, prohibitions and development
                          standards of this master program and of this section. To qualify for the RCW
                          90.58.030 (3)(e)(ii) and WAC 173-14-040 (1)(c) exemption from the shoreline
                          substantial development permit requirement, and to assure that such bulkheads
                          will be consistent with this program, a statement of exemption should be






                          Chapter 8 - Bulkheads                                                       H-280









                                 SAIT Handbook - 1994 Edition



                                 obtained from the City/County before commencing construction of any
                                 bulkhead (see Chapter 9, Administration and Enforcement, for a general
                                 discussion of exemptions). WAC 173-14-040 (1)(c) states that:

                                     A "normal protective " bulkhead is constructed at or near the ordinary
                                     high water mark to protect an existing single family residence and isfor
                                     protecting landfrom erosion notfor the purpose of creating land "ere
                                     an existing bulkhead is being replaced, it shall be constructed nofurther
                                     waterward of the existing bulkhead than is necessaryfor construction of
                                     newfootings.

                                 Policies

                                 I . Defense works of natural materials such as protective berms, beach
                                     enhancement or vegetative stabilization are strongly preferred over
                                     structural defense works, of materials such as steel, wood, or concrete,
                                     because the former have less adverse and cumulative impacts on shore
                                     features and habitats. Proposals for structural solutions including
                                     bulkheads should demonstrate that natural methods are unworkable (see
                                     Chapter 7 "Flood Hazard Management" for regulations relating to
                                     nonstructural defense works).

                                 2.  Owners of property containing feeder bluffs should generally be
                                     discouraged from constructing bulkheads, particularly in areas not already
                                     developed or not already subject to shoreline modification.

                                 3.  Bulkheads should be located, designed and constructed primarily to
                                     prevent damage to existing development and n-dnimize adverse impacts to
                                     natural processes. New development requiring bulkheads and/or similar
                                     protection should be discouraged.

                                 4.  Shoreline uses should be located in a manner so that bulkheading is not
                                     likely to become necessary in the future.

                                 5.  Where bulkheading is necessary and appropriate, affected property owners
                                     and public agencies should be encouraged to coordinate bulkhead
                                     development for an entire drift sector or homogeneous reach in order to
                                     avoid exacerbating erosion on adjacent properties.

                                 6.  The cumulative effects of allowing bulkheads along segments of shoreline
                                     should be evaluated prior to granting individual permits or exemptions.

                                 7.  Bulkheads should not be approved as a solution to geohydraulic or
                                     geophysical problems such as mass slope failure, sloughing, landslides, etc.
                                     caused by factors with an upland origin.





                                 Chapter 8 - Bulkheads                                                    H-281









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                          Regulations -- General

                          1.  Bulkhead design and development shall conform to all other applicable
                              state agency policies and regulations including the Department of Fisheries
                              criteria governing the design of bulkheads.

                          2.  Natural materials and processes such as protective berms, drift logs, brush,
                              beach feeding or vegetative stabilization shall be utilized to the maximum
                              extent possible.

                          3.  The City/County shall require and utilize standards found in the "General
                              Shoreline Modifications Provisions" Regulations section of this chapter in
                              its review of bulkhead proposals.

                          4.  Bulkheads shall be allowed only when evidence is presented which
                              conclusively demonstrates that one of the following conditions exist:

                              a.  Serious wave erosion threatens an established use or existing
                                  building(s) on upland property;

                              b.  Bulkheads are necessary to the operation and location of water-
                              -   dependent and water-related activities consistent with this master
                                  program, PROVIDED that all alternatives have proven infeasible (i.e.
                                  use relocation, use design, nonstructural shore stabilization options)
                                  and that such bulkheads meet other policies and regulations of this
                                  chapter; or

                              c.  Proposals for bulkheads have first demonstrated that use of natural
                                  materials and processes and nonstructural solutions to bank
                                  stabilization are unworkable in protecting existing development.

                          5.  Gabions (wire mesh filled with concrete or rocks) shall not be used in
                              bulkhead construction where alternatives more consistent with this
                              program are feasible, because of their limited durability and the potential
                              hazard to shore users and the shoreline environment.

                          6.  The construction of a bulkhead for the primary purpose of retaining or
                              creating dry land that is not specifically authorized as a part of the permit
                              shall be prohibited.

                          7.  Use of a bulkhead to protect a platted lot where no structure presently
                              exists is prohibited.

                          8.  Bulkheads are prohibited for any purpose if they will cause significant
                              erosion or beach starvation.






                          Chapter 8 - Bulkheads                                                      H-282










                                              SMP Handbook - 1994 Edition



                                              9. All bulkheads must be in support of an allowable shoreline use that is in
                                                  conformance with the provisions of this master program unless it can be
                                                  demonstrated that such activities are necessary and in the public interest for
                                                  the maintenance of shoreline environmental resources.

                                              10. All bulkheads must conform to the General Provisions (see Chapter 5) and
                                                  the Environment Designation Provisions (see Chapter 6) stated in this
                                                  master program.

                                                  Mote: If erosion is part of the natural ecology of the shoreline then
                                                  stabilization will not be permitted.











                            
                                              Bulkheads and other engineered structures significantly degrade fish and wildlife
                                              habitat as well as other features of shoreline ecology.







                                              Chapter 8 - Bulkheads                                                                             H-283









                          SMP Handbook - 1994 Edition


                          Regulations -- Location Criteria

                          1 .Bulkheads shall not be located on shores where valuable geohydraulic-
                             hydraulic or biological processes are sensitive to interference and critical to
                             shoreline conservation, such as feeder bluffs, marshes, wetlands or
                             accretion shoreforms such as spits, hooks, bars or barrier beaches.

                          2. Bulkheads are to be permitted only where local physical conditions such as
                             foundation bearing material, surface and subsurface drainage are suitable.

                          3. On all shorelines, bulkheads shall be located landward of the OHWK
                             landward of protective berms (artificial or natural) and generally parallel to
                             the natural shoreline. In addition:

                             a.  On marine accretion beaches, bulkheads shall be set back a m@inimum of
                                 25 feet landward of the OHWM, and shall parallel the natural shoreline.

                             b.  On bluff or bank shorelines where no other bulkheads are adjacent, the
                                 construction of a bulkhead shall be as close to the bank as possible and
                                 in no case shall be more than 3 feet fi7orn the toe of the natural bank.

                             c.  Bulkheads may tie in flush with existing bulkheads on adjoining
                                 properties, provided that (1) the adjoining bulkheads were built at or
                                 near the OHWM and (2) the new bulkhead does not extend more than
                                 three feet waterward of OHWM at any point. If there is an existing
                                 bulkhead on only one of the adjacent properties, the proposed bulkhead
                                 may tie in flush with the adjacent bulkhead at or landward of the
                                 OHWM and shall be contoured to minimize the land area waterward of
                                 the required setback, which shall be met on the side not abutting an
                                 existing bulkhead.

                          4. Replacement bulkheads may be located irnmediately in front of and
                             abutting (sharing a common surface) an existing bulkhead provided that
                             replacement bulkheads shall not be authorized abutting an abandoned or
                             neglected bulkhead or a bulkhead in serious disrepair that is located more
                             than three feet waterward of OHWM. Replacement of such bulkheads
                             shall be located at OHWM.

                          Regulations -- Design

                          1. Bulkheads shall be sited and designed consistent with appropriate
                             engineering principles.

                          2. When a bulkhead is required at a public access site, provision for safe
                             access to the water shall be incorporated into bulkhead design.





                          Chapter 8 - Bulkheads                                                    H-284








                                   SMI? Handbook - 1994 Edition



                                   3. Bulkheads shall be designed with the minimum dimensions necessary to
                                      adequately protect the development for the expected life of the
                                      development.

                                   4. Stairs or other permitted structures may be built into a bulkhead but shall
                                      not extend waterward of it.

                                   5. Bulkheads shall be designed to tpern-dt the passage of surface or ground
                                      water without causing ponding or saturation of retained soil/materials.

                                   6. Adequate toe protection consisting of proper footings, a fine retention
                                      mesh, etc., shall be provided to ensure bulkhead stability without relying on
                                      additional riprap.

                                   7. Materials used in bulkhead construction shall meet the following standards:

                                      a.  Bulkheads shall utilize stable, nonerosional, homogeneous materials
                                          such as concrete, wood, rock riprap or other suitable materials which
                                          will accomplish the desired end with the maximum preservation of
                                          natural shoreline characteristics.


                                      b.  Beach materials shall not be used for fill behind bulkheads unless it is
                                          specifically authorized by the permit and then only when it is
                                          demonstrated that leaving the material on the beach would be
                                          detrimental to shoreline resources.

                                   8. Fill behind bulkheads shall be limited to an average of I cubic yard per
                                      running foot of bulkhead. Any fifling in excess of this amount shall be
                                      considered landfill and shall be subject to the provisions for landfill and the
                                      requirement for obtaining a shoreline substantial development permit.






















                                   Chapter 8 - Bulkheads                                                     H-285









                           SMY Handbook - 1994 Edition



                           Breakwaters, Jetties, Rock
                           Weirs and Groins


                           Applicability
                           Breakwaters are protective structures usually built off shore to protect harbor
                           areas, moorage, navigation, beaches and bluffs from wave action. Breakwaters
                           may be fixed (e.g., rubble mound or rigid wall), open-pile or floating.

                           Jetties are structures generally built singly or in pairs perpendicular to the shore
                           at harbor entrances or river mouths to prevent the shoaling or accretion of
                           littoral sand drift. Jetties also protect channels and inlets from storm waves
                           and cross-currents.

                           Rock weirs and groins are structures built seaward perpendicular to the shore
                           for the purpose of building or preserving an accretion beach by trapping littoral
                           sand dfift. Generally narrow and of varying lengths, groins may be built in a
                           series along the shore. Jetties are buflt to prevent accretion in channels and/or
                           inlets while groins preserve and promote accretion to occur along stretches of
                           shoreline.


                           Policies

                           1.  Professional design is required because of the complexity of modif@@g
                               water movement and littoral drift systems that extend well beyond the
                               project boundafies.

                           2.  Breakwaters, jetties and groins should provide public access or multiple
                               use opportunities to increase public use and enjoyment of the shorefines
                               where such access is safely compatible with the structure.

                           3.  To the extent practicable, breakwaters should be open-pile or floating
                               structures anchored in place so as not to impede longshore sand and gravel
                               transport and fish movement or destroy subtidal habitat.

                           4.  Jetties should generally be discouraged because they partially or totally
                               block shore processes, are generally irreversible in nature and often require
                               an ongoing and costly dredging or beach feeding program to alleviate
                               erosion or accretion problems.








                           Chapter 8 - Breakwaters, Jetties, Rock Weirs, Groins                           H-286








                                  SMT Handbook - 1994 Edition



                                  5.  Rock weirs and groins not designed as part of an overall system approach
                                      should generally be discouraged because they purposefully trap and accrete
                                      beach forming materials yet erode downdrift beaches or banks which may
                                      have adverse effects on other shore resources and users. However, rock
                                      weirs or groins may have a beneficial effect when designed as part of a
                                      larger planned system intended to minimize the overall need for shore
                                      modification activities.

                                  6.  Proposals not requiring the use ofjetties, breakwaters or groins should be
                                      preferred over developments requiring the use of breakwater, jetty or groin
                                      structures.


                                  7.  Protection of the area@s scenic and aesthetic resources should be given
                                      serious consideration in the review of proposals for breakwaters, jetties,
                                      rock weirs and groins.

                                  8.  Jetties and groins should be located, designed and constructed primarily to
                                      prevent damage to existing developments. New development requiring
                                      such structures should be discouraged.

                                  Regulations -- General

                                  I . The design of breakwaters, jetties, rock weirs and groins shall conform to
                                      all applicable requirements established by the Washington Departments of
                                      Fisheries and Wildlife and the U.S. Army Corps of Engineers.

                                  2.  The City/County shall require and use the following information during its
                                      review of proposals for breakwaters, jetties, rock weirs and groins:

                                      a. Purpose of the structure;

                                      b. Net and seasonal direction and quantities of littoral drift, tidal currents
                                          (if any); and

                                      c. Seasonal wind data, wind rose.

                                  The following additional information is required for groins:


                                      d. Profile of uplands;

                                      e.  Beach type, slope and materials-,

                                      f.  Uplands types, slope and materials;

                                      g.  Soils types (S.C.S.)2-

                                      h.  Physical or geological stability of uplands; and



                                  Chapter 8 - Breakwaters, Jetties, Rock Weirs, Groins                      H-287









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                              i. Predicted impact on area shore processes, adjacent properties and
                                 upland stability.

                          3.  Proposals for groins, jetties and solid breakwaters shall notify, by
                              registered mail, all shoreline landowners within the same drift sector. If it
                              is not possible to make a reasonable determination of the drift sector, all
                              shoreline land owners within I mile of the project proposal shall be
                              notified.

                          4.  All breakwaters, jetties, rock weirs and groins must be in support of an
                              allowable shoreline use that is in conformance with the provisions of this
                              Master program unless it can be demonstrated that such activities are
                              necessary and in the public interest for the maintenance of shoreline
                              environmental resources.

                          5.  All breakwaters, jetties, rock weirs and groins must conform to the General
                              Provisions (see Chapter 5) and the Environment Designation Provisions
                              (see Chapter 6) stated in this master program.

                          Breakwaters

                          6.  Breakwaters shall be prohibited in lakes.

                          7.  Breakwaters shall only be permitted by conditional use for navigational
                              purposes, industrial activities and marinas as an integral component of a
                              harbor, marina or port where water-dependent uses are located seaward of
                              the existing shoreline and where protection from strong wave action is
                              essential.

                          8.  Open-pile or floating breakwaters shall be the only type allowed unless it
                              can be shown that solid breakwaters will have no significant adverse effect
                              on the aquatic biology and shore processes or that such adverse effects can
                              be adequately mitigated.

                          Jetties, Rock Weirs and Groins

                          9.  Jetties, rock weirs and groins shall only be permitted by conditional use for
                              navigational purposes, industrial activity, marinas, erosion control, fisheries
                              or habitat enhancement and public beach management as integral
                              components of an overall resource management plan.

                          10. Jetty, rock weir, or groin development which would result in a net adverse
                              impact on adjacent and nearby properties and shorelines shall be prohibited.

                          11. Groins are prohibited for the purpose of gaining access across tidal areas
                              to deep water unless integral to a public access project.




                          Chapter 8 - Breakwaters, Jetties, Rock Weirs, Groins                      H-288









                                   SW Handbook - 1994 Edition


                                   Regulations -- Design

                                   I . Proposed designs for new or expanded breakwaters, jetties, rock weirs and
                                       groins shall be designed and certified by a registered civil engineer.

                                   2.  Breakwaters, jetties, rock weirs and groins shall be designed and
                                       constructed in a manner which will prevent detrimental impacts on water
                                       circulation, sand movement and aquatic life. The design shall also minimize
                                       impediments to navigation and to visual access from the shoreline.

                                   3.  The design of new breakwaters, groins and jetties shall incorporate
                                       provisions for public access such as sightseeing and public fishing it is
                                       determined such access is feasible and desirable.

                                   4.  Materials used for the construction of breakwaters, jetties, rock weirs and
                                       groins shall exhibit the qualities of long-term durability, ease of
                                       maintenance and compatibility with local shore features processes and
                                       aesthetics. The use of solid waste, junk or abandoned automobiles, asphalt
                                       or any building demolition debris is prohibited.

                                   5.  Floating breakwaters shall be used in place of solid, rubble mound types
                                       wherever they can withstand anticipated wave action in order to maintain
                                       sand movement and protect fish and aquatic habitat.

                                   6.  The effect of proposed breakwaters, jetties, rock weirs and groins on sand
                                       movement shall be evaluated during permit review. The beneficiaries
                                       and/or owners of large scale defense works which substantially alter,
                                       reduce or block littoral drift and cause new erosion of downdrift shores
                                       shall be required to establish and maintain an adequate long term beach
                                       feeding program either by artificially transporting sand to the downdrift
                                       side of an inlet with jetties or by artificial beach feeding in the case of
                                       groins, breakwaters and rock weirs.



















                                   Chapter 8 - Breakwaters, Jetties, Rock Weirs, Groins                      H-289









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                           Dikes and Levees

                           Applicability
                           Dikes and levees are manmade earthen embankments utilized for the purpose
                           of flood control, water impoundment projects, or settling basins.
                           Exemptions
                           The SNIA exempts the operation and maintenance of any system of dikes,
                           ditches, drains or other facilities existing on September 8, 1975 which were
                           created, developed or utilized primarily as a part of an agricultural drainage or
                           diking system from substantial development permit requirements (RCW
                           90.58.030 (x)).

                              Note: See also Chapter 7 "Flood Hazard Management "for relevant
                              policies and regulations pertaining to systems of dikes and levees.


                           Policies

                           I .Dikes and levees should be located, designed, constructed and maintained
                              so that they will not cause significant damage to adjacent properties or
                              valuable resources, and so that the physical integrity of the natural shore
                              process is maintained.

                           2. Dikes and levees should be permitted only when the purpose or primary
                              use being protected is consistent with this program and when they can be
                              developed in a manner compatible with the multiple use of the floodway
                              and associated resources, such as wildlife habitat, water quality, aesthetics,
                              recreational resources and public access.

                           Regulations -- General

                           I .Dikes and levees shall be designed, constructed and maintained in
                              accordance with Hydraulic Project Approval and in consideration of
                              requirements resource agency recommendations.

                           2. Dikes and levees shall protect the natural processes and resource values
                              associated with strearnways and deltas including but not limited to wildlife
                              habitat.

                           3. Dikes and levees shall be limited in size to the minimum height required to
                              protect adjacent lands from the protected flood stage as identified in the
                              applicable comprehensive flood control management plan.

                           4. Dikes and levees shall not be constructed with material dredged from the
                              adjacent wetland or strearnway area unless part of a comprehensive flood
                              and habitat plan and then only by conditional use.


                           Chapter 8 - Dikes and Levees                                                 H-290









                                  SMIP Handbook - 1994 Edition



                                  5.  Dikes and levees shall not be placed in the floodway except for current
                                      deflectors necessary for protection of bridges and roads.

                                  6.  Public access shall be provided in accordance with public access policies
                                      and regulations contained herein. Improved trail systems along diked or
                                      leveed shorelines are preferred.

                                  7.  Dikes and levees shall only be authorized by conditional use permit and
                                      shall be consistent with the comprehensive flood control management plan,
                                      or if no plan yet exists, with an overall watershed and drainage basin
                                      management systems approach.

                                  8.  All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program.

                                  Regulations -- Design

                                  1.  Dikes and levees shall be setback at convex (inside) bends to allow streams
                                      to maintain point bars and associated aquatic habitat through normal
                                      accretion. Where bank dikes have already cut off point bars from the edge
                                      of the floodway, consideration should be given to their relocation in order
                                      to lower flood stages and current velocities.

                                  2.  Where dikes are necessary in intermediate gradient floodways to protect
                                      fringe areas, tangent diking is preferred over bank levees. Dikes and levees
                                      shall be located near the tangent to outside meander bends so that the
                                      stream can maintain normal meander progression and utilize most of its
                                      natural flood water storage capacity.

                                  3.  Proper diversion of surface discharge shall be provided to maintain the
                                      integrity of the natural streams, wetlands and drainages.

                                  4.  Underground springs and aquifers shall be identified and protected.

                                  5.  The outside face of dikes shall be sloped at 1-1/2 to I (horizontal to
                                      vertical) or flatter and seeded with grass and/or native vegetation.
                                      Landscaping and buffer areas may be required.












                                  Chapter 8 - Dikes and Levees                                               H-291









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                          Dredging and Dredge
                          Material Disposal

                          Applicability

                          Dredging is the removal or displacement of earth or sediments such as gravel,
                          sand, mud or silt and/or other materials or debris from any stream, river, lake
                          or marine water body and associated shorelines and wetlands. Dredging is
                          normally done for specific purposes or uses such as for constructing and
                          maintaining canals, navigation channels, turning basins, harbors and marinas,
                          for installing submarine pipelines or cable crossings, or for dike or drainage
                          system repair and maintenance. Dredging may also be used to mine for
                          aggregates such as sand and gravel.

                          Dredge material disposal is the depositing of dredged materials on land or into
                          water bodies for the purpose of either creating new or additional lands for
                          other uses or disposing of the by products of dredging.

                              Alote: Dredge material disposal on land within shoreline jurisdiction is
                              also subject to the landfill policies and regulations of this program.

                          Exemptions

                          Pursuant to WAC 173-14-040, the following actions are exempt from the
                          requirement for a shoreline substantial development permit, but may still
                          require a conditional use or variance permit.


                          1.  Operations, maintenance or construction of canals, waterways, drains,
                              reservoirs or other facilities that now exist or are hereafter created or
                              developed as part of an irrigation system for the primary purpose of making
                              use of system waters, including return flow and artificially stored ground
                              water from the irrigation of lands;

                          2.  Operation and maintenance of any system of dikes, ditches, drains or other
                              facilities existing on September 8, 1975 which were created, developed or
                              utilized primarily as part of an agricultural drainage or diking system.

                          3.  Normal maintenance and repair of an existing facility which may include
                              maintaining an existing navigational channel or other dredged facility fcir
                              the purpose of periodically restoring a previously authorized configuration.




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                                      Note: Actions exemptftom Substantial Development Permits are still
                                      required to comply ivith the Shoreline Management Act and all of the
                                      applicable provisions of CiolCounty Shoreline Master Program.
                                      Dredging proposals should be carefully revie-wed by the CitylCounty to
                                      determine whether or not the activity is exemptfrom the requirementfor a
                                      Substantial Development Permit and to insure that the proposed action is
                                      consistent with the intent, policies and regulations of the Act and this
                                      program.


                                  Policies


                                  I . Dredging and dredge material disposal should be located and conducted in
                                      a manner which minimizes damage to existing ecological values and natural
                                      resources of the area to be dredged and of the disposal site.

                                  2.  Dredging of bottom materials for the primary purpose of obtaining the
                                      material for fill or other purposes is strongly discouraged.

                                  3.  Dredging operations should be planned and conducted to minimize
                                      interference with navigation and adverse impacts to other shoreline uses,
                                      properties and values.

                                  4.  Dredge material disposal in water bodies should be discouraged, except for
                                      habitat improvement or where depositing dredge material on land would be
                                      more detrimental to shoreline resources than deposition in water areas.

                                  5.  Long range regional plans should be developed for the disposal and use of
                                      dredged material particularly in areas where maintenance of navigation
                                      channels is routine and continuous. Dredge disposal sites in water areas
                                      should be identified in cooperation with the U.S. Army Corps of Engineers,
                                      U.S. EPA and the State Departments of Ecology, Natural Resources,
                                      Wildlife and Fisheries.

                                  6.  Selection of unconfined, open water disposal sites should follow the
                                      process developed in the Puget Sound Dredged Disposal Analysis
                                      (PSDDA) and be incorporated into DNR WAC 332-30-166 Open Water
                                      Disposal Sites, where applicable.

                                  7.  The long-term environmental impact of disposal at open water disposal
                                      sites should be monitored by the shoreline management permittee of a site.
                                      The permittee should provide for long-term environmental monitoring and
                                      any necessary remedies. Periodic reports on site use and environmental
                                      impact should be submitted to the local shoreline administrator.





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                                         8.    When dredge material has suitable organic and physical properties,
                                               dredging operations should be encouraged to recycle dredged material for
                                               beneficial use in beach enhancement, habitat creation, aggregate or clean
                                               cover material at a landfill (where appropriate).

                                         9. Dredging and dredge material disposal operations should be periodically
                                               reviewed for consistency with the SMP.

                                         10. Dredged material containing chemicals at concentrations high enough to
                                                           0
                                               cause significant harm to resident biota should not be placed at unconfined
                                               open-water disposal sites.

                                         Regulations -- General

                                         1. Applications for shoreline dredging and dredge material disposal shall
                                               provide the following types of information:

                                               a.     Physical, chemical and biological assessment of the proposed dredged
                                                      material applicable to the particular dredging site. Information needed
                                                      will vary depending upon:

                                                      ii. Existing biological communities or resources in the area;

                                                      iii. The possibility of significant sediment contamination; and

                                                      iv. The suitability of the proposed dredge disposal site.

                                               b.     Specific data to be considered include:

                                                      i.   Physical - Grain size, clay, silt, sand or gravel as determined by
                                                           sieve analysis.

                                                      ii.  Chemical - Including conventional parameters, metals and organics.

                                                      iii. Biological - Bioassays useful in determining the suitability of
                                                           dredged material for a selected disposal option.

                                               b.     Dredging volumes, methods, schedule, frequency, hours of operation
                                                      and procedures-,

                                               c.     Method of disposal, including the location, size, capacity and physical
                                                      characteristics of the disposal site, transportation method and routes,
                                                      hours of operation, schedule;

                                               d.     Stability of bedlands adjacent to proposed dredging area;




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                                      e.  Hydraulic analyses, including tidal fluctuation, current flows, direction
                                          and projected impacts. Hydraulic modeling studies are required for
                                          large scale, extensive dredging projects, particularly in estuaries, in
                                          order to identify existing geohydraulic-hydraulic patterns and probable
                                          effects of dredging-,

                                      f,  Assessment of water quality impacts; and

                                      g.  Biological assessment including migratory, seasonal and spawning use
                                          areas.


                                  2.  In evaluating permit applications for any dredging project, the adverse
                                      effects of the initial dredging, subsequent maintenance dredging and dredge
                                      disposal that will be necessary shall be considered. Dredging and dredge
                                      disposal shall be permitted only where it is demonstrated that the proposed
                                      actions will not:

                                      a. Result in significant and/or ongoing damage to water quality, fish,
                                          shellfish and other essential marine biological elements; and

                                      b. Adversely alter natural drainage and circulation patterns, currents, river
                                          and tidal flows or significantly reduce flood water capacities.

                                  3.  Proposals for dredging and dredge disposal shall include all feasible
                                      mitigating measures to protect marine habitats and to minimize adverse
                                      impacts such as turbidity, release of nutrients, heavy metals, sulfides,
                                      organic material or toxic substances, dissolved oxygen depletion,
                                      disruption of food chains, loss of benthic productivity and disturbance of
                                      fish runs and important localized biological communities.

                                  4.  Dredging and dredge disposal shall not occur in marshes, bogs or swamps,
                                      except as authorized by conditional use permit provided the wetland does
                                      not serve any of the valuable functions of wetlands identified in this master
                                      program or during the permit review process including, but not limited to,
                                      wildlife habitat and natural drainage functions, and/or enhances theWildlife
                                      habitat, natural drainage and/or other valuable functions.

                                  5.  Dredging and dredge disposal shall be carefully scheduled to protect
                                      biological productivity (e.g. fish runs, spawning, benthic productivity, etc.)
                                      and to m@inin-@ze interference with fishing activities. Dredging activities
                                      shall not occur in areas used for commercial fishing (e.g. drift net, crabbing,
                                      etc.) during a fishing season unless specifically addressed and mitigated for
                                      in the permit.







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                           6.  Dredging and dredge disposal shall be prohibited on or in archaeological
                               sites which are listed on the Washington State Register of Ustoric Places
                               until such time that they have been released by the State Archaeologist.

                           7.  All shoreline development must conform to the General Provisions (see
                               Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                               stated in this master program.

                           Regulations -- Dredging

                           1. Dredging waterward of the ordinary high water mark shall be permitted
                               only:

                               a.  For navigation or navigational access;

                               b.  In conjunction with a water-dependent use of water bodies or adjacent
                                   shorelands-,

                               c.  As part of an approved habitat improvement project;

                               d.  To improve water quality;

                               e.  For raining and/or mineral extraction, as provided in the regulations on
                                   mining; or

                               f   In conjunction with a bridge, navigational structure or wastewater
                                   treatment facility for which there is a documented public need and
                                   where other feasible sites or routes do not exist.

                               g.  To improve water flow and/or manage flooding only when consistent
                                   with an approved flood/stormwater comprehensive management plan.

                           2.  When dredging is permitted, the dredging shall be the minimum necessary
                               to accommodate the proposed use.

                           3.  Dredging shall utilize techniques that cause minimum dispersal and
                               broadcast of bottom material.

                           4.  New dredging activity is prohibited in the following locations:

                               a. In estuaries except by conditional use permit,

                               b. Along net positive dfift sectors and where geohydraulic-hydraulic
                                   processes are active and accretion shore forms would be damaged,
                                   altered or irretrievably lost;




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                                      c.  In shoreline areas vAth bottom materials that are prone to significant
                                          sloughing and refilling due to currents or tidal activity; which result in
                                          the need for continual maintenance dredging;

                                      d.  In habitats identified as critical to the life cycle of officially designated
                                          or protected fish, shellfish or wildlife; or

                                   5. Dredging for the primary purpose of obtaining material for landfill is
                                      prohibited.

                                   6. Dredging to construct canals or small basins for boat moorage or
                                      launching, water ski landings or swimming holes is prohibited.

                                   Regulations -- Dredge Material Disposal

                                   I .Disposal of dredged material may be accomplished at approved contained
                                      upland disposal sites.

                                   2. Individual disposal operations shall comply with Department of Natural
                                      Resources leasing practices, Ecology Water Quality Certification process
                                      and the U.S. Army Corp. of Engineers permit requirements.

                                   3. Unconfined, open-water disposal of dredged material in Puget Sound shall
                                      only occur at sites identified through the process defined in the PSDDA
                                      report and incorporated in DNR WAC 332-30-166 Open-Water Disposal
                                      Sites.

                                   4. Review of applications for use of a disposal site shall be based upon the
                                      criteria and guidelines established in the PSDDA report, where applicable.
                                      It shall be the responsibility of the disposal permittee to assure that disposal
                                      of dredged material and management of the disposal site comply with
                                      permit conditions and with the PSDDA report, where applicable.

                                   5. Yearly status reports shall be prepared and submitted by the dredge
                                      disposal permittee to the local shoreline administrator. The reports shall
                                      state the quantity of material dumped, characterize the quality of the
                                      material, and review any factors necessary to verify continued compliance
                                      with the shoreline permit.

                                   6. Depositing dredge materials in water areas shall be allowed only by
                                      conditional use permit for one or more of the following reasons:

                                      a. For wildlife habitat improvement;

                                      b. To correct problems of material distribution adversely affecting fish and
                                          shellfish resources;



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                             c.  For permitted beach enhancement;

                             d.  When the alternative of depositing material on land is demonstrated to
                                 be more detrimental to shoreline resources than depositing it in water
                                 areas, or

                             e.  In approved open-water disposal site as identified in (cite applicable
                                 disposal plan [e.g. PSDDA]).

                          7. New in-water disposal sites shall be identified consistent with the following
                             criteria:

                             a.  The site is in an area protected from significant storms, tidal and
                                 submarine currents, stratification and turbulence that would cause
                                 shifting and dispersal of dredged material, unless specifically designed
                                 and permitted as a dispersal site;

                             b.  The area is proven to be biologically, chemically and physically
                                 degraded by past dredge disposal or other activities, and water quality
                                 and biological productivity will not be degraded further;

                             c.  Disposal will not interfere with geohydraulic-hydraulic processes;

                             d.  The dredged material has been analyzed by qualified personnel and
                                 found to be minimally or nonpolluting;

                             e.  Dredge disposal will not impede water and tidal current flows or
                                 adversely affect flood water flows and capacities;

                             f   Aquatic life will not be adversely affected; and

                             g.  The site and method of disposal meet all requirements and
                                 qualifications of applicable regulatory agencies.

                          8. Disposal, if allowed in water, shall utilize techniques that cause the least
                             dispersal and broadcast of materials unless specifically designed and
                             approved as a dispersal site.

                          9. Use of dredge materials for beach enhancement shall be conducted so that:

                             a. Except where specifically designed and intended, erosion or deposition
                                 downstream from the disposal site is minimized. Erosion of the
                                 dredged material shall not smother marsh or other shallow productive

                                 areas.









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                                      b.  To the extent possible, the volume and frequency of dredged material
                                          disposal maintains a stable beach profile. Dredged material shall be
                                          graded at a uniform slope and contoured to reduce cove and peninsula
                                          formation and to minimize stranding ofjuvenile fish (see also "Beach
                                          Enhancement").

                                  10. Ocean disposal shall be conducted so that:

                                      a.  The material deposited at a site is compatible with the benthic
                                          populations and other uses of the area;

                                      b.  Interference with commercial fishing and other established uses is
                                          minimized; and

                                      c.  Disposal is strictly confined to the designated disposal sites.

                                  11. Flow-lane disposal shall be conducted so that:

                                      a.  Disposal shall not occur under freshwater flow and tidal conditions
                                          where the predominant sediment transport at a site is up river; and

                                      b.  Use of the disposal site does not interfere with fishing activities by
                                          causing major changes in the circulation patterns or bottom
                                          configuration of the disposal site.

                                  12. Land disposal sites shall adhere to the following conditions:

                                      a.  Containment dikes and adequate settling basins shall be built and
                                          maintained so that the site's discharge water carries a minimum of
                                          suspended sediment. Required basins shall be designed to maintain at
                                          least I foot of standing water at all times to encourage proper settling;

                                      b.  Proper diversion of surface discharge shall be provided to maintain the
                                          integrity of the natural streams, wetlands and drainages;

                                      c.  Runoff water shall be controlled so as to enter a waterway through
                                          grassy swales or other treatment features that assures protection of
                                          water quality and other envirorunental resources.

                                      d.  Underground springs and aquifers shall be identified and protected-,

                                      e.  The outside face of dikes shall be sloped at 1-1/2 to I (horizontal to
                                          vertical) or flatter and seeded with grass and/or native vegetation.
                                          Landscaping and buffer areas may be required;

                                      f   Sites shall be adequately screened from view. Dredge disposal in
                                          shoreline areas shall not impair scenic views; and



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                              g. Dredge materials deposited upland and not part of a permitted dike or
                                  levee shall constitute landfill, and when deposited within the jurisdiction
                                  of this master program, shall comply with the landfill regulations.

                           13. Near shore or upland disposal of dredge materials shall not be located
                              upon, adversely affect, or diminish:

                              a.  Estuaries, wetlands, or significant plant communities;

                              b.  Prime agricultural land except as enhancement-,

                              c.  Natural resources including but not limited to sand and gravel deposits,
                                  timber, or natural recreational beaches and waters except for
                                  enhancement purposes;

                              d.  Designated or officially recognized wildlife habitat and concentration
                                  areas;

                              e.  Water quality, quantity and drainage characteristics; and

                              f.  Public access to shorelines and water bodies.

                           14. Where required, revegetation of land disposal sites shall occur as soon as
                              possible in order to retard wind and water erosion and to restore the
                              wildlife habitat value of the site. Native species and other compatible
                              plants shall be used.

                           15. Proposals for disposal in shoreline jurisdiction must show that the site will
                              ultimately be suitable for a use permitted by this master program.

                           16. Disposal of dredged materials shall occur on the smallest possible land area
                              consistent with the standards above in order to minimize the quantity of
                              land that is disturbed, unless dispersed disposal is authorized as a condition
                              of permit approval (e.g. soil enhancement, etc.).

                           17. The City/County may impose reasonable limitations on dredge disposal
                              operating periods and hours and may require provision for buffer strips at
                              land disposal or transfer sites in order to protect the public safety and other
                              shore users' lawful interests from unnecessary adverse impacts.












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                                   Landfill


                                   Applicability

                                   Landfill is the placement of soil, sand, rock, gravel, existing sediment or other
                                   material (excluding solid waste) to create new land, tideland or bottom land
                                   area along the shoreline below the OHWM, or on wetland or upland areas in
                                   order to raise the elevation. Any landfill activity conducted within shoreline
                                   jurisdiction must comply with the following provisions.


                                   Notes to Master Programmers

                                   If this definition is used it is important to clarify when in-water and upland
                                   landfill is allowed and to define the limits of backfill allowed relative to
                                   bulkheadprojects, etc. See Chapter 5, "Clearing and Grading"forfurther
                                   discussion of &y on dryfill or "raising land elevation".


                                   Policies


                                   I .Landfills waterward of OHWM should be allowed only when necessary to
                                      facilitate water-dependent and/or public access uses which are consistent
                                      with this master program.

                                   2. Shoreline fills should be designed and located so that there will be no
                                      significant damage to existing ecological systems or natural resources, and
                                      no alteration of local currents, surface water drainage or flood waters
                                      which would result in a hazard to adjacent life, property and natural
                                      resource systems.

                                   3. In evaluating fill projects, such factors as potential and current public use
                                      of the shoreline and water surface area, navigation, water flow and
                                      drainage, water quality and habitat should be considered and protected to
                                      the maximum extent feasible. Further, the City/Cou-nty should assess the
                                      overall value of the landfill site in its present state versus the proposed
                                      shoreline use to be created to ensure consistency with the Act and this
                                      master program.









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                          4.  The perimeter of landfills should be designed to avoid or eliminate erosion
                              and sedimentation impacts, both during initial landflil activities and over
                              time. Natural appearing and self-sustaining control methods are preferred
                              over structural methods.

                          5.  Where permitted, landfills should be the minimum necessary to provide for
                              the proposed use and should be permitted only when tied to a specific
                              development proposal that is permitted by this master program.
                              Speculative landfill activity should be prohibited.

                          6. Sanitary landfills should not be located in shoreline jurisdiction.

                          Regulations -- General

                          1. Applications for landfill permits shall include the following:

                              a. Proposed use of the landfill area;

                              b.  Physical, chemical and biological characteristics of the fill material;

                              c.  Source of landfill material-,

                              d.  Method of placement and compaction;

                              e.  Location of landfill relative to natural and/or existing drainage patterns
                                  and wetlands.

                              f.  Location of the landfill perimeter relative to the OHWM;

                              g.  Perimeter erosion control or stabilization means; and

                              h.  Type of surfacing and runoff control devices.

                          2.  Landfill waterward of OHWM or in marshes, bogs and swamps shall be
                              permitted as a conditional use only and:

                              a.  In conjunction with a water-dependent or public use permitted by this
                                  master program-,

                              b.  In conjunction with a bridge or navigational structure for which there is
                                  a demonstrated public need and where no feasible upland sites, design
                                  solutions, or routes exist;

                              c.  As part of an approved beach restoration project; or

                              d.  For fisheries, aquaculture, or wildlife habitat enhancement projects.





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                                   3. Pile or pier supports shall be utilized whenever feasible in preference to
                                      landfills. Landfills for approved road development in floodways or
                                      wetlands shall be permitted only if pile or pier supports are proven
                                      infeasible.


                                   4. Landfills are prohibited in floodplains except where it can be clearly
                                      demonstrated that the geohydraulic characteristics and floodplain storage
                                      capacity will not be altered to increase flood hazard or other damage to life
                                      or property. Landfills are prohibited in floodway, except when approved
                                      by conditional use permit and where required in conjunction with a
                                      proposed water-dependent or other use, specified in Regulation #2 above.

                                   5. Environmental review of proposed landfills shall be accomplished
                                      concurrently with review of the intended use, and the threshold
                                      determination concerning the need for an environmental impact statement
                                      shall be based on this combined project review.

                                   6. Landfill shall be permitted only where it is demonstrated that the proposed
                                      action will not:

                                      a. Result in significant damage to water quality, fish, shellfish and/or
                                          wildlife habitat-, or

                                      b. Adversely alter natural drainage and circulation patterns, currents, river
                                          and tidal flows or significantly reduce flood water capacities.

                                   7. Landfills may be permitted only in conjunction with a specific development
                                      already permitted by this master program or as proposed (i.e. permit
                                      applied for) simultaneously with such development. Speculative landfills
                                      are prohibited.

                                   8. All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program.

                                   Regulations -- Design and Construction

                                   1. Where landfills are permitted, the landfill shall be the minimum necessary to
                                      accommodate the proposed use.

                                   2. Where existing public access is reduced, greater public access as part of the
                                      development project shall be provided.







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                         3. Landfills shall be designed, constructed and maintained to prevent,
                            minimize and control all material movement, erosion and sedimentation
                            from the affected area. Perimeters of permitted land fill projects shall be
                            designed and constructed with silt curtains, vegetation buffer areas or other
                            methods and appropriately s'loped to prevent erosion and sedimentation
                            both during initial landfill activities and afterwards. Such containment
                            practices shall occur during the first growing season following completion
                            of the landfill. Design shall incorporate use of natural appearing and self
                            sustaining control methods unless they can be demonstrated to be infeasible
                            due to existing environmental conditions such as currents, tides and
                            weather.

                         4. Fill materials shall be sand, gravel, soil, rock or similar material. Use of
                            polluted dredge spoils, solid waste and sanitary landfill materials are
                            prohibited.

                         5. Landfills shall be designed to allow surface water penetration into ground
                            water supplies where such conditions existed prior to fiH.

                         6. The timing of landfill construction shall be regulated so as to minimize
                            damage to water quality and aquatic life.

                         7. Landfill on dry land shall not result in substantial changes to surface water
                            drainage patterns off the project site and onto adjacent properties.











                                        W
                                                                              -WA

                                        W
                                        L














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                                    Piers, Docks, Floats & Buoys

                                    Applicability

                                    Piers and docks are structures which abut the shoreline and are used as a
                                    landing or moorage place for commercial and pleasure craft. Piers are built on
                                    fixed platforms above the water, while docks float upon the water.

                                    Recreational floats are also addressed in this section. These floats are
                                    anchored off shore platforms used for water-dependent recreational activities
                                    such as switriming and diving.

                                    Piers and docks are utilized for commercial, industrial and recreational
                                    purposes. Often they are mixed serving several uses. Because of this,
                                    regulations concerning specific uses that may employ a pier or dock will be
                                    located in that specific section. For instance, piers and docks containing more
                                    than 10 moorage spaces are considered marinas and are addressed in the
                                    "Boating Facilities" Provisions.

                                    In limited instances where floating homes are allowed outside marinas, piers,
                                    docks, floats and buoys associated with a floating home are regulated by this
                                    section.


                                    Exemptions

                                    Docks for private, non commercial pleasure craft, common to a single family
                                    residence, and costing less than 2,500 dollars are exempt from the requirement
                                    for a shoreline substantial development permit pursuant to RCW 90.58.030(3-
                                    e-vii) and WAC 173-14-040(h). The City/County will review all proposals for
                                    piers and docks to determine if


                                    1.  The proposal is or is not exempt from the requirement for a substantial
                                        development permit-,

                                    2.  The proposal is suitably located and designed and that all potential impacts
                                        have been recognized and mitigated; and

                                    3.  The proposal is consistent with the intent, policies and regulations of the
                                        Act, RCW 90.58.140(l), and this master program.






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                              Note: Littoral drift is a signicant factor affecting the design and
                              location of piers and docks. Piers are often preferred over docks in areas
                              where there is a high-level of littoral drift. Some cities and counties have
                              completed drift sector analyses to identify these areas in advance, and
                              thereby facilitate project review.










                                                                                  



                              Restricting the size of residential boat docks insures that they won't be used as a
                              loop hole to build over-water residences.













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                                   Policies


                                   1.  Multiple use and expansion of existing consistent piers, wharves and docks
                                       should be encouraged over the addition and/or proliferation of new
                                       facilities. Joint-use facilities are preferred over new single-use piers, docks
                                       and floats.

                                   2.  The use of mooring buoys should be encouraged in preference to either
                                       piers or docks (see Chapter 7 "Boating Facilities").

                                   3.  Piers, docks, floats and mooring buoys should be designed to cause
                                       minimum interference with navigable waters and the public's use of the
                                       shoreline.

                                   4.  Piers, floats and docks should be sited and designed to mininfize possible
                                       adverse environment impacts, including potential impacts on littoral drift,
                                       sand movement, water circulation and quality and fish and wildlife habitat.

                                   5.  Piers and docks should allow for a maximum of littoral drift and should
                                       minimize interference with basic geohydraulic-hydraulic processes.

                                   6.  Pier and dock projects are encouraged to provide for public docking,
                                       launching and recreational access.

                                   7.  Local programs and coordinated efforts among private and/or public
                                       agencies should be initiated to remove or repair failing, hazardous or
                                       nonfunctioning piers and docks and restore such facilities and/or shore
                                       resources to a natural and/or safe condition.

                                   8.  Use of natural nonreflective materials in pier and dock construction should
                                       be encouraged. When plastics and other non biodegradable materials are
                                       used, precautions should be taken to ensure their containment.

                                   9.  The proposed size of the structure and intensity of use or uses of any dock,
                                       pier, and/or float should be compatible with the surrounding environment
                                       and land and water uses.
















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                            Regulations -- General

                            1. Proposals for piers or docks shall include at a minimum the following
                                information:

                                a.  Description of the proposed structure, including its size, location,
                                    design and any shoreline stabilization or other modification required by
                                    the project-,

                                b.  Ownership of tidelands, shorelands and/or bedlands;

                                c.  Proposed location of piers, floats, buoys or docks relative to property
                                    lines and OHWM; and

                                d.  Location width, height and length of piers or docks on adjacent
                                    properties within 300 feet.

                            2.  In areas identified as having a high environmental value for shellfish, fish
                                fife or wildlife, piers and docks shall not be allowed except where
                                functionally necessary to the propagation, harvesting, testing or
                                experimentation of said marine fisheries or wildlife, unless approved by
                                conditional use permit and only when it can be conclusively established that
                                the dock or pier will not be detrimental to the natural habitat or species of
                                concern.


                            3.  Piers, floats, buoys and docks shall not significantly interfere with use of
                                navigable waters.

                            4.  The length of piers and docks shall be fin-dted in constricted water bodies to
                                assure navigability and protect public use. Piers and docks may be
                                prohibited where necessary to protect navigation, public use or habitat
                                values.

                            5.  Piers and docks on river shores are prohibited along braided or
                                meandering river channels or where the river channel is subject to change in
                                direction or alignment.

                            6.  All piers and docks shall be constructed and maintained in a safe and sound
                                condition. Abandoned or unsafe docks and piers shall be removed or
                                repaired promptly by the owner. Where any such structure constitutes a
                                hazard to the public, the City/County may, following notice to the owner,
                                abate the structure if the owner fails to do so within ninety days and may
                                impose a lien on the related shoreline property in an amount equal to the
                                cost of the abatement.






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                                   7. All shoreline development must conform to the General Provisions (see
                                      Chapter 5) and the Environment Designation Provisions (see Chapter 6)
                                      stated in this master program.

                                   Regulations -- General Design
                                   and Construction Standards


                                   I .Pilings must be structurally sound prior to placement in the water.

                                   2. Piles, floats or other members in direct contact with water shall not be
                                      treated or coated with biocides such as paint, or pentachlorophenol. Use
                                      of arsentate compounds or creosote treated members is discouraged and
                                      shall only used in accordance %kith the following provisions:

                                      a.  In freshwater, untreated wood, precast concrete or other nontoxic
                                          alternatives shall be used unless the applicant can demonstrate that no
                                          feasible alternative to toxic treatments is available which will provide
                                          the structural characteristics necessary for the project.

                                      b.  In saltwater areas characterized by significant shellfish populations or in
                                          shallow embayments with poor flushing characteristics, untreated
                                          wood, precast concrete or other nontoxic alternatives shall be used
                                          unless the applicant can demonstrate that no feasible alternative to toxic
                                          treated wood is available which will provide the structural
                                          characteristics necessary for the project. In all cases where toxic
                                          treated products are allowed, products, methods of treatment and
                                          installations shall be limited to those that are demonstrated as likely to
                                          result in the least possible damage to the environment based on current
                                          information.

                                   3. No over-water field applications of paint, preservative treatment or other
                                      chemical compounds shall be permitted except in accordance with best
                                      management practices set forth in the marina section of this master
                                      program.

                                   4. Piers shall utilize the minimum number of pilings necessary, favoring large
                                      spans on fewer pilings over smaller spans on more pilings.

                                   5. Pilings employed in piers or any other structure shall have a minimum
                                      vertical clearance of I foot above extreme high water.

                                   6. All docks shall include stops which serve to keep the floats off the bottom
                                      of tidelands at low tide or water level.






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                          7.  If a bulkhead-Re base is proposed for a fixed pier or dock where there is
                              net positive littoral drift, the base shall be built landward of the ordinary
                              high water mark or protective berms.

                          8.  When plastics or other nonbiodegradable materials are used in float, pier or
                              dock construction, precautions shall be taken to insure their containment.

                          9.  Overhead wiring or plumbing is not permitted on piers or docks.

                          10. Lighting should be the minimum necessary to locate the dock at night and
                              should focus downward to rninirnize glare.

                          Regulations -- Joint-Use Community
                          Recreational Piers, Docks and Floats

                          I . All hotels, motels and multi-family residences proposing to provide
                              moorage facilities shall be required to construct a single, joint-use moorage
                              facility provided that the City/County may authorize more than one joint
                              use moorage facility if a single facility would be inappropriate or
                              undesirable given the specific conditions of the site. No more than one slip
                              for every two units shall be allowed.

                          2.  Joint-use facilities are encouraged in-lieu of individual moorage facilities.

                          3.  Proposals for joint-use community piers and docks shall demonstrate and
                              document by contract or covenant that adequate maintenance of the
                              structure and the associated upland area will be provided by identified
                              responsible parties.

                          4.  Recreational floats shall be located as close to the shore as possible. They
                              shall not be located farther waterward than existing floats and established
                              swimming areas.

                          5.  Floats must be built so that the deck surface is I foot above the water's
                              surface and they must have reflectors for nighttime visibility.

                          6.  Single property owner recreational floats shall not exceed 64 square feet.

                          7.  Multiple property owners floats shall not exceed 96 square feet.










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                                  Regulations -- Commercial/Industrial
                                  Facilities

                                  These standards apply to piers and docks intended for any commercial or
                                  industrial use other than commercial moorage of boats in marinas (see Chapter
                                  7 "Boating Facilities", "Commercial Development" and "Industry").


                                  I . Piers and docks wi]l be permitted to the outer harbor line or combined U.S.
                                      Pier head/Bulkhead Line for water-dependent and for multiple use facilities
                                      if the majority use is water-dependent and public access can safely be
                                      provided. The length should be no more than that required for the draft of
                                      the largest vessel expected to moor at the facility. Maximum size of the
                                      pier or dock shall be no greater than necessary to serve the intended use,
                                      and will be determined by the City/County on a case-by-case basis.

                                  2.  Substantial development permits for docks or piers serving single
                                      commercial or industrial enterprises shall not be granted until adjacent
                                      commercial and/or industrial enterprises have been contacted regarding
                                      their water access needs and could realistically make use of a single
                                      moorage facility. Where joint use is feasible, permits for individual
                                      facilities shall not be granted.

                                  3.  Facilities and procedures for receiving, storing, dispensing and disposing of
                                      oil and other toxic products shall be designed to insure that such oil and
                                      other toxic products are not introduced into the water body.

                                  4.  Bulk storage for gasoline, oil and other petroleum products for any use or
                                      purpose is prohibited on piers and docks. Bulk storage means non
                                      portable storage in fixed tanks.

                                  5.  Storage for boat fueling facilities shall be located landward of the OHWM
                                      and meet the applicable policies and regulations for utilities (accessory and
                                      primary), commercial and industrial development.

                                  6.  Spill clean up facilities shall be available for prompt response and
                                      application at all piers and docks involved in oil and hazardous products
                                      transfer.














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                           Regulations -- Residential

                           1. Number

                              a.  New subdivisions with shoreline frontage shall be required to provide
                                  community use docks if any docks are proposed.

                              b.  For lots existing at the time this program is adopted, no more than one
                                  private, non commercial dock for residential or recreational purposes is
                                  permitted for each shoreline lot or parcel or contiguous group of lots or
                                  parcels in one ownership.

                           2. Use of Piers vs. Docks

                              a.  On river shorelines, only docks shall be permitted. Such facilities shall
                                  be securely anchored to pilings to allow for changes in river level and
                                  shall be able to withstand 100-year frequency flooding, or be
                                  seasonably removable.

                              b. The use of docks shall be required in preference to piers in areas where
                                  scenic values are high.

                           3. Size

                              a.  Length: Maximum length of a pier or dock shall be the minimum
                                  necessary to accomplish moorage for the intended boating use and shall
                                  be only so long as to obtain a depth of 4 feet of water as measured at
                                  mean low water in marine waters or as measured at ordinary low water
                                  in fresh water shorelines at the landward limit of the moorage slip.

                              b.  Width: For private, single use docks, maximum length parallel to
                                  shore of the "T" end shall not exceed 10 feet. Maximum width of the
                                  walkway shall not exceed 4 feet and eight 8 feet at the immediate
                                  landing area deck.

                              c.  For community piers and docks, maximum width and length will be as
                                  determined by the City/County on a case-by-case basis.

                              d.  Height: Dock shall not exceed 3 feet in height above OHWM on the
                                  landward side and shall extend above the water surface one I foot at all
                                  other locations.










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                                 4.  Side yard Setbacks: Docks shall be setback a minimum of 10 feet from
                                     side property lines, EXCEPT that community piers and docks may be
                                     located adjacent to or upon a side property line when mutually agreed to by
                                     contract/covenant with the owners of the adjacent property, a copy of
                                     which must be recorded with the County Auditor and filed with the
                                     application for permit.

                                 5.  Density (see also Boating Facilities regulations for facilities with more than
                                     ten moorage spaces).

                                     a. Community docks and piers shall include no more than one moorage
                                        space per dwelling unit or lot.









































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                                 CHAPTER 9
                                 Administration &
                                 Enforcement



                                 Introduction

                                 The best shoreline master program is of little use if it is not effectively
                                 administered. The more clearly that responsibilities and procedures can be
                                 spelled out in this section, the more smoothly existing and new staff can "pick
                                 up the ball and run". There will be less chance for major procedural glitches
                                 and, most importantly, it will help insure more thorough review and evaluation
                                 of proposed actions or violations.

                                 Local government has the primary responsibility for administering the SMA
                                 (see RCW 90.58.050). Consequently, specific details can vary greatly from
                                 one jurisdiction to the next.

                                 In setting permit procedures, local governments should take into account
                                 many important needs. They include environmental protection, efficient
                                 permitting, public involvement, protection of public and private rights,
                                 protection of nearby properties and the staff and expertise available to the
                                 community. Local governments use different procedures for various types
                                 of uses and activities to appropriately balance these needs. For example,
                                 many local government shoreline master programs provide that the planning
                                 staff (e.g. the Shoreline Administrator) decides permits for uses and


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                          activities with little potential for environmental impact and community
                          concern. No hearing is usually required for such projects.

                          Developments and uses with greater potential adverse impacts are classified
                          as conditional uses. Conditional uses require a hearing and are decided by a
                          hearing examiner, a local shorelines hearings board or board of adjustment,
                          or the city or county legislative body. In deciding which body to give the
                          decision making responsibility for conditional uses and variances, local
                          governments should consider the following: First, city and county
                          legislative bodies are typically very busy. Requiring them to review and
                          approve all conditional use permits and variances, particularly in a large
                          jurisdiction, may result in substantial permitting delays and additional work
                          for an already overworked legislative body. Second, city and county
                          legislative bodies are primarily policy makers. They establish policy by
                          adopting shoreline master programs (SMPs) and approving SMP
                          amendments. Deciding permits is an administrative function. It may be
                          better to assign the responsibility for conditional uses and variances to an
                          existing body with permitting expertise, such as a hearing examiner.
                          Ultimately, the decision on which body should decide permits is a local
                          decision, and one that Ecology will respect.

                          Some communities also have a local appeals process. Local governments
                          have the authority to provide for appeals from local permit decisions.
                          However, it is important to remember that the Shoreline Management Act
                          provides a built in appeals process to the Washington State Shorelines
                          Hearings Board. This appeal is available in the case of all decisions to
                          approve or deny shoreline permits.

                          Local appeals provide additional protection to residents and property
                          owners. They also give local legislative authorities the power to review the
                          decisions of staff or hearings examiners. On the down side, they can
                          introduce additional delays into the permitting process.

                          So local appeals processes must be carefully considered. Local appeals are
                          preferable to having every permit approved by both staff or a hearing
                          examiner and a city council or county commission. If a local government
                          decides to adopt a local appeals process they should limit the appeal period
                          to a short period of time, five days is suggested. Only one level of local
                          appeal should be provided.

                          By appropriately classifying uses, streamlining permitting for uses and activities
                          with minor environmental and social impacts, and ensuring that uses and
                          activities with the potential for significant impact receive more intense review,
                          local governments can speed permitting and concentrate resources where
                          intense review is necessary. The uses designated as substantial development



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                                  permits and conditional uses will vary fi7om community to community, as will
                                  the processes, but it is important that each community achieve a balance that
                                  makes sense for that community and that protects the state-wide interest in
                                  shoreline areas.


                                  Model Provisions


                                  General

                                  There is hereby established an administrative system designed to assign
                                  responsibilities for implementation of the shoreline master program ("master
                                  program" or "SMP") and shoreline permit review, to prescribe an orderly
                                  process by which to review proposals and permit applications, and to ensure
                                  that all persons affected by this master program are treated in a fair and
                                  equitable manner.


                                  Administrator


                                  A. The City/County Manager, Planning Director, Public Works Director, etc.,
                                      or his/her designee, hereinafter known as the Administrator, is vested with:

                                      1.  Overall administrative responsibility for this shoreline master program;

                                      2.  Authority to approve, approve with conditions or deny shoreline
                                          substantial development permits and permit revisions in accordance
                                          with the policies and provisions of this master program;

                                      3.  Authority to grant statements of exemption from shoreline substantial
                                          development permits; and

                                      4.  Authority to determine compliancewith RCW 43.2 1 C, State
                                          Environmental Policy Act.

                                  B. The duties and responsibilities of the Administrator shall include:

                                      1.  Specifying the required application forms and submittal requirements
                                          including the type, details and number of copies for substantial
                                          development, conditional use and variance permits. At a minimum, the
                                          application shall include the information required in WAC 173-14-110
                                          or its successor.

                                      2. Advising interested citizens and applicants of the goals, policies,
                                          regulations and procedures of this program.



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                               3. Making administrative decisions and interpretations of the policies and
                                  regulations of this program and the Shoreline Management Act.

                               4. Collecting applicable fees.

                               5. Determining that all applications and required information and materials
                                  are provided.

                               6. Making field inspections, as necessary.

                               7. Reviewing, insofar as possible, all provided and related information
                                  deemed necessary for appropriate application needs.

                               8. Determining if a shoreline substantial development permit, conditional
                                  use permit or variance permit is required.

                               9. Conducting a thorough review and analysis of shoreline Substantial
                                  Development Permit applications making written findings and
                                  conclusions and approving, approving with conditions, or denying such
                                  permits.

                               10. Submitting variance and conditional use permit applications and making
                                  written recommendations and findings on such permits to the
                                  City/County Council for their consideration and official action.

                               11. Assuring that proper notice is given to appropriate persons and the
                                  public for all hearings.

                               12. Providing technical and administrative assistance to the City/County
                                  Council as required for effective and equitable implementation of this
                                  program and the Act.

                               13. Providing a summary report of the shoreline management permits
                                  issued during the past calendar year to the City/County Council in
                                  February of each year. The report should include findings and
                                  conclusions on significant administrative determinations and appeals,
                                  identification of problem areas, emerging issues and recommendations
                                  on how the master program can be improved.

                               14. Investigating, developing and proposing amendments to this program
                                  as deemed necessary to more effectively and equitably achieve its goals
                                  and policies.

                               15. Seeking remedies for alleged violations of this program, the provisions
                                  of the Act, or of conditions of any approved Shoreline Permit issued by
                                  the City/County.




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                                      16. Coordination of information with affected agencies.

                                      17. Forwarding shoreline permits to Ecology for filing or Ecology action.

                                  City/County Hearings
                                  Examiner/City or County Legislative Body

                                  A. The City/County Hearings Exam@iner/Legislative Body is vested with
                                      authority to:

                                      I . Approve, approve with conditions, or deny shoreline variance and
                                          conditional use permits after considering the findings and
                                          recommendations of the Administrator; PROVIDED that any decisions
                                          on this matter made by the Hearings ExaminerALegislative Body may be
                                          further appealed to the State Shorelines Hearings Board as provided for
                                          in the Act-,

                                      2.  Decide local administrative appeals of the Administrator's actions and
                                          interpretations; and

                                      3.  Approve any revisions or amendments to the master program in
                                          accordance with the requirements of the Act and related WACs.

                                  B. The duties and responsibilities of the Hearings ExaminerALegislative Body
                                      shall include:

                                      I . Consideration of variances, conditional uses and administrative appeals
                                          of the Administrator's actions on regular meeting days or public
                                          hearings.

                                      2.  Review of the findings and conclusions for permit applications or
                                          appeals of the Administrator's actions and interpretations.

                                      3.  Approval, approval with conditions, or denial of shoreline variance and
                                          conditional use permits.

                                      4.  Conducting public hearings on appeals of the Administratoes actions,
                                          interpretations and decisions.

                                      5.  Basing all decisions on shoreline permits or administrative appeals on
                                          the criteria established in this master program.

                                      6.  At the discretion of the Council, requiring any applicant granted a
                                          shoreline permit to post a bond or other acceptable security with the
                                          City/County conditioned to assure that the applicant and/or his



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                                   successors in interest shall adhere to the approved plans and all
                                   conditions attached to the shoreline permit. Such bonds or securities
                                   shall have a face value of at least 150 percent of the estimated
                                   development cost including attached conditions. Such bonds or
                                   securities shall be approved as to form by the City/County Attorney.

                               7.  Reviewing and acting upon any recommendations of the Administrator
                                   for amendments to or revisions of this Program. The Council shall
                                   enter findings and conclusions setting forth the factors it considered in
                                   reaching its decision. To become effective any amendments to the
                                   Program must be reviewed and adopted by the Department of Ecology,
                                   pursuant to RCW 90.58.190 and Chapter 173-19 WAC.

                           County Tax Assessor

                           As provided for in RCW 90.58.290, the restrictions imposed upon the use of
                           real property through the implementation of the policies and regulations of the
                           ACT and this master program shall be duly considered by the County Assessor
                           and the County Board of Equalization in establishing the fair market value of
                           such properties.

                           Permit or Exemption Required before
                           Undertaking Development or Activities

                           A. Permits Required.

                               1.  A development, use, or activity shall not be undertaken within the
                                   jurisdiction of the Shoreline Management Act, Chapter 90.58 RCW,
                                   and this shoreline master program unless it is consistent with the policy
                                   and procedures of the Shoreline Management Act, applicable state
                                   regulations and this shoreline master program.

                               2.  A substantial development shall not be undertaken within the
                                   jurisdiction of the Shoreline Management Act, Chapter 90.58 RCW and
                                   this shoreline master program unless a shoreline substantial
                                   development permit has been obtained and the appeal period has been
                                   completed and any appeals have been resolved and/or the applicant
                                   given permission to proceed by the proper authority. "Substantial
                                   Development" shall be defined as it is defined by the Shoreline
                                   Management Act and supplementing provisions of the Washington
                                   Administrative Code. The following developments shall not require a
                                   substantial development permit:





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                                             a.  Any development where the total cost or fair market value,
                                                 whichever is greater, is less than $2,500 and does not materially
                                                 interfere with the normal public use of the waters or shorelines of
                                                 the State.

                                             b.  Normal maintenance or repair of existing structures or
                                                 developments, including damage by accident, fire or elements.
                                                 "Normal maintenance" includes those usual acts to prevent a
                                                 decline, lapse, or cessation from a lawfully established condition.
                                                 "Normal repair" means to restore a development to a state
                                                 comparable to its original condition within a reasonable period after
                                                 decay or partial destruction except where repair involves total
                                                 replacement which is not common practice or the total replacement
                                                 would cause substantial adverse effects to the shoreline resource or
                                                 environment.

                                             c.  Construction of the normal protective bulkhead common to single-
                                                 family residences. A "normal protective" bulkhead is constructed at
                                                 or near the ordinary high water mark to protect a single family
                                                 residence and is for protecting land from erosion, not for the
                                                 purpose of creating land. Where an existing bulkhead is being
                                                 replaced, it shall be constructed no farther waterward of the
                                                 existing bulkhead than is necessary for the construction of new
                                                 footings.

                                             d.  Emergency construction necessary to protect property from
                                                 damage by the elements. An "emergency" is an unanticipated and
                                                 inm-@inent threat to the public health, safety, or the environment
                                                 which requires immediate action within a time too short to allow
                                                 full compliance with this chapter.

                                             e.  Construction and practices normal or necessary for farming,
                                                 irrigation and ranching activities, including agricultural service
                                                 roads and utilities on wetlands, construction of a bam or similar
                                                 agricultural structure and the construction and maintenance of
                                                 irrigation structures including but not limited to head gates,
                                                 pumping facilities and irrigation channels: Provided, that a feedlot
                                                 of any size, all processing plants, other activities of a commercial
                                                 nature, 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, but sh" not include land for growing crops or
                                                 vegetation for livestock feeding and/or grazing, nor shall it include
                                                 normal livestock wintering operations.



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                                  f.  Construction or modification of navigational aids such as channel
                                      markers and anchor buoys.

                                  g.  Construction on wetlands by an owner, lessee or contract purchaser
                                      of a single family residence for his or her own use or for the use of
                                      his/her family, which residence does not exceed a height of 35 feet
                                      above average grade level and which meets all requirements of the
                                      State agency or local government having jurisdiction thereof, other
                                      than requirements imposed pursuant to this Ordinance. "Single-
                                      family residence" means a detached dwelling designed for and
                                      occupied by one fan-ffly including those structures and developments
                                      within a contiguous ownership which are a normal appurtenance.
                                      An "appurtenance" is necessarily connected to the use and
                                      enjoyment of a single-family residence and is located landward of
                                      the perimeter of a marsh, bog, or swamp. Normal appurtenances
                                      include a garage; carport; deck; patio; driveway; utilities; fences;
                                      and grading which does not exceed 250 cubic yards (except to
                                      construct a conventional drainfield when additional filling and
                                      grading may be allowed). Construction authorized by this
                                      exemption shall be located landward of the ordinary high water
                                      mark.

                                  h.  Construction of a dock designed for pleasure craft only, for the
                                      private, non-commercial use of the owner, lessee, or contract
                                      purchaser of a single-family residence, the cost of which does not
                                      exceed $2,500.

                                  i.  Operation, maintenance, or construction of canals, waterways,
                                      drains, reservoirs, or other facilities that now exist or are hereafter
                                      created or developed as part of an irrigation system for the primary
                                      purpose of making use of system waters, including return flow and
                                      artificially stored ground water from the irrigation of lands.

                                  j.  The marking of property lines or comers on state owned lands,
                                      when such marking does not significantly interfere with the normal
                                      public use of the surface of the water.

                                  k.  Operation and maintenance of any system of dikes, ditches, drains,
                                      or other facilities existing on September 8, 1975 which were
                                      created, developed, or utilized primarily as a part of an agricultural
                                      drainage or diking system.

                                  1. Any project with a certification from the Governor pursuant to
                                      Chapter 80.50 RCW.






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                                       3.  If a development, use or activity is listed as a conditional use by this
                                           shoreline master program, such development, use, or activity shall not
                                           be undertaken within the jurisdiction of the Shoreline Management Act,
                                           Chapter 90.58 RCW and this SM? unless a shoreline conditional use
                                           permit has been obtained and the appeal period has been completed and
                                           any appeals have been resolved and/or the applicant given permission
                                           to proceed by the proper authority.

                                       4.  If a development, use or activity cannot comply with the regulations of
                                           this SMP, a shorelines variance must be obtained before
                                           commencement of development or construction or beginning the use or
                                           activity.

                                       5.  If a project includes uses or activities that include both permitted and
                                           conditional uses or a variance is required, the permit shall be heard and
                                           decided by the Hearing Exan-dner/City or County Legislative Body
                                           using the procedures, requirements and criteria for a conditional use
                                           and/or variance.

                                       6.  See WAC 173-14-050 or its successor for a description of how the
                                           permit requirements apply to developments undertaken prior to the
                                           passage of the Shoreline Management Act of 1971.

                                       7.  See WAC 173-14-062 or its successor for a description of how the
                                           permit requirements apply to Federal Agency projects.

                                   B.  Exempt Developments, Uses and Activities.

                                       I . No exempt development, use, or activity shall be undertaken within the
                                           jurisdiction of the Shoreline Management Act, Chapter 90.58 RCW and
                                           this SUT unless a statement of exemption has been obtained from the
                                           Administrator.

                                       2.  The request for the statement of exemption shall be in writing, on forms
                                           required by the Administrator, and include the information required by
                                           the Administrator. In the case of an emergency, the Administrator may
                                           waive this requirement and authorize the use or activity orally or in
                                           writing.

                                       3.  The Administrator shall decide a request for a statement of exemption
                                           within ten calendar days of receiving the request.

                                       4.  The statement of exemption shall be in writing unless an oral
                                           emergency statement of exception is given as proved in B(2) above. If
                                           an oral emergency statement of exemption is given, the Administrator
                                           shall reduce it to writing and send it to the applicant as soon as
                                           possible.


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                             5.  The Administrator shall decide requests for a statement of exemption
                                 based on the provisions of the Shoreline Management Act, the
                                 applicable provisions of the Washington Administrative Code and the
                                 provisions of this SMP. If there are any conflicts between the
                                 Shoreline Management Act or the Washington Administrative Code
                                 and this SMP, the Shoreline Management Act or the Washington
                                 Administrative Code shall control except that where the Washington
                                 Administrative Code grants local governments the authority to more
                                 specifically define exempt uses and activities those definitions contained
                                 in subpart A(2) of this section shall control.

                             6.  Those uses and activities which are exempted from the requirement to
                                 obtain a substantial development permit by subpart A(2) of this section
                                 above are exempt from the requirement to obtain a shoreline permit
                                 unless they are listed as conditional uses or cannot comply with the
                                 regulations of this SMP, then a shorelines conditional use permit or
                                 variance is required.

                             7.  The exemptions in subpart A(2) above are to be construed narrowly.

                             8.  Exempt developments and activities shall comply with the Shoreline
                                 Management Act and the SMP. The Administrator shall condition
                                 statements of exemption to ensure the exempt development or activity
                                 complies with the Shoreline Management Act and the SMP.

                             9.  Whenever a development falls with the exemptions from the
                                 requirement to obtain a shorelines permit and development is subject to
                                 a U.S. Corps of Engineers Section 10 permit under the Rivers and
                                 Harbors Act of 1899 or a Section 404 permit under the Federal Water
                                 Pollution Control Act of 1972, the Administrator shall prepare a letter
                                 addressed to the applicant and Ecology, exempting the development
                                 from the substantial development permit requirements of chapter 90.58
                                 RCW. The exemption shall be in substantially the same form as the
                                 exemption format in WAC 173-14-115 or its successor. This letter
                                 shall substitute for the statement of exemption required by B(1) above.


                          Fees

                          A fifing fee in an amount established by the City/County Legislative Body by
                          resolution shall be paid to the City/County at the time of appfication. After the
                          fact permit fees will be triple the normal amount.








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                                     Permit Application

                                     The Administrator shall provide the necessary application forms for shoreline
                                     substantial development, conditional use and variance permits. The applicant
                                     shall provide, at a minimum, the following information as required in WAC
                                     173-14-110:


                                     A. Site Plan drawn to scale and including:

                                         1. Site boundary;

                                         2.  Property dimensions in vicinity of project;

                                         3.  Ordinary high water mark;

                                         4.  Typical cross section or sections showing:

                                             a. existing ground elevation

                                             b. proposed ground elevation

                                             c. height of existing structures

                                             d. height of proposed structures

                                         5.  Where appropriate, proposed land contours using five-foot intervals in
                                             water area and 10-foot intervals on areas landward of ordinary high
                                             water mark, if development involves grading, cutting, filling, or other
                                             alteration of land contours;

                                         6.  Show dimensions and location of existing structures which will be
                                             maintained;

                                         7.  Show dimensions and locations of proposed structures; parking and
                                             landscaping;

                                         8.  Identify source, composition and volume of fill material;

                                         9.  Identify composition and volume of any extracted materials, and
                                             identify proposed disposal area;

                                         10. Location of proposed utilities, such as sewer, septic tanks and drain
                                             fields, water, gas and electricity;

                                         11. If the development proposes septic tanks, they must comply with local
                                             and state health regulations;

                                         12. Shoreline designation according to the master program; and


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                            13. Show which areas are shorelines and which are shorehes of state-wide
                                significance.

                        B. Vicinity Map

                            I . Indicate site location using natural points of reference (roads, state
                                highways, prominent landmarks, etc.).

                            2.  If the development involves the removal of any soils by dredging or
                                otherwise, identify the proposed disposal site on the map. If disposal
                                site is beyond the confines of the vicinity map, provide another vicinity
                                map showing the precise location of the disposal site and its distance to
                                nearest city or town.

                            3.  Give brief narrative description of the general nature of the
                                improvements and land use within 1,000 feet in all directions from
                                development site.

                        C. Adjacent Land Owners

                            1. Provide names and addresses of all real property owners within 300
                                feet of property where development is proposed.

                        D. Completed Application

                            1. Completed application and supporting documents for each 9horeline
                                pern-dt shall be submitted to the Administrator for processing and
                                review. Any deficiencies in the appfication or documents shall be
                                corrected by the applicant prior to further processing.

                        Shoreline Substantial Development Permit
                        Process


                        A.  Applicability. This section applies to all applications for shorelines
                            substantial development permits.

                        B.  Purpose. A shoreline substantial development permit is a mechanism
                            through which the City/County can determine if a proposed project
                            complies with the State of Washington Shoreline Management Act (SMA),
                            Chapter 90.58 RCW and the City/County Shoreline Master Program. To
                            ensure compliance with the SMA and the SMP, special conditions on the
                            development may be required.

                        C. Shoreline Substantial Development Permit Review Procedure.




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                                     1 . The applicant shall submit a completed application, a site plan, the
                                         required fees and a SEPA Checklist, if required, to the Administrator.
                                         The applicant may be any natural or artificial person.

                                     2.  The Administrator shall review the application and determine if it is
                                         complete. The application shafl not be deemed filed untH the
                                         Administrator determines the application is complete and afl required
                                         fees are paid. If the application is not complete, the Administrator shall
                                         contact the applicant and request the needed information or fee.

                                     3.  Within five days of the filing of the application, the Administrator shall
                                         provide a copy of the application to the SEPA responsible official who
                                         makes SEPA determinations for shoreline permit applications.

                                     4.  SEPA review shall be conducted as provided by the City/County SEPA
                                         policies and regulations. To make permitting more efficient, the
                                         required SEPA notices should be included with the shorelines notice
                                         when possible. The SEPA documents should be circulated with permit
                                         documents where possible as provided in 5(c) below.

                                     5.  After a SEPA exemption, SEPA Determination of Nonsignificance, or
                                         SEPA Final Environmental Impact Statement is issued for an
                                         application; the Administrator shall publish a notice of the shorelines
                                         application on same day of the week for two consecutive weeks.

                                         a. The notices shall include the information required by WAC
                                            173-14-070 or its successor.

                                         b. If the application is not exempt from SEPA and no prior SEPA
                                            notice has been given, the notices shall include the SEPA
                                            determination and a note to the effect that comments on the SEPA
                                            determination and SEPA documents may be made at the hearing.

                                         c. The Administrator shall mail notice of the application to the
                                            applicant, the property owner and each person identified by the real
                                            property records of City/County as the owner of real property
                                            within 300 feet of any boundary of the subject property and of any
                                            contiguous property owned by the owner of the land on which the
                                            proposal will be sited.

                                         d. Failure to receive a properly mailed notice shall not affect the
                                            validity of any testimony or the legality of any action taken.

                                         e. The Administrator shall send a copy of the SEPA documents, the
                                            application and site plan to State of Washington Department of
                                            Ecology, Environmental Review Section, P. 0. Box 47703,
                                            Olympia, Washington, 98504-7703. The Administer shall also send


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                                      a copy of the SEPA documents and the application and site plan to                     is
                                      any local, state, or federal agency which, in the opinion of the
                                      administrator, may be affected by the project or is an agency with
                                      jurisdiction under SEPA. The appfication shaU be circulated to the
                                      agencies on or before the day of the second publication of the
                                      notice of shorelines application. If the SEPA documents have
                                      already been circulated, this step is not required.

                                  f.  An affidavit or affidavit(s) attesting that the notice has been
                                      properly published and properly mailed shall be completed and
                                      included in the application file.


                           Notes to Master Programmers

                           RCW90.58.140(4) provides that notice of shoreline substantial developments
                           shall be given by publishing notice of the application on the same day of the
                           weekfor two consecutive weeks in a legal newspaper ofgeneral circulation
                           within the area in which the development is proposed and any one of the
                           following.-

                           1. Mailing notice of the application to all persons who own property within
                              300feet of the project;

                           2. Posting the notice in a conspicuous manner on property on which the
                              project is proposed; or

                           3. Any other manner deemed appropriate by local authorities.


                           7he local government shoreline master program should specify the notice the
                           local government will use. These sample procedures provide for mailing
                           notice to property owners within 300feet (see Item 5c above), but any other
                           method authorized by RCW 90.58.140(4) may be included in the SMP and
                           used by the local government.

                              6.  On the day of the second publication of the notice of the shoreline
                                  application, the public comment period begins. During this comment
                                  period, the City/County will receive written comments on the proposed
                                  application. The City/County will not make a decision on the permit
                                  until after the end of the comment period.

                                  a. A thirty-day public comment period shall be given for shoreline
                                      permits, except as provided in b below.






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                                           b.   The public comment period shall be twenty days for substantial
                                                development permits for limited utility extensions or erosion
                                                protection measures to protect a single-family residence and
                                                appurtenant structures. RCW 90.58.140(13)(b) defines a limited
                                                utility extension as the extension of natural gas, electricity,
                                                telephone, water, or sewer service where all of the following are
                                                met:


                                                i. The extension is categorically exempt under the Washington
                                                   State Environmental Policy Act (SEPA) (see WAC 197-11 -
                                                   800(24) for the utility improvements which are categorically
                                                   exempt under SEPA);

                                                ii. The extension will serve existing uses that are in compliance
                                                   with the Shoreline Management Act; and

                                                iii. The project does not involve the construction of more than
                                                   2,500 linear feet of utility lines or pipes within shoreline
                                                   jurisdiction.

                                       7. After the thirty-day comment period has ended, the Administrator shall
                                           decide the application.

                                           a.   The Administrator shall decide the application within fifteen days of
                                                the end of the comment period unless the applicant and any adverse
                                                parties agree in writing to an extension of time. All extensions must
                                                be to a specific date.

                                           b.   For substantial development permits for lin-dted utility extensions or
                                                erosion protection measures to protect a single-family residence and
                                                appurtenant structures, the Administrator shall decide whether to
                                                approve or deny the application within twenty-one days of the last
                                                day of the public comment period whether or not the applicant has
                                                granted a time extension.

                                           c.   Decisions on applications for shorelines substantial development
                                                pen-nits shall be based on the decision criteria in subsection G
                                                below. The applicant has the burden of proof to show the proposal
                                                complies with the decision criteria and all applicable requirements.
                                                See RCW 90.58.140(7).

                                           d.   The Administrator may place conditions on the proposal.

                                           e.   The Administrator may require additional information if necessary
                                                to decide the permit.





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                                  f   The Administrator shall adopt findings of fact and conclusions
                                      which support the decision and any required conditions. The
                                      findings of fact and conclusions should be included in the
                                      Administrator's final order.

                                  g. The permit, whether approved or denied, shall be in the form
                                      required by WAC 173-14-120 or its successor.

                              8.  The decision of the Administrator and the findings of fact and
                                  conclusions shall be reduced to writing and mailed to the applicant,
                                  Ecology and the Washington State Attorney General. The permit must
                                  be received by Ecology within eight days of the date of the decision.

                                  a.  The Administrator shall mail the applicant the original of the
                                      completed permit form and the findings of fact and conclusions.

                                  b.  The Administer shall mail Ecology and the Attorney General the
                                      completed permit form, the findings of fact and conclusions and the
                                      other information required by WAC 173-14-090 or its successor.
                                      The required information is listed in a separate section below.

                                  c.  Within eight days of the date of the decision, the Administrator
                                      shall also mad the completed permit form and the findings of fact
                                      and conclusions to any person who requested notice of the decision
                                      on the permit.

                                  d.  For a limited utility extension or erosion protection measure to
                                      protect a single-family residence and appurtenant structures
                                      only: If anyone requests a copy of the permit decision during the
                                      twenty-day comment period for the substantial development permit,
                                      the Administrator shall mail the completed permit form and the
                                      findings of fact and conclusions to any persons requesting it within
                                      two days of the decision.

                          D. Thirty-Day Appeal Period.

                              1.  On the day the permit or variance (whether approved or denied) and
                                  other information required by WAC 173-14-090 or its successor are
                                  received by Ecology and the Attorney General, the thirty-day appeal
                                  period begins. Ecology generally sends a letter to the Administrator
                                  and the applicant informing them of the date the application was
                                  received.

                              2.  During the thirty-day appeal period, the local government decision on
                                  the permit may be appealed to the Washington State Shorelines
                                  Hearings Board as provided by RCW 90.58.180 and Chapter 461-08
                                  WAC.



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                                  E.  Commencement of Activity. If a permit is approved, the applicant or any
                                      other party authorized to conduct activities or uses by the decision shall not
                                      begin construction, development, or any authorized use or activity until
                                      after the thirty-day appeal period established by subsection D above is over
                                      and any appeals concluded. Construction or use may occur during the time
                                      a judicial appeal is underway provided: (1) the permit was approved by the
                                      local government and the State of Washington Shorelines Hearings Board
                                      and (2) permission is granted for the construction, use or activity under
                                      RCW 90.58.140(5)(b) or its successor.

                                  F. Effect of Decision.

                                      1. The decision of the Administrator on the application is the final
                                          decision of the City/County.

                                      2. The Administrator's decision shall not be reconsidered, except as a new
                                          application.

                                  G.  Shoreline Substantial Development Permit Decision Criteria. The
                                      Administrator may approve or approve with conditions or modifications an
                                      application for a shoreline substantial development permit if the
                                      Administrator finds the development proposal is consistent with aU of the
                                      following criteria.

                                      1. The proposal is consistent with the policies and procedures of the
                                          Shoreline Management Act of 197 1, as amended.

                                      2.  The proposal is consistent with the provisions of WAC 173-14 or its
                                          successor.


                                      3.  The proposal is consistent with the City/County Shoreline Master
                                          Program.

                                      4.  The cumulative impact of additional past and future requests for like
                                          actions in the area will not result in substantial adverse effects on the
                                          shoreline environment and shoreline resources.

                                      5.  The proposal complies with all other applicable requirements, criteria
                                          and standards of the City/County.












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                         Notes to Master Programmers

                         7he Washington Supreme Court held that the Shoreline Management Act
                         requires local governments to consider the cumulative impacts of the
                         proposed development and similar developments on the environment when
                         deciding and conditioningpermits. Hayes v. Yount, 87 Wash. 2d 280, 284-88,
                         552 P. 2d 1038, 1043 (19 76).


                         Shoreline Conditional Use Permit and Variance
                         Review Process


                         A.  This section applies to all applications for shoreline conditional use permits
                             and shoreline variances. Where a development includes several uses or
                             activities and one or more uses or activities require a shoreline conditional
                             use permit, all uses and activities shall be processed and decided following
                             the shoreline conditional use procedures.

                         B. Purposes.

                             1.  The purpose of a shoreline conditional use permit is to allow greater
                                 flexibility in the application of the use regulations of the shorefine
                                 master program in a manner consistent with the policies of RCW
                                 90.58.020. Conditional use permits should be granted in a
                                 circumstance where denial of the permit would result in a thwarting of
                                 the policy enumerated in RCW 90.58.020. Where necessary, special
                                 conditions may be required on the development or on the use of land or
                                 water.


                             2.  The purpose of a variance is strictly limited to granting relief from
                                 specific bulk, dimensional or performance standards set forth in the
                                 applicable SNIP where there are extraordinary or unique circumstances
                                 relating to the property such that the strict implementation of the
                                 master program will impose unnecessary hardships on the applicant or
                                 thwart the policies set forth in RCW 90.58.020.

                         C. Conditional Use Permit and Variance Review Procedure.

                             1. The applicant shall submit an application, any required fees, and a
                                 SEPA Checklist, if required, to the Administrator. The applicant may
                                 be any natural or artificial person, including associations.

                                 a. The Administrator shall review the application and determine if it is
                                    complete. The application shall not be deemed filed until the



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                                                Administrator determines the application is complete and all
                                                required fees are paid.

                                            b.  The Administrator may establish deadlines for applications.

                                            c.  The Hearing Exan-dner/City or County Legislative Body may limit
                                                the number of applications to be considered at a meeting -as part of
                                                the rules of procedure.

                                        2.  Within five days of the filing of the application, the Administrator shall
                                            provide a copy of the application to the SEPA responsible official who
                                            makes SEPA determinations for shorelines conditional use permit and
                                            shorelines variance applications.

                                        3.  SEPA review shall be conducted as provided by the City/County SEPA
                                            policies and procedures.

                                            a.  To make permitting more efficient, the required SEPA notices
                                                should be included with the shorelines notices when possible. The
                                                SEPA documents should be circulated with permit documents
                                                where possible as provided in 5(c) below.

                                            b.  For conditional uses and variances, Ecology is an agency with
                                                jurisdiction. This means that a SEPA Detern-dnation of
                                                Nonsignificance requires a fifteen-day comment period. The
                                                fifteen-day comment period shall be given during the thirty-day
                                                shoreline permit public comment period.

                                    Notes to Master Programmers

                                    Having the SEPA and shoreline permit public comment periods run during the
                                    same time allows the local government to include the SEPA notice in the
                                    shoreline notice, to reduce permit processing time over having separate SEPA
                                    and shoreline public comment periods, and to save money because of reduced
                                    staff limefor giving notice and reducedpublication costs.)

                                        4.  After a SEPA exemption, SEPA Determination of Nonsignificance, or
                                            SEPA Final Environmental Impact Statement is issued for an
                                            application; the Administrator shall schedule a public hearing for the
                                            next Hearing Exan-dner/City or County Legislative Body meeting where
                                            the application can be accommodated, notice given and the thirty-day
                                            comment period allowed to occur.

                                        5. The Administrator shall publish a notice of the shorelines application on
                                            the same day of the week for two consecutive weeks.




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                                  a.  The notices shall include the information required by subsection
                                      G(I).

                                  b.  The Administrator shall mail notice of the application to the
                                      applicant, the property owner and each person identified by the real
                                      property records of City/County as the owner of real property
                                      within 300 feet of any boundary of the subject property and of any
                                      contiguous property owned by the owner of the land on which the
                                      proposal will be sited.

                                  c.  The Administrator shall send a copy of the SEPA documents, the
                                      application and site plan to State of Washington Department of
                                      Ecology, Environmental Review Section, P. 0. Box 47703,
                                      Olympia, Washington, 98504-7703. The Administer shall also send
                                      a copy of the SEPA documents and the application and site plan to
                                      any local, state, or federal agency which, in the opinion of the
                                      administrator, may be affected by the project or is an agency with
                                      jurisdiction under SEPA. The application shall be circulated to the
                                      agencies on or before the day of the second publication of the
                                      notice of shorelines application. If the SEPA documents have
                                      already been circulated, this step is not required.

                              6.  On the day of the second publication of the notice of shorelines
                                  application, a thirty-day comment period begins. During this comment
                                  period, the City/County will receive written comments on the proposed
                                  application. The City/County will not make a decision on the permit
                                  until after the end of the comment period.

                              7.  The Administrator shall prepare a staff report identifying the approval
                                  criteria, providing available information on the application, analyzing
                                  the proposal, making a recommendation on the proposal, making
                                  recommended findings of fact and conclusions and including any other
                                  information or recommendations which the Administrator believes are
                                  appropriate. The Administrator shall send a copy of the staff report to
                                  the applicant and the Hearing Examiner/City or County Legislative
                                  Body at least seven days before the public hearing on the application.

                           Notes to Master Programmers

                           "ile not required by law or regulation, staff reports are valuable aids to
                           applicants and decisions makers because they identify the approval criteria
                           and whether the proposalfils the criteria. Considering staff reports in permit
                           processing procedures is important if a local government has staff available
                           to prepare the reports.





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                                        8.  After the thirty-day comment period has ended, the Hearing
                                            Examiner/City or County Legislative Body shall conduct a public
                                            hearing on the application. The public hearing shall be conducted as
                                            provided in subsection H. At the hearing, the Hearing
                                            Examiner/members of the City or County Legislative Body may request
                                            such additional information as is reasonably necessary to evaluate the
                                            application.

                                        9.  After the public hearing has concluded, the Hearing Examiner/City or
                                            County Legislative Body shall decide the application.

                                            a.  The decision may be made at the same public meeting as the pubfic
                                                hearing or at another public meeting. The Hearing Examiner/City
                                                or County Legislative Body shall decide the application within
                                                thirty-two days of the initial public hearing date unless the applicant
                                                and any adverse parties agree in writing to an extension of time.

                                            b.  Decisions on applications for shorelines conditional use permits
                                                shall be based on the decision criteria in subsection D. Decisions on
                                                applications for shorelines variances shall be based on the decision
                                                criteria in subsection E and the limitation on the authority to grant
                                                shoreline variances in subsection F.

                                            c.  The applicant has the burden of proof to show the proposal
                                                complies with the decision criteria and all applicable requirements.
                                                See RCW 90.58.140(7).

                                            d.  The Hearing Examiner/City or County Legislative Body may
                                                condition the proposal.

                                            e.  The Hearing Examiner/City or County Legislative Body shall adopt
                                                findings of fact and conclusions which support the decision and any
                                                required conditions. The findings of fact and conclusions should be
                                                included in the final order.

                                        10. The decision of the Hearing Examiner/City or County Legislative Body
                                            and the findings of fact and conclusions shaU be reduced to writing and
                                            mailed by the Administrator to the applicant, Ecology and the
                                            Washington State Attorney General. The permit must be received by
                                            Ecology within eight days of the date of the decision.

                                            a. The permit, whether approved or denied, shall be in the form
                                                required by WAC 173-14-120 or its successor.

                                            b. The Administrator shall mail the applicant the original of the
                                                completed permit form and the findings of fact and conclusions.



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                                   c.  The Administer shall mail Ecology and the Washington State
                                       Attorney General the completed permit form, the findings of fact
                                       and conclusions and the other information required by WAC
                                       173-14-090 or its successor. The required information is fisted in a
                                       separate section below.

                                   d.  Within eight days of the date of the decision, the Administrator
                                       shall also mail the completed permit form and the findings of fact
                                       and conclusions to any person who requested notice of the decision
                                       on the permit.

                               11. Department of Ecology Review of Approved Permits/Variances.

                                   Ecology shall approve, approve with conditions, or deny all shoreline
                                   conditional use permits and shoreline variances approved by local
                                   governments. Ecology's decision must be made within thirty days of
                                   the date the permit or variance and other information required by WAC
                                   173-14-090 or its successor are received by Ecology and the
                                   Washington State Attorney General. Ecology wfll sent a letter to and
                                   the applicant informing them of the decision on the permit or variance.

                               12. Thirty-day Appeal Period.
                                   a.  If the permit or variance was denied by the local government, the                   is
                                       thirty-day appeal period begins on the day the denied permit or
                                       variance and other information required by WAC 173-14-090 or its
                                       successor are received by Ecology and the Washington State
                                       Attorney General. Ecology generally sends a letter to the
                                       Administrator and the applicant informing them of the date the
                                       application was received.

                                   b.  If the permit or variance was approved by the local govemment, the
                                       thirty-day appeal period begins on the day the permit or variance is
                                       approved or denied by Ecology.

                                   c.  During the appeal period, the local government and/or Department
                                       of Ecology decision on the permit may be appealed to the
                                       Washington State Shorelines Hearings Board as provided by RCW
                                       90.58.180 and Chapter 461-08 WAC.

                               13. Commencement of Activity.

                                   If a permit is approved, the applicant or any other party authorized to
                                   conduct activities or uses by the decision shall not begin construction,
                                   development, or any authorized use or activity until after the thirty-day
                                   appeal period established by subsection I I (b) above is over and any
                                   appeals concluded. Construction or use may occur during the time a


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                                            court appeal is underway provided: (1) the permit was approved by the
                                            local government and the State of Washington Shorelines Hearings
                                            Board and (2) permission is granted for the construction, use or activity
                                            under RCW 90.58.140(5)(b) or its successor.

                                         14. Effect of Decision.

                                            a. The decision of the Hearing Examiner/City or County Legislative
                                                Body on the application is the final decision of the City/County,

                                            b. The Hearing Examiner/City or County Legislative Body decision
                                                shall not be reconsidered, except as a new application.

                                    D. Conditional Use Permit Decision Criteria.


                                        I   For uses which are listed in this SNP as conditional uses in the
                                            environment in which they are proposed to be located; the Hearing
                                            Exan-@iner/City or County Legislative Body may approve or approve
                                            with conditions or modifications an application, subject to approval by
                                            Ecology, if the decision maker finds the applicant has demonstrated the
                                            development proposal is consistent with all of the following criteria.

                                            a.  The proposed use or activity is consistent with the policies of RCW
                                                90.58.020 and the policies of the SNP: provided, that conditional
                                                use permits should also be granted in a circumstance where denial
                                                of the permit would result in a thwarting of the policy enumerated
                                                in RCW 90.58.020.

                                            b.  The proposed use or activity will not interfere with the normal
                                                public use of public shorelines.

                                            c.  The proposed use of the site and design of the project is compatible
                                                with other allowed uses with the area.

                                            d.  That the proposed use will cause no unreasonably adverse effects to
                                                the shoreline environment in which it is to be located.

                                            e.  The public interest will suffer no substantial detrimental effect.

                                            f.  In the granting of all conditional use permits, consideration shall be
                                                given to the cumulative impact of additional requests for like
                                                actions in the area. For example, if conditional use permits were
                                                granted for other developments in the area where similar
                                                circumstances exist, the total of the conditional uses shall also
                                                remain consistent with the policies of RCW 90.58.020 and shall not
                                                produce substantial adverse effects to the shoreline environment.




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                                 g. The proposal complies with all other applicable requirements,
                                     criteria and standards of the City/County.

                             2.  For uses which are not listed as pennitted or conditional uses in this
                                 SNP, the Hearing Exam@iner/City or County Legislative Body may
                                 approve or approve with conditions or modifications an application,
                                 subject to approval by Ecology, if the decision maker finds the
                                 applicant has demonstrated the development proposal is consistent with
                                 all of the following criteria.

                                 a.  The proposed development meets aU of the criteria in subsection
                                     (1) above.

                                 b.  Extraordinary circumstances preclude reasonable use of the
                                     property in a manner consistent with the use regulations of the
                                     SNT.

                                 c.  The use is not specifically prohibited by the SNT.

                         E. Variance Decision Criteria.

                             1.  The Hearing Examiner/City or County Legislative Body should
                                 approve variances in a circumstance where denial of the application
                                 would result in a thwarting of the policy enumerated in RCW
                                 90.58.020. In all instances extraordinary circumstances shaU be shown
                                 and the public interest shall suffer no substantial detrimental effect.

                             2.  Applications for variances where the development authorized by the
                                 variance will be located landward of the ordinary high water mark,
                                 except within marshes, bogs or swamps, may be approved or approved
                                 with conditions or modifications by the Hearing Examiner/City or
                                 County Legislative Body, subject to approval by Ecology, if the
                                 decision maker finds the applicant has demonstrated compliance with
                                 all of the following criteria and subsections (1) and (4) of this section.

                                 a.  That the strict application of the bulk, dimensional or performance
                                     standards set forth in this SNV precludes or significantly interferes
                                     with a reasonable use of the property not otherwise prohibited by
                                     the SNT.

                                 b.  That the hardship described in 2(a) above is specifically related to
                                     the property, and is a result of unique conditions such as irregular
                                     lot shape, size, or natural features and the application of the SNP,
                                     and not, for example, from deed restrictions or the applicant's own
                                     actions.






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                                          c.  That the design of the project is compatible with other allowed
                                              activities and uses in the area and will not cause adverse effects to
                                              adjacent properties or the shoreline environment.

                                          d.  The variance will not constitute a grant of special privilege not
                                              enjoyed by the other properties in the area, and is the minimum
                                              necessary to afford relief.

                                          e.  The public interest will suffer no substantial detrimental effect.

                                      3.  Applications for variances where the development authorized by the
                                          variance will be located either waterward of the ordinary high water
                                          mark or within marshes, bogs or swamps, may be approved or
                                          approved with conditions or modifications by the Hearing
                                          Examiner/City or County Legislative Body, subject to approval by
                                          Ecology, if the decision maker finds the applicant has demonstrated
                                          compliance with all of the following criteria and subsections (1) and (4)
                                          of this section.

                                          a.  That the strict application of the bulk, dimensional or performance
                                              standards set forth in this SNP precludes a reasonable use of the
                                              property not otherwise prohibited by the SNT.

                                          b.  That the proposal is consistent with the criteria established under
                                              (2)(b) through (e) of this section.

                                          c.  That the publicrights of navigation and use of the shorelines'will
                                              not be adversely affected.

                                      4.  In the granting of all variances, the Hearing Examiner/City or County
                                          Legislative Body shall consider the cumulative impact of additional
                                          requests for like actions in the area. For example, if variances were
                                          granted for other developments in the area where sin-dlar circumstances
                                          exist, the total of the variances shall also remain consistent with the
                                          policies of RCW 90.58.020 and shall not produce substantial adverse
                                          effects to the shoreline environment.

                                  F. Limitation on Authority to Grant Variances.

                                      The Hearing Examiner/City or County Legislative Body shall not grant a
                                      variance for the following purposes.

                                      I . To allow a use other than a use specifically listed as a permitted use or
                                          conditional use in the shoreline environment in which the subject
                                          property is located. Variances shall not be approved to allow an
                                          unlisted or unclassified use in any location. A conditional use permit
                                          may be used to allow an unlisted use. See subsection D(2).,



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                                2. Any provision of the SNT which by the terms of the SNT regulations
                                    is not subject to a variance.

                                3. Any adn-dnistrative or procedural provision of the SUR

                           G. Notice of Application and Public Hearing.

                                1. Content of the Public Notice.

                                    a.  The notice shall include the informatiod required by WAC
                                        173-14-070 or its successor.

                                    b.  If the application is not exempt from SEPA and no prior SEPA
                                        notice has been given, the notices shall include the SEPA
                                        determination and a note to the effect that comments on the SEPA
                                        determination and SEPA documents may be made at the hearing.

                                    c.  The date, time and place of the public hearing.

                                    d.  A statement of the right of any person to participate in the public
                                        hearing as provided in Section 11.65.120 and the ways they may
                                        participate.

                                2.  Failure to receive a properly mailed notice shall not affect the validity
                                    of any testimony or the legality of any action taken.

                                3.  Affidavits of Public Notice. An affidavit or affidavit(s) attesting that
                                    the notice has been properly published and properly mailed shall be
                                    completed and included in the application file.

                                4.  If the hearing date is changed for any reason and the hearing has not be
                                    opened by the Hearing Examiner/City or County Legislative Body, a
                                    new notice shall be given which includes the date, time and place of the
                                    public hearing. The notice shall be mailed and published at least ten
                                    days before the new hearing. Notice shall be given in the same manner
                                    as the notice for the original hearing.

                            H. Conduct of Public Hearings.

                                1. Who may participate? Any person may participate in the public
                                    hearing.

                                2. How to Participate. Any person may participate in the public hearing in
                                    either or both of the following ways.

                                    a. By submitting written comments to the Administrator before the
                                        public hearing. The Administrator shall transmit all written



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                                             comments received before the public hearing to the Hearing
                                             Examiner/City or County Legislative Body no later than the public
                                             hearing.

                                         b.  By submitting written comments or making oral comments to the
                                             Hearing Examiner/City or County Legislative Body at the public
                                             hearing.

                                      3. Hearing Record.

                                         a.  The Administrator shall make an electronic sound recording of each
                                             hearing. The Administrator shall retain the electronic sound
                                             recording of the hearing for six months.

                                         b.  When ever practicable, all documentary evidence presented at a
                                             hearing as well as all other types of physical evidence shaU be made
                                             a part of the record of the proceedings and shall be kept by the
                                             Administrator for six months.

                                      4. Continuation of Hearing.

                                         The Hearing Examiner/City or County Legislative Body may continue
                                         the hearing until a subsequent meeting and may keep the hearing open
                                         to take additional information up to the point the decision is made. No
                                         further notice of a continued hearing need be given unless a period of
                                         nine weeks or more elapses between hearing dates.

                                      5. Time Limits.

                                         The Hearing Exarniner/City or County Legislative Body may place
                                         reasonable and equitable limitations on testimony, the presentation of
                                         evidence and arguments and questions so the matter at issue may be
                                         heard and decided without undue delay.

                                  Required Information When Forwarding
                                  Permits to Ecology and Attorney General

                                  The Administrator shall mail Ecology and the Washington State Attorney
                                  General the following information for each permit application (whether the
                                  permit is approved or denied):

                                  A. A copy of the original application.

                                  B. A copy of the affidavits of public notice.

                                  C. A copy of the site plan.



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                         D.  A copy of the vicinity map.

                         E.  A copy of the completed permit form (whether the permit is approved or
                             denied).

                         F.  A copy of the Hearing Examiner/City or County Legislative Body's final
                             order, which should include the findings of fact and conclusions. If the
                             findings of facts and conclusions are in a separate document, that should be
                             included as well.

                         G. Any SEPA documents for the project.

                         H. Any staff report prepared for the permit.


                         Permit Time Limits

                         The City/County may issue permits with termination dates of up to five years,
                         with the option to extend a permit for an additional year. If a permit does not
                         specify a termination date, the following requirements apply.

                         A. Substantial Progress Towards Completion of Project Required within Two
                             Years.


                             I . Substantial progress towards completion of a permit shall be
                                 undertaken within two years of the date the local government approves
                                 the permit. Substantial progress shall include all of the following,
                                 where applicable: The making of contracts; signing of notice to
                                 proceed; completion of grading and excavation; and the laying of major
                                 utilities; or, where no construction is involved, commencement of the
                                 activity.

                             2.  The Administrator may authorize one time extension of up to one year.
                                 The decision shall be based on reasonable factors which would justify
                                 the extension. The request for the extension must be filed with the
                                 Administrator before the end of the time limit. Before deciding the
                                 request for the extension, the City/County shall give notice to the
                                 applicant, all parties of record and Ecology.

                         B. Approved Permits Terminate in Five Years.

                             1. The authorization granted by an approved permit to construct any
                                 structure or conduct any use or activity shall terminate five years after
                                 the date the permit is approved by the City/County.

                                 a. Where an approved permit authorizes the construction of a
                                    structure or facility, the use and maintenance of the structure or



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                                             facility may continue after the five period provided the structure
                                             was completed during the five year time limit or any approved
                                             extension.

                                         b.  Where an approved permit authorizes a use or activity which does
                                             not require a structure, such as mining or maintenance dredging, the
                                             use or activity shall cease at the end of the five year limit or any
                                             extension granted under subsection B(2) of this section below.

                                      2. The Administrator may authorize one time extension of up to one year.
                                         The decision shall be based on reasonable factors which would justify
                                         the extension. The request for the extension must be filed with the
                                         Administrator before the end of the time limit. Before deciding the
                                         request for the extension, the Administrator shaU give notice to the
                                         applicant, all parties of record and Ecology.

                                  C.  Time Periods Do Not Run During Appeals. The time periods in
                                      subsections A and B of this section shall not include the time during which
                                      a use or activity was not actually pursued due to the pendency of
                                      reasonably related administrative appeals or litigation.

                                  D.  Revisions to permits may be authorized after the original permit has
                                      expired under subsection B of this section, provided that this procedure
                                      shall not be used to extend the original permit time requirements.

                                  E.  Where a permit is conditioned, the conditions shall be satisfied prior to
                                      occupancy or use of a structure or prior to commencement of a
                                      nonstructural activity provided that an alternative compliance limit may be
                                      specified in the permit.


                                  Revision of Permits

                                  When an applicant desires to revise a permit, the applicant must submit
                                  detailed plans and text describing the proposed changes. If the Administrator
                                  determines that the revisions proposed are within the scope and intent of the
                                  original permit, consistent with WAC 173-14-064, the Administrator may
                                  approve the revision. "Within the scope and intent of the original permit"
                                  means all of the following:

                                  A. No additional over-water construction is involved, except that pier, dock
                                      or float construction may be increased by 500 square feet or 10 percent,
                                      whichever is less;

                                  B. Ground area coverage and height is not increased more than 10 percent;

                                  C. Additional structures do not exceed a total of 250 square feet;



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                           D. The revision does not authorize development to exceed height, setback, lot
                               coverage, or any other requirement of the City/County Shoreline Master
                               Program;

                           E.  Additional landscaping is consistent with conditions (if any) attached to the
                               original permit;

                           F.  The use authorized pursuant to the original permit is not changed; and

                           G.  No Substantial adverse environmental impact will be caused by the project
                               revision.
                           If the sum of the proposed revision and any previously approved revisions do
                           not meet the criteria above, an application for a new shoreline permit must be
                           subn-fitted. If the revision involves a conditional use or variance which was
                           conditioned by the Department of Ecology, the revision also must be reviewed
                           and approved by the Department of Ecology (see WAC 173-14-064).

                           A City/County or Department decision on revision to the permit may be
                           appealed within thirty days of such decision, in accordance with RCW
                           90.58.180 and WAC 173-14-064.

                           Construction allowed by the revised permit that is not authorized under the
                           original permit is undertaken at the applicant's own risk until the expiration of
                           the appeals deadline.


                           Assurance Device

                           In appropriate circumstances, the decision makers approving a permit may
                           require a reasonable performance assurance device to assure compliance
                           with the provisions of the Shoreline Management Act, the SMP, any permit
                           conditions and the permit application as approved.

                           A.  The assurance device may be a bond, non-revocable letter of credit,
                               set-aside letter, assignment of funds, certificate of deposit, deposit account,
                               or other readily accessible source of funds in a form acceptable to the
                               City/County Attorney. Interest from any interest-bearing form of
                               assurance device will accrue to the benefit of the depositor.

                           B.  The assurance device shall specify the date and time by which the work
                               which it guarantees shall be completed. The assurance device shall specify
                               the date and time by which the City/County can negotiate the device to
                               obtain the fiinds to do the work it guarantees. In all cases the date and
                               time for negotiation shall be at least sixty days after the deadline for the
                               completion of the work.




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                                   C. Amount of Assurance Device. The Public Works Department shall
                                        determine the amount of the assurance device as follows:

                                        I .For a performance device the amount will be one 150 percent of the
                                           cost of the work or improvements covered by the assurance device
                                           based on estimated costs immediately following the expiration of the
                                           device together with the City's/County's cost of obtaining funds from
                                           the assurance device and administering the project.

                                        2. For a maintenance device the amount will not be less than 20 percent of
                                           the cost of replacing the material covered by the assurance device based
                                           on estimated costs on the last day covered by the device together with
                                           the City's/County's cost of obtaining funds from the assurance device
                                           and administering the project.

                                        3. In each case where the City/County requires or allows an applicant to
                                           establish an assurance device, the owner of subject property shall give
                                           the City/County a signed notarized irrevocable license to run with the
                                           property to allow the employees, agents, or contractors of the
                                           City/County to go on the subject property for the purpose of inspecting
                                           and, if necessary, doing the work or making the improvements covered
                                           by the assurance device. The applicant shall file this license writh the
                                           Administrator.


                                   D. Release of Assurance Device.

                                        I .After the work or improvements covered by a performance assurance
                                           device have been completed to the satisfaction of the City/County or, at
                                           the end of the time covered by a maintenance assurance device, the
                                           applicant may request the City/County to release the device.

                                        2. The City/County shall release such device as expeditiously as possible
                                           after receipt of a request for release, if the work or maintenance time
                                           period is finished.

                                   E.   Use of Proceeds - Notice to Property Owner.

                                        If during the period of time covered by a maintenance assurance device or
                                        after the date by which the required work or improvements are to be
                                        completed under a performance assurance device, the Administrator
                                        determines that the work or improvements have not been complied with,
                                        he/she shall notify the applicant. The notice must include the following
                                        information:

                                        1. The work that must be done or the improvement that must be made to
                                           complywith the requirements and permit assurance device.



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                             2.  The amount of time that the applicant has to commence and complete
                                 the required work or improvements.

                             3.  That, if the work or improvements are not commenced and completed
                                 within the time specified, the City/County will use the proceeds of the
                                 assurance device to have the required work or improvements
                                 completed.

                          F. Use of Proceeds -Work by the City/County.

                             If the work or improvements covered by the assurance device are not
                             completed within the time specified in the notice given under subsection E
                             above, the City/County shall obtain the proceeds of the device and do the
                             work or make the improvements covered by the device. The City/County
                             may either have employees of the City/County do the work or make the
                             improvements or have a contractor do the work or make the
                             improvements.

                          G. Use of Proceeds - Refund of Excess, Charge for all Costs.

                             The property owner is responsible for all costs incurred by the City/County
                             in doing the work and making the improvements covered by the assurance
                             device. The City/County shall release or refund any proceeds of a
                             performance device after subtracting all costs for doing the work covered
                             by the device and the costs of obtaining the proceeds of the device. The
                             owner of subject property shall reimburse the City/County for any amount
                             expended by the City/County that exceeds the proceeds of the device. The
                             City/County shall have a hen against the subject property for the amount of
                             any excess.

                          H. Itemized Statement.

                             In each case where the City/County uses any of the proceeds of the device,
                             it shall give the owner of the subject property an itemized statement of all
                             proceeds and funds used.

                          Appeals of Administrative Decisions

                          A. Applicability and Limitation on Appeals.

                             I . This chapter applies to all requests to review administrative decisions
                                 and orders made by the Administrator and all other City/County staff
                                 under the SNIP.

                             2.  Decisions by the Administrator to approve, deny or to approve
                                 substantial development permits with conditions are not administrative


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                                            decisions under the terms of this section, and shall not be appealable to
                                            the Hearing Exam@iner/City or County Legislative Body. These
                                            decisions may be appealed to the Washington State Shorelines Hearings
                                            Board as provided in RCW 90.58.180 and Chapter 461-08 WAC.

                                   B. Appeal Process.

                                        I . Any person adversely affected by any administrative decision (e.g.
                                            determinations if permits are required, interpretation of regulations,
                                            identifying required fees, etc.) may appeal such decision to the Hearing
                                            Examiner/City or County Legislative Body. The appellant shall submit
                                            the following to the Administrator:

                                            a. A brief written statement containing the following information.

                                               i.  The statement must indicate the facts that establish the
                                                   appellant's right to appeal the decision.

                                               ii. The statement must identify explicit exceptions and objections
                                                   to the decision being appealed or identify specific errors in fact
                                                   or conclusion.

                                               iii. The statement must state the requested relief from the decision
                                                   being appealed.

                                               iv. The name and address of the person(s) appealing the decision.

                                               v.  Give the address and use, if any, of any property involved in the
                                                   appeal.

                                            b. Any fee set for appeals.

                                            c. Any other information as is reasonably necessary to make a decision
                                               on the appeal.

                                            d. Time within which an Administrative Appeal must be Filed.

                                               A written statement appealing the decision must be filed with the
                                               Administrator no more than ten days from the date the decision is
                                               mailed or otherwise becomes effective. Activity commenced before
                                               the expiration of this appeal period based on an appealable decision
                                               or action is at the sole risk of the person taking the action.
                                               City/County and any of the City/County's officers, agents, or
                                               employees shall not incur any liability or risk.






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                                   e. Appeal Stays All Enforcement of Decision or Order Appealed.

                                      The filing of an appeal stays all actions by the Administrator or
                                      other City/County official seeking enforcement or compliance with
                                      the order or decision being appealed, unless the Administrator
                                      certifies to the Hearing Exarniner/City or County Legislative Body
                                      that (because of the facts stated in the certificate) a stay would, in
                                      the opinion of the Administrator, cause imminent peril to life or
                                      property. In that case, proceedings shall not be stayed except by
                                      order of the Hearing Examiner/City or County Legislative Body or
                                      a court, issued on application of the party seeking the stay, for due
                                      cause shown after notice to the Administrator. The stay is lifted
                                      after the decision of the Hearing Exan-flner/City or County
                                      Legislative Body.

                               2.  The Administrator shall review the subn-dttal and determine if it is
                                   complete. The appeal shall be considered filed when the statement is
                                   submitted and all required fees are paid. If incomplete, the appeal
                                   statement may be completed by the appellant after it is filed.

                               3.  After the request for review is filed and complete, the Administrator
                                   shall schedule a public hearing for the next Hearing Exarniner/City or
                                   County Legislative Body meeting where the appeal request can be
                                   accommodated and notice given. The Administrator shall provide
                                   notice of the hearing as provided in Subsection D below.

                               4.  The Administrator shall prepare a written report on the decision being
                                   appealed setting forth the facts and conclusions on which the decision is
                                   based. The Administrator shall mail the written report to the appellant
                                   at least ten days before the hearing date. The Administrator shall mail
                                   the appellant's written statement and the Administrator's written report
                                   to the Hearing Examiner/City or County Legislative Body at least five
                                   days before the hearing date.

                               5.  The Hearing Examiner/City or County Legislative Body shall conduct a
                                   public hearing on the application. All written material received shall be
                                   presented to the board and members of the public shall have the right to
                                   present written and oral testimony. At the hearing, members of the
                                   Hearing Exan-@iner/City or County Legislative Body may request such
                                   additional information as is reasonably necessary to evaluate the appeal.
                                   The Hearing Exan-@iner/City or County Legislative Body may place
                                   reasonable and equitable limitations on testimony, the presentation of
                                   evidence and arguments and questions so the matter at issue may be
                                   heard and decided without undue delay.





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                                      6. After the public hearing has concluded, the Hearing Exan-dner/City or
                                          County Legislative Body shall decide the appeal.

                                          a.  The decision may be made at the same public meeting as the public
                                              hearing or at another public meeting. The Hearing Examiner/City
                                              or County Legislative Body shall vote on the appeal within thirty-
                                              two days of the initial public hearing date unless the appellant
                                              agrees in writing to an extension of time.

                                          b.  Decisions on appeals shall be based on the decision criterion in
                                              subsection C.

                                          c.  The Hearing Examiner/City or County Legislative Body may
                                              reverse or affirm (wholly or partly) or may modify the order,
                                              decision, requirement, or determination appealed and may condition
                                              the relief granted on an appeal to ensure compliance with the
                                              City/County Shoreline Master Program.

                                          d.  The Hearing Examiner/City or County Legislative Body shall adopt
                                              findings of fact and conclusions which support the decision on the
                                              appeal and any required conditions.

                                      7. The decision of the Hearing Examiner/City or County Legislative Body
                                          and the findings of fact and conclusions shall be reduced to writing and
                                          mailed to the appellant by the Administrator within seven days of the
                                          date of the decision.


                                      8.  Effect of Decision.

                                          a.  The decision of the Hearing Examiner/City or County Legislative
                                              Body on the appeal is the final decision of the City/County.

                                          b.  The Hearing Exan-dner/City or County Legislative Body decision
                                              shall not be reconsidered, except as a new appeal.

                                          c.  The decision of the Hearing Examiner/City or County Legislative
                                              Body on the appeal may be appealed to the Superior Court vAthin
                                              thirty days of the date the Hearing Examiner/City or County
                                              Legislative Body makes the decision.












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                           9. Commencement of Activity.

                              The appellant or any other party authorized to conduct activities or
                              uses by the decision may commence activity or obtain other required
                              approvals authorized by the decision of the Hearing Examiner/City or
                              County Legislative Body on the appeal immediately after decision on
                              the appeal by the Hearing Examiner/City or County Legislative Body.
                              Activity commenced before the expiration of the appeal period
                              provided in subsection 8 above is at the sole risk of the applicant or
                              other party. City/County and any of the City/County's officers, agents,
                              or employees shall not incur any liability or risk.

                       C.  Appeal Decision Criterion.

                           In deciding appeals, the Hearing Examiner/City or County Legislative
                           Body shall consider only the merits of the appeal as it relates to the specific
                           terms, phrases, or sections of the SMP in question and shall not consider
                           the merits of the proposal or the property affected by the decision.

                       D. Public Hearing Notice.

                           1. Content of the Public Notice. The Administrator shall prepare notice
                              for all public hearings and include the following information.

                              a.  The name of the appellant and, if applicable, the project name.

                              b.  If the appeal involves specific property, the street address of the
                                  subject property and a description of the property in non-legal
                                  terms sufficient to identify the location.

                              c.  A brief description of the decision which is being appealed.

                              d.  A brief description of the issues as stated in the appeal.

                              e.  The date, time and place of the public hearing.

                              f.  A statement of the fight of any person to participate in the pubfic
                                  hearing and the ways they may participate.

                           2. Time of Notice. The Administrator shall mail and publish the notice at
                              least ten days before a hearing.

                           3. Means of Notice. The Administrator shall provide notice for all pubfic
                              hearings in the Mowing manner.

                              a. Publishing notice of the public hearing in a legal newspaper of
                                  general circulation within the City/County.



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                                           b. Mailing notice of the public hearing to the appellant and any
                                              affected project proponent.

                                           c. Failure to receive a properly mailed notice shall not affect the
                                              validity of any testimony or the legality of any action taken.

                                   E. Limitation on Refiling Appeals. After a final decision on an appeal, the
                                       Administrator shall not accept any further appeals for substantially the
                                       same property involving substantially the same issues within one year from
                                       the date of the decision.


                                   Permit Revocation


                                   A. This section applies to requests or decisions to revoke shorelines
                                       substantial development permits, conditional use permits and variances.

                                   B.  The Hearing Examiner/City or County Legislative Body shall have the
                                       power to revoke or modify approved shorelines substantial development
                                       permits, conditional use permits and variances.

                                   C.  Decision Procedure for Revocation.

                                       1 . City/County staff or any other persons who are aggrieved by activities
                                           undertaken under a shoreline permit may request in writing that the
                                           Hearing Examiner/City or County Legislative Body revoke or modify
                                           the permit.

                                       2.  The Administrator shall schedule a public hearing for the next Hearing
                                           Exam@iner/City or County Legislative Body meeting where the review
                                           can be accommodated and the required notice given.

                                       3.  Notice of Public Hearing.

                                           a. The Administrator shall publish a notice of the revocation hearing
                                              at least ten days before the hearing date.

                                           b. The Adn-dnistrator shall mail notice of the hearing to the party to
                                              which the permit was issued, the owner of the property for which
                                              the permit was issued, the person or persons who requested the
                                              Hearing Examiner/City or County Legislative Body revoke the
                                              permit and any persons who requested notice of the hearing in
                                              writing at least ten days before the hearing date.

                                           c. The notice shall include the following information.





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                                        i.  The name of the permit holder and, if applicable, the project
                                            name.


                                        ii. The street address of the subject property and a description of
                                            the property in non-legal terms sufficient to identify the
                                            location.

                                        iii. A brief description of the issues.

                                        iv. The date, time and place of the public hearing.

                                        v.  A statement of the right of any person to participate in the
                                            public hearing by providing written statements before or at the
                                            hearing and orally at the hearing.

                                4.  The Hearing Examiner/City or County Legislative Body shall hold a
                                    public hearing before deciding whether to revoke or add conditions to
                                    the permit or variance. Any person can submit written statements or
                                    speak. The duration of public comments may be equitably limited. At
                                    the hearing, members of the Hearing Examiner/City or County
                                    Legislative Body may request such additional information as is
                                    reasonably necessary to evaluate the whether the permit or variance
                                    should be revoked.

                                5.  After the public hearing has concluded, the Hearing Examiner/City or
                                    County Legislative Body shall decide whether to revoke modify, or add
                                    conditions to the permit.

                                    a.  The decision may be made at the same public meeting as the public
                                        hearing or at another public meeting. The Hearing Examiner/City
                                        or County Legislative Body shall vote on the revocation within
                                        thirty-five days of the initial public hearing date.

                                    b.  The decision shall be based on the decision criteria in subsection D.

                                    c.  If the Hearing Examiner/City or County Legislative Body decides
                                        to revoke the permit, the decision maker may require restoration or
                                        reclamation of the property and may set time limits for the
                                        completion of these activities.

                                    d.  The Hearing Examiner/City or County Legislative Body shaU adopt
                                        findings of fact and conclusions which support the decision and any
                                        required conditions.







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                                      6.  The decision of the Hearing Examiner/City or County Legislative Body
                                          and the findings of fact and conclusions shall be reduced to writing and
                                          mailed by the Administrator to the permit holder, the property owner,
                                          Ecology and the Washington State Attorney General within seven days
                                          of the date of the decision.


                                      7.  Effect of Decision.

                                          a. The decision of the Hearing Examiner/City or County Legislative
                                             Body on the application is the final decision of the City/County.

                                          b. The decision of the Hearing Examiner/City or County Legislative
                                             Body on the revocation may be appealed to the Washington State
                                             Shorelines Hearings Board as provided in RCW 90.58.180 and
                                             Chapter 461-08 WAC.

                                          c. If the Hearing Exan-@iner/City or County Legislative Body revokes
                                             the permit, all activity authorized by the shall immediately cease,
                                             unless the decision maker grants a period of time to complete the
                                             activity or reclaim the site or a court authorizes continued operation
                                             during an appeal.

                                  D. Criteria for Revocation.

                                      The Hearing Examiner/City or County Legislative Body may revoke or
                                      modify a permit if the decision maker finds that one or more of the
                                      following criteria are met.

                                      1.  The permit approval was obtained by fraud.

                                      2.  The permit is being exercised contrary to the terms or conditions of
                                          approval or in violation of law.

                                      3.  The use or activity for which approval was granted is being exercised
                                          so as to be detrimental to the public health, safety, or welfare.

                                  Nonconforming Development

                                  Nonconforming development is a shoreline use or structure which was lawfWly
                                  constructed or established prior to the effective date of the act or the master
                                  program, or amendments thereto, but which does not conform to present
                                  regulations or standards of the master program or policies of the act. In such
                                  cases, the following standards shall apply.






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                           A. Nonconforming development may be continued provided that it is not
                               enlarged, intensified, increased, or altered in any way which increases its
                               nonconformity;

                           B.  A nonconforming development which is moved any distance must be
                               brought into conformance with the master program and the Act;

                           C.  If a nonconforming development is damaged to an extent not exceeding 75
                               percent replacement cost of the original structure, it may be reconstructed
                               to those configurations existing immediately prior to the time the structure
                               was damaged, so long as restoration is completed within one year of the
                               date of damage, with the exception that, single-famfly nonconforn-dng
                               development may be 75 percent replaced if the building permit is obtained
                               within one year of the date of damage.

                           D.  If a nonconforming use is discontinued for twelve consecutive months or
                               for twelve months during any two-year period, any subsequent use shall be
                               conforming; it shall not be necessary to show that the owner of the
                               property intends to abandon such nonconforming use in order for the
                               nonconforming fights to expire-,

                           E.  A nonconforming use shall not be changed to another nonconforming use,
                               regardless of the conforming or non-conforming status of the building or
                               structure in which it is housed; and

                           F.  An undeveloped lot, tract, parcel, site, or division which was established
                               prior to the effective date of the act and the master program but which
                               does not conform to the present lot size or density standards may be
                               developed so long as such development conforms to all other requirements
                               of the master program and the act.


                           Enforcement and Penalties

                           The choice of enforcement action and the severity of any penalty should be
                           based on the nature of the violation and the damage or risk to the public or to
                           public resources. The existence or degree of bad faith of the persons subject to
                           the enforcement action, the benefits that accrue to the violator and the cost of
                           obtaining compliance may also be considered. The City/County may take
                           enforcement alone or jointly with Ecology. Ecology may also act alone.

                           A. Civil Penalty

                               1. Action.


                                  The City/County Attorney shall bring such injunctive, declaratory, or
                                  other actions as are necessary to insure that no uses are made of the


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                                            shorelines of the state in conflict with the provisions of the Act and this
                                            master program and to otherwise enforce the provisions of the Act and
                                            the master program.

                                        2.  Non-Compliance.

                                            Any person who fails to conform to the terms of a permit issued under
                                            this master program or who undertakes a development or use on the
                                            shorelines of the state without first obtaining any permit required under
                                            the master program or who fails to comply with a cease and desist
                                            order issued under regulations shall also be subject to a civil penalty not
                                            to exceed $ 1,000 for each violation. Each permit violation or each day
                                            of continued development without a required pern-dt shall constitute a
                                            separate violation.

                                        3.  Aiding and Abetting.

                                            Any person who, through an act of commission or omission proceeds,
                                            aids, or abets in the violation shall be considered to have comn-dtted a
                                            violation for the purposes of the civil penalty.

                                        4.  Notice of Penalty.

                                            The penalty provided for in this section shall be imposed by a notice in
                                            writing, either by certified mail with return receipt requested or by
                                            personal service, to the person incurring the same from the
                                            City/County. The notice shall include the "content of order" specified
                                            in subsection F. Regulatory Order.

                                        5.  Remission and Joint Order.

                                            Within thirty days after the notice is received, the person incurring the
                                            penalty may apply in writing to the City/County for remission or
                                            mitigation of such penalty. Upon receipt of the application, the
                                            City/County may remit or mitigate the.penalty only upon a
                                            demonstration of extraordinary circumstances, such as the presence of
                                            information or factors not considered in setting the original penalty.
                                            Any penalty imposed pursuant to this section by the City/County shall
                                            be subject to review by the City/County Council. In accordance with
                                            RCW 90.58.050 and RCW 90.58.210(4), any penaltyjointly imposed
                                            by the City/County and the Department of Ecology shall be appealed to
                                            the Shorelines Hearings Board. When a penalty is imposed jointly by
                                            the City/County and the Department of Ecology, it may be remitted or
                                            mitigated only upon such terms as both the City/County and the
                                            Department agree.





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                              6. Regulatory Order.

                                  Content of order shall set forth and contain:

                                  a.  A description of the specific nature, location, extent and time of
                                      violation and the damage or potential damage; and

                                  b.  A notice that the violation or the potential violation cease and desist
                                      or, in appropriate cases, the specific corrective action to be taken
                                      within a given time. A civil penalty under this section may be
                                      issued with the order and same shall specify a date certain or
                                      schedule by which payment will be complete.

                              7. Effective Date.


                                  The cease and desist order issued under this subsection shall become
                                  effective immediately upon receipt by the person to whom the order is
                                  directed.

                              8.  Compliance.

                                  Failure to comply with the terms of a cease and desist order can result
                                  in enforcement actions including, but not limited to, the issuance of a
                                  civil penalty.

                          B.  Delinquent Permit Penalty.

                              Permittees applying for a permit after commencement of a use or activity
                              may, at the discretion of the City/County be required, in addition, to pay a
                              delinquent permit penalty not to exceed three times the appropriate permit
                              fee paid by the permittee. A person who has caused, aided, or abetted a
                              violation within two years after the issuance of a regulatory order, notice of
                              violation, or penalty by the City/County or the Department against said
                              person may be subject to a delinquent permit penalty not to exceed ten
                              times the appropriate permit fee paid by the permittee. Delinquent permit
                              penalties shall be paid in full prior to resuming the use or activity.

                          C.  Property Lien.

                              Any person who fails to pay the prescribed penalty as'authorized in this
                              section shall be subject to a lien upon the affected property until such time
                              as the penalty is paid in full. The City/County Attorney shaU file said hen
                              against the affected property at the office of the County Assessor.







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                                   D. Mandatory Civil Penalties.

                                       Issuance of civil penalties is mandatory in the following instances:

                                       I . The violator has ignored the issuance of an order or notice of violation.

                                       2.  The violation causes or contributes to significant environmental damage
                                           to shorelines of the state as determined by the City/County.

                                       3.  A person causes, aids, or abets in a violation within two years after
                                           issuance of a similar regulatory order, notice of violation, or penalty by
                                           the City/County or the Department against said person.

                                   E. Minimum Penalty Levels

                                       1. Regarding all violations that are mandatory penalties, the minimum
                                           penalty is $250.

                                       2. For all other penalties, the minimum penalty is $100.

                                   F.  General Criminal Penalty.

                                       In addition to incurring civil liability under Section A, any person found to
                                       have willfully engaged in activities on the shorelines of the state in violation
                                       of the provisions of the Act or the master program shall be guilty of a gross
                                       misdemeanor and shall be punished by a fine of not less than $100 nor
                                       more than $ 1,000 or by imprisonment in the county jail for not more than
                                       ninety days for each separate offense, or by both such fine and
                                       imprisonment. Provided, that the fine for each separate office for the third
                                       and all subsequent violations in any five-year period shall be not less $500
                                       nor more than $ 10,000.

                                   G.  Violator Liabilities - Damages, Attorney's Fees/Costs.

                                       Any person subject to the regulatory program of the Act or the master
                                       program who violates any provision thereof or permit issued pursuant
                                       thereto shall be liable for all damage to public or private property arising
                                       from such violation, including the cost of restoring the affected area to its
                                       condition prior to violation. The City/County Attorney shall bring suit for
                                       damages under this section on behalf of the City/County. 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 provisions to assure that restoration will be
                                       accomplished within reasonable time at the expense of the violator. 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 prevailing party.



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                           H.  Development and Building Permits.

                               No building permit, septic tank permit, or other development permit shaU
                               be issued for any parcel of land developed or divided in violation of the
                               master program. All purchasers or transferees of property shaIl comply
                               with provisions of the Act and the master program and each purchaser or
                               transferee may recover his damages from any person, firm, corporation, or
                               agent selling, transferring, or leasing land in violation of the Act or the
                               master program, including any amount reasonably spent as a result of
                               inability to obtain any development permit and spent to conform to the
                               requirements of the Act or the master program as weU as cost of
                               investigation, suit and reasonable attorney's fees occasioned thereby. Such
                               purchaser, transferee, or lessor may, as an alternative to confo          his
                                                                                                 rmIng
                               property to these requirements, rescind the sale, transfer, or lease and
                               recover cost of investigation and reasonable attorney's fees occasioned
                               thereby from the violator.

                           Master Program Review

                           Thi's master program shall be reviewed not less than every five years and
                           adjustments shall be made as are necessary to reflect changing local
                           circumstances, new information or improved data and changes in State statutes
                           and regulations. This review process shall be consistent with WAC 173-19
                           requirements and shall include a local citizen involvement effort and pubuc
                           hearing to obtain the views and comments of the public.

                           Amendments to the Shoreline Master Program

                           The provisions of this shoreline master program may be amended as provided
                           in RCW 90.58.120, 90.58.200 and Chapter 173-19 WAC. Any person,
                           including the City/County, may submit an application for an amendment to the
                           Administrator together with any required fee. Any amendment to local SNIPs
                           must satisfy the requirements of the State Envirorunental Policy Act (Chapter
                           43.2 IC RCW) and Chapter 197-11 WAC. The City/County Legislative Body
                           shall approve, modify, or deny applications for amendments. The applicant has
                           the burden of proof As provided by state law, amendments or revisions to
                           shoreline master programs are not effective unless approved by the Washington
                           State Department of Ecology.

                           The proponent must demonstrate that proposed amendments to shoreline
                           master program environments (i.e. shoreline master program environment
                           redesignations) are consistent with the criteria set forth in the shoreline
                           environment designation criteria of this SNT and WAC 173-16-040(4).




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     is                             The Administrator shall send a copy of any locally approved amendment and
                                    the information required by WAC 173-19-062 or its successor to Ecology
                                    within fourteen days of the date of the City or County Legislative Body
                                    decision. If Ecology denies or modifies the proposed amendment, the local
                                    government may appeal the decision to the State of Washington Shorelines
                                    Hearings Board as provided in RCW 90.58.190 and Chapter 461-08 WAC.


                                    Severability

                                    If any provisions of this Master Program, or its application to any person or
                                    legal entity or parcel of land or circumstances, is held invalid, the remainder of
                                    the Master Program, or the application of the provisions to other persons or
                                    legal entities or parcels of land or circumstances, shall not be affected.


                                    Conflict of Provisions

                                    Should a conflict occur between the provisions of this SMP or between this
                                    SMP and the laws, regulations, codes or rules promulgated by any other
                                    authority having jurisdiction within the City/County, the most restrictive
                                    requirement shall be applied, except when constrained by federal or state
                                    law, or where specifically provided otherwise in this SNIP.


                                    Inspections

                                    Whenever it is necessary to make an inspection to enforce any of the
                                    provisions of this ordinance or whenever the Administrator has reasonable
                                    cause to believe that there exists in any building, or upon any pren-dses, any
                                    condition which makes such a building or premises nonconforming the
                                    Administrator may enter such building or premises. If the building or premises
                                    is occupied, the Administrator shall first present proper credentials and demand
                                    entry, and if the building or pren-dses is unoccupied, the Adn-finistrator shall
                                    first make reasonable effort to locate the owner or other persons having charge
                                    or control of the building or premises and demand entry. If such entry is
                                    refused, the Administrator shall have recourse to every remedy provided by
                                    law to secure entry, including administrative search warrants. The City/County
                                    Attorney shall provide assistance to the Administrator in obtaining
                                    administrative search warrants or other legal remedies.









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                          Employees Not Personally Liable for
                          Enforcement Acts

                          Any employee charged with the enforcement of this SNP, acting in good faith
                          and without malice for the City/County in the discharge of duties, shall not
                          hereby render himself/herself liable personally and is hereby relieved from all
                          personal liability for any damage that may accrue to persons or property as a
                          result of any act required or by reason of any act or omission in the discharge
                          of duties. Any suit brought against the employee, because of such act or
                          omission performed by him/her in the enforcement of any provisions of this
                          SNIP, shall be defended by the City/County until final termination of the
                          proceedings.


                          Determining Days for Time Limits in this SMP

                          I . Day means a calendar day beginning at midnight and ending on the
                              following n-ddnight.

                          2.  When counting the number of days for notices required by this SUT, the
                              day a notice is mailed, posted, or published is not counted but the day of
                              any hearing is counted. The day of the hearing shall be counted as an
                              entire day, even though the hearing takes place before midnight@ and an
                              entire twenty-four hour period has not passed.

                          3.  When counting the number of days or years for other time lin-dts
                              established by this title, the day a decision is made is not counted in
                              computing the time limit.


                          Lot Area and Setback Measurement


                          1 . Public and privately owned rights of way and access or transportation
                              easements shall not be considered as part of the lot or as being within the
                              lot lines for the purposes of determining the lot size, lot area, or the area of
                              the site.

                          2.  Setbacks shall be measured at right angles from the appropriate lot line or
                              the ordinary high water mark to the wall of the structure(s); provided that
                              where a structure without a wall faces the appropriate lot fine, the setback
                              shall be measured to the post(s) or, if the building has no posts, a point that
                              is 2 feet under the roof overhang measured from the drip line of the roof.
                              Where a lot, as defined in this ordinance, consists of more than one lot of
                              record or platted lot, the term "appropriate lot line" shall mean the lot lines



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                                      which form the boundaries of the entire contiguous ownership or as much
                                      of the ownership as is necessary to comply with the requirements of this
                                      ordinance. Nothing in this subsection shall be construed to allow the illegal
                                      division of land.

                                   3. Structures, walls, decks, patios and sight obscuring fences shall not be
                                      included within the area of a setback for setbacks which are measured from
                                      the ordinary high water mark.

                                   Transfer of An Approved Permit or Variance

                                   An approved permit or variance may be transferred from the original applicant
                                   to any successors in interest to the applicant for the property for which the
                                   permit or variance was approved provided that all of the conditions and
                                   requirements of the approved permit or variance shall continue in effect as long
                                   as the use or activity is pursued or the structure exists unless the terms of the
                                   permit are modified in accordance with the applicable provisions of this
                                   shoreline master program.


                                   Miscellaneous Provisions


                                   1. Nothing is this SNT shall obviate any requirement to obtain any permit,
                                      certificate, license, or approval from any State agency or local government.

                                   2. Specific provisions of this SMT shall not be construed or limited by the
                                      wording or phrasing of the section titles or headings under which they fall.
























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                                   CHAPTER 10
                                   Promoting
                                   Water-oriented Uses



                                   Introduction

                                   WAC 173-16-040-(4) states that: "Because shorelines suitable for urban uses
                                   are a lin-fted resource, emphasis should be given to development within already
                                   developed areas and particularly to water-dependent industrial and commercial
                                   uses requiring ftontage on navigable waters."

                                   This can be accomplished most effectively by reserving portions of the
                                   shoreline for water-oriented uses through environment-specific use regulations.
                                   For example, a master program may dictate that only water-oriented
                                   commercial or industrial uses be permitted in certain sections of waterfront
                                   most suitable for these uses. Encouraging water-dependent, water-related and
                                   water-enjoyment uses in this manner requires that areas most suitable for
                                   specific water-oriented purposes be identified and a comprehensive strategy for
                                   regulating a range of uses be developed.



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                          This chapter presents some tools and resources for preparing shoreline master
                          programs that encourage diverse water-oriented development on shorelines.
                          These tools include:

                              0 Updated definitions of water-oriented uses

                              * Generalized physical requirements for water-oriented uses

                              0 Guidelines for setting water-dependency requirements

                          Water-dependent, Water-related
                          and Water-enjoyment Uses

                          In order to give priority to those uses which rely upon a water location, all
                          shoreline uses are classified into one of four categories; "water-dependent,"
                          "water-related", "water-enjoyment" (all "water-oriented" uses) and "non-
                          water-oriented." Shoreline policy use and environment designation regulations
                          can then be written relative to these categories. Clear, consistent definitions
                          for these classifications are critical for shoreline management because many
                          permitting decisions regarding allowable uses, shoreline modifications (e.g.
                          landfill) and mixed-use projects depend upon whether or not a proposed use is
                          water-dependent, water-related, etc.

                          A survey of local jurisdictions indicated that there is a wide diversity of opinion
                          regarding which uses are water-dependent or water-related. Inconsistent and
                          unclear interpretation of these terms results in difficulties in project review at
                          the state and local level. There are several factors complicating attempts to
                          clearly categorize uses as water-dependent, water-related or non-water-
                          oriented and to develop policies related to the siting of these uses within the
                          shoreline area.

                              ï¿½   Some portions of an activity may depend upon the water while others
                                  do not (e.g. for cargo loading the crane area may be actually water-
                                  dependent but the storage area and the clerical offices may not be).
                                  Thus, there is a need to apply definitions to portions of uses.

                              ï¿½   General land use classifications (e.g. warehousing, commercial offices,
                                  energy generation plants, etc.) are not useful in defining water-
                                  dependency because they are too broad. Water-dependent and non-
                                  water-oriented examples may be found within these traditional land use
                                  classifications.







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                                          Different water-dependent uses require different locations relative to
                                          the shoreline. Some activities must be over water or in the water (e.g.
                                          aquaculture piers). Others must be adjacent to the shoreline (e.g. cargo
                                          loading terminal), still others must be proximate to the shoreline (e.g.
                                          cargo handling area).

                                  The following definitions of these terms reflect current practice and Shorelines
                                  Hearings Board decisions.














                                                                                    lzrnonad e-
                                                                   10                  15









                                   Examples of water-dependent, water-related and water-enjoyment uses Oeft to right@



                                  Water-dependent Use

                                      Water-dependent use means a use or portion of a use which can not exist
                                      in any other location and is dependent on the water by reason of the
                                      intrinsic nature of its operations.






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                           Examples of water-dependent uses may include:

                               ï¿½ Cargo terminal loading area

                               ï¿½   Ferry and passenger terminals

                               ï¿½   Barge loading

                               ï¿½   Ship building, repair and servicing

                               ï¿½   Dry docking of ships

                               ï¿½   Aquaculture

                               ï¿½   Float plane sheds

                               ï¿½   Tugboat services

                               ï¿½   Log booming

                               ï¿½   Towboat operations

                               ï¿½   Marinas


                               ï¿½   Sewer outfalls


                               ï¿½   Water intake structures

                           This interpretation best represents the intent of the SMA as well as decisions
                           by the Shorelines Hearings Board and will be most useful in writing and
                           administering master programs. It is also consistent with the definition of
                           water-dependency adopted by the Washington Department of Natural
                           Resources (RCW 79.90.465). Its specificity will be most useful in setting
                           requirements that pertain to the protection of the shoreline by relating
                           restrictions to shoreline construction and filling directly to strict water-
                           dependency with clear exceptions within the master program.


                           It should be noted that the concept of water-dependency can apply to any
                           category of use (e.g. commercial, industrial, recreational, etc.). For example,
                           some commercial or recreational uses such as diving platforms can be water-
                           dependent.

                           Water-dependency designations should only be given to those portions of an
                           operation that are demonstrably dependent upon the water or the shoreline
                           edge. For example, a pulp mill dock for loading logs or finished product
                           transported by water is water-dependent, but the mill is not, nor is a related




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                                    storage area. The dry-dock of a ship-building yard is water-dependent but
                                    warehousing of ship parts is not. Thus, water-dependent uses are quite limited.
                                    These classifications should be considered water-dependent under usual
                                    conditions.


                                    Water-related Use


                                    The distinction between water-dependent and water-related uses is important
                                    because it recognizes a class of uses which does not intrinsically require a
                                    waterfront location but benefits economically fi7om proximity to the shoreline
                                    or directly support water-dependent uses. Many uses such as warehousing,
                                    seafood processing and ship parts storage and assembly areas do not require
                                    direct shoreline access but obtain substantial benefit from proximity to the
                                    waterfront and enhance the viability of water-dependent uses.

                                    Distinguishing between water-dependent and water-related uses enables master
                                    programs to give top priority to water-dependent activities and, at the same
                                    time, encourage water-related uses in a variety of ways. For example, a master
                                    program may permit water-dependent uses on over-water construction in a
                                    certain environment classification and allow water-related uses on upland sites.
                                    Also, the concept allows the more accurate classification of large developments
                                    such as pulp mills or fishing boat terminals where some of the components are
                                    water-dependent and other parts are water-related. The following definition
                                    includes two criteria for identifying water-related uses as well as the concept of
                                    economic benefit from a waterfront location as noted in the SHB decisions:
                                    Yount and Department of Ecology and Attorney General v. Snohomish County
                                    and Hayes, SHB No. 108; Adams v. City of Seattle, Department of Ecology
                                    and Attorney General, SHB No. 156.

                                       Water-related use means a use or portion of a use which is not
                                       intrinsically dependent upon a waterftont location but whose economic
                                       viability is dependent upon a waterftont location because:

                                       1.  Of ajunctional requirementfor a waterftont location such as the
                                           arrival or shipment of materials by water or the needfor large
                                           quantities of water, or

                                       2.  7he use provides a necessary service supportive of the water-
                                           dependent commercial activities and the proximity of the use to its
                                           customers makes its services less expensive andlor more convenient.
                                           Exwnples include manufacturers of ship parts large enough that
                                           transportation becomes a significantfactor in the product's cost,
                                           professional services primarily serving water-dependent activities,
                                           utility lines serving water-dependent activities and storage of water-
                                           transported goods.



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                          Uses which obtain an economic advantage from the shoreline due simply to its
                          amenity factor (e.g. restaurants, hotels) should not be considered water-related
                          (see water-enjoyment). Uses generally considered water-related include:

                              ï¿½  Fabrication of ship parts and equipment providing that proximity of the
                                 activity to its customers on the waterfront can be demonstrated to be
                                 an advantage because of transportation costs or other functional
                                 factors.

                              ï¿½  Warehousing of goods transported by water providing the economic
                                 distribution of those goods is dependent upon storage or handling at
                                 the point of unloading.

                              ï¿½  Assembly of water transported parts providing that the economic
                                 advantage of assembling at point of entry can be demonstrated.

                              ï¿½  Support services of fish hatcheries functionally proximate to the water
                                 element operation.

                              ï¿½  Seafood processing plants if fish or products are brought to the site by
                                 water.


                              ï¿½  Paper and wood products mills if materials or products are water
                                 transported.

                              ï¿½  Oil refineries if petroleum materials or products are shipped by tanker.

                              ï¿½  Salvage yards if materials are taken from water or if salvage includes
                                 ship or marine equipment.

                              ï¿½  Energy generation plants if materials are transported by water or if
                                 large quantities of water are needed for cooling Or generation.

                              ï¿½  Construction materials plants (concrete, etc.) if materials or products
                                 are transported by water.

                              ï¿½  Construction of modular buildings specifically intended to be
                                 transported by barge.

                              ï¿½  Storage of logs transported by water.

                              ï¿½  Utility fines serving waterfront uses.

                              ï¿½  Intermodal transport when water transport is part of the service.

                          Sewage treatment plants and rail service yards in general are not considered
                          water-related.



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                                    SMY Handbook - 1994 Edition


                                    It is clear that many decisions regarding water-related status must be made on
                                    a case-by-case basis and that the bulk of commercial activities located along
                                    the waterfront may be water-related rather than water-dependent. Since the
                                    water-related classification is so broad and includes major industrial activities,
                                    prioritizing land for water-related activities becomes an important aspect of
                                    urban shoreline master program planning. The water-related classification will
                                    be useful for developing requirements aimed at furthering water-oriented
                                    commerce. However, the application of this classification will require careful
                                    review.


                                    Water-enjoyment Use

                                    RCW 90.58.020 addresses, and Chapter 173-16 WAC, Shoreline Management
                                    Act Guidelines for Development of Master Programs, section 0604(a),
                                    specifies that "priority should be given to those commercial developments
                                    which are particularly dependent on their location and/or use of the shorehnes
                                    of the state and other development that will provide an opportunity for
                                    substantial number of people to enjoy the shorelines of the state". The term
                                    lowater-enjoyment" is used to signify those uses which provide an opportunity
                                    for substantial number of people to enjoy the shoreline. The following
                                    definition which sets criteria for evaluating whether or not a particular use
                                    applies is recommended.

                                        Water-enjoyment use means a recreational use, or other usefacilitating
                                        public access to the shoreline as the primary characteristic of the use; or
                                        a use that providesfor recreational use or aesthetic enjoyment of the
                                       -shorelinefor a substantial number ofpeople as a general characteristic of
                                        the use and which through the location, design and operation assures the
                                        public's ability to enjoy the physical and aesthetic qualities of the
                                        shoreline. In order to qualify as a water-enjoyment use, the use must be
                                        open to the general public and the shoreline oriented space within the
                                        project must be devoted to the specific aspects of the use thatfosters
                                        shoreline enjoyment.

                                        Primary water-enjoyment uses may include, but are not limited to parks,
                                        piers and other improvementsfacilitating public access to shorelines of
                                        the state; and general water-enjownent uses may include but are not
                                        limited to restaurants, museums, aquariums, scientificlecological reserves,
                                        resorts and mixed-use commercial; PROVIDED, that such uses conform
                                        to the above water-enjoyment specifications and the provisions of the
                                        masterprogram.







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                         SW Handbook - 1994 Edition



                         Water-oriented Use

                             Water-oriented use is a term that includes an water-dependent, water-
                                                                         y
                             related or water-enjoyment use. In other words, a water-oriented use
                             includes all of the above.


                         Non-water-oriented Use

                             Non-water-oriented uses describe all those uses which have little or no
                             relationship to the shoreline and are not consideredpriority uses under
                             the Shoreline Management Act. Any use which does not meet the
                             definition of water-dependent, water-related or water-enjoyment is
                             classified as non-water-oriented Examples include professional offices,
                             automotive sales or repair shops, mini-storage facilities, multi-fivnily
                             residential and condominium development, department stores and gas
                             stations.


                         Adding public access features to a non-water-oriented use does not necessarily
                         change the use to a water-oriented use. A non-water-oriented use, such as a
                         retail shop, may be found acceptable for a shoreline location if it provides for
                         substantial numbers of the public to enjoy the shoreHne, but in these instances
                         the project would have to provide a significant amount of public benefit -- a
                         simple walkway allowing passage along the water may not be sufficient.
                         Instead, substantial public facilities such as picnic tables, benches and the like
                         wifl most likely be needed and considerably more shoreline space will have to
                         be dedicated for public use. For a large development, a requirement that a
                         public park be provided would not be an unreasonable requirement.

                         Figure 10-1 illustrates water-dependent (W-D), water-related (W-R), water-
                         enjoyment (W-E) and non-water-oriented (N-W-0) uses.


                         Special Tip

                         The term "non-water-dependent " should not be used except in the rare
                         circumstance where you wish to specify all but water-dependent shoreline
                         uses.

















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                 Port associated             Ship repair                          Proposed Maritime Museum
                 warehousing (W-R)           (W-D)                                (W-E) w/ historic ship
                                                                                  moorage(W-D)
                 Industries w/out              Restaurant     Park (W-E)
                 water access (N-W-0)          (W-E)                              Commercial offices (N-W-0)



















                                            Fireboat station


                                                 ireboat moorage
                                                (W-D)

                                                                           Marinas (W-D)

                                                                          Marina storage (W-R)

                                                                                      Cargo transfer (W-R)

                     Tank farm (W-R)                Oil pier (W-D)               Proposed passenger ferrry terminal
                                                                                 (W-D)
                                                                               Proposed Hydroplane Museum (W-E)





                                   Figure 10-1. Examples of water-dependent (W-D), water-related (W-R), water-
                                   enjoyment (W-E) and non-water-oriented (N-W-O) uses.







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                         Physical Requirements of
                         Water-dependent Uses

                         The primary master program tool for giving priority to water-oriented uses is a
                         set of master program policies and regulations that encourages water-oriented
                         uses and restricts non-water-oriented uses. These provisions could be applied
                         uniformly across the urban shoreline environment. However, it is
                         advantageous to refine this approach by requiring water-dependent activities
                         only in those areas most suited for them and to write use requirements that
                         encourage specific use types such as cargo teirminals, marinas, waterfront
                         parks, etc., in specified districts that have compatible environmental conditions
                         and support facilities. To accomplish this, a comprehensive shoreline program
                         is necessary that identifies the most suitable areas for the different shoreline
                         uses and recommends a set of regulatory measures (the shoreline master
                         program being the most prominent) and civic actions to implement its
                         objectives.

                         Chapter 3 of this Handbook presents a process for comprehensive waterfront
                         planning that includes:

                         I . Inventorying shoreline characteristics that affect waterfront development.

                         2.  Identifying the requirements for potential water-oriented uses.

                         3.  Determining the suitability of specific shoreline areas for various shoreline

                             uses.


                         4.  Determining the development potentials of each shoreline area.

                         5.  Formulating a waterfront development/management strategy on which
                             master program provisions and capital improvement programs can be
                             based.

                         In recent years, several cities including Bellingham, Aberdeen, Everett,
                         Olympia, Oak Harbor, Tri-Cities, Seattle and others have undertaken
                         comprehensive shoreline planning efforts. One resource that would have
                         assisted these projects is a listing of the physical requirements for various
                         water-dependent uses. With such a listing, the capability of various shorelines
                         to accommodate specific uses could more easily be determined.

                         Figure 10-2 presents the physical requirements and environmental constraints
                         for typical water-oriented uses. Two caveats should be noted. First, physical
                         requirements can vary widely for certain uses. Obviously, there are several
                         different types of shipbuilding, marine construction and aquaculture activities
                         within these broader use categories. New technologies are changing the


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                                   SMIP Handbook - 1994 Edition



                                   requirements over time. Also, many of the uses such as marinas and parks
                                   could vary widely in size. The figures can only indicate typical sizes for
                                   existing facilities in Washington. Secondly, figure 10-2 is not specific enough
                                   for individual site planning, which requires analysis of the specific situation. It
                                   is intended for comprehensive and conceptual level planning only.
















                                                                                                        44




                                                                                                                    14
                                                                                                                    &-













                                                                                       L;-j





























                                   Chapter 10 - Promoting Water-oriented Uses                                 H-371








                Figure 10-2. Generalized physical requirements for specific water-oriented uses (page I of 5).



                                                     Cargo Terminal Tug & Barge                 Major Ship          Commercial Boat Terminals
                                                        (Container)          Terminal             Building          Building &           (up to 100'
                                                                                                                       Repair             Vessels)

                Pier depth                              50'                25'                  50'                 25'                20'-50'
                (in feet below M.L.L.W.)

                Pier Length (feet)                      8001+              400'                 1200'               250'               100,

                Minimum Land Area                       25 acrestberth     I acre               10 acres            2 acres            2 acres
                Required (acres)
                Desirable Land                          100 acres          Site-specific        20 acres            5 acres            10 acres
                Area (acres)

                Submerged Land Area                     5 acres            Varies               10 acres            I acre             10 acres
                Required (acres)
                Wave Protection                         Not required       Required             Desirable           Required           Required
                (rcquired/not required/
                may be required)

                Access Requirements
                (required/desirable/not req.)
                  Highway                               Desirable          Not required         Not required        Not required       Not required

                  Arterial Truck Route                  Required           Desirable            Required            Desirable          Desirable

                  Arterial                                                 Required             Required            Required           Required
                  Rail                                  Required           Not required         Required            Not required       Not required
                  Proximity to Airport                                     Not required         Desirable           Not required       Not required
                Compatible with                         No                 Possibly             No                  No                 Possibly
                Residences

                Compatible with Water-                  Possibly           Yes                  No                  No                 Yes
                enjoyment/Recreation
                Activities

                Benefits from Proximity to              No                 No                   No                  No                 Possibly
                Tourist/Commercial Activities

                Other Required Facilities                                                                           Public utilities   Utilities
                or Conditions

                Parking Requirements                    I/Cmploycc         I/employee +         I/employee +        I/cmployee +       2/boat
                (spaces/unit)                                              visitors             visitors            visitors
                Notes                                   Lights: Heavy
                                                        impacts to
                                                        residences


                                                        Noise: 24-hour
                                                        operations






                                                                                                                                                      H-372







                 Figure 10-2. Generalized physical requirements for specific water-oriented uses (page 2 of 5).


                                                         Cruise Ship           Auto Ferry            Passenger           Recreational          Dry Land
                                                        Ship Terminal           Terminal           Ferry Terminal           Marina             Boat Yard
                                                                                                   Boating Services
                 Pier depth                             35'                  26'                   26'                   10,                 15'
                 (in feet below M.L.L.W.)
                 Pier Length (feet)                     800,                 NA                    NA                    20'-60'             40'

                 Minimum Land Area                      3 acres              2 acres               I acre                Varies              I acre
                 Required (acres)
                 Desirable Land                         6 acres              5 acres               2 acres               2 times water       Varies
                 Area (acres)                                                                                            area
                 Submerged Land Area                    6 acres              2 acres               I acre                Avg: 24             Yes
                 Required (acres)                                                                                        berthtacre
                 Wave Protection                        Not required         May be required       May be required       Required            Yes
                 (required/not required/
                 may be required)

                 Access Requirements
                 (required/desirable/not req.)
                  Highway                               Required             Required              Desirable             Desirable           Desirable

                  Arterial Truck Route                  Required             Required              Desirable             Desirable           Desirable
                  Arterial                              Required             Required              Required              Desirable           Required
                  Rail                                  Not required         Required              Not required          Not required        Not required
                  Proximity to Airport                  Required             Not required          Not required          Not required        Not required
                 Compatible with                        Possible             Yes                   Yes                   Yes                 Possibly
                 Residences

                 Compatible with Water-                 Yes                  Yes                   Yes                   Yes                 Possibly
                 enjoyment/Recreation
                 Activities

                 Benerits from Proximity to             Yes, required        Yes                   Yes                   Yes                 Possibly
                 Tourist/Commercial Activities

                 Other Required Facilities              Hotel &              Transit bus           Transit bus           Boating             Hoist or travel
                 or Conditions                          visitors services    service               connections           services            lift
                                                                                                                         desirable

                 Parking Requirements                   Project-specific     200 + stalls +        20 + stalls           I spacel. 5         1 spacel.5
                 (spaces/unit)                                               (Min.)                (h&n.)                berths to I         berths to I
                                                                                                                         spacell berth       space/I berth

                 Notes                                  Links to other                                                   Provide public
                                                        passenger                                                        utilities
                                                        access critical


                                                                                                                         Compatible
                                                                                                                         with public
                                                                                                                         access and
                                                                                                                         parks


                                                                                                                                                       H-373








                    Figure 10-2. Generalized physical requirements for specific water-oriented uses (page 3 of 5).



                                                             Public Fishing               Car-top boat              Water-oriented
                                                                   Piers                  Launch Sites                    Parks

                    Pier depth                            30'
                    (in feet below M.LLW.)
                    Pier Length (feet)                    Varies/16'min.

                    NUnimum Land Area                                                 10'-20'easement from
                    Required (acres)                                                  ROW
                    Desirable Land                        Depends on access           Parking controls area
                    Area (acres)

                    Submerged Land Area                   I acre                      10'-20'(W) easement         5 acres (min.)
                    Required (acres)
                    Wave Protection                       Not required                May be required             Not required
                    (required/not required/
                    may be required)

                    Access Requirements
                    (required/desirable/not req.)
                     Highway                              Not required                Not required                Not required
                     Arterial Truck Route                 Not required                Not required                Not required
                     Arterial                             Not required                Desirable                   Desirable

                     Rail                                 Not required                Not required                Not required
                     Proximity to Airport                 Not required                Not required                Not required
                    Compatible with                       Adequate parking &          Yes w/adequate              Yes, if beaches are
                    Residences                            screening                   parking                     posted and parking
                                                                                                                  adequate
                    Compatible with Water-                Yes, except nearby          Yes                         Not w/fishing, boating
                    enjoyment/Recreation                  boating
                    Activities

                    Benefits from Proximity to            Yes, e.g. parks             No                          No
                    Tourist/Commercial Activities         assignments, ferries
                    Other Required Facilities             Bait and tackle shop        Water access at all         Dive shop and
                    or Conditions                         near by                     tides                       changing room
                                                                                                                  desirable

                    Parking Requirements                  1/2 # of anglers            Depends on usage            Depends on usage
                    (spaces/unit)
                    Notes                                 Benefits from varied        No, or low bank             Access to water via
                                                          water depth &               shoreline desirable;        hard beach, steps,
                                                          substrate                   avoid mud/silt subtidal     ladders or ramps

                                                          Artificial reefs for fish   Stepped bulkhead or         Area needs to be
                                                          enhancement                 narrow ramp desirable       secure from boat
                                                                                                                  traffic




                                                                                                                                                        H-374







                 Figure 10-2. Generalized physical requirements for specific water-oriented uses (page 4 of 5).



                                                       Large Fishing              Fish              Log             Petroleum            Marine
                                                       Boat Terminals        Processing          Terminal           Terminal/         Construction
                                                    (Factory Trailers)                                              Tank Farm              Yard
                 Pier depth                            50'                  35'                35-40'               40-80'            15,
                 (in feet below ]VULL.W.)
                 Pier Length (feet)                    300'+                500' x 75'         750'                 400-6001

                 Minimum Land Area                     10 acres             4 acres            20 acres             20 acres          2 acres
                 Required (acres)

                 Desirable Land                        10 acres             6 acres            40-100 acres         40 acres          4-6 acres
                 Area (acres)

                 Submerged Land Area                   Access               Access             Access               Access            1-2 acres
                 Required (acres)
                 Wave Protection                       Possibly             Required           Possibly             Possibly          Yes
                 (required/not required/
                 may be required)

                 Access Requirements
                 (reqttired/desirable/not req.)
                   Highway                             Desirable            Desirable          Desirable            Possibly          Desirable
                   Arterial Truck Route                Required             Required           Required             Required          Required

                   Arterial
                   Rail                                Not required         Not required       Not required         Required          Desirable

                   Proximity to Airport                                     Desirable          Not required         Not required      Not required

                 Compatible with                       Possibly             No                 No                   No                No
                 Residences

                 Compatible with Water-                Possibly             Possibly           No                   No                Possibly
                 enjoymcnt/Recreation
                 Activities

                 Benefits from Proximity to            No                   Possibly           No                   No                No
                 Tourist/Commercial Activities

                 Other Required Facilities                                                     Spill
                 or Conditions                                                                 containment

                 Parking Requirements                  I/outfitting         I/employee         NA                                     NA
                 (spaces/unit)                         employee

                 Notes                                                      Port of Seattle    Log trucks           Block views.
                                                                            is considering     impact road          Tanks could be
                                                                            as part of         cond. on             buried.
                                                                            harborfront        uplands
                                                                            redevelopment







                                                                                                                                                 H-375








                Figure 10-2. Generalized physical requirements for specific water-oriented uses (page 5 of 5).



                                                     Grain Terminal           Public Boat            Aquaculture            Aquaculture
                                                                                  Launch                 (Fish)               (Shellfish)

                Pier depth                           65'NA                  8760' under pens       Minimum access
                (in feet below M.L.LW.)
                Pier Length (feet)                   800-1400               NA                     20'-50'                 Minimum access

                Minimum Land Area                    10 acres               Varies                 1/2 acre                1/2 acre
                Required (acres)

                Desirable Land                       10+ acres              Varies                 2 acres                 2 acres
                Area (acres)
                Submerged Land Area                  5 acres                Minimal                5-30 acres              5-30 acres
                Required (acres)
                Wave Protection                      May be required        Required               Buoys                   Not required
                (required/not required/
                may be required)

                Access Requirements
                (required/desirable/not req.)
                 Highway                             Desirable              Desirable              Desirable               Desirable
                 Arterial Truck Route                Required               Desirable              Desirable               Desirable

                 Arterial                                                   Required               Desirable               Desirable

                 Rail                                Required               Not required           Not required            Not required
                 Proximity to Airport                                       Not required           Desirable               Desirable
                Compatible with                      No                     Possibly               Possibly                Yes
                Residences                                                  w/screening

                Compatible with Water-               Yes                    Yes                    Possibly                Possibly
                enjoyment/Recreation
                Activities

                Benefits from Proximity to           No                     Possibly               Retail                  Retail
                Tourist/Commercial Activities
                Other Required Facilities                                   Low current on
                or Conditions                                               rivers
                Parking Requirements                                        I car & trailer        I stall/empl.           I stall/empl.
                (spaces/unit)                                               spaces per lane
                Notes                                Dust-generating        Great demand for
                                                                            these
                                                     Structure can block    Generates peak
                                                     views                  traffic & parking
                                                                            demand







                                                                                                                                               H-376









                                    SMP Handbook - 1994 Edition



                                    General Guidelines for Setting
                                    Water-dependency Requirements on
                                    Urban Waterfronts

                                    If a jurisdiction has an urbanized shoreline suitable for water-dependent uses,
                                    at least a portion of that shoreline should be reserved for water-dependent
                                    uses. The easiest way to accomplish this is to use sub-classifications -of the
                                    urban environment designation. The following guidelines outline a general
                                    approach to setting water-dependency use regulations in urban environment
                                    designations.

                                    A.  Top priority should be given to those areas with deep draft shipping
                                        capabilities that are suitable for industry and commerce. SMPs should limit
                                        uses to water-dependent uses, water-related uses supporting the water-
                                        dependent uses, or public access. This can be done by creating an "urban-
                                        maritime" environment with such requirements. Other uses can be
                                        permitted as auxiliary or conditional uses. If other uses are allowed,
                                        11 primacy" can be given to water-dependent uses in case there-are any
                                        questions of compatibility. This means that water-dependent uses such as a
                                        boat paint shop can be built even though they n-dght impact adjacent non-
                                        water-dependent uses. Current water-dependent activity areas should be
                                        retained unless there is a compelling reason to do otherwise.

                                    B.  Areas where large-scale industrial and commercial uses are not feasible but
                                        which are suitable for smaller-scale water-dependent activities (e.g.
                                        recreational boating, small-scale fishing and boat repair) should require that
                                        new shoreline development emphasize water-dependent uses by one of the
                                        methods below:

                                        I .Permitting water-depend--nt uses solely- or
                                                                                    7

                                        2. Requiring that a portion (percentage) of the development be water-
                                           dependent by encouraging n-@xed-use projects that combine water-
                                           dependent uses with public access and water-enjoyment or limited non-
                                           water-oriented uses; or

                                        3. Requiring that a designated portion or percentage of shoreline of the
                                           suitable area be reserved for water-dependent uses; or

                                        4. Conditioning non-water-dependent uses so they do not displace
                                           existing water-oriented uses and/or are located so that they do not
                                           preclude future water-dependent uses suitable for the site. For


                                    Chapter 10 - Promoting Water-oriented Uses                                   H-377









                         SMY Handbook - 1994 Edition



                                 example, the conditions might require that a resort complex be set back
                                 from the water a sufficient distance to allow future cruise ship, or
                                 passenger ferry moorage.

                         Special Tip

                         7he differences in physical requirements between small craftlrecreational
                         boatingfacilities and large cargolshipbuilding activities oftenfonn a natural
                         separation between these two ranges of uses. 7he shallow water depth that
                         prohibits larger vesselsfacilitatesfloal and breakwater constructionfor
                         marinas.


                         C. There may be a third condition where the suitability for most water-
                             dependent uses is limited because:

                             I . Little or no upland area exists nearby.

                             2.  Other uses such as the central business district (CBD) or residential
                                 neighborhood make large industry intrusive.

                             3.  Heavy wave action limits small boat use.

                             4.  Lack of access or traffic congestion prevent efficient activities.

                             5.  Proximity to the CBD with demand for pedestrian-oriented uses.

                             6.  Environmental conditions make dredging, filling or other shoreline
                                 modifications impractical.

                             7.  Opportunity for civic redevelopment using shoreline as a public amenity
                                 is a community goal.

                         D.  In these cases where suitability of water-dependent uses is limited,
                             opportunities for water-dependent activities should be sought and
                             incorporated into the development. A special environment designation can
                             be developed with less stringent water-dependency requirements.
                             Examples of SNIP requirements include:

                             1. Requirement for providing moorage on all development directly on the
                                 shoreline.

                             2. Incentives for n-@ixed-use development incorporating substantial water-
                                 dependent uses.






                         Chapter 10 - Promoting Water-oriented Uses                                H-378









                                 SW Handbook - 1994 Edition



                                     3.  Requiring public access for all projects in the environment. Access
                                         requirements should be specific in intent and include design
                                         specifications.

                                     4.  Restricting development to water-oriented use on the ground level
                                         and/or waterfront side of the development.

                                 Chapter 12 discusses master program techniques local governments can use to
                                 encourage a broad spectrum of water-oriented activities on their waterfronts.

                                 Another important way to encourage water-oriented uses on the waterfront is
                                 to classify existing non-water-oriented uses in areas suitable for water-
                                 dependent development as non-conforming uses. This means that the existing
                                 uses would be "grand fathered" (allowed to remain on the shoreline) but not be
                                 allowed to expand. By setting clear requirements that existing non-conforming
                                 uses not be allowed to expand in an environment designation where water-
                                 oriented uses are given priority, a master program can prevent the further
                                 encroachment of inappropriate activities into key maritime
                                 commercial/industrial sites.





































                                 Chapter 10 - Promoting Water-oriented Uses                               H-379









                                   SMP Handbook - 1994 Edition












                                   CHAPTER 11
                                   Master Program
                                   Provisions for
                                   Mixed-use Projects


                                   Definition and Objectives

                                   Mixed-use projects are developments that combine water-dependent uses with
                                   water-enjoyment uses and/or non-water-oriented uses. Mixed-use
                                   developments can be a tool for achieving increased water-dependent activities,
                                   civic revitalization and public access on the shoreline. To encourage mixed-
                                   use projects that achieve a public benefit, special provisions can be included in
                                   a master program that offer a potential developer incentives or more latitude
                                   than normal master program requirements. In return, the developer's proposal
                                   must include elements that further the objectives of the Shoreline Management
                                   Act and benefit the public. Implicit in the concept of n-dxed-use provisions is
                                   that additional development incentives must be justified by increased and long-
                                   term public benefit resulting from the project and that the public benefit must
                                   relate to the SMA objectives. Generally, in mixed-use projects the water-
                                   oriented uses and non-revenue recreation uses are "subsidized" by the
                                   economic advantages of the other uses in the sense that the water-oriented uses
                                   could not be econon-dcally developed without support from viable non-water-
                                   oriented uses.

                                   Typical benefits and incentives that are balanced in mixed-use projects are
                                   described below.



                                   Chapter 11 - Mixed-use Projects                                              H-380









                          SW Handbook - 1994 Edition


                          Shoreline Management
                          Objectives for Mixed-use Projects

                          A. Giving priority to water-dependent uses by:

                              1 . Including significant water-dependent development as part of a mixed-
                                  use project; or

                              2.  Reserving a portion of the site for development of water-dependent
                                  development; or

                              3.  Providing facilities that support on-site or adjacent water-dependent
                                  activities (e.g. support services for fishing industry).

                          B. Giving the public greater opportunities to enjoy the shoreline by:

                              1. Including water-enjoyment uses as part of the project; and

                              2. Integrating significant public access elements into the project; and

                              3. Providing special design elements or features such as view corridors,
                                  natural shoreline landscaping, etc.

                          C. Protecting a natural resource by:

                              1. Including a protected habitat area as part of the project; or

                              2. Enhancing the biological qualities of a degraded or polluted site.


                          Development Incentives For Projects
                          Which Serve SMP Objectives

                          A. Greater height or development intensity than normally permitted under the
                              SNTI

                          B. Greater range of potential permitted uses;

                          C. Greater potential for over-water construction as a conditional use; and

                          D. Greater flexibility in site design standards.







                          Chapter 11 - Mixcd-use Projects                                            H-381









                                   SMP Handbook - 1994 Edition


                                   Mixed-use Development Issues

                                   The Urban Waterftont Policy Analysis produced by the Washington State
                                   Department of Ecology in 1986 addressed the following issues related to
                                   mixed-use projects:

                                   L  Methods to weigh the project's public benefit against its potential impacts
                                      and how to incorporate public input into the decision process.

                                   2. A process to "negotiate" design elements and use requirements. Typically,
                                      reviewers and development applicants need to be able to mutually resolve
                                      numerous planning and design issues such as amenities of use, public
                                      access design, urban design controls, integration with local surroundings,
                                      parking and circulation, etc.

                                   3. Ensuring that the water-dependent use is not abandoned after the project is
                                      developed, leaving essentially a non-water-dependent project on the
                                      shoreline.

                                   4. Evaluating whether or not the "subsidy" of water-dependent or recreational
                                      uses is legitimate and necessary.

                                   5. Involving the Washington Department of Ecology and the Washington
                                      Department of Natural resources, (if DNR is involved as land owner) into
                                      the initial stages of the review process.

                                   6. Ensuring that the project does not set an undesirable precedent that can be
                                      copied in other areas.










                                                          IfT_

                                                                  4
                                                                 r

                                                                                            T





                                   Chapter 11 - Mixed-use Projects                                         H-382









                         SMI? Handbook - 1994 Edition



                         This chapter describes more specific master program techniques for mixed-use
                         projects, focusing on problems and examples related to the above issues that
                         have arisen during the past few years.

                         In addition, the SMA and WAC 173-16 objectives, along with Ecology permit
                         review experiences in recent years, indicate policy guidelines that set certain
                         limitations or constraints on SMP mixed-use provisions, which are discussed
                         below.

                         Specifying Where Mixed-use
                         Projects Are Permitted

                         The most effective way to reduce the chance of an inappropriate mixed-use
                         proposal, or to avoid setting a dangerous precedent for proposals in
                         incompatible locations is to state specifically where on the shoreline mixed-use
                         projects are permitted. Unless there is an unusual situation, mixed-use projects
                         should be restricted to urban environments, as they fit with the objective of
                         Ilensur[ing] optimum utilization of the shorelines within urbanized areas by
                         providing for intensive public use and by managing development so that it
                         enhances and maintains shorelines for a multiplicity of urban uses" (see WAC
                         173-16-040(4)(4)). Within the urban environment, mixed-use projects should
                         be restricted to those areas where:

                         1.  An intensive mix of uses would not conflict with established or potential
                             water-dependent uses.

                         2.  Development would not damage an important environmental resource.

                         3.  Mixed-use development would not occupy a shoreline that is a unique
                             resource for a major water-dependent activity (such as a large site with
                             deep water and rail access that is suitable for a container cargo yard, log
                             shipment facility, major boat building shop, etc.).

                         4.  There is a nearby urban center, large population, unique activity or special
                             amenity that would benefit from more intense shoreline development.

                         5.  More intensive shoreline use fits with state and local public policies and
                             planning objectives.

                         Restricting mixed-use projects to appropriate locations along the shoreline has
                         the additional benefit in that the master program site design standards and
                         permit conditions can be tailored to take maximum advantage of those
                         shorelines.





                         Chapter 11 - Mixed-use Projects                                           H-383









                                    SW Handbook - 1994 Edition



                                    Potential locations for mixed-use projects can be specified in SMPs in any one
                                    of the ways described below:

                                    I .Define a special environment designation such as "urban mixed-use" where
                                       mixed-use projects are permitted and the special n-dxed-use provisions
                                       apply; or

                                    2. Indicate the sections of the shoreline to which the mixed-use provisions
                                       apply. This method is useful when there are only a few specific properties
                                       or points along the shoreline that are suitable for mixed-use projects; or

                                    3. List specific conditions that must exist at a site to be considered for a
                                       mixed-use project. Conditions n-dght include a more specific statement of
                                       those geographical limitations described above. Because it is based on a
                                       performance standard, this technique is more subject to interpretation and
                                       therefore less preferred than the other two approaches above. It should
                                       only be used if the mixed-use provisions themselves are very specific and
                                       provide strong controls during the review process.

                                    Special Tip:

                                    Potential locationsfor mixed-use projects should be one of the items
                                    considered during the shoreline inventory and suitability analysis (see
                                    Chapter 3, SMP Amendment Process).


                                    Specifying Requirements and
                                    I n-centives for Mixed-use Projects

                                    Master program provisions for mixed-use projects should list the general
                                    objectives and specific requirements that the project must meet in order to
                                    qualify as an acceptable tr@ixed-use project. A key element in mixed-use
                                    projects is, of course, the water-dependent and water-enjoyment uses. It is
                                    clear that many decisions regarding water-related status must be made on a
                                    case-by-case basis and that the bulk of commercial activities located along the
                                    waterfront may be water-related rather than water-dependent or water-
                                    enjoyment uses. If mixed-use projects do not include either or both of these
                                    uses they are not truly mixed-use projects. Adding public access elements
                                    (such as a boardwalk) or environmental mitigation (such as wetland
                                    enhancement) to a proposal does not make it a mixed-use project.


     0




                                    Chapter 11 - Mixed-use Projects                                             H-384









                         SW Handbook - 1994 Edition


                V:RF     Special Tip:

                         If the local government's development objectivefor a specific section of
                         shoreline is public access or environmental enhancement, then these elements
                         should be conditions placed on any development permit Ae master program
                         may also provide incentives such as greater intensity or a wider range of uses
                         with the increase ofpublic access or environmental enhancement Specific
                         standardsfor meeting these conditions are open simpler than mixed-use
                         provisions, which involve a wider range of options and variables.

                         Below are listed several examples of methods to specify the type and amount
                         of water-dependent or water-enjoyment uses. (The term "water-oriented" is
                         used to specify water-dependent, water-related, or water-enjoyment uses.) In
                         essence, the provisions are formulas for setting the amounts and locations of
                         non-water-oriented and water-oriented uses. V&ch type of formula is most
                         appropriate depends upon local conditions.

                         Figure I I -I illustrates Fisherman's Tern-drial in Seattle, a mixed-use project
                         with water-dependent, water-related, water-enjoyment and non-water-oriented
                         uses. The City of Seattle's SNT determined the location and quantity of non-
                         water-oriented uses.









                                         ill IM
                                            0


                                             j























                         Chapter 11 - Mixed-use Projects                                           H-385









                                                 SMEP Handbook - 1994 Edition

















                      Small   ssel Repair 2 5,060 SF'

                                                'F-                                                                                                  Expansion Area
                      NW Dock Staglngi 0.000 sr-

                                                                                                                                                     New NW Doci 150'-Wide
                      Net Repair 8,000 SF




                      Vessel Storage 12,000 SF
                                                                                 J


                                                                                                                                                        - - - - - - -- - - - -
                                                                                            - - - - - - - - - - --- - - - - -7-
                      EqJip. $@orag. 28.000
                      35 @1. Wide Work Area                                                                                                           Utu   Do k Widening
                      Roaclwa@ 30 Ft.

                                                                                                                                                 iY!
                                                                                                                                                 i P
                      Fish Auction 201, 0 S
                                     0
                      Otfl@ces Above 4 1., LOSL
                         I


                      Potential Site Fislhrrnve@'s                    t
                      Memorial



                                                                                                     J- 1-1
                      New Restaurant at 8,0 00-S   11.                                              4@
                      10,500SF Office Seconanooi@                                                         -T-
                                       aii  8,000 SF OfIJ
                      New 11,000 SF Rot

                      4 000 SF Coffee Shop 2.500 SF Tavarn
                      9:000 SF Qffice Second Floor


                      Offices & a"


                      C-2 Bldg. Ground.PL, Commercial
                      New 2nd FL. Offices at 15.000 SF


                      Ne"et Shed 18.000                                                           -11 E- si





                                                 Figure 11-1. Fishermen's Terminal in Seattle. A mixed-use project with water-
                                                 dependent, water-related, water-enjoyment and non-water-oriented uses. The location
                                                 and quantities of non-water-oriented uses were set by Seattle's SMEP.
                                            SF
                                              I D @-SF
                                            ;@F
                                                                                                                            L





























                                                 Chapter 11 - Mixed-use Projects                                                                           H-386









                           SMP Handbook - 1994 Edition


                           Formulas for Setting Water-oriented
                           Use Requirements

                           Five methods for reserving portions of new development for water-oriented
                           uses are described below.

                           A. Require that a certain percentage of a building's ground floor area be
                              water-oriented. Example: "A minimum of 85 percent of the total ground
                              floor building area of all structures shall be water-oriented uses" (see
                              Figure 11-2).


                                    Non-water-onented use



                                                               8
                                                                 5%  (e.g.) of all ground floor building
                                                         ...   area must be water-dependentOTwater
                                                               enjoyment uses


                                                                       --------------- - -



                                                                       Water-dependent uses 2aly
                                                                       over water


                                                                      - ------------ - - -



                                                                      --------------

                                              200' Jurisdiction      -------------
                                                                          a
                                                                    ;=@er-der@ndent use
                                                                       0  er wat























                                                   r. :.. - 7.







                                        Cross section
                           Figure 11-2. Mixed-use formula based on a maximum percentage of the building's
                           ground floor area being non-water-oriented.


                           Chapter 11 - Mixed-use Projects                                             B-387









                                   SMP Handbook - 1994 Edition


                                   B. Base the required amount of water-oriented uses on a percentage of site
                                       area (see Figure 11 -3). Example: Non-water-oriented uses are permitted
                                       when:

                                       I .The non-water-oriented commercial uses occupy no more than 15
                                          percent of the dry land area of the site.

                                       2. The uses are located on site to accommodate water-dependent, water-
                                          related or water-enjoyment uses that are included as part of the
                                          development proposal or are existing on the site. Parking required for
                                          each use shall be incorporated as part of the land area for that use.

                                       Note: Master programs should indicate how the amount of required
                                       parking is calculated on the site. 7hese types ofprovisions are usefulfor
                                       large master-planned sites.


                                   C.  Designate a parallel environment that applies to all submerged land and, if
                                       desired by local government, all dry uplands within 100 feet of the
                                       shoreline (see Figure 11 -4).

                                       Note: With thisformuld, a property owner would be encouraged to
                                       develop a mixed-use project to get maximum use of hislher site.


















                                                                    -Z W"W








                                   Chapter 11 - Mixed-use Projects                                           H-388









                           SMEP Handbook - 1994 Edition




                           *Non-water-oriented use may occupy up to 15 % of lot


                                                      Office (non-water-oriented)

                               Parking serving offices is counted as non-
                               water-oriented land area                                  Restaurant (water-
                                                                                         enjoyment)


                                                                                  -------------





                                                                             --------- -----
                                                                          -- ------------------


                                     7tin





                                                      cm:r>





                                                                                          ------ - ------



                                                 ...............            6

                             *85 % of lot reserved for water oriented uses



                             Note that this provision would calculate the
                             % of entire shoreline lot area, not just within
                             the 200' of the shoreline. The regulations
                             could also be written to apply just to the 200'
                             jurisdiction.


                             Figure 11-3. Mixed-use formula based on a percentage of land area.













                             Chapter 11 - Mixed-use Projects                                                 H-389









                                                       SMP Handbook - 1994 Edition











                                                                                            -- - - - ----------   --- -- ----
                                              200'
                                                                                                                                        Water-oriented uses required in this
                                                                                                                                        area

                                                                                                                      ---------------
                                                                                            --------------------


                                                                          ..........








                                                                                      .. ..............           - - --------------


                                                                                                                                        Parallel environment (called urban-
                                                                                                                                        maritime or other name to denote
                                                                                                                                        water-oriented use requirements)
                                                                     ..............
                                                                    ...............
                                                                                                                         -----------
                                                                                                                                        where water-ofientation is required
                                                                                          - - - - - - - - --
                                                                    . ... . . . . . . . . . . .



                                                                                          ------------------

                                                                                                  -----------------
                                                                                                                ---------------------



                                                                                            ---------- ------

                                                                     .............
                                                                     ..............

                                                                                    . .........
                                                                                                            -------- - --------






                                                                                            Boat house




                                                                    ...............
                                  ............................................. .
                                          ...................
                                                                    ..........
                                    ......                                    ......
                                                                                                    ------------------
                                                         .....                ......  .........
                                                                                                       ............    --------------
                                      Upland                         Shoreline parallel
                                      environment                    environment


                                   Section




                                                       Figure 114. Mixed-use provisions using parallel environments that require water-
                                                       oriented uses.
                                              'A@@
































                                                                                                                         -----------

























                                                       Chapter 11 - Mixed-use Projects                                                                                         H-390









                            SW Handbook - 1994 Edition



                            D.  Use the parallel environment technique in "C" above and allow the property
                                owner the option of building I square foot of site area in the shoreline
                                environment for every square foot of site area of water-oriented use in the
                                upland environment. No non-water-oriented use should be permitted over
                                water. In some cases they may be permitted as conditional uses. See
                                discussion on conditional uses below. No parking or access roads serving
                                the non-water-oriented uses should be allowed in the shoreline environment
                                (see Figure 11-5).

                                Note: Since this type of mixed-use provision allows a great number of
                                possible types of site design variables, it is recommended that option "D"
                                be allowed only as a conditional use.



                                                          .....................   ater-dependent use only over water

                                                                                Non-water-oriented use developed at
                                                                                same time as water-dependent use as
                            !Non-Water-Oriented                                 part of mixed-use master plan





                    M M% - - - - - -                                            Water-oriented development must
                                                                           -precede or be concurrent with
                                               . . . .. ......           ---------- non-water-oriented development

                      ate -     I nte
                      Dev         ent









                                                                --------------
                                                                ..............
                                                                                       -oriented uses in upland
                                                                                Water
                                                    XXX                         environment in greater amount
                                                                                than the non-water-on'ented uses
                                                                                in the shoreline environment

                                  200' Jurisdiction
                                                              7 01


                            Figure 11-5. Mixed-use provisions allowing non-water-oriented uses if the uses are set
                            back from the shoreline.






                            Chapter 11 - Mixed-use Projects                                                   H-391









                                      SMP Handbook - 1994 Edition



                                      E.    Specify where non-water-ofiented uses are allowed. Port Townsend has
                                            recently formulated a mixed-use development provision for allowing non-
                                            water-oriented uses on the interior of an over-water building if water-
                                            oriented uses occupy the remainder of the building envelope. A possible
                                            regulation might be worded: Non-water-oriented uses not exceeding 15
                                            (e.g.) percent of total building area, are pern-dtted over-water as conditional
                                            uses, provided that they are separated from the shoreline, dock or pier by a
                                            water-oriented use and a continuous public access pathway (see Figure I I-
                                            6).











                                         ----- --------


                                            ----------


                                            Zw@
                                                                                              Pier Structure



                                                                                             Public access and moorage required
                                                                                             around perimeter of pier





                                                                              ----- ------------
                                                                                    -----------


                                                                              ---- - -----



                                                                      ------------------
                                               -- - ------  - ------- ------------- - -



                                 Water-oriented     use
                                                                              Non-water-oriented use allowed if
                                                                              a viable water-oriented use separates
                                                                              the water from the non-water-oriented use



                                                                    ......................


                                                              LAL



                                      - - - - ---------
                                         ----     ------







                                      Figure 11-6. Illustration of mixed-use pro-visions requiring that non-water-oriented uses
                                      be separated from the shoreline by public access and a water-oriented use.




                                      Chapter 11 - Mixed-use Projects                                                     H-392









                         SMP Handbook - 1994 Edition



                         F. Moorage Requirements. Reserve moorage space for vessels by specifying
                             the amount and type of moorage facilities for over-water construction.
                             The following moorage requirements are from the Seattle Shorehne Master
                             Program Central Harborfront Environment.


                                LE: CITY OF SEATTLE SHORELINE MASTER PROGRAM

                         23.60.700 Moorage Requirements

                         A. Developments in the UH Environment shall provide moorage on a regular
                             basis either through:

                             1. Using moorage as an integral part of their operation; or

                             2. Leasing their moorage for use by commercial or recreational
                             watercraft; or

                             3. Actively advertising the availability of transient moorage.

                         B.  To facilitate moorage, developments shall provide either:

                             1. Cleats on the two sides of the pier sufficiently strong for the moorage
                             of vessels 100 feet in length; or

                             2. Floats, for moorage of smaller vessels, that are at least 1,800 square
                             feet with a minimum width of 6 feet; or

                             3. Alternative moorage facilities providing an equivalent amount of
                             moorage, as determined by the Director.

                         C.  To facilitate access to moorage, developments shall provide:

                             1. A pier apron of a minimum width of 18 feet on each side and the
                             seaward end of the pier or wharf, and

                             2. Railings and/or ramps designed to permit access to the pier apron or
                             roadway from moored ships and boats.

                             3. Requiring a specific amount of moorage space per one I square foot of
                             development. Example: At least 50 linear feet of mooring floats or
                             berthing pier with at 20 feet of water depth below MLLW shall be
                         L   provided per 1000 square feet of gross building floor area.







                         Chapter 11 - Mixed-use Projects                                         H-393









                                  SW Handbook - 1994 Edition

     40                           Site Development Standards
                                  for Mixed-use Projects

                                  Since mixed-use projects encourage more intense development and a variety of
                                  activities, it is often usefW to require special site design standards that further
                                  public objectives. Site design standards in the form of conditions on mixed-use
                                  projects can relate to public access, height and view blockage, landscaping and
                                  environmental protection. Below are listed typical site design standards that
                                  should be considered in preparing mixed-use development provisions.

                                      Note: Such standards can be writtenfor any type of development but
                                      since mixed-use is essentially a bonusforpublic benefit, the standards can
                                      be more extensive and speci/11c. 7he requirements below are presented as
                                      examples. 7he numbers and dimensions mayor may not apply.


                                  A. Public Access

                                      1. Requiring specific public access elements such as a public pathway 12
                                         feet wide along the waterward perimeter of all over-water structures
                                         except where limited by a water-dependent use.

                                      2. Requiring a public access path to the waterward side of all non-water-
                                         oriented uses and specifically stating that no non-water-oriented use
                                         shall limit the public's ability to access the shoreline.

                                      3. Requiring special facilities for activities such as bicycles, children's play
                                         area, etc.

                                      4. Requiring 10 linear feet of public seating per 100 linear feet of shoreline
                                         or square feet of required public open space.

                                      5. Requiring 45 percent of the site be retained as public open space or that
                                         25 percent of all over-water structures be public open space, and
                                         further requiring the public open space not be separated from the
                                         shoreline by buildings or parking.

                                  B. Height, Bulk and View Blockage

                                      1. Requiring that buildings over 35 feet above NUIHW be set back 30 feet
                                         from the OHWM for every foot above 35 feet and requiring that the
                                         setback area be used for public open space.







                                  Chapter 11 - Mixed-use Projects                                          H-394









                           SMI? Handbook - 1994 Edition



                               2. Requiring that all developments with buildings over 35 feet high
                                   provide a view corridor from the nearest public street right-of-way (R-
                                   O-W) to the water of at least 20 percent of the width of that building as
                                   measured parallel to the public R-O-W.

                           C. Landscaping and Environmental Protection

                               I . Requiring that significant native (indigenous) vegetation be
                                   retained/restored.


                               2.  Requiring that 30 percent of the lot be placed in landscaped open
                                   space.

                               3.  Placing landscaping standards on parking lots. (For example: one tree
                                   and 150 square feet of landscaped berm with ground cover per every
                                   three parking stalls).

                               4.  Screening of all parking lots from the shoreline.

                               5.  Requiring environmental enhancement as an element of development
                                   (this should be specific to conditions where mixed-use projects are
                                   permitted).

                           Techniques for Reviewing
                           Mixed-use Projects

                           Balancing the public benefits and developer advantages inherent in a mixed-use
                           development is often difficult because of the number and complexity of the
                           issues involved. Even specific use formulas for water-oriented uses and site
                           development standards for mixed-use developments are subject to
                           interpretation. Therefore, a special review process for local evaluation of
                           mixed-use projects is recommended. Also, it should be made clear in the
                           policy statements preceding the mixed-use regulations that mixed-use
                           provisions are incentives granting a developer greater flexibility only if he or
                           she meets local government's objectives for providing a public benefit as well
                           as the letter of the requirements. As such, the option for a mixed-use project
                           does not constitute a development "right". The onus is clearly on the
                           developer to meet the requirements as interpreted by the local government
                           during review.

                           There are three general models for a mixed-use review process described
                           below. Opportunity for public involvement in the decision making should be
                           provided in all of the processes.




                           Chapter 11 - Mixed-use Projects                                               H-395









                                   SMP Handbook - 1994 Edition


                                   Local Review Based on Site Development
                                   Proposals

                                   The first model requires that the applicant provide the reviewing body with a
                                   preliminary site development plan illustrating how the mixed-use requirements
                                   are met. The submittal requirements and review process will vary from
                                   government to government depending upon the complexity of the mixed-use
                                   regulations. At a minimum, the required submittal package should include:

                                   I .Calculations showing that the percentages or quantities of required uses are
                                      met.


                                   2. Schematic plan of public access elements and areas proposed for dedication
                                      to public.

                                   3. Parking, landscaping, open space areas in plan.

                                   4. Required setbacks and/or view corridors.

                                   5. Description of uses in enough detail to ascertain that they are water-
                                      dependent, water-related, water-enjoyment or non-water-oriented.

                                   6. Other environmental documentation as required by state and local
                                      regulations.

                                   The local government can determine the review process for mixed-use
                                   regulations under this model so long as the process meets the minimum WAC
                                   173-14 permit processing requirements (see Shoreline A&Wnistrator's
                                   Manual). It may be that the preliminary site review foHows a procedure
                                   similar to a local planned unit development or special design review district.


                                   Conditional Use Permit

                                   If the local government's n@ixed-use provisions are designed to allow maximum
                                   flexibility or to be adaptable to a wide variety of shoreline conditions, then the
                                   review process must give the local reviewing body and the Department of
                                   Ecology greater control in negotiating the specifics of the development
                                   proposal. This can be done using the conditional use process in WAC 173-14
                                   and described in the Shoreline A&ninistrator's Manual. The conditional use
                                   permit process requires Ecology review and approval before the permit is
                                   granted. Although the conditional use permit takes longer than the normal
                                   process, it allows local jurisdictions several advantages.

                                   1. Mxed-use project provisions can be more flexible and allow a greater
                                      range of development options.



                                   Chapter 11 - Mixed-use Projects                                            H-396









                           SMP Handbook - 1994 Edition



                           2.  It provides local jurisdictions technical assistance and support from
                               Ecology during review.

                           3.  It enables local jurisdictions to consider mixed-use projects in a greater
                               variety of settings and shoreline conditions.

                           4.  Conditional uses require a public hearing.

                           Conditional Use Permit Required in Special
                           Situations

                           Another option for designing a mixed-use permit process is to use the process
                           described in the local review process above, except in specified conditions; for
                           example, on shorelines of state-wide significance or for projects proposing
                           water-enjoyment uses on over-water construction. It is recommended that
                           mixed-use projects require a conditional use permit when:

                           1. Master program mixed-use regulations are not stated in a specific formula
                               for evaluating quantities and types of uses.

                           2.  Mixed-use projects are allowed in environmentally sensitive areas.

                           3.  Mixed-use projects are allowed in a wide variety of shoreline conditions.

                           4.  Mixed-use projects can allow over-water construction for other than a
                               water-dependent use.

                           5.  Mixed-use projects are allowed in an environment designation -that is
                               suitable for maritime industry (see Chapter 10, Promoting Water-oriented
                               Uses.)

                           Insuring the Permanence of
                           Water-oriented Uses

                           One of the most difficult problems inherent in a mixed-use project is insuring
                           that the water-dependent, water-related or water-enjoyment use is not
                           abandoned and the space converted to non-water-oriented uses. Although
                           there are no easy ways to enforce the continuance of a water-oriented use that
                           is not economically viable, there are some ways to inhibit the conversion of
                           shoreline space to non-water-oriented uses.

                           The first method is to state in the master program that those areas reserved for
                           water-oriented uses shall not be used for non-water-oriented use and that




                           Chapter 11 - Mixed-use Projects                                              H-397









                                     SMP Handbook - 1994 Edition



                                     occupancy permits shall not be granted for non-water-oriented uses in
                                     designated areas if the conditions of the shoreline permit are not met.

                                     A second enforcement method that falls clearly within the shoreline substantial
                                     development permit process is to include a general regulation in the master
                                     program that requires all new non-water-oriented development be in
                                     conformance with past conditions placed on mixed-use projects on that site.
                                     This means that the amount of water-oriented uses required by previous
                                     permits must be at a given site if any further non-water-oriented development
                                     is to occur.

                                     An important requirement to include with any set of mixed-use provisions is
                                     that the water-oriented portion of the project be operational Pdor to the
                                     granting of an occupancy permit for the non-water-oriented use. It is also
                                     useful to have any covenants required under the pern-dt recorded as a deed
                                     restriction on the title report. This will ensure that the requirements WHI
                                     continue even if the property is sold.

                                     Limitations on Mixed-use Projects

                                     While n-dxed-use provisions can result in the relaxation of some shoreline
                                     master program regulations in order to encourage water-oriented development,
                                     there are some shoreline management practices that will not be approved at the
                                     state level unless there are extreme and unusual circumstances.

                                     1. Non-water-oriented and water-enjoyment uses shall not be developed over
                                       -water or in existing structures except as a conditional use subject to
                                        Ecology review. (See Chapter 12, Encouraging Waterfront
                                        Redevelopment in Special Situations).

                                     2. The priorities of RCW 90.58.020 shall apply to mixed-use developments
                                        on shorelines of state-wide significance.

                                     Checklist for Master Program
                                     Mixed-Use Provisions

                                     The following outline summarizes the issues that should be addressed in mixed-
                                     use provisions and presents options for approaches to addressing them. It is
                                     also intended as a summary of this chapter's major points.

                                     A. Identify where mixed-use provisions apply.

                                        1. Only in specified locations; (or)



                                     Chapter 11 - Mixed-use Projects                                               H-398









                            SMP Handbook - 1994 Edition



                                2. Only in specified environment designations; (or)

                                3. Only where specified conditions occur; (or)

                                4. Combination of the above.

                            B. Define use requirements for the quantities and types of uses (water-
                                oriented and non-water-oriented) and geographic and site conditions
                                placed on each type of use.

                                1. Requirements for water-oriented uses based on:

                                    a.  Percentage or quantity of a building's ground floor area devoted
                                        to water-oriented uses; (or)

                                    b.  Percentage of land area devoted to water-oriented uses; (or)

                                    c.  Maximum percentage of land area allowed for non-water-oriented
                                        uses plus significant water-oriented development requirements.

                            C. Develop moorage capability by:

                                1. Requiring moorage facilities on all over-water structures; (and/or)

                                2. Developing moorage facilities based on a formula for development
                                    intensity; (or)

                                3. Other.

                            D. Set special design standards that increase public benefit from mixed-use
                                projects (when permitted).

                                1. Additional legally dedicated and maintained public access or open
                                    space; (and/or)

                                2. Bonuses for environmental enhancement; (and/or)

                                3. View protection requirements; (and/or)

                                4. Other.

                            E. Define the review process which gives the local government control to
                                weigh public benefits and development incentives by:

                                1. A local special review procedure similar to planned unit development
                                    or design review district permit process; (or)





                            Chapter 11 - Mixed-use Projects                                                H-399









                                  SW Handbook - 1994 Edition



                                      2.  A process that requires a formal conditional use permit with Ecology
                                          approval required; (or)

                                      3.  A local special review process such as (a) above which requires a
                                          conditional use pern-k if the developer pursues specific options that are
                                          of state-wide importance (e.g. non-water-oriented development over.
                                          water).

                                  F. Include provisions to inhibit conversion of water-oriented uses to non-
                                      water-oriented uses once the project is completed by:

                                      I . Prohibiting occupancy of non-water-oriented uses in areas reserved for
                                          water-dependent uses; (or)

                                      2.  Conditioning all future non-water-oriented development on the site
                                          contingent on adherence to the requirements of the previous mixed-use
                                          permit.

                                  G. Write policy statements to guide permit review including:

                                      I . Statement that the mixed-use provisions are options for development
                                          bonuses based on public benefit and are subject to local government
                                          and state review and approval; (and)

                                      2.  Clear, objective statements for mixed-use projects that emphasize uses
                                          that require a waterfront location and the significant opportunity for
                                          people to enjoy the shoreline; (and)

                                      -3. Criteria for evaluating public benefit of a project based on the goal
                                          statements above to be used in evaluating mixed-use permit
                                          applications.






















                                  Chapter 11 - Mixed-use Projects                                           H400









                                 SW Handbook - 1994 Edition















                                 CHAPTER 12
                                 Encouraging
                                 Waterfront
                                 Redevelopment in
                                 Special Situations


                                 Introduction

                                 By giving priority to those uses which are dependent upon a shoreline location,
                                 the SMA and its supporting WAC 173-16 guidelines discourage non-water-
                                 oriented development on the shoreline and mandate restricting over-water
                                 construction unless its primary purpose is for water-dependent or public uses.
                                 These general restrictions can conflict with local government's waterfront
                                 redevelopment efforts. For example, some cities may wish to permit a non-
                                 water-oriented hotel or office building on the shoreline to add activity to their
                                 central waterfront. In other cases, allowing water-enjoyment uses such as
                                 restaurants or resorts over the water would help entice more development into
                                 the downtown. This chapter presents some methods for taking advantage of
                                 special opportunities for shoreline redevelopment while remaining consistent
                                 with shoreline management objectives.



                                 Chapter 12 - Waterfront Redemlopment                                    H-401









                          SM7 Handbook - 1994 Edition


                          Mixed-use Projects

                          Mixed-use projects which combine water-oriented uses with non-water-
                          oriented uses are a proven way of increasing shoreline development in urban
                          areas. The concept for mixed-use provisions is that in return for including
                          water-oriented uses and public access features in the-project, the
                          developer is granted special bonuses that allow more intense
                          development, a greater range of non-water-oriented uses or more
                          extensive over-water construction. In most cases, the non-water-oriented
                          uses subsidize and support the water-oriented activities so that the shoreline
                          management objectives are satisfied. Special SUT provisions encouraging
                          mixed-use projects can be complex and are usually tied to specific sites or
                          opportunities along an urban waterfront. Techniques for preparing SNV
                          mixed-use project provisions are discussed in detail in Chapter 11 of this
                          Handbook.


                          Historic Structures

                          Ustoric waterfront structures represent a limited but important group of
                          cultural resources. Older buildings, bridges and industrial elements generally
                          require ongoing maintenance and in many cases, have outfived their original
                          purposes. Unless they can be adapted to new uses, many wifl likely fall into
                          disrepair. Therefore, it may be appropriate to allow non-water-oriented uses in
                          historic buildings on the shoreline and, in some cases, in historic wharf
                          structures constructed over water.

                          As a general policy guideline, Ecology will give consideration to master
                          program amendments which permit non-water-oriented use in historic
                          structures provided that the following conditions are met.


                              ï¿½   The structures are historic landmarks on the local, state or national
                                  registries.

                              ï¿½   The non-water-oriented use does not displace an existing water-
                                  dependent use.

                              ï¿½   The structure is brought up to the maintenance standards and historic
                                  restoration required by its registration.

                              ï¿½   Adequate public access is established.

                          An important aspect of this guideline is that, since it applies to a finite number
                          of existing structures with unique circumstances, the policy does not set a



                          Chapter 12 - Waterrront Redevelopment                                        H402









                                 SW Handbook - 1994 Edition



                                 precedent that can be repeated indiscriminately. Also, this policy is consistent
                                 with the Washington State Department of Natural Resources'WACs governing
                                 lease conditions.


                                 Constrained or Unusual
                                 Shoreline Areas

                                 In many cities, the shoreline is separated from the downtown by train tracks,
                                 steep cliffs or freeway viaducts, constraining the usefulness of the property. In
                                 these cases, development of the waterfront for water-oriented uses is severely
                                 limited by access and buildable area and yet the shoreline may represent an
                                 untapped resource near a large population of potential users. Where the
                                 creation of new land or over-water uses would result in greater public
                                 enjoyment of the shoreline through water-oriented uses and pubfic access,
                                 Ecology may consider master program conditional use provisions that permit
                                 creating land or over-water construction for a variety of shoreline uses. The
                                 local governments wishing to redevelop such a shoreline should confer with
                                 Ecology Shorelands staff regarding the possibility of preparing more inclusive
                                 use provisions.
    0                            In order to be considered favorably by Ecology, provisions for over-water
                                 construction or landfill on urban shorelines for other than water-dependent
                                 uses must demonstrate that:


                                 1.  Urban shoreline use will be severely limited by physical conditions unless
                                     the provisions are enacted.

                                 2.  There will be no significant negative environmental impact or loss of
                                     resources resulting from proper enforcement of the provisions.

                                 3.  The provisions further the local government's urban redevelopment plans
                                     and are complemented by capital improvements such as roads and utilities
                                     to support the new development.

                                 4.  The development will not displace current water-dependent uses or
                                     preclude future water-dependent uses.

                                 5.  There will be a net public benefit from projects permitted by the proposed
                                     provisions.

                                 6.  The provisions are applicable only to a specific location or section of
                                     shoreline.





                                 Chapter 12 - Waterfront Redevelopment                                    H403









                           SW Handbook - 1994 Edition



                           AD uses proposed for over-water construction or on new fill, other than water-
                           dependent uses, should be pennitted only as conditional uses. Mixed-use
                           provisions that require inclusion of water-oriented uses in a project may be a
                           useful method to frame regulations that give developers and local governments
                           more latitude in areas that are difficult to develop.

                           Central Waterfront
                           Redevelopment Districts

                           The central waterfronts of many Washington communities represent excellent
                           sites for civic revitalization efforts. Often, the maritime industrial uses have
                           moved away from the central harborfront due to lack of space, changes in the
                           industry or restricted access, leaving the urban shoreline underutilized. With
                           the new emphasis on revitalizing downtowns through public improvements and
                           high amenity multi-use development, central waterfronts in cities ranging in
                           size and character from Seattle and Everett, to Aberdeen, Oak Harbor and the
                           Tri-Cities are seen as key opportunities for recreational, commercial and civic
                           development.

                           WAC-173-16-040 supports intense mixed-use shoreline redevelopment in
                           urban environments so long as priority is given to water-oriented uses and
                           public access. However, there are many instances where intensive urban
                           redevelopment can conflict with shoreline management principles. Some
                           examples are:


                              ï¿½   Displacing water-dependent uses with non-water-oriented commercial
                                  development.

                              ï¿½   Constructing extensive parking in the shoreline jurisdiction to serve
                                  commercial uses.

                              ï¿½   Developing exclusive water-enjoyment uses or non-water-oriented uses
                                  over the water.

                              ï¿½   Developing residential communities on the water that will ultimately
                                  conflict with nearby recreational or maritime industrial uses.

                              ï¿½   Destruction of shorelines and shallow water habitat and vegetation.

                           If master program provisions are prepared specifically to resolve apparent
                           conflicts between high intensity development and general shoreline
                           management principles, then greater site planning flexibility can be achieved,
                           potentially resulting in more attractive shoreline development that offers
                           greater shoreline use and benefit to the public.


                           Chapter 12 - Waterfront Redevelopment                                       H404









                                   SM7 Handbook - 1994 Edition



                                   The recommended approach to promote greater flexibility in master program
                                   provisions for revitalizing central waterfronts is the designation of a special
                                   shoreline environment such as an "urban central harborfront" or "urban
                                   redevelopment" environment for the redevelopment area and to prepare
                                   regulations in that designation that deal specifically with the key issues fisted
                                   above. The following sections discuss concepts for dealing with use,
                                   regulations and site development standards for an urban environment
                                   designation encouraging intense multi-use redevelopment.

                                   Water-dependent Use Regulations

                                   Use regulations in an "urban redevelopment" environment must stifl address
                                   the WAC guideline giving priority to uses that require waterfront locations or
                                   that offer people the opportunity to enjoy the shoreline. This can be done in
                                   several ways.

                                   I . By comprehensively planning the city's urban shoreline resources and
                                       designating specific areas for maritime industrial uses. Seattle has used this
                                       technique effectively by creating six separate urban environments with
                                       varying water-dependency provisions. On the central waterfront, where
                                       space and access constraints limit industrial activities, the SW does not
                                       require water-dependent uses but does require moorage facilities on over-
                                       water construction (see Figure 12- 1).

                                       In order to relax requirements for water-oriented and water-enjoyment uses
                                       on the shoreline, the local government should be prepared to demonstrate
                                       that a shoreline suitability analysis and comprehensive planning effort has
                                       reserved suitable shoreline areas for maritime uses and/or the shorelines in
                                       urban redevelopment environments are not suitable for water-dependent
                                       industry (see Handbook Chapter 10, Promoting Water-oriented Uses).

                                   2.  Through mixed-use project provisions, mixed-use projects that combine
                                       water-oriented shoreline uses with non-water-oriented uses can add interest
                                       and diversity to a waterfront. Chapter I I discusses techniques for
                                       preparing mixed-use SNIP requirements.

                                   3.  Permitting non-water-oriented uses in registered historic structures as
                                       discussed in the section above.

                                   4.  Focusing on water transportation. Passenger ferries, shuttle boats, tour
                                       services and float planes are becoming more attractive transportation
                                       options as Washington's ground transportation links become more clogged.
                                       Redevelopment districts in urban areas should accommodate this future
                                       need.

                                   5.  Providing transient moorage and/or public fishing piers.



                                   Chapter 12 - Waterrront Redevelopment                                       H405









                                                               SMP Handbook - 1994 Edition











                                                                                                                                                                             17

                                                                                                                                        Y)








                                      BuTid-aBTe-Area                 One Parcel                     Scope 1 -50 -0

                                              ed   .1
                 P,  -4d h, S.b ... I.- C b-I..
                                         ';e "-
                            do, 1@.                9-11
             Th,=-,d -A-             b. W-le     .. .......
                                               0-. W- .,2.
                                               C-







                                                               T.. -5-
             11101         1,1b 1,         E---V - 160                                                                                                                                             7: ..... ... .. ..... ...... .. ... .
                                                          2    6                                                                                                                                        -."Id h        I-
                        W fil,    G--            W, -.11 b,       .1                                                                                    .,Cr
                               d

                                                                                                                                                                       --r.% C-- r@                            L-0












                                                          Site Plan

                                                                                                                                                                 -u.d,,d


                                                                                                                                                                  1:@-_.-d b,











                                                                                                                                          Partial Section s,.,., .,a -o

                                                               Figure 12-1. Seattle's Master Program allows over-water, non-water-oriented uses on
                                                               the central watcrfrout as it has reserved other areas for water-dependent uses and
                                                               required moorage and public acem on A piers.




                                                               Chapter 12 - Waterfront Redevelopment                                                                                                               H-406









                                   SM7 Handbook - 1994 Edition


                                   Parking

                                   Extensive parking to serve public uses is often a necessary evil on shorelines,
                                   especially where easy public access from the city center is blocked by distance,
                                   steep grades or physical barriers. Parking requirements in redevelopment
                                   districts should be based on a careful study of real, not perceived, needs.
                                   Before extensive parking is developed, the following alternatives should be
                                   evaluated:


                                   1 .Transit service/shuttle bus;

                                   2. Water transportation;

                                   3. Improved pedestrian links to upland parking; and

                                   4. Joint-use parking (e.g. parking for offices during the week, and a boat
                                      launch, marina or park during the weekend). In fact, joint-use parking
                                      opportunities can be a motivation for mixed-use development.

                                   Parking in shoreline jurisdiction should be limited to accessory use parking for
                                   permitted uses only. Where possible parking should be built on the landward
                                   side of structures and well-screened.


                                   Over-water Uses

                                   There may be limited sites on the central waterfront where permitting water-
                                   enjoyment uses over the water can realize significant public benefit, especially
                                   where these uses are tied to a comprehensive public access and/or water
                                   transportation system. Ecology may consider water-enjoyment uses over
                                   water as a conditional use if the location and conditions for approval are clearly
                                   stated. The public benefit of such a provision and the specific reasons for
                                   allowing over-water construction must be clearly identified. Impacts to
                                   shallow water habitat must also be considered. Special public access features
                                   or free transient moorage may be required as a condition in exchange for over-
                                   water construction.



                                   Public Access

                                   A public access system and a mix of recreational facilities are essential
                                   ingredients in any successful central waterfront revitalization. SNIP provisions
                                   should include specific public access requirements for all development in
                                   redevelopment districts, especially water-enjoyment and non-water-oriented
                                   uses. Figure 12-2 illustrates an example of specific public access provisions
                                   with landscaping and pedestrian use standards. Another provision that should


                                   Chapter 12 - Waterfront Redevelopment                                      H407









                         SMT Handbook - 1994 Edition



                         be added is "Developments with non-water-oriented and water-enjoyment uses
                         must not prevent public access to the water and must provide continuous
                         public access between the use and the shorefine."

                         Creative public access provisions should be explored that require specific
                         public access improvements for large-parcel development such as plazas,
                         artwork, viewing areas, interpretive kiosks, etc. This is most effectively done
                         when tied to a comprehensive public access plan (see Chapter 3, SM?
                         Amendment Process and Chapter 17, Public Access). The use of off-site
                         public access mitigation improvements or funds represents another opportunity
                         for implementing waterfront redevelopment district pubfic access
                         improvements. Many communities require port districts to provide public
                         access on new development projects. Sometimes the operations or location of
                         large industrial facilities such as log storage yards or container terminals
                         preclude useful public access. In this case, the public access requirement can
                         be transferred to another site such as a waterfront park or central waterfront
                         area. Port-funded view towers, esplanades, interpretive displays, decks or
                         other amenities in a redevelopment district can be an effective way to
                         accomplish public access objectives, especially when there is a conceptual fink
                         to port activities, such as a view of the working harborfront, interpretive
                         display or other public information element. However, off-site access should
                         be used only when on-site access is not an option (see Chapter 17, Public
                         Access).





                           ;r








                                                                                               ;@14





                                                                                            r




                         Chapter 12 - Waterrront Redevelopment                                     H-408







                                                           SMP Handbook - 1994 Edition








                                                                                                                                                                             C*


                                                                                                             Shore I; n  resior      ell hancement or
                                                                                                             habila are . construction or over-
                                                                                                               at Cr boardualk




                                                                                                             30' fardscaped SCIb3    cJ, Landscap                     04003
                                                                                                             shall emphasize native materials from
                                                                                                             signature palette  pla  nIlist.Screen
                                              40@                                                            all building races %ithoui u-indown
                                                                                                             and parkinti! areas
                                    00 00                                                                                                                                  L

                                                                                                                   J@hwclinc Restoration

                                                                                                                                                                                        02
                                                                                                                                                                                 0




                                                                                                                                                                       L C1,
                                                                             Ilh,,,,clinc restoration N,.c. Diairorm
                                                                              o    asi                                                                                              -4

                                                                                                                                                   0
                                                                                                                                                                                         C9,

                                                                Shorclinr restoration Cons[ru@
                                                                rr a 20'x20' (min ) gazebc. or vcie'.0"
                                                                Plaifor7 Consdiructior, or a bathing
                                                                beach with son    QD' Ions! min )

                                        50' landscaped building and Parking                                                   11            44       .9
                                        lot setback Shoreline TC510TOtion
                                        Landscaping shall be i(h nati,c mate-
                                        riot! from sign3ture plant list
                                                                                                                                                      V6'.                7
                                                                                                                                                                              6
                                        50' building and parking lot setback                                   C.3
                                        landscaped -/picnic and possi@c rec-
                                        rcaiion features Ne- fishing pier                      V
                                        extending a minimum or 50'
                                        into the water Landscaping                                                          N,
                                        shall emphasize noti@c materials from
                                        signature palette list except for la@n                                                            rcsIDr:oIj?r, and Ian sea c             7
                                        picnic and recreation areas                                                             planin, Plus picnic are. or 0       21h
                                                   s Un 0@1                                                                     access to shorelint edpe                               /s,



                                                        Figure 12-2. Example of site specific public access improvements as a condition of
                                                        substantial development permits.





                                                        Chapter 12 - Waterfront Redevelopment                                                                                   H409








                                    SW Handbook - 1994 Edition















                                    CHAPTER 13
                                    Riparian Corridor
                                    Management


                                    Introduction

                                    Rivers and lakes differ from coastal shorelines in several respects that create
                                    special issues and call for unique shoreline management techniques. Because
                                    rivers form linear corridors, they are especiafly important ecological systems
                                    linking habitats as well as providing migrating routes for wildlife. Rivers often
                                    are the spine of larger ecosystems of associated wetlands, river valleys and
                                    estuaries. The same linear configuration which makes rivers so valuable also
                                    renders them especially delicate because the connecting habitat corridor can be
                                    broken at any point and pollution or environmental degradation anywhere
                                    along its course can have an effect throughout the system. Lakes are equally
                                    sensitive as links within a larger river system or as diverse ecosystems that
                                    provide a focus for surrounding areas.

                                    Development pressure is increasing along many of the state's river corridors.
                                    Effective river-oriented shoreline management and environmental protection is
                                    especially critical in eastern Washington. Communities east of the Cascades
                                    are experiencing increased and rapidly changing development trends.






                                    Chapter 13 - Riparian Corridor Management                                   H410









                          SMY Handbook - 1994 Edition



                              ï¿½  Large scale recreational and resort development, particularly on the
                                 Columbia, Snake and Spokane rivers;

                              ï¿½  Increased residential and retirement community development oriented
                                 to river shorelines;

                              ï¿½  Growth of port district development; and

                              ï¿½  Use of riverfronts as the focus of civic revitalization efforts in cities
                                 such as East Wenatchee, Clarkston, Tri-Cities and Spokane.


                          Coupled with this increased development pressure is the fact that the river
                          courses in dryer climatic zones are especially critical wildlife habitat corridors.
                          Hundreds of the state's vertebrate species are dependent upon the riparian
                          environment for their food, weather protection and cover. Moreover, the river
                          corridors support an integrated ecosystem of codependent plant and animal
                          communities.

                          This chapter describes special considerations and techniques for preparing
                          master program regulations for river corridors and includes "special tips" for
                          this process and " recommendat ions" for key regulatory topics.

                          Determining
                          Shoreline Jurisdiction

                          The Shoreline Management Act requires local governments to define shoreline
                          jurisdiction along rivers in either of the two ways below.


                          I . The area 200 feet from OHWM or floodway whichever is greater plus all
                              wetlands (marshes, bogs and swamps) in the 100-year floodplain (see
                              Figure 13-1, Option 1);

                          2.  All or any portion of the I 00-year floodplain as long as it includes all of
                              those areas failing within Option I above (see Figure 13-1, Options 2 and
                              3).


                          Figure 13-1 illustrates the floodway and the floodplain and these options.
                          Option I represents the minimum amount of area that may be included within
                          shoreline jurisdiction.







                          Chapter 13 - Itiparian Corridor Management                                H411









                                   SMY Handbook - 1994 Edition



                                   Special Tip

                                   Including the entire 100-yearfloodplain in shoreline managemenijurisdiction
                                   has thefollowing advantages:

                                       ï¿½  Accommodates complete meandering river ecosystems so that changes
                                          in the river bed itself will not affectjurisdictional boundaries
                                       ï¿½  Automatically places shoreline management protection on the land
                                          areas surrounding wetlands in the floodplain. This allows greater
                                          control of the wetland edges, linkage to the water body or drainage
                                          system, water quality and quantity entering and exiting the wetlands.
                                       ï¿½  Does not immediately require as extensive inventory of wetlands
                                          because each substantial development in thefloodplain must applyfor
                                          a shoreline permit. At that time, a specific welland analysis can be
                                          required
                                       ï¿½  Allows more comprehensive shoreline management of the entire
                                          floodplain.
                                       ï¿½  Carries the legal and administrative status associated with a state
                                          regulation, including the attendant support with respect to the public
                                          trust doctrine, public access andfunding sources.

                                   Limiting shoreline jurisdiction to the 200-foot floodway and all associated
                                   marshes, bogs and swamps, which will include wetlands in the 100-year
                                   floodplain, requires that wetlands in the floodplain be inventoried and recorded
                                   so that the shoreline jurisdiction be established and sensitive areas identified.
                                   Permit applications in the floodplain can then be evaluated quickly as to
                                   whether or not a wetland will be affected by the proposed development. The
                                   major advantage of this option is that proposed developments that do not
                                   include wetland areas and which are not within 200' of the floodway do not
                                   require a shoreline permit, although such projects may require flood permits
                                   and SEPA review.






                                                                            Amplitude

                                                ---------        ------------- -          -----------


                                   Meander Belt
                                                                                               Center Line
                                          -----------      --- ---                 ... ... ........




                                                 -- ------------                   ------ --- ----
                                                  --------       ------------- -          ---------


                                                                                                   t@L@ L
                                                                        --- --- --- ---




                                                       ------------                     -------






                                   River Meander Belt.



                                   Chapter 13 - Riparian Corridor Management                                  H412









                               SMP Handbook - 1994 Edition



                               Figure 13-1. Options for determining shoreline jurisdiction on rivers (Page 1 of 4).


                             FLOODWAY & FLOODPLAfN BOUNDARIES












                                                                                               0





                                                                                 77.



                                        River                                                                    'X.


                                        Wetiand


                                        Floodway

                               L-J      loo Yr. Floodplal


                                        Dike


                               Floodplain is synonymous with 100-year floodplain and means that land area susceptible to being
                               inundated by stream derived waters with a one percent chance of being equaled or exceeded in any
                               given year. The lin@t of this area shall be based upon flood ordinance regulation maps or a
                               reasonable method which meets the objectives of the SMA (WAC 173-22-030 (2)).

                               The floodway is those portions of the area of a river valley lying strearnward from the outer limits
                               of a watercourse upon which flood waters are carried during periods of flooding that occur %ith
                               reasonable regularity, although not necessarily annuafly, said floodway being identified, under
                               normal conditions, by changes in surface sod conditions or changes in types or quality of vegetative
                               ground cover conditions. The floodway does not include 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. The limits of the
                               floodway are based on flood regulation ordinance maps or by a reasonable method which meets the
                               objectives of the SMA (WAC 173-22-030 (3)).





                                Chapter 13 - Riparian Corridor Management                                                  H-413









                                      SMEP Handbook - 1994 Edition



                                      Figure 13-1. Options for determining shoreline jurisdiction on rivers (Page 2 of 4).







                                      OPTION I



                                                Shoreline Jurisdiction






                                                                                  N








                                                                       A:.








                                                                                                              X,

                                               River


                                               Wetiand


                                               Floodway

                                       r----
                                           --1 100-Yr. Floodplain


                                               200 Feet on either Side of the Floodway


                                               Dike


                                       Shoreline Jurisdiction includes all lands within 200'of floodway or OH-W11 (whichever is greater),
                                       plus all marshes, bogs and swamps in the 100-year floodplain.










                                      Chapter 13 - Riparian Corridor Management                                         H414









                              SMY Handbook - 1994 Edition



                              Figure 13-1. Options for determining shoreline jurisdiction on rivers (Page 3 of 4).







                            OPTION 2



                                      Shoreline Jurisdiction




















                                                                                         @x


                                                               46


                             7@& River

                                      Wetland


                                      Floodway

                             L----11  100-Yr. Floodplain

                                      200 Feet on either Side of the Floodway


                                      Dike


                             Shoreline jurisdiction includes all lands within 1-00' of floodwav or OHNN'N4 (whichever is greater),
                             plus the entire I 00-year floodplain.









                              Chapter 13 - Riparian Corridor Management                                             H415









                                        SMI? Handbook - 1994 Edition



                                        Figure 13-1. Options for determining sboretine jurisdiction on rivers (Page 4 of 4).






                                     OPTION -3



                                               Shoreline Jurisdiction

























                                                                      4b



                                                                            L..... .....

                                               River


                                               Wetiand


                                               Floodway

                                        r----
                                            .i 100-Yr. Floodplain


                                               200 Feet on either Side of the Floodway



                                        Vi     Dike


                                        Shoreline jurisdiction includes all lands within 200'of flood@%ay or 01-Rk N1 (@%hiche%er is greater).
                                        all marshes, bogs and svcarnps in the 100-year floodplain, Plus other portions, of the I 00-%ear
                                        floodplain as desiunated by the local L'o-ernment









                                        Chapter 13 - Riparian Corridor Management                                           H416









                           SW Handbook - 1994 Edition



                           From a holistic perspective, planning for the entire floodplain makes the most
                           sense when natural systems such as wetlands and wildlife habitat areas are
                           interconnected by drainage ways and ground water aquifers.

                           Since the SMA allows the inclusion of any or all of the 100-year floodplain
                           within shoreline jurisdiction, in addition to the 200-foot strip plus all floodplain
                           wetlands, there are other possible jurisdictional configurations that may be
                           advantageous. For example, a local government may elect to include a buffer
                           strip of specified width around all floodplain wetlands for greater protection.
                           Another approach would be to include specified drainage systems that are
                           critical for water quality or flood control. Finally, strips of land between
                           wetland areas and the river corridor could be placed within shoreline
                           jurisdiction to serve public access. See Figure 13-1 (option 3) on previous
                           page.

                           Special Tip

                           Measuring Stream Flow: Urban development can increase runoff into
                           streams, increasing their peakflow. In some cases, this can bring new
                           streams within the 20 cfsflow criteriafor inclusion within shoreline
                           managementjurisdiction. 7here may also be streams that have not had an
                           accurate flow measurement. If there is a question whether or not a strewn
                           meets the 20 cfsflow requirement, the local acbninistralion should contact the
                           Washington State Department of Ecology Shorelands Program to request a
                           stream flow analysis, (the Department has contracted with the U S.-
                           Geological Surveyfor a long-tenn study to reevaluate all 20 cfs points on
                           watersheds throughout the state. 7his project should be completed in the mid
                           90S).

                           Physical CriteriaJor Boundary Determination: If there is a question of
                           whether or not a lake or river shoreline is within shoreline management
                           jurisdiction, the physical criteriafor shoreline designation stated in WA C
                           173-18 and -20 prevail over otherforms of boundary determination. Zhis
                           means that if a shoreline or wetland meets the criteria of these WA C chapters,
                           then it is within SAIA jurisdiction.

                           Finding the Ordinary High Water Mark: The "ordinary high water mark"
                           (OHWV) is defined in RCW 90.58.030 as "Yhat mark that will befound by
                           examining the bed 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 dislinciftom that of the abutting
                           upland, in respect to vegetation. " Yhus, the 0HWV is determined by visual
                           inspection of the river bank and can move as the river course changes over
                           time (see Shoreline Administrator's Many Chapter 3, Determining SMA
                           Jurisdiction Boundaries).




                           Chapter 13 - Riparian Corridor Management                                       H417








                                 SM7 Handbook - 1994 Edition



                                 Hoodways Referenced as Shoreline Boundaries: Sometimes a dYkd or
                                 mappedfloodway is used as the boundaryftom which the 200-foot shoreline
                                 area is measured In order to qualify as the edge of afloodplain and
                                 floodway, a dike must extend at least as high as the I 00-yearflood elevation
                                 plus 3jeet (FFMA requirement).
























                                                "Herb, you left your OHWM around the tub again!"



                                 Coordination with Fisheries
                                 Regulations and Forest Management
                                 Practices

                                 The Washington State Department of Fisheries and Wildlife should be
                                 contacted so that provisions for protecting or enhancing streambed and
                                 fisheries habitats can be consistent with its policies.

                                 The Washington State Forest Practices Rules and Regulations (Chapter 222-
                                 30-020 WAC) calls for the establishment of a "Riparian Management Zone"
                                 (RMZ) defined as a specified area along Type I waters (by definition these are
                                 shorelines of the state) and other smaller water bodies. Forest practice
                                 regulations set out specific measures that are to be taken to protect water



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                            SNP Handbook - 1994 Edition



                            quality and fish and wildlife habitat, including the retention of a specific
                            quantity and type of trees. WAC-222-30-020 through -060 includes shoreline
                            protection regulations. The guidelines for calculating the average width of an
                            RMZ for Type I waters states that the RMZ must average a minimum of 50
                            feet in width from the shoreline.


                            Public Access and Recreational
                            Development

                            As mentioned above, rivers are increasingly becoming the focus of recreational
                            development. The Shoreline Management Act explicitly Usts as priority uses
                            public access and those activities that allow individuals to enjoy the shoreline.
                            However, it places a higher priority on preservation of natural resources,
                            particularly along shorelines of state-wide significance. In some areas, parks,
                            shoreline trails and other features can be developed without impacting the
                            natural shoreline environment. In other cases, trails and park amenities must
                            be set back from the shoreline to protect sensitive habitats. The shoreline
                            inventory should identify those sections of the shoreline where trails and other
                            public access features can approach the water's edge without causing.harm.
                            Provisions should be included to close sensitive habitat areas during breeding
                            or spawning periods, and for general revitalization, if necessary. The
                            regulations for environment designations should set standards for public access
                            along specific sections of the shoreline.


                            Floodplain Management

                            In recent years Washington's state and local governments have focused
                            increased attention on floodplain management. Severe flooding and rapid
                            development have made citizens and public officials more aware of the
                            interrelated and difficult challenges as well as the critical importance of flood
                            damage protection, stormwater management, resource protection and
                            comprehensive planning. The focus must be on managing the hazards that are
                            related to flooding since realistically it is impossible to strictly "control" floods.
                            The State of Washington has enacted state statutes establishing programs to
                            assist local governments in undertaking flood hazard management activities.

                            In 1991, the Department of Ecology published the handbook titled
                            Comprehensive Planningfor Flood HazardManagement which presents a
                            framework for floodplain planning and numerous resource management and
                            shoreline n-dtigation recommendations relevant to preparing SMPs for rivers.
                            The handbook stresses an ecologically sound approach to flood hazard



                            Chapter 13 - Riparian Corridor Management                                        H419









                                                                SNIP Handbook - 1994 Edition



                                                                management that emphasizes nonstructural methods including land use
                                                                controls, flood-proofing and on-site stormwater management practices.
                                                                Comprehensive Planningfor Flood Hazard Management also discusses the
                                                                planning techniques to satisfy Chapter 86-16 RCW (minimum requirements of
                                                                the National Flood Insurance Program) and Chapter 86.26 RCW (Flood
                                                                Control Assistance Account Program [FCAAP]). Procedures to combine
                                                                FCAAP and CZM funds to better integrate flood hazard management and
                                                                shoreline management are presented. Cities and counties preparing for SNIP
                                                                updates for rivers and floodplain shoreEnes are encouraged to contact the
                                                                Department of Ecology Shorelands Program to obtain a copy of
                                                                Comprehensive Planningfor Flood Hazard Management.



                                                                                                     Flood Hazard Management Activities

                                                                                                                                     Flood hazard management
                                                                                                                                     In,olves a vmiety of
                                                                                                                                     engineering, environmental
                                                                                                                                     protection and planning
                                                                                                                                     measures. I.Asted below are
                                                                                                                                     some of them.

                                                                                                                                     Better management of upper
                                                                                                                                     watershed runorf from
                                                                                                                                 J   forestry and agricultural lands.

                                                                                                                                     Maintenance of natural stream
                                                                                                                                     channel.

                                                                                                                                     Erosion protection.

                                                                                                                                     Restriction of development in
                                                                                                                                     flood7one areas.

                                                                                                    . . . . . . . .                  "I          fing of key

                                                                                                                                     Flood warning system


                                                                                                                                     Use of wedands to reduce
                                                                                                                                     peak flows.






                                                                                                                                     Use of flood plains for public
                                                                                                                                              ace.



                                                                                                                                     Public acquisition or sites
                                                                                                                      13             where   flood protection is not
                                                                                                                      1:1            cost effective.


                                                                                                                               @--On-site surface water
                                                                                                                                     management of new upland
                                                                                                                                     development.









                                                                                                                                     Engineered struciural
                                                                                                                                     improvements where
                                                                                                                                     necessary.

                                                                Comprehensive flood hazard management measure&




                                                                Chapter 13 - Riparian Corridor Management                                                                                                  B420









                           SW Handbook - 1994 Edition



                           Chapter 86.16 RCW requires local governments to prepare floodplain
                           regulations which meet the n-dnimurn requirements of the National Flood
                           Insurance Program (NFIP) and Chapter 86.16 RCW. Local governments
                           submit their floodplain regulations to the Washington State Department of
                           Ecology for approval. Local requirements may meet or exceed the States
                           minimum floodplain regulations. Nearly all jurisdictions within floodplains
                           have adopted the minimum floodplain regulations.

                           The Washington State Flood Control Assistance Account Program
                           (established by Chapter 86.26 RCW) provides grants to local governments for
                           comprehensive flood hazard management planning and maintenance projects.
                           Completion of a state-approved Comprehensive Flood Control Management
                           Plan (CFCMP [a.k.a. Comprehensive Floodplain Management Plan or
                           Comprehensive Flood Hazard Management Plan]) as per Chapter 173-145
                           WAC is required to continue to be eligible for FCAAP funds for maintenance
                           projects. The Plan's goal is to reduce the hazards of flooding. Plans typicafly
                           include technical data on the watershed, location and identification of specific
                           flood problem areas, description of flood damage history, description of
                           potential flood damages, a thorough assessment of alternatives including an
                           analysis of environmental impacts and an evaluation of solutions and prioritized
                           recommendations (see Chapter 173-145 WAC for a complete description of
                           required plan elements).


                           Comprehensive Flood Hazard
                           Management Plan

                           Local governments will find information developed in the Comprehensive
                           Flood Control Management Plan (referred to as "Plan" in this section) helpful
                           in determining appropriate shoreline jurisdiction and shoreline designations.
                           Plans (prepared pursuant to Chapters 86.16 and 86.26 RCW) may also serve as
                           a basis for the updating or amendment of existing SMPs, particularly for rivers.
                           A 1991 amendment to the SMA establishes a new element for master
                           programs. Chapter 90.58. 100 (h) RCW requires an element that gives
                           consideration to the state-wide interest in preventing and minimizing flood
                           damage. A Plan can express the symbiotic relationship between the FCAAP
                           process and the local SMP. The comprehensive floodplain management plan
                           process, with its emphasis on flood hazard reduction, can provide an important
                           conceptual framework and technical base for developing local SMPs.
                           Conversely, the local SMP is a strong regulatory tool in reducing flood hazards
                           through managing uses within the floodplain. Furthermore, the state statutes
                           encourage coordinated integration of and require consistency between
                           floodplain management and shoreline management.




                           Chapter 13 - Riparian Corridor Management                                   H421









                                   SMY Handbook - 1994 Edition



                                   In the past, conflicts have arisen from floodplain management planning's
                                   emphasis on structural flood control measures (for example, dikes, levees and
                                   flood walls). These measures were often contrary to shoreline management's
                                   emphasis on resource management. The FCAAP program's shift in emphasis
                                   to a comprehensive balance between structural and nonstructural measures
                                   (flood-proofing, development restrictions in floodways, etc.) reduces the
                                   likelihood of this conflict continuing to occur.

                                   Human use of rivers and floodplains encompasses a broad range of
                                   environmental, public and private objectives. Floodplain management seeks to
                                   incorporate the full range of comprehensive planning tools to achieve those
                                   objectives, including the following:


                                   I . Shoreline master program regulations that restrict inappropriate
                                       development and encourage compatible land uses.

                                   2.  The acquisition of flood sensitive areas for compatible land use such as low
                                       impact recreational activities and wildlife habitat.

                                   3.  Land use zoning and site development standards that are responsive to
                                       flood protection issues such as the requirement for on-site
                                       detention/retention systems.

                                   4.  Forestry management and agricultural practices that reduce runoff and
                                       attenuate peak flows.

                                   5.  The use of existing dikes and levees for recreational trails and public access
                                       to water as part of park and recreation plans.

                                   6.  Designing transportation facilities to reduce their impact on the watershed.

                                   7.  Protection and creation of wetlands for stormwater storage and
                                       biofiltration as well as fish and wildlife habitats.

                                   8.  Stormwater management planning that requires individual or cooperative
                                       retention/detention systems.

                                   9.  Carefully designed structural flood control projects that reduce, as much as
                                       possible, negative impacts to adjacent shorelines and other public
                                       objectives.

                                   10. Retrofitting/flood-proofing of existing structures.

                                   Consequently, comprehensive floodplain management planning provides an
                                   excellent framework to systematically address those elements of other planning
                                   activities normally carried out by local governments.



                                   Chapter 13 - Riparian Corridor Management                                    H422










                          SW Handbook - 1994 Edition


                          Flood Hazard Management
                          and Local SMPs

                          For the past 20 years, the SMA has proven to be an effective tool in
                          protecting, utilizing and enhancing Washington State's shorelines.
                          Coordination between a local SMP and its corresponding Comprehensive
                          Flood Hazard Management Plan (CFHMP) is crucial and advantageous for
                          several reasons:

                             ï¿½   SMP provisions should regulate flood control projects to insure that
                                 they do not detract from SMA goals.

                             ï¿½   An SW can be a strong regulatory tool in controlling flood-
                                 exacerbating development in the floodplain.

                             ï¿½   Flood hazard management is an important concern in writing SMP
                                 provisions, with shoreline use, resource protection and environmental
                                 quality important shoreline management goals to factor into a CFHMP.

                          Shoreline master planning mirrors comprehensive floodplain management
                          planning in both process and concept. Both involve public participation,
                          inventory of existing conditions, goal setting, exploration and analysis of
                          alternatives, and both processes are comprehensive in nature.

                          Local governments may find it both efficient and cost effective to adopt a joint
                          approach to shoreline and floodplain management planning. Coastal Zone
                          Management (CZM) funds for preparing SMPs can be combined with FCAAP
                          funds so that the work for both a CFCMP and an SMP update can be
                          undertaken concurrently. This gives local jurisdictions a fiscal as well as a
                          strategic reason to coordinate programs. Local agencies are encouraged to
                          consult with Ecology staff on joint-funding opportunities.










                                                                  C04






                          Chapter 13 - Piparian Corridor Management                                 H423









                                  SW Handbook - 1994 Edition


                                  Shoreline Master Program Issues

                                  Comprehensive nonstructural flood hazard management techniques, including
                                  local flood hazard ordinances, acquisition of flood-prone properties, resource
                                  management regulations and environmental protection measures dovetail nicely
                                  with the requirements and intent of local SWs.

                                  Consequently, SNTs should include the following elements related to flood
                                  hazard management.

                                  I . State where structural flood hazard management measures are allowed or
                                      prohibited; and, under some circumstances, set standards for specific
                                      locations (see Handbook Chapter 7, "Flood Hazard Management").

                                  2.  State standards for riparian vegetation management (see Handbook
                                      Chapter 5, "Clearing and Grading").

                                  3.  Restrict development in floodplains. There are several ways to address this
                                      issue. The most powerful is to set the master program use regulations in
                                      accordance with strong flood hazard control practices. The Growth
                                      Management Act mandates the protection of frequently flooded areas
                                      through development regulations, of which the SMP is one example (see
                                      ESHB 1025 Section 21).

                                  4.  Allow only flood-compatible uses in flood-prone areas.

                                  5.  Encourage a variety of stormwater management techniques and measures
                                      (on-site, subregional, regional) (see the Department of Ecology's
                                      Stormwater Management Manualfor the Puget Sound Basin).

                                  6.  Clearly favor nonstructural methods such as land use controls, natural
                                      retention systems and upland on-site runoff control measures over diking,
                                      flood walls and other engineering solutions that destroy the natural
                                      hydrological and biological processes.

                                  7.  Set standards for flood control projects to minimize their impacts.

                                  8.  Call for the shoreline management -objectives to be included in all flood
                                      control planning and stormwater management programs.

                                  9.  SMP administrative procedures should have clear, concise language
                                      addressing flood control projects or actions which require permits or are
                                      specifically exempted ftom the substantial development permit process
                                      (e.g. maintenance, repair and emergency work).





                                  Chapter 13 - Riparian Corridor Management                                  H424









                           SMP Handbook - 1994 Edition



                           Special Tip

                           Flood control construction that enlarges a dike or other structure,
                           substantially alters a stream course or removes significant vegetation goes
                           beyond the definition of repair and maintenance and should be subject to the
                           permit requirements of the shoreline master program.


                           Recommendations for Master

                                                                0         0
                           Programming Riparian Systems

                           I . Master programs should clearly describe SMP jurisdictional boundaries.
                               The local government should prepare a map delineating shoreline
                               jurisdiction. If the shoreline jurisdiction is established at 200 feet fi7orn the
                               OHWM (or floodway) plus aU marshes, bogs and swamps in the floodplain,
                               then all marshes, bogs and swamps in the floodplain should be identified
                               and mapped.

                           2.  Parallel environmental designations and strict setback requirements for
                               development and altering vegetation should be used to protect significant
                               habitat corridors. Parallel environment designations are preferred as a
                               means of providing stronger, more continuous protection and should be
                               used for sensitive riparian corridors, especially east of the Cascades and on
                               shorelines of state-wide significance. However, precise clearing and
                               grading regulations, and riparian vegetation management regulations
                               should also be incorporated in the SMP to protect the riparian corridor.

                           3.  Public access should be encouraged along riparian systems but not to the
                               detriment of environmental quality. Public access and shoreline recreation
                               plans should include environmental analysis to insure that damage to
                               habitat areas does not occur.

                           4.  Public access should be a condition of aU large-scale development e.g.
                               residential, conunercial, recreational, resort and golf course projects.

                           5.  Master programs for river shorelines should include provisions specifying
                               that structural flood control measures are a conditional use based on need
                               and the lack of alternative nonstructural flood control techniques.
                               Channeling and flood walls should be permitted only where natural flood
                               control measures and restrictions to development on the floodplain are not
                               an option.






                           Chapter 13 - Riparian Corridor Management                                     H425








                                   SMY Handbook - 1994 Edition



                                   6.  Use regulations should specify preservation and/or establishment of native
                                       vegetation for all erosion control and shoreline modifications, including
                                       revegetation and landscaping within a specified setback determined from
                                       environmental analysis. This can be most effectively done through paraHel
                                       environment designations. The preservation and/or revegetation with
                                       native plant materials within the parallel designation should be a condition
                                       of all permits on shorelines of state-wide significance, and for most permits
                                       along the immediate shoreline state-wide. This approach reinforces both
                                       the high-priofity preferred uses protecting the natural character, resources
                                       and ecology of shorelines and the restoration goals for degraded shorelines.

                                   7.  Riparian management zones and policies as well as fisheries and wildlife
                                       habitat protection measures should be identified during the process of
                                       updating master programs by coordinating with the applicable state and
                                       federal agencies.

                                   8.  All shorelines within national forests, and other federal and Native
                                       American lands should be assigned an environment designation so that if
                                       the property is sold to another entity or developed through private
                                       concession, the applicable environment designation and associated
                                       regulations will be in place.































                                   Chapter 13 - Riparian Corridor Management                                    H426








                                   SNY Handbook - 1994 Edition



















                                   CHAPTER 14
                                   Parallel Environment
                                   Designations


                                   Introduction

                                   WAC 173-16-040 (4) calls for local jurisdictions to classify their shorelines
                                   into different "environment designations." Master program regulations for
                                   each designation can then account for different environmental conditions and
                                   use opportunities found in each designation. The most common practice has
                                   been to divide shorelines laterally into segments with differing characteristics as
                                   shown in Figure 14- 1. While this segmented technique is useful for a variety of
                                   situations, it is sometimes advantageous to classify the shoreline jurisdiction
                                   into designations that run parallel to the shoreline or that reflect specific
                                   environmental conditions or physical features. These may include steep bluffs,
                                   dikes, roadways, rail lines and other well-defined features that exist in the
                                   shoreline environment.






                                   Chapter 14 - Parallel Environment Designations                             B427









                                                     SM[P Handbook - 1994 Edition



                                                     Figure 14-1. Typical Environment Designations








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                                                      Cbapter 14 - Parallel Environment Designations                                                                                                                   H-428









                                    SNIP Handbook - 1994 Edition



                                    Figure 14-2 illustrates an example of the use of parallel environment
                                    designations. Parallel environment designations can accomplish a variety of
                                    objectives, including (the letters below correspond to examples shown in
                                    Figure 14-2):

                                    (a) Protecting sensitive shoreline areas; for example, a master program may
                                        designate a "riverine conservancy" environment extending 100 feet from
                                        the shoreline of the specified river to protect shoreline vegetation, critical
                                        wildlife habitats and shaded streambeds.

                                    (b) Differentiating shoreline use areas; 6r example, the area within 100 feet of
                                        the shoreline might be restricted to water-oriented uses while areas upland
                                        of this boundary carry no shoreline use preference requirement.

                                    (c) Preventing shoreline modification such as clearing, grading or fifling, diking
                                        or vegetation cutting.

                                    (d) Setting buildings back from key shoreline areas.

                                    (e) Permitting more intensive development in upland areas along the landward
                                        side of a public road in shoreline jurisdiction.

                                    Some of these objectives can be accomplished with shoreline setback
                                    regulations. However, parallel environment designations have several key
                                    advantages:

                                    1. A parallel environment clearly establishes policies that support
                                        environmental protection regulations whereas an urban designation with
                                        setback requirements does not have that same internal consistency.

                                    2.  A parallel environment establishing a linear corridor emphasizes an
                                        integrated set of policies and regulations that work together to provide
                                        optimum resource protection.

                                    3.  Since setbacks are not always supported by the integrated policies and
                                        regulations, they are not as forceful or defensible regarding resource
                                        protection and are more subject to compromise due to variances and
                                        conditional use permits.

                                    4.  Environment boundaries can follow a natural or man-made physical feature
                                        such as the ridge of a side slope or edge of a roadway, dike or railway
                                        (easily located on the ground).

                                    5.  Parallel designation boundaries are more in harmony with the
                                        characteristics of the existing shoreline, producing finked and compatible
                                        shore vs. upland designations.




                                    Chapter 14 -Parallel Environment Designations                               H-429









                            SMIP Handbook - 1994 Edition




                                                                             Rural
                               %
                                %
                              % %
                                  %                                     solo
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                                                             60    Urban Re    elopment





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                             Figure 14-2. Use of parallel environments to achieve better resource protection and
                             redevelopment potcntiaL





                             Chapter 14 - Parallel Environment Designations                                        H430









                                   SM[P Handbook - 1994 Edition



                                   Parallel environment designations can be useful in managing urban waterfronts
                                   as well as lake shorelines and riverine corridors. This chapter presents
                                   examples of the use of parallel environments in these situations.


                                   Parallel Environments on Urban
                                   Shorelines

                                   The technique of classifying urban shorelines in parallel has several applications
                                   in urban situations. Because environment boundaries can follow roadways,
                                   steep banks, property lines or other physical or geographic features that are not
                                   necessarily a set distance away from the shoreline, they provide a flexible way
                                   to distinguish between different conditions on upland areas. For example,
                                   development can be restricted through a conservancy environment on the
                                   waterward side of a roadway but allowed in the urban environment on the
                                   upland side (see Figure 14-3).







                              Environment designation boundary set by
                              edge of road (NOTE: It may be
                              advantageous to set at edge of existing
                              pavement rather than R.O.W. to prevent
                              further encroachment.)




                                                                                 ............ .....



                                             ..........
                                            ............                       .....         .....



                                                                                           . . . . . . . . . . . . .


                                                                    Street R.C
                       Shoreline parallel environment                         Upland Environment
                       (some variation of conservancy             L - - -               - - - - - - - - --    *..
                       environment restricting construction
                       to protect views and natural
                       shoreline condition) -



                                   Figure 14-3. Parallel environment used to preserve open shoreline on waterward side of
                                   roadway.



                                   Chapter 14 - Parallel En-wironment Designations                             H431









                           SW Handbook - 1994 Edition



                           Water dependency use requirements can also be fine-tuned using parallel
                           environments. For example, use requirements for water-dependent or water-
                           enjoyment uses within 100 feet of the shoreline can be tied to parallel
                           designations. See Chapter 11, Master Program Provisions for Mixed-use
                           Projects, for further discussion of this technique.

                           Height limits, view corridors and public access elements can also be made
                           requirements of a parallel environment that runs along the shoreline. For
                           example, an "urban view" environment that runs along the waterward side of a
                           road could require view corridors and restrict building height (see Figure 14-
                           4).










               Vie%% corridor and height restriction to
                urban -iew" parallel crivironmeni




                           Height limit
                           above road



                                                                                                     Cross section



                                                           0'a


                                                                                A


                                           Al

                                           .10
                                              CO






                                                                                       CX,








                           Figure 14-4. Example of a parallel corridor used to reduce view impacts.






                           Chapter 14 - Parallel EnAronment Designations                                   B432









                                   SMY Handbook - 1994 Edition


                                   Parallel Environments on Coastal
                                   and Lacustrine Shorelines

                                   As noted earlier, parallel environment designations are an especially effective
                                   tool in natural resource management. Boundaries along lakes and coasts can
                                   be set by natural features such as steep slopes or by a specified setback
                                   dimension from the ordinary high water mark or bluff.

                                   For example, the "Conservancy Steep Slope" environment illustrated in Figure
                                   14-5 is tied to the slope of the land. Specialized parallel environments can be
                                   used to:


                                   I .Prevent destructive clearing, grading and erosion near lakes and marine
                                      shorelines.

                                   2. Establish a natural vegetation or visual buffer strip around the perimeter of
                                      a residential lake so that the natural visual qualities of the lake are not
                                      destroyed.

                                   3. Strengthen protection of the shoreline's wildlife habitat characteristics, (e.g.
                                      roosting and nesting areas, watering spots, shallow water feeding areas)
                                      which are critical features of the water's edge.

                                   4. Protect the perimeter areas around wetlands located within shoreline
                                      jurisdiction. This is especially true when a large portion of the 100-year
                                      floodplain is within shoreline jurisdiction.

                                   5. Protect lakes and coastal shorelines from contaminated runoff (for
                                      example, culverted storm drainage outfalls can be prohibited within a
                                      parallel environment).



















                                   Chapter 14 - Parallel Emironment Designations                              H433









                                        SW Handbook - 1994 Edition






                                                   Shoreline parallel environment                                       Upland environment


                                              Setback to protect edge of
                                              slope (width specified in
                                              regs.)

                            Point determined by where slope
                             exceeds      "a"% (e.g. 15% slope)

                                                                                                                                                .............
                                                                                  i@@      .....................................................................
                                                                           V".                                            ............ .     .... ............
                                                                                                           .............
                                                                                                                                                    ..........
                                                                                                                                               ............


                                                                                                       .............          .............


                                        . ..........                                            ......




                            ............
                                                                           200'     jurisdiction


                                        Figure 14-5. Cross section illustrating use of parallel environment to protect steep
                                        slopes.


                                        Parallel Environments on Riparian
                                        Shorelines

                                        Riparian corridors, areas of trees, shrubs, forbs and grasses found along
                                        shorelines, are critical habitats for the majority of vertebrate wildlife and many
                                        fish species on both sides of the Cascades. For riparian systems where
                                        continuity of the natural habitat is especially critical, there is often an
                                        advantage to designating the shoreline environments in parallel. This allows
                                        setting specific environmental protection requirements along the critical
                                        shoreline area throughout the length of the river corridor. This parallel
                                        environment can include all lands within a given distance from the OHWK the
                                        edge of a designated floodway, from the top of a defined bank, or on the
                                        waterward side of a manmade feature such as a road, dike or railway.

                                        Normally, a corridor designation should either be "natural" or "conservancy" or
                                        a similarly protective tailor-made alternative. A "natural" classification would
                                        be most appropriate if the riparian system warrants restoration or preservation
                                                                                              L/





































                                        in a condition free of human influence because it includes a unique resource or
                                        is intolerant of intensive human use. Natural is also the appropriate



                                        Chapter 14 - Parallel Environment Designations                                                                       H-434









                                  SMIP Handbook - 1994 Edition



                                  environment designation along shorelines that have a pristine or near-pristine
                                  riparian native plant community in areas of otherwise rural or urban land use.
                                  Conservancy is best applied to maintain the existing character of a shoreline
                                  while allowing some specified uses. For example, a conservancy environment
                                  is appropriate where river corridors, public access and habitat management
                                  objectives can be balanced.

                                  Several considerations should be addressed in establishing the width of the
                                  parallel environment. The environment should be wide enough to:


                                  1. Provide shade where necessary to aquatic life.

                                  2.  Retain significant plant communities.

                                  3.  Prevent unnatural shoreline erosion.

                                  4.  Provide habitat and buffers for wfldlife sufficient to retain existing species.

                                  5.  Prevent impacts to the shoreline environment from actions on adjacent land
                                      such as timber harvesting, clearing, grading or other forms of development.

                                  6.  Accommodate public access where compatible with the conservation goals.

                                  The supporting regulations that apply to these parallel environments should be
                                  carefully tailored to protect the biological or physical quafities of the shoreline
                                  and uplands. Vegetation maintenance provisions are especially important in
                                  these situations. It is also useful to give the parallel designations a descriptive
                                  name such as "Conservancy-River Corridor" or "Natural-Hafl's Creek Estuary"
                                  to indicate the purpose or geographical area that applies. A descriptive name
                                  also helps to prevent confusion with other environment descriptions. Figure
                                  14-6 illustrates a river-conservancy corridor.






                                                                          A






                                                7,







                                                                                                        :J,



                                  Chapter 14 - Parallel En%ironment Designations                            H435









                           SNIP Handbook - 1994 Edition



                           Figure 14-6. Parallel environment used to create riverine conservancy corridor.

















                                                                                        This environment
                                                                                        could be "rural",
                                                                                        "suburban" etc.













                                                                   A%\








                                                                             0




                                                                                       d
                                                                                      efte-,
                                                          woce Set".
                                                     DISta                                     ov
                                                    In @05dvqoo
                                                      bI r02L                    efoe COV

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                            Chapter 14 - Parallel Environment Designations                                H-436









                                   SMIP Handbook - 1994 Edition















                                   CHAPTER 15
                                   Shoreline
                                   Modification Activities



                                   Introduction

                                   Shoreline modification activities are those actions that modify or change the
                                   physical configuration or qualities of the shoreline. Chapter 8 presents model
                                   language for shoreline modification activities such as breakwaters, jetties,
                                   beach enhancement, etc. Chapter 8 also describes the difference between a
                                   shoreline use and a modification activity and why such a distinction is
                                   important. Besides the organizational points expressed in Chapter 8, there are
                                   several factors to consider in regulating shoreline modification activities, which
                                   are briefly summarized below.

                                   Shorelines are dynamic systems. Builders, home owners and even engineers
                                   and planners have learned through painful experience that shorefine
                                   environments are both fragile and dangerous. Because shoreline environments
                                   are a balance of large and changing forces, disruption to these balanced forces
                                   can have unforeseen and sometimes catastrophic consequences. Not only is
                                   the delicate interplay between geologic, hydrologic and biologic systems easay
                                   damaged, but also a shoreline modification at one point along a shoreline can
                                   have disastrous impacts to other areas far from the construction site. For
                                   example, an upstream river levee can exacerbate flooding in the downstream
                                   lowlands. Similarly, restricting the natural flow of sediment along a beach can


                                   Chapter 15 - Shoreline Modification Activities                            H437









                          SW Handbook - 1994 Edition



                          cause destructive erosion to another section of shoreline. Often, engineered
                          structures such as bulkheads or concrete channels present a hard, non-resifient
                          surface for the power of wave action to work against. Over time, hard
                          structures can be weaker than less costly nonstructural solutions.

                          Realization of these facts has led to new directions in the management of
                          shoreline modification activities. For planning purposes, "shoreune
                          modification activities" is a broad term encompassing a wide range of actions
                          that modify the physical configuration, processes or qualities of the shoreline
                          area. Shoreline modification activities are usually undertaken in support of or
                          in preparation for a shoreline "use" e.g. a bulkhead/landfill for a marina (see
                          Chapter 8). Modification activities include beach enhancement, breakwaters,
                          jetties, groins, rock weirs, dikes, levees, dredging, landfill, bulkheads,
                          revetments (riprap, etc.) and other bank stabilization actions (bioengineering,
                          etc.). Understanding the larger overall system in which each of these types of
                          activities may have an effect or impact is paramount to managing the shorefine
                          for long-term, sustained public benefit and environmental protection.


                                                         d@

























                                                a         0.











                           Chapter 15 - Shoreline Modification Activities                              H438









                                   SW Handbook - 1994 Edition


                                   The Larger Picture and the
                                   Planning Process

                                   One of the easiest pitfalls in reviewing specific shoreline modification projects
                                   is to overlook the larger shorescape issues in favor of focusing on the
                                   immediate problem at hand. How will the proposal fit into the ongoing
                                   interactive processes between landscape and water bodies that shape what we
                                   call the shoreline? A simple planning process should be undertaken for each
                                   modification action proposed in the dynamic shoreline corridor. First, an
                                   inventory of the specific natural system in which the proposal is located needs
                                   to be developed, and the dynan-Lics vrith respect to the system determined.
                                   Second, the full range of alternatives for a proposal needs to be evaluated.
                                   Avoiding a future conflict by redesigning a subdivision, for instance, is much
                                   preferable to later mitigating the impacts of a series of poorly located homes.
                                   Relocation of poorly sited structures may also be an alternative which in the
                                   long-run is cheaper and less environmentally damaging. If structures or
                                   modifications are warranted, what is the range of alternatives and what are the
                                   direct impacts, and cumulative impacts? Third, if there are unavoidable
                                   impacts, can the impacts be mitigated, will the mitigation work, and can it be
                                   enforced?





























                                                                                                                -1 q








                                   Chapter 15 - Shoreline Modirication Activities                            H439









                          SW Handbook - 1994 Edition


                          Identifying Natural Systems and Processes

                          Although marine shores, riverfront property and lakeside lots appear to be
                          different situations, the same types of forces are at work in the dynamic
                          shoreline area. Bank failure, sloughing, erosion, toe undercutting, flooding and
                          wave damage occur with regularity wherever moving water and shoreline
                          development coincide. It is imperative that we understand and inventory the
                          natural system processes in each of these envirorunents if we are to
                          successfully plan for their long-term reasonable and appropriate use. It should
                          also be emphasized that the impact, indeed cumulative impacts, are not just
                          confined to disturbing the geohydraulic processes, but also seriously affect the
                          biological health, water quality and aesthetics of the shoreline.

                          The inventory process may take several forms depending upon the level of
                          information and the decisions which are pending. In the simplest form, a
                          permit or exemption application may be submitted to a planning department
                          initiating review of the site and surroundings. Given the short time frame in
                          which a decision must be made, only the most immediately available
                          information can be considered together with observations made in the field.
                          Data on general trends and stability conditions can often be gleaned from
                          comparison of old and more recent aerial photos, the Coastal Zone Atlas of
                          Washington, Net Shore Drift Studies and related technical references fisted in
                          Chapter 19. Following the guidance and evaluation techniques described in
                          several technical papers listed in Chapter 19, notably "Shoreline Bluff and
                          Slope Stability: Management Options" Ecology Technical Paper, the planner
                          inspecting a site in the field should be able to identify the type and magnitude
                          of development situation relative to the natural system process in which it is
                          located. Without the benefit of more detailed and precise data, a cautious
                          approach in determining setbacks is warranted.

                          Given a longer time frame, the inventory process could take on a much more
                          comprehensive and accurate format. For example, a marine erosion bluff and
                          accretion beach system could be precisely mapped and studied to identify
                          critical factors such as hydrology, soil composition, geologic strata, sediment
                          transport quantities and rates, bluff erosion rates, etc. Based on an analysis of
                          improved empirical data, best management practices and land use standards
                          could be developed through a planning process with the community to protect
                          the long-term integrity of the natural system while recognizing and allowing
                          reasonable methods for individuals, preferably as a community, to protect their
                          private property.

                          Such a system-based planning approach would provide policies and standards
                          tailored to individual communities which are immediately affected by changes
                          in the system. Com-munity education about the interconnectedness of
                          developmental events within a system might emphasize the point that the



                          Chapter 15 - Shoreline Modification Activities                           H-440









                                   SW Handbook - 1994 Edition



                                   creation of one person's bulkhead might mean the dernise of a neighboring
                                   person's beach. In conjunction with the local jurisdiction, a management plan
                                   could be developed which includes technical data and recommendations, a
                                   community vision for the area and proposed shoreline policies and standards.

                                   Playing with a Full Deck

                                   Rather than being put in a reactive role responding piecemeal to shoreline
                                   modification applications and actions within a particular river reach or
                                   marine/lake drift cell, a local government that is equipped with a special
                                   resource management plan (inventory, analysis, alternatives evaluation,
                                   recommendations) is in a position to work with the community to establish and
                                   implement a long-term management strategy. A complete range of alternatives
                                   should be evaluated and innovative approaches, options and combinations of
                                   techniques explored. These approaches include:

                                   1. Prevention as a Priority

                                       a.  The first rule in mitigating for adverse impacts is to avoid the situation
                                           altogether if feasible. This is by far the most economical and
                                           environmentally-sound approach in the short- and long-term. Not
                                           locating in the floodway or on an eroding beach or steep bluff prevents
     0                                     creation of the problem in the first place, although it may be difficult to
                                           convince a developer or property owner. Relocating or changing land
                                           uses to more compatible types may also be an option. Having an
                                           inventory and a management plan -for critical habitat and/or hazardous
                                           areas raises awareness and community support for protective measures
                                           and may make acceptance by individuals easier.

                                   2. Emphasis on Nonstructural Solutions

                                       a. Utilizing bioengineering techniques rather than hard structures at the
                                           shoreline and adjacent banks/bluffs.

                                       b. Combining bioengineering techniques with scaled-down structural
                                           methods to mitigate impacts and provide some additional benefits.

                                   3.  Nfitigating Structural Solutions

                                       a.  Allowing only necessary structures with demonstrated system-wide
                                           benefit and minimized impact.

                                       b.  Requiring mitigation and enhancement of habitat.

                                       c.  Requiring maximum setbacks for structural approaches (revetments,
                                           bulkheads, etc.).



                                   Chapter 15 - Shoreline Modification Activities                             H-441









                           SMT Handbook - 1994 Edition



                              d. Employing setback dikes along rivers and streams to permit the natural
                                  meander process.

                           Recognition and Analysis of Cumulative Impacts

                           Whatever alternative or option is being considered, an evaluation of the
                           impacts of the proposal as if other similar properties were developed within the
                           particular natural system should be carried out. In addition, analyzing what the
                           off-site impacts of a given proposal might be, such as transferring an erosion
                           problem to a downstream neighbor, should provide an impetus for developing
                           a system-wide management plan.







                                                                                                ev










                                                                                          Final stable
                                                  do                                      slope
                                     COTO,                  Exposed



                                                                                      Fixed zone


                                                     Shore process corridor





                           Long-term effects of bulkheading.












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                                   SW Handbook - 1994 Edition


                                   Shoreline Master Program
                                   Recommendations

                                   In order to take advantage of many of these approaches effectively, master
                                   program guidance should be explicitly expressed in clear policies and
                                   regulations, preferable in an SNIP chapter specifically addressing shoreline
                                   modification activities. There are several ways that these approaches can be
                                   written into a master program, including:


                                   I .Establishing goals and policies that put all shoreline modification activities
                                      within a proper context in relation to natural system processes. The
                                      Conservation Element in Chapter 4, Goals, is a prime place to insert a goal
                                      for developing special resource area management plans which recognize
                                      and protect specific resource areas such as marine drift cells. Setting
                                      policies in the General Shoreline Modification Provisions (Chapter 8)
                                      which recognize the public benefits of maintaining natural processes such
                                      as littoral drift, river gravel transport, feeder bluff activity, etc. and that
                                      discourage unnecessary interference with such phenomena should also be
                                      accomplished.

                                   2. Describing all shoreline modification activity regulations in a unified and
                                      consistent manner so that they are considered within a system context and
                                      relative to each other (see Chapter 8).

                                   3. Setting general requirements for shoreline modifications that require that
                                      there be a demonstrated need for a shoreline modification and, if a need is
                                      demonstrated, that the least intrusive modification technique be used.
                                      Chapter 8 contains suggestions for provisions that apply to all shoreline
                                      modifications. They include the requirement that all shoreline modification
                                      activities shall support an allowed shoreline use, and emphasize the
                                      employment of nonstructural techniques.

                                   4. Establishing specific standards for each type of activity e.g. beach
                                      enhancement, revetments, bulkheads, rock weirs, groins, dikes, etc. (see
                                      Chapter 8 ).

                                   5. Clearly identifying perrait and exemption parameters. Ajthough all
                                      shoreline modification activities must comply with the SNIP policies and
                                      standards, a few select activities are exempt from the substantial
                                      development permit requirement. Notably, a "normal protective bulkhead"
                                      constructed at the OHWM to protect an existing single-family residence
                                      fi7orn erosion. A variance or conditional use permit may still be required.
                                      This exemption is to be narrowly construed and shall not be allowed for
                                      undeveloped property, subdivisions, or multi-farnily structures. -An SDP


                                   Chapter 15 - Shoreline Modirication Activities                            H443









                           SNT Handbook - 1994 Edition



                               exemption may also be granted for activities which qualify as "normal
                               maintenance and repair" (WAC 173-14-040 (b)). Two related points
                               which may assist in the management of shoreline modification activities are:

                               a.  Requiring that the project proponent apply for a written exemption.
                                   Many shoreline modification activities such as clearing and grading or
                                   bulkheading of single-family residential properties may not require a
                                   substantial development pern-dt. However, these activities stil.1 faU
                                   within the purview of the Shoreline Management Act, and are regulated
                                   even though they do not require a substantial development pern-dt. To
                                   help insure that environmentally destructive practices are minimized,
                                   many jurisdictions require that the project proponent apply for an
                                   exemption in writing. The application for an exemption includes much
                                   of the information required for a permit so that the project reviewer can
                                   evaluate whether or not the proposal will meet SMI` requirements.
                                   Mitigation or project modification may be required to keep the activity
                                   within the parameters of the exemption. In this way, local governments
                                   can establish records, monitor and secure greater control and
                                   consistency over incremental activities that have great impact over
                                   time. (See sample exemption form in the Shoreline A&ninistrator's
                                   Manual, Appendix 6).

                               b.  Requiring a conditional use for all residential bulkheads and related
                                   shoreline modification actions proposed within identified critical areas.
                                   Residential bulkheads, revetments, groins, etc. cause difficult and wide-
                                   ranging problems along many shorelines because of cumulative
                                   biological impacts and because they can ultimately result in the erosion
                                   of the shoreline and destruction of the development they were designed
                                   to protect. Also, they can prevent the normal migration of sediment
                                   and can impact beaches in other sections of the shoreline. They are
                                   particularly a problem in semi-rural and suburban shorelines where
                                   continuous bulkheads and similar armored treatments can extend for
                                   n-dles, altering the character and dynamic functions of a long stretch of
                                   the shoreline. A normal protective bulkhead for an existing single-
                                   family residence is generally exempt from the substantial development
                                   permit process but not from the variance or a conditional use permit
                                   process, if required by a local master program. Requiring a conditional
                                   use permit for residential bulkheads and other shoreline armoring can
                                   give local governments control over their location, design and
                                   installation and greater consideration of cumulative impacts. It also
                                   allows local jurisdictions to deny new bulkheads and revetments if they
                                   are not necessary and serve only to extend shoreline property
                                   waterward.







                            Chapter 15 - Shoreline Modification Activities                               H-444








                                   SMIP Handbook - 1994 Edition


                                   6.  New techniques for shoreline enhancement and restoration. Environmental
                                       scientists, planners and engineers are constantly developing new
                                       approaches to treating shorelines that are more consistent with natural
                                       processes. Bremerton has recently developed an SNIP section on beach
                                       enhancement that has proven effective, and the new King County flood
                                       hazard management plan includes several suggestions for bioengineering
                                       techniques. As experience with these methods grows, their acceptance as
                                       an alternative to expensive engineering structures will expand. Check with
                                       the Shorelands Program for information on new techniques. (See Chapter
                                       19 for references and available materials).


                                   Special Tip

                                   Definition of Landfill. The Handbook defines landfill as the placement of
                                   soil, sand, rock, gravel, existing sediment or other material (excluding solid
                                   waste) to create new land, tideland or bottom land area along the shoreline
                                   below the OHWM, or on upland areas in order to raise the elevation. If this
                                   definition is used, it is important to clarify when in-water and upland landfill
                                   is allowed and to define the limits of backfill allowed relative to bulkhead
                                   projects, etc.

                                   Definitions of Clearing and Grading. Yhe difference between clearing and
                                   grading has caused some confusion. Aefollowingdefinitions can help
                                   clarify the issue.

                                   Clearing means the destruction or removal of vegetative ground cover andlor
                                   trees including, but not limited to, root material removal andlor topsoil
                                   removal. Yhis includes such activities as clear cutting or selective harvest of
                                   trees, pulling out of stumps, hauling off of shrubs, slash piles, etc.

                                   Grading means the physical manipulation of the earth's surface andlor
                                   surface drainage pattern without significantly adding or removing materiaL


















                                   Chapter 15 - Shoreline Modification Activities                            H445









                                 SMP Handbook - 1994 Edition















                                 CHAPTER 16
                                 Advance Compensation
                                 and Environmental
                                 Mitigation Planning


                                 Introduction

                                 This chapter provides a brief discussion of off-site Mitigation and mitigation
                                 banking. Appendix B contains a more detailed discussion of both individual
                                 off-site mitigation and mitigation banking, including model master program
                                 language and examples.

                                 Because mitigation banking is a relatively new shoreline management concept,
                                 the discussion of mitigation banking here and in Appendix B is intended as a
                                 resource rather than a set of Department of Ecology-sanctioned
                                 recommendations. Ecology's response to mitigation proposals continues to be
                                 on a case-by-case basis.

                                 As development pressures increase on our state's shorelines, more and more
                                 projects will be proposed in areas with valuable natural resources.
                                 Consequently, the conflict between economic development and environmental
                                 protection will continue to grow. State and federal policy currently attempts
                                 to avoid this conflict by discouraging development in areas with valuable


                                 Chapter 16 - Off-Site Environmental Mitigation                           H446









                            SMY Handbook - 1994 Edition



                            natural resources or requiring on-site mitigation for development impacts.
                            However, there are situations where necessary and appropriate development
                            cannot avoid impacts to natural resources. In these cases it may be desirable to
                            mitigate the project's impacts by creating, restoring or enhancing shoreline
                            resources off-site. This is often referred to as off-site compensation or off-site
                            mitigation.

                            The two primary off-site mitigation strategies are individual, case-by-case
                            projects and comprehensive mitigation banking (see Figure 16-1). Individual
                            off-site mitigation projects involve replacing a resource with a similar and
                            functionally equivalent resource at another site. Mitigation banking is the off-
                            site creation, restoration, and/or enhancement of a natural resource to
                            compensate for unavoidable adverse impacts associated with future
                            development. Mitigation banks provide a relatively large mitigation site to
                            collectively compensate in advance for many, usually unrelated, development
                            projects. Each development project qualifying for the use of the bank
                            contributes to bank creation and maintenance costs. Only after the bank is
                            established (mitigation delivered) may development move forward.

                            Environmental mitigation banks represent the newest resource protection
                            mechanism being considered by state and local governments today. This
                            approach is in response to increasing evidence that case-by-case compensatory
                            mitigation may not fully compensate for lost resource functions and values.
                            However, both approaches have significant limitations. The science of
                            of creating" complex environmental resource landscapes is in only the very early
                            stages of development. It has been difficult to demonstrate that off-site
                            mitigation actually creates a resource with the equivalent function and value of
                            the lost resource. Nor has it been easy to insure that created resources are
                            maintained over time. Studies also indicate limited compliance with individual
                            off-site mitigation requirements.

                            At the same time, the effectiveness of mitigation banking has not been
                            demonstrated conclusively. Because it is a new concept, and several years are
                            required to create a mitigation bank, it is too early to assess existing programs,
                            but so far mitigation banking programs have experienced many of the same
                            technical difficulties as individual compensatory projects.














                            Chapter 16 - Off-Site EnAronmental Mitigation                               H-447








                                                  SAR Handbook - 1994 Edition



                                                  Figure 16-1. Approa'ches to Off-site Mitigation






                                                                                                                                       Individual off-site mitigation
                                                                                                     Environment enhanced              actions must provide a resource
                                                                                                     to compensate                     equal in quantity 'area) and
                                                                                                     for project B                     quality (value and function)
                                                                                                                                       to that of the lost resource.


                                                                                                                      Environment enhanced
                                                                                                                      to compensate
                                                                                                                      for project A


                                                                                             A PORT
                                                                                                 PO T
                                                                                           DEVELOPMENT


                                                                                            B MARINA                           Off-site mitigation action tied to
                                                                                          DEVELOPMENT                          individual development proposals.
                                             DEGRADED ESTUARY                                                                  The mitigation actions should be
                                                                                            C DEVELOPED                        in place prior to project permit.
                                                                                            AT LATER DATE


                                PORT                                                 Mitigation and Projects Proceed
                                                                                     Individual Off-Site Mitigation Projects


                                                 SITE A                  C.HANNELED AND             Mitigation bank created by
                                                                          DIKED RIVER               enhancing ecological qualities       Mitigation bank must represent
                                                                                                    and monitoring conditions.           a significant regional resource.

                                                                                                                               T-
                            SIT(E C
                                                                                                                                                       %J


                               Existing Conditions



                                                                                            FUTURE                                                 A
                                                                                            DEVELOPMENT
                                                                                            PROJECTS


                                                                                                                                       B



                                                                                                                                       C
                                          Comprehensive plan with mitigation                                                           --/I
                                          banking program that identifies                       COMPREHENSIVE MITIGATION               0nce mitigation bank is established,
                                          development projects, environmental                   BANKING PROGRAM AREA                   individual projects may proceed
                                          actions and maintenance/                                                                     and be charged against the bank.
                                          administrative procedures.
                                                                                     Comprehensive Banking Plan                Bank Established - Projects Proceed

                                                                                                                         t
                                                                                     Comprehensive Mitiga                 ion Banking







                                                   Chapter 16 - Off-Site Environmental Mitigation                                                                 H-448









                          SW Handbook - 1994 Edition


                          Individual Off-site Mitigation

                          The State Environmental Policy Act Rules (WAC 197-11-768) defines
                          mitigation as.-

                          1. Avoiding the impact altogether by not taking a certain action or parts of an
                             action;

                          2. Minimizing impacts by limiting the degree or magnitude of the action and
                             its implementation, by using appropriate technology, or by taking
                             affirmative steps to avoid or reduce impacts;

                          3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
                             environment;

                          4. Reducing or eliminating the impact over time by preservation and
                             maintenance operations during the life of the action;

                          5. Compensating for the impact by replacing, enhancing, or providing
                             substitute resources or environments; and/or

                          6. Monitoring the impact and taking appropriate corrective measures.

                          The order of mitigation actions listed, from most direct and complete to the
                          least direct, implies an order of preference from I (high preference), to 6 (low
                          preference). This means a selected mitigation action will be considered
                          appropriate in satisfying SEPA requirements only if the mitigation actions of
                          higher preference are not feasible or are ineffective.

                          The priority for environmental mitigation actions establishes state-wide
                          shoreline management policy which encourages off-site environmental
                          mitigation only if on-site mitigation measures are not feasible. However,
                          situations may occur where on-site mitigation for unavoidable impacts is either
                          not feasible or not desirable from a natural resources perspective.

                          In these cases, shoreline enhancement, restoration, or creation may more than
                          offset a project's impact to produce a net environmental benefit. Also,
                          enhancing, restoring or creating a high-quality shoreline resource off-site may
                          be more desirable than mitigating for impacts to a low-quality,shoreline
                          resource on-site. Off-site mitigation actions might include:

                             ï¿½ Breaching an estuarian dike to create a salt marsh;
                             ï¿½ Cleaning up or. capping contaminated sediments and restoring the
                                 shoreline to its natural condition;




                          Chapter 16 - Off-Site Environmental Mitigation                            H-449









                                     SMY Handbook - 1994 Edition



                                         0 Restoring a beach to its natural conditions; or

                                         0 Reestablishing a dune system.

                                     Typically, off-site mitigation is considered on a project by project basis. This
                                     approach has produced some successes but, in general, has several limitations.

                                     Without clear rules or guidelines for off-site mitigation, it is difficult for project
                                     proponents and regulatory agencies to reach agreement. Agencies must
                                     determine whether they are setting a precedent that could result in abuse, and
                                     project proponents must know agency expectations and procedural
                                     requirements in order to develop a responsive proposal.

                                     Natural resource enhancement, restoration and creation efforts have not always
                                     been successful. Since resource replacement is technically demanding and
                                     subject to a number of variables, the only way to ensure mitigation success is
                                     to establish and monitor the resource prior to permit issuance for the base
                                     project.

                                     Individual off-site mitigation projects do not necessarily further a
                                     comprehensive "natural systems" approach to resource management.
                                     Establishing an isolated resource, even if technically successful, may not
                                     contribute to the shoreline system impacted by the project. Long-term,
                                     regional resource management concerns can only be addressed through
                                     comprehensive shoreline planning.

                                     The shortcomings of off-site mitigation can be overcome to a certain extent by
                                     better defining the process, goals, policies and priorities which guide off-site
                                     mitigation projects. Policies and regulations outlining the procedures and
                                     criteria for considering off-site mitigation as a means to satisfy SEPA and other
                                     resource protection requirements may be included in the Environmental
                                     Impacts section of the SNV's General Policies and Regulations. The SNIP
                                     policies and regulations should address each of the following points.

                                     Adhere to the priorities set by SEPA for mitigation.
                                     Off-site mitigation should be considered only after all reasonable measures to
                                     avoid, minimize, rectify, or reduce project impacts are considered and
                                     determined to be infeasible and only after on-site mitigation is determined to be
                                     infeasible.

                                     Establish procedures for ensuring the long-term success of the resource.
                                     Because shoreline enhancement, restoration and creation efforts are technically
                                     demanding, mitigation should be delivered and the success of the mitigation
                                     demonstrated pfior to approval of the base project. Off-site mitigation success
                                     must be documented through an evaluation of physical and biological
                                     conditions prior to and after the completion of the mitigation action. The


                                     Chapter 16 - Off-Site Environmental Mitigation                                   H450









                          SMP Handbook - 1994 Edition



                          resource must be legally and physically protected through covenants,
                          conservation easements or other means to ensure the resource Will be
                          maintained in perpetuity.

                          Insure mitigation efforts are integral to reestablishing a connected
                          shoreline system.
                          The quantity (area) and quality (functions and values) of the replacement
                          resource should be greater than the quantity and quality of the lost resource.
                          Nfitigation efforts also should be integral to reestablishing a connected
                          shoreline system.

                          There are two approaches to this requirement. The first approach establishes
                          SN1P criteria for determining when off-site mitigation is suitable. This gives
                          project proponents the flexibility to propose a variety of off-site mitigation
                          alternatives. However, it provides the applicant little direct guidance in
                          mitigation site selection and proposal preparation. Nor does this parcel-by-
                          parcel method necessarily ensure the mitigation will be part of a connected
                          shoreline system.

                          Advance comprehensive mitigation planning is the second and preferred
                          approach for determining the suitability of mitigation alternatives. The local
                          jurisdiction adopts an area-wide. (watershed, shoreline, etc.) plan that identifies
                          suitable development and off-site mitigation receiving sites. A comprehensive
                          shoreline enhancement plan is most effectively developed in the early stages of
                          an SNIP amendment process, when shoreline environment designations are
                          being reviewed.

                          The SNT should outline, in general terms, procedures to resolve these issues
                          during permit review. Off-site mitigation proposals necessarily will be
                          carefully examined by the Department of Ecology and other resource agencies.
                          Procedures should be included that assure early involvement of the resource
                          agencies. Designation of off-site mitigation as a conditional use is appropriate
                          because of the case-by-case considerations required for these projects and
                          because it assures Ecology's involvement in the project.















                          Chapter 16 - Off-Site Environmental Mitigation                             H451









                                     SMP Handbook - 1994 Edition


                                     Mitigation Banking

                                     The Department of Ecology Shorelands Program has undertaken two studies
                                     regarding mitigation banking. The first study, Wetlands Mitigation Banking,
                                     looked at mitigation banking from a purely wetlands perspective. The 1991
                                     report, titled WetlandMitigation Banking (Castelle et al.), prepared as part of
                                     the first study, forms the basis of much of the information in Appendix B.

                                     The second study, Shoreline Environmental Mitigation Banking, identified
                                     issues, opportunities and procedures for establishing and administering
                                     shoreline mitigation banks. The study attempted to depart from previous
                                     mitigation banking studies by addressing mitigation banking for all types of
                                     shoreline resources, not just wetlands, and building on past studies to examine
                                     "real world" obstacles to mitigation banking implementation. This study
                                     included -the formation of a Task Force representing both public and private
                                     interests and a survey which was administered to over 500 organizations across
                                     the state in an attempt to gather information regarding mitigation banking. the
                                     results of the survey were not statistical but did indicate a high level of
                                     awareness of, and interest in, mitigation banking as a resource management
                                     tool. Respondents also expressed reservations regarding the concept, citing
                                     numerous technical, administrative and political obstacles. Despite the limited
                                     scope of the study, several findings and recommendations did emerge from the
                                     research and Task Force participation. These are summarized below.


                                     There is a growing need for off-site compensatory mitigation banking.

                                     The need for flexible, innovative environmental mitigation planning which
                                     successfully balances development needs and environmental values is growing.
                                     Planners throughout Washington are confronting off-site mitigation every day
                                     in cases where on-site mitigation for unavoidable development impacts may be
                                     infeasible or undesirable from a natural resources perspective.

                                     New shoreline development associated with the ever-changing economy of
                                     water-dependent uses must be accommodated somewhere and such
                                     development will often incur unavoidable environmental impacts. Shoreline
                                     planning has tended to concentrate intensive shoreline development in urban
                                     centers where competition for shoreline resources and limited space for water-
                                     dependent uses leave little room for on-site mitigation. Furthermore, the
                                     Growth Management Act advocates concentrating new development in
                                     existing urban areas, placing even greater pressure on our urban shorelines.

                                     It has been difficult to demonstrate that created resources are equivalent in
                                     function and value to lost resources. Lacking a comprehensive environmental
                                     enhancement plan, individual off-site and on-site mitigation projects result in
                                     scattered, low-quality natural resources that are not representative of what was



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                         historically a larger resource system. Nor has it been easy to insure that
                         individually created resources are maintained over time. Studies indicate
                         limited compliance with individual off-site mitigation requirements and in some
                         cases, the mitigation is never delivered. In Washington State, it is estimated
                         that only about 10 percent of wetland losses permitted under the Section 404
                         permit process are actually mitigated (Rylko and Storm 199 1). Furthermore, a
                         study of 40 mitigation projects conducted in south Florida indicated that only
                         10 percent of the forty mitigation projects were successfiit (Erwin 1991).

                         Approximately one-third of governments and organizations responding to a
                         1993 Department of Ecology survey regarding off-site mitigation indicated that
                         they had been involved in off-site mitigation projects. Forty-one of sixty-nine
                         respondents indicated that their organization had considered mitigation banking
                         as a resource management tool and fifty-one out of sixty-nine respondents
                         indicated that mitigation banking was potentially useful.

































                         Mitigation Banking is one approach to protecting, enhancing, restoring, and/or creating
                         shoreline systems.



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                                     Mitigation Banking is being pursued as a viable resource management
                                     tool throughout the nation and within Washington State.

                                     The US. Army Corps of Engineers' Institute for Water Resources is reviewing
                                     wetlands mitigation banking to determine the potential of this concept for
                                     achieving national wetlands goals, to determine its applicability to Corps of
                                     Engineers' programs and projects and to formulate and design a demonstration
                                     program for potential authorization and implementation by the Corps. The
                                     study has completed an initial inventory of wetland mitigation banks and has
                                     just,initiated detailed case history documentation for twenty-five banks.
                                     Currently, there are at least one hundred banks in an active or planning status,
                                     with a potential for several additional banks to become operational each month
                                     (Brumbaugh and Reppert 1992). An Interim Report on the first phase of this
                                     study is scheduled for completion in the Fall of 1993.

                                     In Washington State, several banking studies and activities are occurring,
                                     including:

                                         ï¿½  Washington Sea Grant has funded a University of Washington proposal
                                            to research mitigation banking entitled Strategiesfor Aquatic
                                            Environments by Hershman, Schauman and Witherspoon.

                                         ï¿½  Washington State Department of Transportation (DOT) is pursuing a
                                            banking program to mitigate ongoing construction projects. DOT is
                                            working now with resource agencies and other participants in drafting a
                                            memorandum of agreement that will form the basis of an
                                            implementation program.

                                         ï¿½  The firm of Biringer and Ebert is developing a private bank site (the
                                            Biringer Berry Farm) in the City of Everett.

                                         ï¿½  The City of Renton is creating a wetland bank to compensate for future
                                            development at various sites.

                                         ï¿½  The Mill Creek Special Area Management Plan (SAW) is a
                                            comprehensive, intejurisdictional resource management plan based on
                                            the concept of mitigation banking. The plan involves Icing County, the
                                            City of Auburn and the City of Kent. The Plan is being prepared
                                            currently and is modeled after the West Eugene Wetlands Plan (City of
                                            Eugene 1992).


                                     Mitigation banking offers resource management opportunities.

                                     Ecology acknowledges that mitigation banking, in concept, addresses many of
                                     the pitfalls associated with individual off-site mitigation projects. However, as
                                     a new, and relatively unproven concept it should be pursued cautiously and



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                         only with the intent of improving the current situation. Following are
                         some of the potential benefits of mitigation banking.


                         1. Demonstration of mitigation success prior to project impacts.

                         2.  Opportunity to design restoration and creation projects as pilot projects.

                         3.  Potential for the creation of sustainable systems which are more resilient to
                             change rather than continued resource fragmentation. Opportunity to
                             locate banking sites where there is greater likelihood of project success,
                             both in near-term and in long-term perspective.

                         4.  Opportunity to develop the techniques necessary to repair or replace
                             natural resources lost from accidents (e.g. oil spills) or natural
                             catastrophes. Also to improve ability to undertake voluntary efforts to
                             create and restore natural systems.

                         5.  Ability to reduce mitigation ratios (down to 1: 1) commensurate with
                             reduction in environmental risks and lag time in establishing functioning
                             systems.

                         6.  Fewer costly delays involved in development review and approval of
                             individual site-by-site mitigation plans.

                         7.  Opportunity to address resource protection from a much more
                             comprehensive "systems" perspective (regional, watershed, etc.). Ideally, a
                             banking program should be based on, a comprehensive environmentat
                             enhancement plan.

                         8.  Opportunity for collective intedurisdictional actions.

                         9.  Economy of Scale Advantages: A large, regionally based bank may be
                             potentially easier to manage than many small sites. A larger site also may
                             be more stable and have greater resource value and diversity.


                         Despite opportunities, mitigation banking must first address
                         inherent problems.

                         The following issues must be resolved before a mitigation bank can be
                         established.

                         1. Long-term protection and maintenance of theresource.

                         2. Insuring that the resulting bank resource is better than the resource lost in
                             terms of area, function and value.





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                                   3.  Establishing realistic criteria for the bank's use, including a system of
                                       "credits" tied to environmental values and a process to determine what
                                       projects qualify for bank use.

                                   4.  Insuring that the public's interests are protected through an open pubhc
                                       decision-making process.

                                   5.  Coordinating other applicable regulatory and resource agencies in the
                                       process.


                                   There are certain situations which may be particularly suited for
                                   mitigation banking.

                                   It is important to note that there is no model for mitigation banking. Banks
                                   may be appropriate in a variety of situations. The following conditions may
                                   indicate suitability for mitigation banking.

                                   1.  Intense competition for shoreline and/or other land resources.

                                   2.  Large-scale restoration projects are planned or are currently ongoing. For
                                       example, the cleanup of Commencement Bay in Tacoma, Washington.

                                   3.  A significant proportion of a jurisdiction's land base is constrained by
                                       environmental conditions. For example, the West Eugene [Oregon]
                                       Wetlands Plan was developed because Eugene's primary industrial
                                       development area was severely restricted by the presence of wetlands.

                                   4.  Regional resource planning efforts, for example watershed planning, are
                                       planned or are currently ongoing.


                                   Comprehensive regional environmental enhancement planning provides
                                   the best approach to mitigation banking.

                                   Mitigation banking will have the greatest chance of success if implemented on
                                   a regional basis.

                                   In general terms, a comprehensive environmental enhancement plan (CEEP)
                                   identifies a strategy for protecting, enhancing, restoring and/or creating a
                                   region's natural resources based on community input and scientific study.
                                   Local governments and potential bank operators are strongly encouraged to
                                   base mitigation banking programs on a CEEP for several reasons.

                                   1. A CEEP provides the opportunity to identify the extent of resources that
                                       n-dght be lost under current development projections.
     is




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                         2. A CEEP establishes resource protection priorities based on a
                            comprehensive natural resource inventory and assessment. By approaching
                            a region's resources as a whole or as "system", the plan can identify which
                            resources should be protected, enhanced, restored and/or created. This
                            approach ties resources together into a connected system and fills the gaps
                            within the region's spectrum of resource types.

                         3. The CEEP process provides opportunities for ongoing land planning.

                         4. The CEEP process can be designed to include broad participation by
                            property owners, the development community, environmental groups, state
                            and federal agency representatives, tribes and other interested citizens.

                         5. Broad public participation allows community -values to be incorporated into
                            resource protection goals.

                         6. Scientific criteria can be established for determining when off-site
                            mitigation is appropriate and when "in-kind" mitigation is appropriate. For
                            example, if a CEEP identifies salt water wetlands as a very high value
                            resource, then the enhancement of a degraded salt water wetland may,
                            under certain conditions, be justified as mitigation for impacts to non-
                            associated, isolated wetlands.

                         7.. A comprehensive resource inventory allows the determination of relative
                            resource values. This is necessary for establishing the currency proscribed
                            in the mitigation bank's memorandum of agreement (MOA) and insuring
                            that bank transactions result in a net environmental benefit in terms of
                            resource quantity (area) and quality (value and function).

                         8. CEEPs can meet a range of community objectives. For example, a
                            comprehensive wetlands protection plan can protect rare plants, provide
                            open space along a regioes major streams, provide for water quality
                            improvements, reduce the risk of flooding, meet state and federal wetland
                            protection requirements and provide for economic development.

                         9. A regional approach provides economy of scale advantages: one large
                            bank site may be easier to manage over time than many small sites.

                         10. Provides opportunities for multi-use (or multi-obj ective) of the bank which
                            can increase funding opportunities.

                         11. Priorities for shorelines of state-wide significance emphasize a regional
                            approach.







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                                     If mitigation banking is to be a useful shoreline management tool in
                                     Washington State, a number of obstacles must be overcome.

                                     First, existing environmental protection regulations and permit review
                                     procedures discourage comprehensive mitigation banking. Because it carries
                                     opportunities for abuse and because it departs from the straightforward, "hold
                                     the line" resource protection stance, agencies are slow to consider the concept.

                                     Moreover, banking requires coordination of all applicable resource agencies
                                     and local governments each with their own interests and jurisdictions. All must
                                     be satisfied before a program can proceed. Since mitigation banking requires
                                     breaking new.ground, in effect experimenting, a mitigation banking program
                                     must navigate through the same regulatory web designed to prote& natural
                                     systems. Because mitigation banking is complicated, that web of regulations
                                     and procedures is especially complex.

                                     Second, better scientific information is needed. The concept of mitigation
                                     banking has been applied almost exclusively to wetlands. Shorelines are
                                     complex natural systems. Research is needed to improve our knowledge of
                                     environmental enhancement and restoration. There is a critical need for a body
                                     of experience to guide future banking efforts. @

                                     Third, funding is a serious problem. Mitigation banking requires considerable
                                     expenditure well in advance of development projects, and the success of the
                                     program is never certain, it seems unlikely that private interests will be able to
                                     provide the resources and accept the risks a banking program will entail. In
                                     effect, compensatory banking is a long-term, relatively high-risk investment.
                                     Large state or federal agencies (e.g. WSDOT, the EPA), major ports, non-.
                                     profit organizations (land trusts) or a unique private situation may be the most
                                     likely funding sources.

                                     Fourth, the concept must be discussed within the larger public forum.
                                     Ultimately, mitigation banks will affect the distribution of resources and must
                                     be predicated on public acceptance and approval. Since public participation
                                     will be an important part of mitigation bank development, interested citizens
                                     should have a voice in framing the policies supporting those efforts.

                                     Fifth, education is essential. It must be clear that mitigation banking is not a
                                     shortcut or panacea. However, resource managers must acknowledge the risks
                                     of the current system (that it has achieved limited success) and take a "leap of
                                     faith" regarding new mitigation alternatives.








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                         The Washington State Department of Ecology is in a position to provide
                         the leadership needed to pursue mitigation banking in Washington State.

                         Leadership is needed to coordinate regulatory procedures, foster scientific
                         research, pursue funding and provide guidance regarding administrative and
                         management practices.

                         Ecology cannot take an operational position on mitigation banking that win
                         influence department decisions because, as currently conceived, the concept is
                         still in its experimental stages and it carries the potential for abuse and is locally
                         unproven. However, Ecology does embrace, in principle, the concept and will
                         take an active role in exploring its potential through controlled experimentation
                         and interagency efforts in hopes that an understanding can be reached
                         consistent with SMA goals and other resource management efforts.

                         Before advocating mitigation banking as a viable resource management tool,
                         the department must insure that banking programs are not merely used as a
                         way to, circumvent current regulations and that they are worth the major
                         investments they require.

                         Despite these limitations, the concept of mitigation bankingis worth pursuing
                         because of its potential to solve key resource management/development
                         conflicts, and,provide a comprehensive resource planning approach'.


                         Any mitigation banking position taken by the Department of Ecology
                         would be based on a resource management perspective and the following
                         assumptions.

                         I   A higher level of natural resource protection is the fundamental reason for
                             pursuing mitigation banking. The primary impetus is NOT development
                             expediency.
                         2.  Resourceenhancement, restoration or creation must take place prior to
                             development.

                         3.  The mitigation bank must respond to a comprehensive environmental
                             enhancement plan.

                         4.  Compensatory mitigation policies do not supplant SEPAmitigation
                             guidelines and priorities.

                         5.  The mitigation bank effort must involve citizens, local government and
                             resource agencies.






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                                  CHAPT'E'R' 17
                                  Public Access.


                                  Introduction

                                  The Washington Administrative Code chapter p   roviding guidelines for master
                                  program development, WAC 173-16-040 (4) (iv), states that:

                                      "In the master program, priority is also to be given to planningfor public
                                      visual andphysical access to water in- the urban environment Identifying
                                      needs andplanningfor the acquisition of urban landforpiermanentpublic
                                      access to the water in the urban environment should he accomplished in
                                      the masterprogram. -To enhance waterftont and ensure maximumpublic
                                      use, industrial and commercialfacilities should be designed to permit
                                      pedestrian waterftont activities. Where practicable, various access points
                                      ought to be linked to non-motorized transportation routes, such as bicycle
                                      and hikingpaths.

                                  The provision of public access along shorelines hasresulted in several master
                                  program issues:

                                         How can public access be most effectively planned to optimize public
                                         benefit?@

                                         When can public access be a substitute for water-dependent. or water-
                                         related uses?





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                              ï¿½ When should public access be required?

                              ï¿½ What implementation techniques are useful in achieving public access
                                  objectives?

                          Chapter 17 addresses these questions. Additionally, the Department of
                          Ecology publication, An Evaluation ofPublic Access to Washington's
                          Shorelines Since the Enactment of the Shoreline Management Act of 1971, by
                          James Scott, is a valuable reference and includes master programming and
                          policy recommendations. Suggestions for design and construction details can
                          be found in the Shoreline Public Access Handbook, Ecology publication #90-
                          06.

                          Public access provisions can present complex legal issues in certain
                          circumstances. Local governments should periodically review their public
                          access provisions to ensure they comply with current legal standards. While
                          Ecology has information on suggested public access provisions, responsibility
                          for legal review rests with the local government and their legal counsel.

                          Comprehensive Access Plan

                          Public access improvements are most effective when they are coordinated to
                          provide a spectrum of recreation and educational experiences and linked to
                          each other and to other focal points in the community. Therefore, public
                          access improvements and master program requirements should be strategically
                          integrated through a public access plan. Such a plan not only organizes the
                          public planning and capital improvement efforts, it also provides a rationale for
                          private development access requirements. Requiring development to provide
                          shoreline access has a stronger legal basis if these policies are tied to a
                          comprehensive strategy to enhance the public's use of the shoreline because a
                          stronger connection can be drawn between an individual requirement and
                          impacts which must be mitigated. For example, a comprehensive waterfront
                          access plan can identify where access will be most usefW, demonstrate how
                          private efforts can tie into public projects, specify how various private
                          developments can be linked together, and/or be used as a basis to decide which
                          areas require specific standards. Mile examples in this chapter highlight urban
                          shores, sirnilar application can be made to rural areas.

                          Access plans have been useful in revitalizing urban waterfronts, garnering
                          public support and furthering urban design goals because they are visual in
                          presentation and positive in direction rather than solely regulatory. They also
                          compliment the regulatory aspects of master programs and can provide a basis
                          for master program standards.





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                                 A successful public access plan should ideally contain the following elements
                                 and should incorporate public improvements (such as trails and parks),
                                 regulatory requirements and design standards for private developments:

                                     0   Pedestrian connections

                                     0   Relation of pathways to land uses and development patterns

                                     0   Districts of differing access requirements (e.g. districts where shoreline
                                         access is required, where it can be a substitute for water-dependent
                                         uses, where it is not necessary, etc., type of access required)

                                     *   Identification of special opportunities, including view access

                                     0   Relation to recreational facilities, parks, etc.

                                     0   Design and signage standards

                                     0   Public/private implementation strategy

                                     0   Safety criteria

                                     0   Automobile parking

                                     0   Connections to bicycle trails

                                     *   Standards for private development (e.g. setback, landscaping, etc.)

                                     0   Standards for providing privacy for adjacent residents

                                 An access plan can either be a part of the shoreline master program or a
                                 separate document referred to in the master program. A separate document
                                 has the advantage of being more easily modified and utilizing an appropriate
                                 format. It is sufficient in Department of Ecology permit review for local
                                 administrators to document whether or not the proposed project meets the
                                 adopted access plan and to refer to the plan!s provisions. If a separate access
                                 plan document is used, however, the master program should contain minimum
                                 access design standards and indicate where access is required. Some
                                 jurisdictions have included abbreviated portions of the public access plan as an
                                 appendix to the master program. The plan should include both a map and
                                 language which establishes the criteria and standards. It could be developed in
                                 phases, with a conceptual plan and general goals coming first, supplemented by
                                 more detail as time is available.









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                         Several towns and cities have developed access plans for a portion or all of
                         their urban waterfronts; these include Seattle, Everett, Oak Harbor, Port
                         Townsend, Port Angeles, Bremerton, Kirkland, Tacoma and Olympia. Several
                         cities have also initiated successful public access and recreation projects
                         resulting from or in addition to such planning efforts. Examples include
                         Percival Landing in Olympia, Elliott Bay Park and Waterfront Park in Seattle,
                         the Port Angeles Civic Pier, Ruston Way in Tacoma, Riverfront Park in
                         Spokane and Columbia Park in Kennewick and Richland. These and other
                         projects have generally been key factors in stimulating desirable development
                         along urban shorelines and have played important roles in revitalizing their
                         locales.


                         Public Access as a Requirement for
                         Non-water-oriented Uses

                         Public access should not be a substitute for water-oriented use requirements.
                         The access plans should indicate specifically where public access is used as a
                         provision for permitting non-water-oriented uses and this provision should also
                         be reflected in the master program use requirements. Public access should be a
                         component of all "water-enjoyment" uses. The master program should set
                         definite standards for the design of the access which should cover:

                         1. Connection to public ROW;

                         2.  Hours and restrictions to access;

                         3.  Legal mechanism for insuring that access will be established permanently
                             (easement, etc.) and maintained;

                         4,  Signage;

                         5.  Connection to pedestrian or bike trail;

                         6.  Requirements for site enhancements such as seating, landscaping, viewing
                             platforms, opportunity to reach the water's edge, lighting, interpretive
                             displays, etc.

                         Public Access on Industrial Sites

                         The public's fascination with the waterfront has always been quite strong.
                         Industrial waterfronts, especially those with a variety of human activities and
                         historical or cultural associations, are valued as an important public amenity as
                         well as a critical economic resource.



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                                     Industrial activities and recreational visitors, however, fall into apparent
                                     conflict for several reasons. Many ports and maritime industries fear that
                                     public access improvements such as pathways, piers, viewpoints, boat moorage
                                     or parks will interfere wit 'h work activities, compromise security or threaten
                                     individual safety. Often, industrial activities produce noise, glare, fumes, or
                                     other conditions that make them incompatible with waterfront attractions such
                                     as parks, restaurants and retail shops. Also, public access improvements in the
                                     past have tended to "clean up" or "beautify" the waterfront to the detriment of
                                     the messy but lively work-a-day character that provided the waterfront's
                                     original attraction.

                                     These apparent conflicts are the basis of the most challenging issues in the
                                     planning and design of public access elements and mixed-use projects on
                                     industrial waterfronts, and pose the following design questions:

                                             How can public access be added to industrial sites without interfering
                                             with work or compromising security?

                                             What are some ways visitors' safety can be assured inactive industrial
                                             areas?


                                             How can the working waterfront's visual character be maintained while
                                             providing attractive amenities for visitors?

                                     Several projects from across the state have incorporated the following
                                     solutions:


                                     Observation Points.

                                     View tow' ers, periscopes and elevated platforms are useful in providing views
                                     of industrial activities and have proven successful in areas such as Percival
                                     Landing in Olympia and Pier 48 viewpoint in Seattle. Interpretive displays
                                     explaining what is seen is also an attractive feature. Such viewpoints are
                                     considered viable alternatives to trails or paths into dangerous industrial sites.

                                     In her research on public access in industrial areas, Susan Emst-Corser found
                                     that such observation points were used more heavily when they were close to
                                     other public attractions or were located on pedestrian/bicycle trails.

                                     Design of Improvements

                                     Promoting public access on industrial sites can be a
                                                                                             , particularly difficult
                                     challenge,butthe    'effort can.be successful if attention is paid to site design.
                                     The Port of Seattle's Fishermen's Terminal complex is a good example, since it




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                          includes both a wide range of industrial activities and serves as a popular
                          visitor's destination. Aspects of the design which make it successful include:

                          1. Separating visitor circulation and parking from industrial traffic;

                          2. Concentrating visitor attractions in one part of the site;

                          3.  Providing a strong attraction that focuses visitors attention (at Fishermen's
                              Terminal, the restaurants and central plaza served this purpose);

                          4.  Reinforcing safety signage with design cues such as paving, fighting'and
                              site amenities to indicate where visitors are welcome;

                          5.  Restricting bicycle traffic to indicated areas and providing safe lanes where
                              they are allowed; and

                          6.  Designing architectural and site elements to reinforce the activity's
                              utilitarian character. For example, at Fishermen!s Terminal, the building
                              was designed with metal siding and simple forms in response to the
                              architecture of the warehouses and net sheds.

                          The terminal was successful in meeting both its industrial and public access
                          goals. The greatly expanded fishing fleet facilities have functioned
                          exceptionally well and the terminal has become an active visitors destination,
                          attracting between 95 and 125 people per hour on summer weekends.

                          The project illustrates that industrial waterfronts can be the setting for exciting
                          recreational opportunities and important civic attractions. It substantiates the
                          premise that combining recreational and commercial uses along a harbor can, if
                          properly planned, enhance economic viability of all uses and maximize the use
                          of shoreline resources. Visitor safety, impacts on industrial work and
                          compatibility of shoreline uses are concerns that must be addressed, but which
                          can often be solved.

                          Fishermen's Terminal also illustrates several elements in the design process that
                          are key to successfully integrating public access with industrial activities. They
                          are:


                          I . Working directly with the in dustrial businesses to lower apprehensions
                              regarding increased public access and seeking solutions that benefit both
                              visitors and workers.

                          2.  Considering public access and use compatibility issues throughout the
                              program, master planning and design process. Continuity within the design
                              team through these work phases is recommended.





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                                   3.  Careful site planning to separate incompatible uses and provide adequate
                                       circulation. Separate vehicle access and parking for visitors reduces impact
                                       to work activities.

                                   4.  Including elements in the project that benefit workers and industrial
                                       activities as well as the visiting public. Better circulation and parking,
                                       convenient commercial services, improved lighting and new site amenities
                                       can upgrade conditions for the existing industrial uses.

                                   5.  Using signing and visual cues to orient and direct visitors. Non-verbal
                                       design elements such as pavement markings, lighting and site furniture can
                                       help to control visitor circulation.

                                   6.  Respecting the work-a-day qualities of the industrial setting. Not only
                                       does a low-key design approach help preserve the working waterfront's
                                       authentic character, it also indicates that visitors should respect the
                                       workers' needs and reiterates that the site is a working area first, and
                                       secondly a public attraction.

                                   Incorporating Public Access Into Environmental
                                   Mitigation

                                   Many industrial developments require that environmental impacts be mitigated
                                   by on-site environmental improvements such as the creation or enhancement of
                                   wetlands, beaches.' lagoons, dune environments or other biological resources.
                                   In some cases, public access improvements such as nature trails, canoe
                                   launches, observation decks or fishing piers can be incorporated into the
                                   environmental enhancement measures. The combination of environmental and
                                   public access mitigation can, if done well, save money and utilize shorelines
                                   more efficiently. The Southwest Harbor Development being proposed by the
                                   Port of Seattle points out some of the opportunities and challenges of such an
                                   approach.

                                   The Southwest Harbor project is driven by the need for expanded terminal
                                   space which may require filling along the shoreline. If this occurs, significant
                                   environmental enhancement will be required in the form of low-angle beach
                                   creation, environmental clean up and biofiltration of runoff. One scheme to
                                   accomplish all of these requirements is to create an "atoll" breakwater with a
                                   pathway that protects-the sensitive shallow beach intertidal zone. The path will
                                   also prove a destination attraction with a unique view of the city, the river and
                                   the surrounding habitat. Drainage systems can be developed to treat runoff as
                                   well as provide upland habitat that is separated but visible from the walkway.
                                   At the same time, the interconnectedness of development, toxic sediment clean
                                   up measures, public access features and ha  bitat mitigation actions means that
                                   all of the engineering and regulatory problems for each of the elements must be


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                          solved together. This greatly complicates the work process but offers much
                          greater rewards if the project is successful.


                          Off-site Public Access

                          As a matter of policy, on-site public access mitigation is preferred over off-site
                          public access improvements because unless carefully planned, off-site
                          mitigation does not truly compensate for the loss of the public's right to access
                          the shoreline. However, there are cases where on-site public access cannot be
                          accommodated for safety, security, compatibility, or site planning reasons. The
                          general requirements for public access (see Chapter 5) acknowledge these
                          conditions and allow off-site public access when they are not possible on-site.
                          Note that these exceptions to on-site public access requirements generally
                          apply to water-dependent industries only.

                          For two reasons, a public access plan that indicates key public access locations,
                          pedestrianibike routes and special features is necessary to insure successful off-
                          site access. First, it considers the broad spectrum of shoreline access resources
                          so that the relative importance of each site can be evaluated. Second, it
                          identifies potential public access features which may be developed as off-site
                          compensation. The Port of Seattle's Duwarnish Waterway Public Access Plan
                          offers a good example of a plan that coordinated proposed Port development
                          with a comprehensive series of projects to improve access throughout the
                          waterway. Public access improvements were timed to development actions in
                          a agreement that allows the Port to proceed with orderly development on the
                          river harbor.


                          Public Access in Environmentally
                          Sensitive Areas

                          There may be situations where providing public access conflicts with
                          environmental protection of wetlands and critical wildlife habitats. In such
                          cases, protection of the resource generally has priority. Damage to critical
                          areas is sometimes cited as a reason for not providing public access. However,
                          often times the two objectives can be accomplished through careful design.,

                          Wetland protection usually requires that a buffer be maintained around the
                          designated area. Public access can sometimes be accommodated; in other
                          cases, it can threaten a buffer. Boardwalks, platforms, vegetation screening
                          and setbacks can all be utilized to mitigate the impacts of public access on a
                          sensitive area. The model language in Chapter 5 makes allowances for not
                          requiring public access where environmental harm will occur. However, the
                          regulation also requires that all reasonable alternatives to mitigate that impact


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                                   be explored, so that an apparent conflict between public access and
                                   environmental protection should not be taken as a necessarily irreconcilable
                                   conflict.


                                   Public Access Design Standards

                                   Thus far, the discussion in Chapter 17 has dealt with physical access but the
                                   SMA addresses visual access as well. Design standards to preserve views,
                                   provide sunlight and air, control height and building density, regulate signage
                                   and enhance urban design character are used by various jurisdictions. The
                                   complexity and format for these differ greatly.

                                   The most specific directions in the Shoreline Management Act and supporting
                                   WACs regarding design standards deal with view blockage. This concern for
                                   view protection translates into the need for master programs to regulate height
                                   a,nd side yard (or view corridor) requirements. In addition, front yards (facing
                                   the street) and rear yards (facing the water) are often specified in order to
                                   prevent a visual narrowing of the street corridor and to provide a setback from
                                   the water. Besides maintaining views of the water, height and bulk (bulk
                                   meaning the size of building as determined by side yard setbacks) are useful in
                                   regulating the scale of shoreline developments and in preventing undesirable
                                   shade and shadow patterns.

                                   It is important to note that the WAC directions pertain primarily to view
                                   blockage or degradation and not to design, style or purpose. Master program
                                   standards for signs, other than signs for public access elements, need not be
                                   concerned with issues such as color, materials or graphic designs. These types
                                   of controls, if desired, should be included in the City or County's signage,
                                   zoning or design review ordinance. Likewise, design standards for building
                                   materials and architectural design elements standards should not be included in
                                   master programs except as they relate to public access improvements.

                                   Location and size of parking lots are important considerations relating to both
                                   use requirements and design standards. Screening and landscaping of parking
                                   may be included in SMP provisions. Also, design standards for public access
                                   points and view corridors should be included where applicable.

                                   Providing Flexibility and Specificity in Design
                                   Standards

                                   Design standards must be specific enough to facilitate project review with
                                   predictable results. At the same time, design standard flexibility is desirable to
                                   take into account unique site conditions or to allow deviations or variables that



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                           would result in development more favorable to the public. Several methods to
                           deal with these two objectives have been developed and are described below.

                           Refining design standards according to parallel subareas.
                           Just as parallel subareas (e.g. aquatic, shoreline and uplan d lots) can be used to
                           refine use requirements, they can also be helpful in formulating more effective
                           design standards. For example, in a given zone, the height limits might be 15
                           feet for aquatic areas, 3 5 feet for shoreline lots and 5 5 feet for upland lots.
                           This type of refinement could be very useful in preventing view obstruction and
                           maintaining smaller-scale development at the shoreline.

                           Refining design standards by setting a hierarchy of
                           requirements from general standards to use-specific or area-
                           specific standards.
                           The Seattle Master Program sets both general development standards that are
                           applicable throughout all shorelines and standards that vary from
                           subenvironment to subenvironment. Signage standards are covered under
                           general development standards while height and bulk standards are set for each
                           individual subenvironment (e.g. urban maritime, urban commercial, etc.).
                           Some master programs assign height and bulk to individual shoreline areas.
                           The proposed Seattle Shoreline Master Program further divides the Urban
                           Harborfront Environment Subclassification into subareas with height limits
                           specified for each area. Finally, greater heights are allowed in specified areas if
                           water-dependent uses are developed according to the water-dependency
                           provision. Thus, additional height is used as an incentive with water-
                           dependency but only according to very specific conditions.

                           Allowing exceptions to design standards if they meet specified
                           performance criteria.
                           The Tacoma Shoreline Master Program incorporates a technique for allowing
                           exceptions to design criteria. For example, a rear setback can be reduced from
                           the requirement stated in the code if approved by the Hearing Examiner and
                           the City Council. To be approved, it must be shown that, a) one of several
                           benefits will accrue by granting the exception or that the required setback is
                           unnecessary by site condition; and b) that the redirection of a setback will not
                           result in any of the negative impacts described in this section. Finally, the
                           Hearing Examiner and the City Council may place conditions on the substantial
                           development permit to ensure compliance with the master program objectives.

                           In summary, local SNIPs should include design standards for height, side yard
                           setbacks (view corridors), front yard setbacks and rear yard setbacks (shoreline
                           setbacks). They should also. include signage standards that address view
                           degradation or blockage . Standards for size and location of parking lots



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                                   should also be set either as use requirements or design standards. Cities and
                                   counties should consider a variety of options in developing provisions for
                                   flexibility and specificity in design standards.

                                   Writing Specific Public Access
                                   Provisions

                                   The model language for general public access provisions presented in Chapter
                                   5 is a good starting point for a city or county SNIP. However, provisions can
                                   be added to provide greater specificity in terms of required public access
                                   improvements for different shoreline segments, additional design standards for
                                   public access areas including view corridors and open space. Below are
                                   presented some examples of SW provisions that provide direction to property
                                   owners and permit reviewers. These are not intended as model language but as
                                   examples of local implementation. Dimensions, features and other provisions
                                   will vary from one situation to the next.

                                   Standards for a Continuous Public Esplanade

                                   The following excerpt from the City of Tacoma's Foss Waterway Public
                                   Access Plan is an SNIP recommendation for a continuous esplanade.


                                   ExAMrLE: CITY OF TA mA Foss WATERWAY PUBLic AcCESS PLAN
                                   A condition of all shoreline permits in the S-8 district shall be the construction
                                   of the following public access improvements:
                                   A continuous, unobstructed, publicly accessible esplanade or boardwalk
                                   fronting directly on the shoreline edge. The esplanade or boardwalk will be a
                                   minimum of 15 feet wide with a 20-foot average width. Site amenities such as
                                   benches, lights and landscaping will be included as a part of the esplanade or
                                   boardwalk construction. NOTE: The esplanade section in the Wheeler-
                                   Osgood Waterway may be a minimum of 8 feet wide, but it must be set within
                                   a required 25-foot wide (m@inimum) vegetation maintenance zone. Native
                                   vegeta ion, (ground cover, shrubs and/or trees) shall be established and
                                   maintained within this area.













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                                      Public Access Trail Standards Adjacent to
                                      Environmentally Sensitive Areas

                                      The following graphic from Everett's SNP illustrates an example of trail
                                      development in sensitive areas.




                                                        Spur path:
                                                        6' wide (min
                                                        boardwalk or pathway









                                                 4                                                                         A-




                                                       25' (min.)
                                                 I     setback
                                              @Min.)L  for                         Sensitive Area
                                              rPaved'  sens ""
                                               trail   area Cor ., Iietermined by Everett Planning Dept.

                                          50' (min.) setback
                                          to de%eloped structure                                             Schematic
                                          jor as determined b v
                                          Everett Planning Dept.)                                            Section






                                                                                        6.(min.) path or
                                                                                          ardAalk






                                                                                                             r
                                                       50  @@back

                                             Main
                                              trail



                                                            12'    25' (min                   spur path
                                                             min.                             (c-,ry 1000't)

                                                                                       Sensitive Area
                                                                                                                                  V




                                      Figure 17-1. Example of trail development in sensitive areas.



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                                     Reference to Public Access Plan Standards

                                     The following example illustrates how public access plans may be referenced in
                                     an SUP. Note that a minimum standard is stated explicitly.


                                     CITY OF EVERETT SHORELINE MASTER PROGRAM

                                     Requirements for Development on Port Gardner Harborfront
                                     All developments on the Port Gardner Harborfront south and west of the
                                     Alverson Street Bridge shall adhere to the standards and intent of the "Everett
                                     Harborfront Public Access Plan". At a minimum, 0 on-site public access
                                     improvements shall include a dedicated paved walkway at least 15 feet wide or
                                     as indicated in the Harborfront Public Access Plan and include the on-site
                                     improvements shown in the plan. The rafling, pavements, landscaping and
                                     other site improvements shall meet or exceed the standards in plan as
                                     determined by the Everett Planning Department. The public access
                                     improvements shall be connected to other sections of the Plan's public access
                                     route.



                                     Provision For Off-site Public Access
                                     Improvements

                                     The City of Everett's SM? allows compensatory off-site public access
                                     improvements so long as they conform to the adopted access plan. Note that
                                     such a provision is effective only when it is found in a comprehensive public
                                     access plan.


                                     CITY OF EVERETT SHORELINE MASTER PROGRAM

                                     Off-Site Public Access Requirements
                                     If the City of Everett determines that on-site development is not feasible
                                     because of conditions stated under Regulation I -a through I -e, (I a-e is the
                                     same as the model language regulation in Chapter 5), then the City may permit
                                     the applicant to substantially contribute to a significant off-site public access-
                                     recreation feature included in the Everett Harborfront Public Access Plan.
                                     Significant public access/recreation features in the Plan include Harborfront
                                     View Park, Boat Launch Park, Forest Park (shoreline area), Jetty Island, BN
                                     Station Viewpoint and the proposed 13th Street Public Access site. The City
                                     of Everett shall determine the amount and terms of the public access
                                     contribution.








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                           View Corridor, Pedestrian Circulation and Open
                           Space Requirements

                           The City of Tacoma@s proposed access standards for the Thea Foss Waterway
                           include provisions for view corridors, pedestrian levels from the street to the
                           shoreline, parking dedicated to public access and open space for large parcels.


                           Crry OF TAcomA Foss WATERWAY PuBmc AcCESS PLAN
                           View Corridor Requirements
                           1 . A side yard/view corridor of 30 percent of the width of the site is required
                               under existing regulations. In addition to this existing regulation, at least
                               50 percent of this side yard/view corridor shall be dedicated to hardscape,
                               low-growing vegetation, open space, or site amenities other than parking.
                           2.  A pedestrian circulation link from street right-of-way to the public
                               esplanade or boardwalk, parking lot and building entrance shall be provided
                               for each- development and be a minimum of 15 feet wide. It is desired that
                               required pedestrian circulation link be adjacent to the sites off-street
                               parking and/or view corridor.
                           3.  One parking space for the first 20 parking spaces and one for each 50
                               thereafter shall be set aside and appropriately marked for public access
                               only.
                           4.  Developments on sites over one acre in land area or with over 500 linear
                               foot frontage shall include additional public open spaces or plazas equal to
                               at least 5 percent of total property area. Such public spaces shall include
                               landscaping and site amenities such as benches and lighting.
                          15.  A public access easement for the above requirements shall be provided to
                               the City. Public access easements and per   mit conditions shall be recorded
                               on the deed of title and/or on the face of the plat or shore plat as a
                               condition running in perpetuity with the land. A prohibition against
                               "hostile" signs and locking gates shall be pan of the access easement.


                           Parking Lot Screening

                           The following example of screening deals with several of the parking lot design
                           issues near public access sites. However, parking lots can provide expanded
                           views over the cars to the shore. In such cases, screening should be kept low
                           and trees placed to minimize view blockage.







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                                     ExANTLE: CITY OF TAcomA Foss WATER'wAy PuBLic AccEss PLAN

                                     Parking Lot Screening Requirements
                                     1 . Parking shall be screened from the street and esplanade by a three-foot-
                                         high landscaped screen or a three-foot-high brick or solid fence, allowing
                                         for proper sight distance at accesses. Such landscaping shall provide 50
                                         percent screening at time of planting, and should achieve 100 percent
                                         screening within three years after planting. At minimum, ground cover
                                         shall be used in conjunction with a wall or fence.
                                     2.  Landscaping equal to 15 percent of the paved vehicular area shall be
                                         installed.
                                     3.  One medium-growing tree, 30 to 50 feet at maturity, shaU be required for
                                         every 1,500 square feet of paved vehicular area.
                                     4.  Parking lot planted beds shall be a minimum of 8 feet wide. Perimeter
                                         planting beds adjacent to parking spaces shall be a minimum of 6 feet wide.
                                     5.  Parking lot lighting shall not exceed 20 feet in height.
                                     6.  Parking lots shall contain pedestrian connections to the public esplanade or
                                         boardwalk, building entrances, public circulation fink. Pedestrian
                                         connections shall either be a raised sidewalk, or minimally, composed of a
                                         different material from the parking lot. Pedestrian connections must be at
                                         least 5 feet wide, excluding vehicular overhang.
                                     7.  Wherever walkways abut driving surfaces, a change of grade shall be used
                                         to create a visual separation between the walkway and the driving surface.
                                         At minimum, different paving materials shall be used.
                                    18.  Parking shall be located on the streetside of any building within 200 feet of
                                         the shoreline, or on a separate lot. Outside the shoreline district, if parking
                                         is limited by the project site and cannot be contained on the streetside of
                                         the building, a minimum landscaped buffer of 20 feet adjacent to the
                                         esplanade shall be provided and maintained. Such buffer area shall contain
                                         landscaping including medium-growing trees and site amenities. Such
                                         buffer area shall also provide for direct pedestrian access from the.parking
                                         area to the public esplanade or boardwalk.
                                     9.  Angled street parking, where it conflicts with public transportation needs,
                                         shall be prohibited within the shoreline district.
                                     10. There shall be no parking requirement for the Foss Waterway S-8/10
                                         Shoreline District, and no parking spaces other than currently required by
                                         Chapter 13.06 of the Land Use Regulatory Code may be instafled.
                                         Exceptions for unusually special cases may be granted by the Land Use
                                         Administrator.






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                          Reference to Design Standards

                          Design standards may be referred to in a public access plan as in the following
                          example.


                          EXAMPLE:

                          All required public access improvements shall be constructed and landscaped
                          according to the standards stated in the City's adopted Shoreline Public Access
                          Plan and shall be approved by the City.
                          The City. of Everett's SNIP requires a site development plan showing
                          landscaping and site design be submitted during permit review.


                          Local governments may include requirements as in the following example.


                          EXAMPLE: SHORELINE ACCESS EASEMENTS
                          All shoreline access easement areas shall be landscaped in accordance with the
                          site development plan submitted by the applicant and approved by the City.
                          All accessway pavements shall be asphalt, concrete or unit paving suitable for
                          foot and bicycle traffic. Boardwalks for foot traffic only are preferred for spur
                          paths through envirom''nentally sensitive areas. Property owners and
                          developers are encouraged to integrate accessway paving and design elements
                          into their site improvements.


























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                                  CHAPTER 18
                                  Aquatic Habitats


                                  Introduction

                                  Many valuable aquatic habitats are located within shoreline jurisdiction. This
                                  chapter briefly describes some of the important habitats and an approach local
                                  governments can consider in protecting those habitats. This chapter also
                                  includes model comprehensive plan policies that could be used in conjunction
                                  with the suggested shoreline master program policies and guidelines in this
                                  Handbook. Most of the terms used in this chapter are defined in the glossary
                                  of this Handbook.

                                  Recommended critical salt water habitat and salmon and steelhead policies and
                                  regulations can be found in Chapter 5, Shoreline Use Policies and Regulations.

                                  As used in this chapter, critical salt water habitats are kelp beds (members of
                                  the brown algal family Laminariales including Alaria marginat Alaria nan
                                  Alaria tenuifolia, Egregia menziesii Eisenia arbore Ptefyjzophora californic
                                  Agarum cribosum, Agarum fimbriatu Costaria costat Cymathere idplicat
                                  Hedophyllurn sessile Laminaria spp., Pleurophycus gardneri DiMoneuro is-
                                  reticulat Dictyoneurum califamicurn- Lessioniopsis littoralis Macropysti
                                  intewifoli Nereopystis luetkeana, and Postelsia Ralmaefbrm@is), eelgrass beds
                                  (Zostera spp.), surf smelt MyRomesus Dretiosus spawning beds, Pacific
                                  herring (Clupea harengg5j@allasi) spawning beds, Pacific sand lance
                                  (Ammod3qes hexapterus) spawning beds, rock sole (Lepidopsetta bilineata)
                                  spawning beds, rockflsh (aebastes spp.) settlement and nursery areas, lingcod


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                          (Ophiodon elongatus) settlement and nursery areas, and the beds of the
                          following shellfish: the Pacific oyster Crassostrea gigas), the Olympia oyster
                          (Ostrea lurida), the razor clam Silqua patula), the native little clam
                            rotothaca staminea), the Manila clam (venerupis japonica , the butter clam
                           Saxidomus giganteus), the Geoduck (Panope generosa), the horse clam
                           Schizothaerus nuttalli and Schizotha@@ca @ax), the cockle Clinocardium
                          nuttalli , the macoma (N4Lcoma spp.), and the eastern soft shell clam (M a
                               j                                                                    --y
                          grenaria).
                          Salmon and steelhead habitats include gravel bottomed streams, creeks and
                          rivers used for spawning; streams, creeks, rivers, side channels, ponds, lakes
                          and wetlands used for rearing, feeding and cover and refuge from predators
                          and high water; streams, creeks, rivers, estuaries and shallow areas of salt
                          water bodies used as migration corridors; and salt water bodies used for
                          rearing, feeding and refuge from predators and currents.

                          Kelp Beds, Eelgrass Beds, Herring
                          Spawning Areas, Smelt Spawning
                          Areas and other Critical Salt Water
                          Habitats

                          The Growth Management Act, in Sections 3 6.70A. 060 and 3 6.70A. 170 RCW,
                          requires local governments to designate and protect critical areas. This
                          requirement applies both to local governments planning under the Growth
                          Management Act and all other local governments. The Minimum Guidelines to
                          Classify Agriculture, Forest, Mineral Lands, and Critical Areas (WAC
                          365.190.080(5)(a)(4)) designate kelp beds, eelgrass beds, herring spawning
                          areas and smelt spawning areas as critical areas. The minimum guidelines also
                          designate commercial and recreational shellfish areas as critical areas. So local
                          governments should consider identif g and protecting these areas.

                          The Department of Fisheries has identified the four critical areas fisted above
                          and the habitats of several other salt water fish as saltwater habitats of special
                          concern. These additional habitats include Pacific sand lance spawning beds,
                          rock sole spawning beds, rockfish settlement and nursery areas and fingcod
                          settlement and nursery areas. Juvenile salmonid habitats are also identified by
                          the Department of Fisheries as saltwater habitats of special concern. Because
                          of the overlap between the critical areas species and the other saltwater
                          habitats of special concern, this chapter addresses all of the species.





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                                    All of these areas are important salt water habitats that support valuable
                                    species. Kelp and eelgrass beds provide habitat for plants, fish, shellfish, sea
                                    birds and sea mammals. Herring spawn in and on kelp beds, eelgrass, beds and
                                    other types of marine vegetation. Herring and surf smelt support a limited
                                    commercial fishery and are an important food fish for salmon, marine fish, sea
                                    birds and marine mammals. Surf smelt are also the basis for a recreational
                                    fishery. The Pacific sand lance is eaten by many fish species which are the
                                    basis for commercial and recreational fisheries, such as lingcod. Lingcod, rock
                                    sole and rockfish support commercial and recreational fisheries. Shellfish also
                                    support commercial and recreational fisheries.

                                    These important and sensitive habitats are threatened by a variety of activities.
                                    Bulkheading can cover spawning beaches. Bulkheads can also lead to the
                                    erosion of spawning beaches. Bulkheads can reduce the erosion of material
                                    from feeder bluffs which builds up beaches. Currents and tides remove
                                    material from beaches. Unless this material is replaced, the beach may erode
                                    and the types of material on the beach may change. These changes may make
                                    a beach unsuited to spawning. Bulkheads also intensify wave action on the
                                    beach, leading to changes in beach material and erosion. Landfills can cover
                                    spawning beaches, algae and marine vegetation. Dredging can remove algae
                                    and marine vegetation and deepen the bottom to depths below which they can
                                    grow. In-water structures can shade algae and marine vegetation, killing them.
                                    Silt from dredging construction runoff, logging runoff and road building can
                                    hinder the growth of algae and marine plants or kill them by reducing the
                                    sunlight available to them. Silt and other fine materials can smother kelp and
                                    eelgrass beds. Nutrient enrichment can increase free-floating algae, reducing
                                    sunlight available to eelgrass and other marine plants. The introduction of non-
                                    native species, such as Spartina, can also displace valuable marine plants.
                                    Stormwater runoff, improperly functioning on-site sewage systems and point
                                    source discharges can pollute shellfish beds, rendering the shellfish unsafe for
                                    human consumption. Sources of pollution, even if located far upstream, can
                                    adversely affect shellfish beds.

                                    It is important to note that most salt water areas have significant habitat value.
                                    For example, mud flats are important sources of food for aquatic life. Salt
                                    water ecosystems are not well understood. As research progresses, more
                                    critical habitats may be discovered. Those salt water habitats which are not
                                    classified as critical are also important and should be managed to ensure their
                                    continued productivity.











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                          Salmon and Steelhead Habitats

                          Salmon and steelhead are two of the enduring symbols of the Northwest.
                          Salmon and steelhead are also important economic and recreational resources.

                          During their life cycle, salmon and steelhead use many of the state's shorelines.
                          Salmon and steelhead spawn in gravel-bottomed streams and rivers. In the late
                          summer or fall, the female salmon digs a redd in which she deposits her eggs.
                          Steelhead spawn in the winter and spring, also depositing the eggs in a r    'edd.
                          The male salmon and steelhead fertilize the eggs as they are deposited. The
                          female salmon and steelhead cover the eggs with gravel.

                          If the eggs are to survive, the redd cannot be covered with silt, disturbed, or-
                          dewatered. While salmon and steelhead evolved to tolerate some natural
                          stream instability, human activities exceed these limits. Development, road
                          building and cultivation can increase siltation. Increased silt in rivers and
                          streams can cover redds, reducing the flow of oxygenated water to the eggs,
                          suffocating them. Human activities can also increase runoff peaks by
                          constructing impervious surfaces,, channelizing streams, armoring river and
                          streambanks and removing forest cover. Increased runoff peaks can wash out
                          redds or result in higher waters levels. This causes fish to spawn on higher
                          portions of the streambed which then dry out when the storm subsides.

                          The eggs hatch and the young salmon and steelhead emerge from the gravel in
                          the winter and spring. Depending on the species, the young spend varying
                          amounts of time in the stream. The salmon and steelhead depend on the
                          stream for food and protection. Strearnside vegetation provides cover from
                          predators and insects which the fish eat. Water temperatures are also
                          important to the survival of salmon and steelhead. Streamside vegetation,
                          especially trees, moderate water temperatures. Removal of strearnside
                          vegetation can reduce salmon and steelhead survival. Some species also
                          depend on side channels, wetlands and ponds connected to rivers and streams.
                          These species seek refuge in these areas during high-water events.

                          The salmon and steelhead then migrate down the streams and rivers. During
                          their journey, they need pools in which to hide and rest.

                          When the young salmon and steelhead reach salt water, they must adjust to
                          changes in salinity. They must also continue to feed. Salmon and steelhead
                          use shallow salt water areas as migration corridors, rearing areas and feeding
                          areas.










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                                    Shallow areas have an important role in both saltwater and freshwater.
                                    Shallows protect juvenile salmon and steelhead from predators. Shallows are
                                    also productive areas for marine plants and algae. These shallow water
                                    habitats can be lost through bulkheading and landfilling. Bulkheading also
                                    contributes to the loss of shallow water habitat through erosion. Waves and
                                    currents move material from beaches and shallows into deep water. By
                                    reducing the erosion of shorelines which feed beaches and shallows, bulkheads
                                    contribute changes in the beach material and the erosion of beaches and
                                    shallows. Bulkheads can also lead to beach erosion by intensifying wave action
                                    on,beaches in front of the bulkhead.

                                    The salmon and steelhead migrate out to sea and five in the open ocean for two
                                    to five years. They then complete the cycle by returning to spawn in the rivers
                                    and streams in which they were hatched.

                                    Because of the wide range of habitats used by salmon and steelhead,
                                    comprehensive policies are necessary to ensure their continued viability.
                                    Chapter 5 contains policies and regulations local governments should consider
                                    including in their shoreline master programs to protect salmon and steelhead.
                                    The shoreline master program is the appropriate mechanism to protect these
                                    species because it protects aquatic areas and their immediate uplands.


                                    Recommended Approach

                                    Because critical salt water habitats are located within salt water areas, the local
                                    government's most appropriate regulatory mechanism is the shoreline master
                                    program. The local comprehensive plan could include a policy which
                                    references the local shoreline master program. The substantive policies and
                                    regulations would then be included in the master program., The local
                                    government should also adopt the master program policies and regulations by
                                    reference in the critical areas regulations. Alternatively, these recommended
                                    policies and regulations could also be included in comprehensive plans and
                                    critical areas ordinances. For salmon, steelhe a*d and shellfish, a basin wide
                                    approach will be needed to protect the water quality on which the shellfish rely.
                                    This will require the use of other land use controls in addition to the shoreline
                                    master program.

                                    Local governments may only have some of the critical salt water habitats and
                                    salmon and steelhead habitats recommended for protection. So local
                                    governments should edit the definitions and suggested policies and regulations
                                    to exclude those protected resources not found within their jurisdiction.







                                    Chapter 18 - Aquatic Habitats                                                 H480









                            SMY Handbook - 1994 Edition



                            The Department of Fisheries has concluded that methods do not currently exist
                            to successfully develop in-kind replacement mitigation for surf spawning areas
                            and marine vegetation. This means that developments which modify or destroy
                            these habitats permanently decrea   se the supply of certain fish. These fish
                            species are important to other marine fish and wildlife, commercial fishers and
                            recreational fishers. Consequently, these recommendations focus on directing
                            development away from these areas.

                            Local governments should consider a two-part approach to identifying critical
                            salt water habitats. First, the local governments should obtain the best .
                            available inventory information and map it. Second, where developments
                            would impact marine waters which may support critical salt water habitats and
                            the project has the potential to impact resources, the proponent should conduct
                            a reconnaissance study to determine if any critical salt water habitats are
                            present.

                            By mapping this information, the local government gives applicants notice that
                            the resource may be present at a specific site. This reduces applicant costs and
                            allows applicants to identify development constraints early in the development
                            process. This makes it more likely that negative impacts can be avoided.

                            Comprehensive data identifying critical salt water habitats and salmon and
                            steelhead habitats are not available for most jurisdictions. This means that
                            even if the available data do not show that a critical habitat is present, the
                            habitat may be present if the site is biologically suitable. Where a use or
                            activity is proposed which may negatively impact critical habitat, the proponent
                            should contact resource agencies to see if additional data are available. The
                            Department of Fisheries Habitat Management Division is preparing a database
                            identifying the location of various salt water habitats. The Department of
                            Natural Resources is also developing an geographic information system (GIS)
                            containing data on salt water habitats. Some projects will require a Hydraulics
                            Project Approval (HPA) from the Department of Fisheries Habitat
                            Management Division. A consultation can sometimes take place as part of the
                            EPA application process. Information on the location of salmon and steelhead
                            habitats may be available from affected Indian tribes as well.

                            If the prop osal has a significant potential to adversely affect critical salt water
                            habitats or salmon and steelhead habitats, the local government should require
                            the applicant to conduct a reconnaissance study to determine whether the
                            habitat is actually present. The study should be designed in consultation with
                            the local government, affected state and federal resource agencies and affected
                            Indian tribes. Recommended shoreline master program Policy #4 (page H-
                            483) should describe the typical location of critical saltwater habitats.






                            Chapter 18 - Aquatic Habitats                                                    H481









                                  SNT Handbook - 1994 Edition



                                  Some seagrasses are annuals and die back in the winter. So reconnaissance
                                  studies should take place during the growing season (June through
                                  September). In addition, the distribution of eelgrass may change within a given
                                  area. Eelgrass may grow in an area, die back, and then regrow. The absence
                                  of eelgrass at any -one time cannot be taken as determinative that a critical salt
                                  water habitat does not occur in that area.

                                  Mapping the resources requires a substantial up-front investment by the local
                                  governments. If the local government does not have the resources to map
                                  critical salt water habitats, it can still use the second and third steps to protect
                                  the habitats.

                                  A similar approach is recommended for salmon and steelhead habitats. First,
                                  the local governments should obtain the best available inventory information
                                  and map it. Second, where developments could impact salmon and steelhead
                                  habitats, the project proponent should contact resource agency staff to
                                  determine if more recent information is available.

                                  The habitat maps may be included in the shoreline master program, a critical
                                  areas map series, or comprehensive plan documents. If the areas are not
                                  mapped as part of the shoreline master program, the location of the maps
                                  should be indicated in the master program. Some local governments may wish
                                  to map these areas generally in the comprehensive plan or critical areas map
                                  series and more specifically in the shoreline master program. The habitats can
                                  be mapped on paper maps, mylars, overlays or computerized GIS systems.'
                                  The maps should be reproducible.

                                  After mapping or otherwise identifying critical salt water and salmon/steelhead
                                  habitats, local governments should review the nearby upland shoreline
                                  designations to ensure they are compatible with the in-water resources. As
                                  noted in the introduction, upland uses can significantly affect salt water and
                                  salmon/steelhead habitats and salmon and steelhead habitats. Upland shoreline
                                  designations and master program provisions which are consistent with
                                  protecting these resources are important. In addition, local governments can
                                  help manage cumulative impacts on salt water and salmon/steelhead habitats by
                                  evaluating the uses and activities allowed in shoreline areas which may affect
                                  critical salt water habitats. Local governments can then take steps to avoid the
                                  potential negative impacts.












                                  Chapter 18 - Aquatic Habitats                                               H482









                            SP" Handbook - 1994 Edition


                            Recommended Comprehensive Plan
                            Policies

                            I .Critical saltwater habitats provide critical rearing and nursery areas for
                               valuable recreational and commercial species. They also provide habitat
                               for many marine plants, fish and animals. These habitats should be
                               protected because of their importance to the marine ecosystem and our
                               economic well-being.

                            2. Salmon and steelhead habitats support valuable recreational and
                               commercial fisheries. These habitats should be protected because of their
                               importance to the aquatic ecosystem and our economic well-being.

                            3. Critical saltwater habitats and salmon and steelhead habitats are managed
                               as provided for in the shoreline master program.

                            4. Critical saltwater habitats and salmon and steelhead habitats are mapped in
                                                               (Omit this policy if the local government
                               decides not to map the habitat types.)


                            Additional Information

                            Alice Lee or Peter Skowlund, Management Section, Shorelands and Coastal
                            Zone Management Program, Department of Ecology, P. 0. Box 47690,
                            Olympia, Washington 98504-7690. Alice Lee's telephone number is (206)
                            407-6524, SCAN 407-6524. Peter Skowlund's telephone number is (206)
                            407-6522, SCAN 407-6522.

                            Department of Community Development, Planning Data Source Bookfor
                            Resource Lands and Critical Areas, pages 141-50 (1991). Stateof
                            Washington Department of Community Development, Growth Management
                            Division, Ninth & Columbia Building, P. 0. Box 48300, Olympia, Washington
                            98504-8300. Telephone (206) 753-4317. Telephone (206) 753-4317.

                            Washington State Department of Fisheries, Habitat Management Division,
                            P.O. Box 3155, Olympia, Washington 98504-3155. Telephone (206) 902-
                            2534, SCAN 902-2534. Note: These numbers may change when the
                            Departments of Fisheries and Wildlife merge, effective July 1994.

                            Washington State Department of Wildlife, Habitat Division, 600 Capital Way
                            North, Olympia, Washington 98501-1091. Telephone (206) 753-3318, SCAN
                            234-3318.





                            Chapter 18 - Aquatic Habitats                                                  H483








                                SNY Handbook - 1994 Edition



                                Tom Mumford, Department of Natural Resources, Division of Aquatic Lands,
                                P. 0. Box 47027-7024, Olympia, Washington 98504. Telephone (206) 902-
                                1079.

                                Puget Sound Water Quality Authority, Puget Sound Environmental Atlas,
                                (1987 and 1992). Available from most Puget Sound Area libraries and county
                                and regional planning departments.

                                Washington Coastal (Floating) Kelp Resources: Port Townsend to
                                Destruction Island is available from Therese Swanson, Shorelands and Coastal
                                Zone Management Program, Department of Ecology, P. 0. Box 47690,
                                Olympia, Washington 98504-7690. Telephone number (206) 407-6789, SCAN
                                407-6789.

                                Washington State Department of Health, Environmental Health Programs,
                                Office of Shellfish Programs, P. 0. Box 47824, Olympia, Washington 98504-
                                7824. Telephone (206) 753-5992. For information on the location of
                                commercial shellfish beds.

                                Shellfish Protection Team, Planning Section, Shorelands and Coastal Zone
                                Management Program, Department of Ecology, P. 0. Box 47690, Olympia,
                                Washington 98504-7690. Telephone number for Jay Shepard is (206) 407-
                                7283, SCAN 407-7283. Technical assistance on shellfish protection.






























                                Chapter 18 - Aquatic Habitats                                       H-484









                               SMW Handbook - 1994 Edition















                               CHAPTER 19
                               Technical References


                               Chapter 3: SMP Amendment
                               Process


                               1. Fisher, Roger, William Ury and William Patton. 199 1. Getting to Yes:
                                   Negotiating Agreement Without Giving In. Penguin Books.

                               Chapter 5: General Policies and
                               Regulations

                               Clearing and Grading

                               1. Washington State Department of Ecology, Shorelands and Coastal Zone
                                   Management Program. July 1985. Shoreline Bluff and Slope Stability:
                                   Technical Management Options. By Douglas Canning. Shorelands
                                   Technical Assistance Paper #2.







                               Chapter 19 - Technical References                                    H485









                         SNT Handbook - 1994 Edition



                             (Aimed at local government officials, this paper contains sections on "Slope
                             Failure: Its Nature and Causes" and "Management Options" which
                             discusses the use of clearing and grading codes and bluff setbacks as means
                             of minimizing erosion.)

                         Environmental Impacts

                         1. Rau, John, and David Wooten, eds. 1980. Environmental Impact
                             Analysis Handbook. McGraw-I-lill.

                             (Includes methods of analysis for air, noise, energy, water quality,
                             vegetation and wildlife impacts.)

                         Environmentally Sensitive Areas

                         1. Gray, Donald H. and Andrew T. Leiser. 1982. Biotechnical Slope
                             Protection andErosion Control. Van Nostrand Reinhold Company.

                             (copy at Washington State Library.)

                         2.  Canter, Larry and Loren IFE11. 1979. Handbook of Yariablesfor
                             Environmental Impact Assessment. Ann Arbor Science.

                             (A comprehensive listing of variables pertaining to environmental review in
                             water resources planning.)

                         3.  Conservation Foundation. 1980. Coastal Environmental Management:
                             Guidefinesfor Conservation ofResources and Protection Against Storm
                             Hazards. Washington, D.C.: U.S. Government Printing Office.

                         4.  Washington State Department of Wildlife. 1987. Yhepathbetween
                             habitat and development -a pamphlet onfish, wildlife and environmental
                             laws.

                             (Descriptions of different types of habitat, summary of state and federal
                             laws which protect habitat, description of different types of projects and
                             what the permits, conditions are.)

                         5.  Washington State Departments of Wildlife and Fisheries. So you want to
                             work in the water. SIHL. Pamphlet.

                             (Describes hydraulics approval process.)

                         6. Washington State Department of Ecology. 1985. Forest Riparian Habitat
                             Study Phase I Report. Ecology Publication #85-3. HQL.


                         Chapter 19 - Technical References                                     H486









                                   SNT Handbook - 1994 Edition



                                   7. Washington State Department of Ecology. July 1985. Shoreline Bluff and
                                      Slope Stability: Technical Management Options. By Douglas Canning.
                                      Shorelands Technical Assistance Paper #2. SBL.

                                   8. Washington State Department of Ecology. December, 198 1. Streambed
                                      Assessments, Habitat Evaluations, Beneficial Use sand Recommendation
                                      Towards Enhancement of Stream Ecosystems Within the City of Kent. By
                                      Bruce M. Bortz with Kent Planning Department.

                                      (Identifies sensitive areas, gives methodology for assessment procedure.)

                                   9. Phipps, James B., et. al. 1978. Pacific Ocean beach erosion and accretion
                                      report. Aberdeen, WA.: Grays Harbor College. (HQL)

                                      (Discusses erosion control, accretion.)

                                   10. Washington State Department of Ecology, Shorelands and Coastal Zone
                                      Management Program. 1989. Proposed Shoreline Master Program
                                      WetlandProvisions. (SBL).

                                   11. Puget Sound Water Quality Authority. June, 1986. Issue Paper: Habitat
                                      and Wetlands Protection. (SBL)

                                   12. Washington State Department of Ecology, Shorelands and Coastal Zone
                                      Management Program. July, 1985. Shoreline Bluff and Slope Stability:
                                      Technical Management Options. By Douglas Canning. Shorelands
                                      Technical Assistance Paper #2.

                                      (Aimed at local government officials, this paper contains sections on "Slope
                                      Failure: Its Nature and Causes" and "Management Options" which
                                      discusses the use of clearing and grading codes and bluff setbacks as means
                                      of minimizing erosion.)

                                   13. American Society of Planning Officials (now American Planning
                                      Association). 1975. Performance Controlsfor Sensitive Lands. By
                                      William Toner and Duncan Erley.

                                   14. U.S. National Oceanic and Atmospheric Administration, Office of Coastal
                                      Zone Management. July, 1975. Aesthetic Resources of the Coastal Zone.
                                      By Roy Mann Associates.

                                   15. U.S. National Oceanic and Atmospheric Administration, Office of Coastal
                                      Zone Management. November, 1976. Natural HazardManagement in
                                      Coastal Areas. By Gilbert E. White et. al. Boulder, Colorado.






                                   Chapter 19 - Technical References                                        H487









                           SNT Handbook - 1994 Edition



                               (Describes application of the Coastal Zone Management Act to natural
                               hazards to minimize losses in the coastal zone. Hazards discussed,
                               delineated and analyzed in light of public policy include hurricane, flood,
                               coastal erosion, landslide, earthquake, tsunami, volcano, avalanche and
                               land subsidence. Problems are discussed by states also. Problems and
                               recommendations are presented.)

                           16. U.S. Army Corps of Engineers. May, 1988. Wetlands Development and
                               Restoration. Huntsville Division Control No. 276.

                               (Contains sections "Shore Erosion Control with Salt Marsh Vegetation"
                               and "Plant Tolerance to Flooding" among others)

                           17. King County Planning Division. 1981. WetlandPlants ofKing County
                               and the Puget Sound Lowlands. Seattle,WA. (SHL).

                           18. Washington State Department of Community Development's Planning
                               Data Source Bookfor Resource Lands and Critical Areas. March 19,
                               1991 (DCD)

                           19. An interagency cooperative publication by: U.S. Army Corps of
                               Engineers, U.S. Fish and Wildlife Service, U.S. Environmental Protection
                               Agency, and U. S.D. A. Soil and Conservation Service. January 10, 1993.
                               Federal Manualfor Identifying and Delineating Jurisdictional Wetlands.

                           20. Puget Sound Water Quality Authority. February, 1987. Puget Sound
                               Environmental Atlas. L-866 Vol. I & 2 C.10.


                           Public Access


                           1. Washington State Department of Ecology. April, 1982. Aesthetics and
                               ViewProtection. In Adjacent Lands Guidance,43-50.

                           2.  California Coastal Commission. 1982. Designing Accessways.

                               (Coastal access standards element of the California Recreation Plan.)

                           3.  U.S. National Oceanic and Atmospheric Administration, Office of Coastal
                               Zone Management. January, 1976. Coastal Recreation: A Handbookfor
                               Planners andManagers. By Robert B. Ditton and Mark Stephens.
                               Washington, D.C.

                               (Provides a basic understanding of recreation supply and demand, impacts
                               and management considerations. Recommendations are made for
                               integrating a recreation element into a long-term coastal zone management
                               program. The report describes a user-resource recreation planning


                           Chapter 19 - Technical References                                             H488









                                  SW Handbook - 1994 Edition



                                     approach as well as some basic recreation planning assumptions and
                                     available management tools. Also discussed are: (1) coordination with
                                     other governmental agencies having recreation responsibilities; (2) public
                                     access; (3) the role of the recreation sector; and (4) classification" of coastal
                                     recreation activities, a bibliography and selected recreation contacts.

                                  4. U.S. National Oceanic and Atmospheric Administration, Office of Coastal
                                     Zone Management. November, 1978. Shoreftont Access andIsland
                                     Preservation Study. Ed. Richard S. Weinstein. Washington, D.C.

                                     (Project director, David Brower. An historical and legal overview of these
                                     topics. A model shorefront access planning process is proposed and the
                                     variety of tools and techniques states may use to acquire access is
                                     described.)

                                  5. University of California and Southern California Programs. 1980.
                                     Recreational Access to the Coastal Zone: Proceedings of a Forum.

                                  6. Washington State Department of Ecology. 1983. Public Access to
                                     Washington's Shorelines Since Passage of the Shoreline Management Act:
                                     An Evaluation. By James W. Scott.

                                  7. Washington State Department of Ecology, Shorelands and Coastal Zone
                                     Management Program. February, 1990. Shoreline Public Access
                                     Handbook. Ecology Publication #90-6. (SBL)

                                  8. Washington State Department of Ecology. September 20, 1990. Case
                                     Studies of, Conditional Public Access in Puget Sound. Ecology Publication
                                     #91-4.


                                  Signage

                                  1. City of Olympia Ordinances. Charter 18.56: SIGNS. (SBL)

                                  2. Washington State Department of Ecology. March, 1989. Shoreline Public
                                     Access Handbook. By Jim Scott.

                                  3. Washington State Department of Ecology. April 19, 1985. Shoreline
                                     Public Access Sign Manual.

                                  Vegetation Management

                                  1. American Fisheries Society. 1988. A training in stream rehabilitation.
                                     Candy, OR. (WQL)



                                  Chapter 19 - Technical References                                         H489









                        SMT Handbook - 1994 Edition



                        2. METRO. 1989. About Aquatic Plants. Pamphlet. (SEEL)

                        3. An evaluation of bottom barriersfor control of Eurasian mi6foil. (WQL
                           H796)

                        4. Illinois State Department of Conservation. 1988. Aquatic weeds - the
                           identification and methods of control. Fishery Bulletin No. 4.
                           Springfield, IL. (WQL)

                        5. Gray, Donald H. and Andrew T. Leiser. 1982. Biotechnical Slope
                           Protection andErosion Control. Van Nostrand Reinhold Company.

                           (Copy at Washington State Library.)

                        6. Kent Planning Department. 198 1. Streambed assessments, habitat
                           evaluations, beneficial uses and recommendations towards enhancement
                           of stream ecosystems within the City ofKent. By B.M. Bortz. Kent, WA.
                           (WQL)

                        7. U.S. Department of Agriculture. 1985. Management ofwildlifie andfish
                           habitats inforest ofwestern Oregon and western Washington. By E.P.
                           Brown. Portland, OR. (WQL)

                           Recommended by Wildlife - they use it. It is also computerized and can be
                           accessed through the Wildlife Non-game Program.

                        8. Washington State Department of Ecology. 1987. An evaluation of a
                           floating mechanical rototillerfor Eurasian water mi@fbil control.
                           Olympia, WA. (SBIL)

                        9. Jewett, Nora. October, 1988. Controlling the Wiley Milfbil: Notes to
                           Shoreline Administrators. Coastal Currents. (SHL)

                        10. Washington State Department of Wildlife, Habitat Management Division.
                           1980. Suggestionsfor StreambankRevegetation in Western Washington.
                           By Thomas Juelson. (SHL)

                        11. Washington State Department of Ecology and National Oceanic and
                           Atmospheric Administration. 1982. Baseline inventory of rare,
                           threatened and endangeredplant species communities along Washington's
                           Pacific coast. By Linda K Kunze et. al. Olympia, WA. (HQL).

                        12. Oregon Coastal Zone Management Association. May, 1979. Oregon's
                           Coastal Beaches and Dunes: Impacts, Uses andManagement
                           considerations. By Carl Lindberg and Christianna Crook.





                        Chapter 19 - Technical References                                   H490









                                 SNT Handbook - 1994 Edition



                                 13. Oregon-Washington Interagency Wildlife Commission. 1979.
                                    Management of Riparian Ecosystems (zones) for Fish and Wildlife in
                                    Eastern Oregon and Eastern Washington. (WQL).

                                 14. Washington State Department of Ecoloyg. Miffibil. Pamphlet (SEL).

                                 15. Washington Water Research Center. 1983. Refinement of control and
                                    management methodologyfor Eurasian water miffibil in the Pend Oreille
                                    River. Pullman, WA. (WQL).

                                 16. U.S. Army Corps of Engineers. 1988. Aquaticplant identification and
                                    herbicide use guide. By H.E. Westerdahl. Technical Report A-88-9.
                                    Washington, D.C. (WQL).

                                 17. Washington State Department of Game. 1980. Suggestionsfor
                                    StreambankRevegetation in Western Washington. By T.C. Juelson.

                                    (Revegetation suggestions are provided to. improve riparian habitat quality
                                    and reduce erosion. Includes list of native plants.)

                                 18. Puget Sound Water Quality Authority. September, 1989. Important
                                    Features of Riparian Vegetation and Riparian Management Zones. In
                                    Protecting Fish and Wildlife Habitat in Puget Sound

                                    (Draft paper.)

                                 19. What We Know About Large Trees that Fall into Streams and Rivers. In
                                    From the Forest to the Sea: A Story ofFallen Trees, By C. Maser, et. al.
                                    Pacific Northwest Research.


                                 View Protection

                                 See Public Access


                                 Water Quality

                                 1. Environmental Toxicology International. 1989. Bibliography on
                                    Environmental Effects of Urban Runoff. (WQP)

                                    (Library call # G-2076).









                                 Chapter 19 - Technical References                                   H491









                        SMT Handbook - 1994 Edition



                        2. U.S. Environmental Protection Agency. 1980. Characteristics of
                            Nonpoint Source Urban Runoff and its Effects on Stream Ecosystems. By
                            Donald B. Porcella. Corvalis, OR.

                            (Library call # EPA 600/3 80-032)

                        3.  U.S. Environmental Protection Agency, Office of Water. 1987. . Guide to
                            Nonpoint Source Pollution Control. Washington D.C.

                            A guide to the techniques now available for controlling nonpoint pollution.
                            It offers a discussion of best management practices to reduce nonpoint
                            source pollution for activities related to agriculture, construction, urban
                            runoff, silviculture and mining.)

                        4. Puget Sound SensitiveArea Study: FinalReport. A208 Planning Study
                            conducted by the Wash. State Department of Ecology. April 1981 - Dec.
                            1983.

                        5.  Puget Sound Stormwater Management. July, 1989. Erosion and
                            Sedimentation Control. Section 1, Draft #2. DOE.

                            (One of four technical manuals being prepared by DOE for use by local
                            jurisdictions in stormwater planning, other draft. (SHL) Draft

                        6.  Puget Sound Water Quality Authority. October 19, 1988. Puget Sound
                            Water Quality Authority Management Plan.

                            (See "Stormwater and Combined Sewer Overflows" section, pp. 126-141.)

                        7.  U. S. Environemental Protection Agency, Water Planning Division. 1983.
                            Results o the Nationwide Urban RunoffProgram. Vol. I of Final report.
                                    )f
                            Washington, D.C.

                            (Library. call 4 G-1020, location WQP)

                        8.  Hamann, Richard. 1987. Selected, Annotated Bibliography - Coast
                            Resource Management. Gainesville, Florida. Sea Grant.

                            (call # L-878, location SHL)

                        9.  Washington State Department of Ecology, METRO, et. al. December,
                            1988. Biofiltration Systemsfor Storm Runoff Water Quality Control. By
                            Richard R. Homer.

                            (Report presents results of a comprehensive investigation of these status of
                            biofiltration for storrawater quality control.)




                        Chapter 19 - Technical References                                     H492









                                SW Handbook - 1994 Edition



                                10. Washington State Department of Ecology, Shorelands and Coastal Zone
                                    Management Program. 1988. Urban Runoff Water Quality: Effects and
                                    Management Options. By Douglas Canning. Shorelands Technical
                                    Assistance Paper #4.

                                    (Aimed at local administrators, this report addresses three alternatives for
                                    storm runoff water quality management in Washington state: detention and
                                    retention basins; grassed swales; and wetlands.)

                                11. Runoff and Stream-channel Changes Following Urbanization in King
                                    County, Engineering Geology in Washington, Vol II. Washington Division
                                    of Geology, Earth Resources Bulletin 78: p. 639-650.

                                12. Urban Land Institute. 1982. Water Resources Protection: A Handbook
                                    ofMeasures to Protect Water Resources in Land Development. By J.
                                    Toby Tourbier and Richard Westmacott.

                                13.1988. Understanding andApplying Stormwater Management Techniques,
                                    Madison, WI.: University of Wisconsin.

                                    (Library. call # G- 107 1, location WQP)

                                14. American Water Works Association. 1985. UrbanRunoff. Pollution
                                    Sources, Control and Treatment. In Nonpoint Source Pollution Reprints.
                                    By R. Field. Bethesda, MD.

                                    (G-992, location SW)

                                15. Washington State Department of Ecology. July, 1986. Viability of
                                    Freshwater Wetlandsfor Urban Surface Water Management and Nonpoint
                                    Pollution Control. An Annotated Bibliography.

                                16. Washington State Department of Ecology, Water Quality Management
                                    Division. 1983. Washington State Stormwater Management Plan. By
                                    Glenn Grace. Ecology Publication #83-3.

                                17. Prepared for U.S. Department of Agriculture, A Soil Conservation Service.
                                    1982. Sediment transport, water quality and changing bed conditions.
                                    Tucannon River, Washington. Spokane, WA. (WQL)

                                18. Mullikin, E.B. 1984. An Ounce ofProtection - A groundwater protection
                                    handbookfor local officials. Ground Water Coordinating Committee,
                                    Vermont. (WQL).

                                    Ground water protection techniques.





                                Chapter 19 - Technical References                                    H493









                        SW Handbook - 1994 Edition



                        19.METR0. 1978. Local optionsfor surface water management and stream
                            preservation. Technical appendix no. 6. (WQL)

                            Water quality problems, technical solutions to runoff and stream problems,
                            management programs.

                        20. U.S. Army Corps of Engineers. June, 1976. A Perspective on Floodplain
                            Regulationsfor Floodplain Management. By John Kusler.

                            (Emphasis on nonstructural measures such as development controls for
                            floodplain management.)

                        2 1. U.S. Department of Housing and Urban Development. March, 198 1.
                            Evaluation of the Economic, Social and Environmental Effects of
                            Floodplain Regulations.

                            (Examines structural, nonstructural and "do-nothing" alternatives.)

                        22. Jones.and Stokes Associates. Aug. 1, 1984. Nonpoint Source Pollution
                            Management. Alternatives Assessmentfor Burley andMinter Watersheds,
                            Pierce andKitsap Counties, Washington.

                            (See sections on "Erosion and Sedimentation" and "Stonnwater" pp. 73-
                            88.)

                        23. Mar, Brian W. 1983. Major Elements of StormwaterManagementfor
                            Water Quality Control. Environmental Engineers and Science, Civil
                            Engineer. Univiversity of Washington.

                        24. U.S. Environmental Protection Agency. 1986. Methodologyfor Analysis
                            ofDetention Basinsfor Control of Urban Runoff Quality. By Eugene D.
                            Driscoll, et. -al. Washington, D.C.

                            (call # EPA 440/5 87-001, location WS)

                        25. Daily, L.K. 1983. Opera  'tion ofDetention Facilitiesfor Urban
                            Stormwater Quality Enhancement. Water Resources Series Technical
                            Report 79. University of Washington, Department of Engineering. Seattle,
                            WA.

                        26. De Groot, William, ed. 1982. Proceedings of the Conference on
                            Stormwater Detention Facilities: Planning, Design, Operation and
                            Maintenance. New York, NY.: American Society of Civil Engineers.

                            (call # C-991, location WS)






                        Chapter 19.- Technical References                                      H494









                               SNT Handbook - 1994 Edition



                               27. American'Water Resources Association. 1988. Proceedings of the
                                   Symposium on Nonpoint Pollution, 1988 - Policy, Economy, Management
                                   andAppropriate Technology. By Vladimir Novotny.

                                   (Call # G-2060, location WQP)

                               28. I(ing County Department of Public Works. May, 1979. Storm Drainage
                                   Control - Requirements and Guidelines. Seattle, WA.

                                   (Call# G- 1209. Location HWL)

                               29. American Society. 1985. Stormwater Detention Outlet Control
                                   Structures. New York, NY.

                                   (Ecology Library, call # C-990, location WS)

                               30. Whipple, W. 1983. Stornnvater Management in Urbanizing Areas.
                                   Englewood Cliffs, NJ.: Prentice-Hall

                                   (This book is a blending of basic engineering design criteria with planning,
                                   administrative and environmental considerations.)

                               3 1. Snohomish County Metropolitan Municipal Corporation/King County 208,
                                   Areawide Waste Management Planning Study. 1977. Stormwater
                                   Management Procedures andMethods: A Manual ofBest Management
                                   Practices. ByUR.S. Consultants.

                               32. Washington State Department of Ecology. Design Criteriafor Gravity
                                   Oil/Water Separators. Ecology Publication #82- 1.

                               33. Washington State Department of Ecology. February1992. Stormwater
                                   Management Manualfor the Puget Sound Basin. Ecology Publication
                                   #91-75.

                               3 4. Washington State Surface Mining Reclamation Act. Chapter 78.44 RCW,
                                   Surface Mining.
















                               Chapter 19 - Technical References                                   H495









                        SW Handbook - 1994 Edition


                        Chapter 6: Environm                       ent
                        Designation

                        Policies and Regulations


                        Introduction


                        1. Canter, Larry and Loren 11ill. 1979. Handbook of Variablesfor
                           Environmental Impact Assessment. Ann Arbor Science.

                           (A comprehensive listing of variables pertaining to environmental review in
                           water resources planning.)

                        2. Toner, William and Duncan Erley. 1975. Performance Controlsfor
                           Sensitive Lands. American Society of Planning Officials (now American
                           Planning Association).

                        Chapter 7: Shoreline Use Policies
                        and Regulations


                        Introduction


                        1. Clark, Delores, Hugh Converse, Orville T. Magoon, Dallas Miner and L.
                           Thomas Tobin, eds. July 11-13, 1989. Proceedings of the Sixth
                           Symposium on Coastal and Ocean Management. Charleston, SC.

                        Agriculture

                        1. Washington State Department of Ecology. March, 1979. Dairy Waste
                           Water Quality Management Plan. Ecology Publication #95-217. Section
                           208.


                        2. Washington State Department of Ecology. Water Quality Guide:
                           Recommended Pollution Control Practicesfor Homeowners and Small
                           Farm Operations. Rev. by Joy P. Michaud. Technical Assistance paper
                           #87-30.



                        Chapter 19 - Technical References                                   H-496









                                SM? Handbook - 1994 Edition



                                3. Washington State Department of Wildlife. 1985. Irrigation andFish.
                                   Olympia, WA. (SBL)

                                   Defines problems related to the limited water resource that is vital to both
                                   agricultural and fish production. EPA, Fish habitat, Irrigation, Screen of
                                   Diversions.

                                4. Hallbert, G.R. 1,986. From hoes to herbicides: agriculture and
                                   groundwater quality. Journal of Soil and Water Conservation.
                                   November - December.

                                5. McKamey, B. 1987. The institutional obstacles to control of surface water
                                   pollution from agricultural nonpoint sources in western Washington.
                                   Master's Thesis, Olympia, WA.: The Evergreen State College. (WQL)

                                6. Snohomish County N  ETRO and King County METRO. September, 1977.
                                   Farm Water Quality Management Manual. By URS Consultants.

                                Aquaculture

                                I .Island County Planning Department. June, 198 1. Island County Regional
                                   Aquaculture Study. By Fisheries Production and Systems Planning and
                                   Dick Tracy Associates.

                                2. Washington State Department of Fisheries. 1983. Aquaculture in Puget
                                   Sound, Its Potential and Its Possible Environmental Impact. By Eric
                                   Hurlbert.

                                3. Washington State Department of Ecology. 1981. Washington Coastal
                                   Areas ofMajor Biological Significance. By J. S. Isakson.

                                Boating Facilities

                                1. Washington State Department of Fisheries. May, 198 1. Biological
                                   Considerationsfor the Siting and Design ofMarinas and Affiliated
                                   Structures in Puget Sound - Technical Report 60. By Rick Cardwell and
                                   Robert Kooms.

                                2. Goodwin, Robert F., ed. 1989. BoatingMoorage in the 90s. Washington
                                   Sea Grant Marine Advisory Services Publication. University of
                                   Washington.

                                   (Proceedings of a conference, Oct. 19-21, 1988, Everett, Wash.)





                                Chapter 19 - Technical References                                    H497









                           SNY Handbook - 1994 Edition



                           3. U.S. Environmental Protection Agency. April, 1985. CoastalMarinas
                               Assessment Handbook. Atlanta, Georgia.                                                         is

                               (This is a handbook of information and guidance for the environmentally
                               sound development and regulation of coastal marinas. The handbook
                               provides assistance and identifies options for the resolution of
                               environmental, institutional and engineering issues associated with coastal
                               marina development. Contains state-of-the-art information.)

                           4.  Washington State Department of Social Health Services, Office of
                               Environmental Health Programs, Health Services Division. September,
                               1981. Environmental Health Guidelinesfor Marina Development and
                               Operation.

                               (includes guidelines for marina location, water supply, restroom facilities,
                               sewage disposal, sewage pump-out facilities, solid waste collection,
                               bulkheads and landfills, electrical wiring and general safety.)

                           5.  Giannio, Steven P. and Hsiang Wang. 197 1. Engineering Considerations
                               for Marinas in Tidal Marshes. University of Deleware, College of Marine
                               Studies. Newark, Delaware.

                               (Includes an examination of problems, impacts and potential solutions for
                               locating marinas in a marsh environment. Concludes with a composite
                               marina design that would permit a marina to be constructed in a marsh
                               system yet retain or even enhance its environmental value.)

                           6.  New Jersey State Department of Environmental Protection. Impacts of
                               Marina Activities of the Estuarine Environment of the New Jersey. By
                               Thomas Verman and Robert Connell, Jr.

                           7.  Delaware Department of Natural Resources and Environmental Control,
                               Division of Water Resources. 1989. Locating, Planning andDesigning
                               Marinas: A Guidebookfor Permit Applications in Delaware.

                           8.  Washington State Department of Social Health Services, Shellfish Section.
                               March, 1989. Model Ordinance Establishing Rules andRegulationsfor
                               Sewage Disposalftom Vessels with Liveaboards at Marinas.

                           9.  New Jersey Department of Environmental Protection. September, 1982.
                               Developing a Marina in New Jersey. By Rovers, Golden and Halpern.

                               (Includes an analysis of marina impacts and recommendations for project
                               design.)

                           10. Northwest Marine Trade Association. April 6-7, 1977. Proceedings of
                               Moorage Workshop. Edited by Robert F. Goodwin and Caroline Tobin.



                           Chapter 19 - Technical References                                              H499









                               SW Handbook - 1994 Edition



                               11. Washington State Department of Social Health Services. May, 1989.
                                   Puget SoundMarina andBoater Study.

                               12. U.S. Army Corps of Engineers. October, 1980. Recreational SmallBoat
                                   Moorage Study - Puget Sound andAdjacent Waters. Washington.

                               13. Washington State Department of Ecology, Shorelands and Coastal Zone
                                   Management Program. April, 1984. Shelyish Protection Strategy. By
                                   Robert Saunders.

                               14. Layton, Jefrey. 1989. Siting New Marinas. In Boating andMoorage in
                                   the 90s. Edited by Robert Goodwin.

                               15. Chumra, H.G.S. and N.W. Ross. 1978. The Environmental Impacts of
                                   Marinas and Yheir Boats: A Literature Review the Management
                                   Considerations -Marine Memorandum 45. Marine Advisory Service,
                                   University of Rhode Island, Marine Advisory Service.

                               16. U.S. Army Corps of Engineers (Seattle District). October, 1980.
                                   Recreational Small BoatMoorage Study: Puget Sound andAdjacent
                                   Waters, Washington.

                               17. U.S. National Oceanic and Atmosphere Administration, Office of Coastal
                                   ZoneManagement. August, 1976. Coastal Facility Guidelines.

                                   (Includes a case study on marina development, and discusses management
                                   considerations in locating, planning and designing marinas.


                               Commercial


                               1.  Seattle Department of Construction and Land Use. May, 1984. An
                                   Assessment of the Future Needs of Water-Dependent Uses in Seattle.
                                   Seattle Shoreline Master Program Revision Project.

                                   (Requirements for water-dependent uses, mixed uses, harbor area
                                   requirements.)

                               2.  Maryland Department of Natural Resources. 1983. Erosion and
                                   sedimentation controlpractices: an annotated bibliography. Annapolis,


                               3.  Washington State Department of Ecology. Design Criteriafor gravity
                                   oilAvater-separators. Ecology Publication #82-1.

                               4.  Goodwin, Robert, ed. 1988. WaterftontRevitalizationfor Smaller
                                   Communities. University of Washington, Sea Grant.



                               Chapter 19 - Technical References                                    H499









                          SNT Handbook - 1994 Edition



                             (Public policies and plans for waterfront revitalization, harborwide
                             planning.)

                          5. Washington State Department of Ecology. June, 1986. Public Policies
                             and Plansfor Waterftont Revitalization. By John Owen. Ecology
                             Publication #87-12.

                          6. Urban Land Institute. 1976. Mixed-Use Developments: New Ways of
                             LandUse. Technical Bulletin 71.


                          Flood Control Management

                          1. U.S. Water Resources Council. 1981. Cooperative Flood Loss
                             Reduction: A Technical manualfor Communities and Industty. By
                             James.H.Owen. WashingtonD.C.: U.S. Government Printing Office.

                          2. Federal Emergency Management Agency. 1981. Design Guidelinesfor
                             Flood Damage Reduction - FEMA 15. WashingtonD.C.: AIAResearch
                             Corporation.

                             (Contains information on nonstructural. measures to control flooding.)

                          3. Washington State Department of Ecology, Shorelands and Coastal Zone
                             Management Program, Floodplain Management. 1986. Floodplain
                             Management Handbookfor Local Administrators.

                          4. U.S. Water Resources Council. September, 198 1. Floodplain
                             Management Handbook. By James H. Owen and Glenn R. Wall.
                             Washington D.C.: U.S. Government Printing Office.

                             (Handbook describes a range of structural and nonstructural flood control
                             measures for both riverine and coastal shorelines.)

                          5. Guidelines on Community Local Flood Warning and Respo     nse Systems.
                             Hydrology Subcomittee of the Federal Interagency Advisory Committee on
                             Water Data. August, 1985.

                          6. Reducing Losses in High Risk Flood HazardAreas: A Guidebookfor
                             Local Officials - FEMA-116. Association of State Floodplain Managers,
                             FEMA. 1987.

                          7. U.S. Army Corps of Engineers, A Perspective on Floodplain Regulations
                             for Floodplain Management, prepared by John Kusler, June, 1976. 156
                             pp.





                          Chapter 19 - Technical References                                       H-500








                                    SMP Handbook - 1994 Edition



                                        (Emphasis on nonstructural measures such as development controls for
                                        floodplain management.)

                                    8.  U.S. Army Corps of Engineers, Coastal Engineering Research Center,
                                        Shore Protection Manual, Vols. 1, 11 and Iff, Third Edition, 1977.

                                        (Volume II deals with planning and analysis of proposed projects including
                                        consideration and environmental impacts.)

                                    9. U .S. Department of Housing and Urban Development, Evaluation of the
                                        Economic, Social, and Environmental Effects of Floodplain Regulations,
                                        March, 1981. 68 pp.

                                        (Examine structural, nonstructural and "do-nothing" alternatives.)

                                    Forest Management

                                    1 . An Assessment of the Adequacy of Washingtods Forest Practices Rules
                                        and Regulations in Protecting Water Quality - Technical report 208 Forest
                                        Tractices Assessment. August 1980 also, "Summary Report 208" October
                                        1980. (SHL).

                                    2.  Annual Survey of Ongoing Research on the Impact of Forest Management
                                        Practices on Water Quality and Utility - 1982. Technical Bulletin No. 373,
                                        July 1982. NCASI. (SHL)

                                    3.  Cumulative Effects of Forest Practices on the Environment: A State of the
                                        Knowledge. Washington Forest Practices Board. February, 1984.

                                    4.  Washington Forest Practices Rules and Regulations. Washington State
                                        Forest Practices Board. January, 1988.

                                    5.  Forest Practices Act and Regulations - is now (June 1993, RCW 76.09 and
                                        WAC 222).

                                    Industry

                                    I . An Assessment of the Future Needs of Water-Dependent Uses in Seattle.
                                        Seattle Shoreline Master Program Revisions Project. 1984. Department
                                        of Construction and Land Use, Seattle, WA. May, 1984. (SHL)

                                        (Requirements for water-dependent uses, mixed-uses, harbor area
                                        regulations.)




                                    Chapter 19 - Technical References                                             H-501









                            SW Handbook - 1994 Edition



                            2. American Petroleum Institute Task Force Report on Oil Spills, June 14,
                                1989. (SBL)

                                (Oil spill prevention recommendations, response to spills, oil catastrophic
                                spill research and development opportunities.)

                            3.  California Resources Agency, Report of the California Interagency
                                Tanker TaskForce. October, 1978. Sacramento, CA.

                                (This document draws together information on tanker traffic and operation
                                in order to aid tanker safety and pollution abatement. Three major
                                categories cover anchor 'operations, terminal and port operations and oil
                                spill clean up and liability.)

                            4.  City of Seattle, Water Quality: Best Management Practices Manual. June
                                30, 1989.

                                (Instructions for dealing with issues pertaining to commercial and industrial
                                business that handle toxic materials, storage, containment, transfer are
                                addressed.)

                            5.  Critical Materials Handbook. Water QualityManagement Program ('208)
                                Coordination Office and Technical Advisory Committee. 1985. Spokane,
                                WA. (WQL)

                                (Critical materials concept, BMPs for prevention and control of spills.
                                Appendix C has structural containment design concepts.)

                            6.  Washington State Department of Ecology, Contingency Planfor Response
                                to Spills of Oil andHazardous Substances. May, 1988. (Deals with
                                responsibility, organization, plans, operation response, spill response.)

                            7.  Washington State Department of Ecology, Design Criteriafor Gravity
                                OillWater Separators. WDOE 82- 1, January 1982.

                                (Provides technical information for determining stormwater runoff and
                                rainfall intensity duration for several cities across the state.)

                            8.  Washington State Department of Ecology, Guidelines to Prevent, Control
                                and Contain Spillsform the Bulk Storage of Petroleum Products. WDOE
                                83-8, Aug. 1983.

                                (Suggested Containment procedures, contacts for regional WDOE
                                departments. (SBL)






                            Chapter 19 - Technical References                                           H-502









                                 SMT Handbook - 1994 Edition



                                 9. Washington State Department of Ecology. 1983. Guidelines to Prevent,
                                    Control and Contain Spills from the Bulk Storage of Petroleum Products.
                                    Vv`DOE 83-8.


                                 10. Goodwin, Robert, ed. 1988. Waterftont revitalizationfor smaller
                                    communities. University of Washington. Sea Grant, Seattle, WA. (HQ)

                                    (Public policies and plans for waterfront revitalization).

                                 11. Proposed Changes in Harbor Area Use Policy. 1983. Department of
                                    Natural Resources. (HQ)

                                 12. Water Quality Best Management Practices, for City of Seattle, June 30,
                                    1989. (SHL)

                                    (BMPs for industry - some apply to water-related/dependent industries.)


                                 Instream Structures


                                 1. Maine Land and Water Resources Council, Recommended State Policies
                                    for Hydropower Development in Maine, October, 1981. 56 pp.

                                 2. Northwest Power Planning Council, Columbia River Basin Fish and
                                    Wildlife Program Adopted November 15, 1982.

                                    (See Section 12, Future Hydroelectric Development, for federal standards
                                    relating to hydroelectric facilities.)

                                 3. Oak Ridge National Laboratory. 1980. Analysis of Environmental Issues
                                    Related to Small Hydroelectric Development.

                                    (Series of manuals. The initial manual was published in July, 1980.)

                                 4. Washington State Department of Ecology. Criteriafor Sewagefor Works
                                    Design. Ecology Publication 478-5. Revised October, 1985.

                                 Mining

                                 See Water Quality










                                 Chapter 19 - Technical References                                    H-503









                         SW Handbook - 1994 Edition



                         Recreational


                         1.  U.S. National Oceanic and Atmospheric Administration, Office of Coastal
                             Zone Management. January, 1976. Coastal Recreation: A Handbookfor
                             Planners andManagers, By Robert B. Ditton and Mark Stephens,
                             Washington, D.C.

                             (Provides a basic understanding for recreation supply and demand, impacts
                             and management considerations. Recommendations are made for
                             integrating a recreation element into a long-term coastal zone management
                             program. The report describes a user-resource recreation planning
                             approach as well as some basic recreation planning assumptions and
                             available management tools. Also discussed are: (1) coordination with
                             other governmental agencies having recreation responsibilities; (2) public
                             access; (3) the role for the private sector; and (4) classification of coastal
                             recreation activities, a bibliography and selected recreation contacts.

                         2.  Ground Water Monitoring Review, Winger 1990. Monitoring Ground
                             Waterfor Pesticides at a Go6r Course - A case study on Cape Cod,
                             Massachusetts. By Scott W. Horsely and John A. Moser,

                             (A thorough hy drogeologic investigation programs recommended and a
                             ground water monitoring program developed.)

                         3.  The Golf Superintendent. Vol. 41, No. 2 pp. 26-28, Feb. 1973. Pesticides
                             in Your Future. By William M. Hoffinan.

                         4.  The Environmental Protection Agency. April, 19 8 5. Final Report on the
                             Results of a National Survey ofPesticide Usage on Go@f Courses in the
                             US. conducted in July - Sept. 1982. By Richard E. Kriner. EPA 0593
                             C.2.

                         5. Turfgrass Fertilizers - Post Application Fate of Nitrogen: A Literature
                             Review. 1985. Prepared by M.P. Klety, J.A. Long and O.M. Scott. and
                             Sons Co. Published by O.M. Scott and Sons Co., Marysville, Ohio.

                         6.  National Forest Landwape Management Ski Areas Vol. 2, Chapter 7.
                             U.S. Department of Agriculture, Forest Service #617.

                         7.  Goy'Course Development. Selected References. Dec. 1989. ULI -The
                             Urban Land Institute Development Information Service, Information
                             Packet #320.

                         8.  Turfgrass Infonnation File, Tudgrass Information Center, Library 20-212,
                             Michigan State University. East Lansing, Mi.




                         Chapter 19 - Technical References                                     H-504









                                 SW Handbook - 1994 Edition


                                 Residential


                                 1. Associated General Contractors of Washington. 1988. Waste disposal
                                    and erosionlsediment control methods. Association of General
                                    Contractors of Washington, Seattle, WA.

                                    Discusses how construction affects water quality and what steps can be
                                    taken to reduce these effects.

                                 2. Washington State Department of Ecology. 1985. Construction erosion
                                    control. By Douglas Canning. Shorelands Technical Assitance Paper #3.
                                    (SHL)

                                 3. Washington State Department of Ecology. 1985. Shoreline bluff and
                                    slope stability - technical management options. By Douglas Canning.
                                    Technical Assistance Paper #2. (SHL)

                                 4. Washington State Department of Ecology. 1985. Shore erosion
                                    protection - onshore structural methods. By Douglas Canning.
                                    Shorelands Technical Assistance Paper #1. (SHL)

                                 5. City of Lynnwood, Washington. Scriber Lake Watershed Protection:
                                    Household Practices. By URS Consultants.

                                 6. Department of Social Health Services. 1987. On-site septic system and
                                    ground water pollution: Problems, solutions, unknowns. In Proceedings
                                    ofNorthwest Nonpoint Source Pollution Conference. By C. Cogger.
                                    Olympia, WA. pp. 58-74.

                                 7. Department of Environmental Programs, Metropolitan Washington Council
                                    of Governments. 1987. Controlling Urban Runoff: A PracticalManual
                                    for Planning andDesigning Urban BMPs. By T.R. Schueler.
                                    Washington, D.C.

                                 8. Washington State Department of Ecology. Water Quality Guide:
                                    Recommended Pollution Control Practicesfor Homeowners and Small
                                    Farm Operations. By Joy P. Michaud. Ecology Publication #87-30.

                                 9. Clark County Conservation District. 198 1. Erosion and runoff control
                                    guide for construction in Clark County. Vancouver, WA.(WQL)

                                 @10. Federal Emergency Management Administration. January, 198 1. Design
                                    and Construction Manualfor Residential Buildings in High Hazard
                                    Areas.






                                 Chapter 19 - Technical References                                     H-505









                           SW Handbook - 1994 Edition



                           11. Ying County Department of Public Works. 1986. Surface water design
                               manual. Ying County, Seattle, WA.

                               (For engineers and developers - discusses policy, performance criteria and
                               standards for development controls. Water quality and erosion control
                               standards and operation and maintenance requirements for surface water
                               projects.)

                           12. Maryland Coastal Zone Program. 1979. Environmental andEconomic
                               Effects ofResidential Development on Mayor Peninsula, Anne Arundle
                               County, Maryland. By Mitre Corporation.

                               (Provides a checklist of environmental impacts associated with residential
                               development and recommends mitigation measures. Designed to serve as a
                               guidebook for local governments.)

                           13. METRO, Water Quality Division. 1984. A suppliers guide to erosion
                               control materials. Seattle, WA.

                           14. METRO. 1984. Lake management handbook. Seattle, WA. (WQL)
                               Guidance to Lake communities about measures to protect.

                           15. U.S. Environemental Protection Agency. March, 1980. Select Topics in
                               Stormwater Management Planningfor New Residential Developments. By
                               Robert Berwich, et al. Cincinnati, OH.

                               (library. call # EPA 600/2 80-013).

                           16. Thurston Regional Planning Council. 1979. Shoreline erosion - a guide to
                               Shoreline erosion protection. (HQL)

                           17. Washington State Department of Ecology. 1985. Urban Runoff Water
                               Quality: Effects andManagement Options. Shorelands Technical
                               Assistance Paper #4.

                           Transportation Facilities

                           1. Washington State Department of Transportation. 1988. Highway Water
                               Quality ManuaIM22-15.

                               (Guide for DOT engineering personnel provides policies and methods to
                               predict and reduce water quality degrading from highways.)







                           Chapter 19 - Technical References                                          H-506









                                SW Handbook - 1994 Edition


                                Utilities Primary

                                See Instream Structures

                                Chapter 8: Shoreline Modification
                                Activity Policies and Regulations

                                Shoreline Modification


                                1. The Conservation Foundation. 1980. Coastal Environmental
                                    Management: Guidelinesfor Conservation ofResources and Protection
                                    Against Storm Hazards. Washington., D.C.

                                    (Handbook describes the ecological features and potential storm hazards
                                    associated with various coastline environments. Community management
                                    policies and implementation guidelines are discussed.) (SHL)

                                2.  Conservation Foundation. 1980. Coastal Environmental Management:
                                    Guidelinesfor Conservation of Resources and Protection Against Storm
                                    Hazards. WashingtonD.C.: U.S. Government Printing Office.

                                3.  Washington State Department of Ecology, Shorelands and Coastal Zone
                                    Management Program. 1986. Construction Erosion Control: By Douglas
                                    J. Canning. Shorelands Technical Assistance Paper #3.

                                4.  U.S. Army Corps of Engineers. 198 1. Low-Cost Shore Protection: A
                                    Guide for Engineers and Contractors.

                                    (One of a series of three handbooks published by the Corps which
                                    discusses in detail the successes and failures of various shoreline
                                    stabilization methods. see also, "Low Cost Shore Protection: A Guidefor
                                    Local Governments" and "Low Coast Shore Protection: A Property
                                    Owner's Guide") (SHL)

                                5. U.S. Environmental Protection Agency. July, 1989. Miller Bay: A Case
                                    for Cumulative Impact Assessment By Lytitia Paramenter.

                                    (This paper evaluates the effects of in-water structures, including piers and.
                                    bulkheads, in Miller Bay in Kitsap County.)

                                6. Washington State Department of Ecology. 1978. Puget Sound Shore
                                    Erosion Protection Study. By Thomas Terich.



                                Chapter 19 - Technical References                                    H-507









                           SNW Handbook - 1994 Edition



                              (Covers some structure and nonstructural methods of reducing erosion.
                              Sections on "Erosion Control Techniques," pp. 8-12 and "Erosion
                              Abatement Advice," pp. 36-47. See (SBL)

                           7. Wisconsin Coastal Management Program. January, 198 1. Regulations to
                              Reduce Coastal Erosion Losses. By D.A. Yanggen.

                              (Report discusses the role that local zoning and subdivision regulations can
                              play in reducing losses as a result of erosion along Wisconsin! s Great Lakes
                              coast.)

                           8. Washington State Department of Ecology, Shorelands and Coastal Zone
                              Management Program. June 198 5. Shore Erosion Protection: On-Shore
                              Structural Methods. Shorelands Technical Assistance Paper #1. By
                              Douglas Canning.

                              (This paper provides technical guidance to local government officials and
                              helps them to understand the processes of shore erosion, some shore
                              protection alternatives, the design considerations for structural shore
                              protection, and the environmental impacts of improper shore protection.

                           9. Washington State Department of Ecology. 1989. Shoreline Modifications.
                              In Shoreline Public Access Handbook. Section XIII., pp. 87-90.

                           10. Shoreline Structures Design and Construction Standards Compendium
                              City of Seattle, Department of Community Development, Environmental
                              Management Div. June 1977 (SHL)

                           11. Washington Sea Grant Program. 1983. Yhe Coast ofPuget Sound. Its
                              Processes and Development. By John Downing. University of
                              Washington.

                              (This book contains section on "Controlling Coastal erosion")


                           Beach Enhancement


                           1. Marine shore resource analysis - shoreline dynamics (beach enhancement
                              program). Seattle, WA. Publisher Wolf Bauer. 1978. (HQL)

                              (Beaches, shoreline protection, marine environment.)









                           Chapter 19 - Technical References                                          H-508








                                  SW Handbook - 1994 Edition


                                  Breakwaters, Jetties and Groins

                                  1  U.S. Army Corps of Engineers. May, 1975. Guidelinesfor the
                                     Environmental Impact Assessmentfor Small Structures and Related
                                     Activities in Coastal Bodies of Water. By Mitre Corporation. McLean,
                                     Virginia.

                                     (Presents information to assist in the identification and analysis of impacts
                                     related to permit applications for riprap, bulkheads, groins, mooring piles,
                                     dolphins and ramps, dredging, outfalls, submerged lines and pipes and
                                     aerial crossings. For each of the above hea dings there is a detailed
                                     definition, description of main uses, analysis of construction methods and
                                     case study describing typical impacts. Tables and information permit
                                     analysis of impact magnitudes based on the'size of the project. A detailed
                                     description of environmental factors precedes the impact assessment
                                     segments. Several useful appendices on erosion, runoff, water and air
                                     quality and navigation are included.)

                                  2. U.S. Fish and Wildlife Service Office of Biological Services. Biological
                                     Impacts ofMinor Shoreline.

                                  3. Structures on the Coast Environment.- State of the Art Review. Volumes I
                                     and 2. March, 1980.

                                     (Volume I is a summary of literature on breakwaters, jetties, groins,
                                     bulkheads, revetments, tamps, piers and pilings, buoys, harbors for small
                                     craft, bridges and causeways. Volume 2 is the bibliography.)


                                  Bulkheads


                                  1. Washington Department of Fisheries. Adopted February 5, 197 1. Criteria
                                     Governing the Design ofBulkheads, LandFills andMarinas in Puget
                                     Sound, Hood Canal and Strait of Juan de Fucafor Protection ofFish and
                                     Shel@yish Resources. Guidelines.

                                  2. North Carolina Sea Grant College Program. 1981. A Homeowner's Guide
                                     to Estuarine Bulkheads. UNC-SA-81-11.

                                  3. U.S. Army Corps of Engineers. 1982. Low Cost Shore Protection (3
                                     volumes): (1) A Property Owner's Guide; (2) A Guidefor Local
                                     Government Officials; and (3) A Guidefor Engineers and Contractors.
                                  See also references listed under Breakwaters, Jetties and Groins and Shoreline
                                  Stabilization and Flood Protection.





                                  Chapter 19 - Technical References                                     H-509









                        SW Handbook - 1994 Edition



                        Levies and Dikes


                        1. State of California, The Resource Agency, The Reclamation Board.
                            February, 1988. Interim Guidefor Vegetation on Flood Control Levees
                            Under Reclamation BoardAuthority.

                            (These guidelines provide standards for inspecting and managing levee,
                            levee toe and berm vegetation. See Marcia Geidel, Washington State
                            Department of Ecology, for copy.)

                        Dredging and Dredge Spoil Disposal

                        1 . Draft Environmental Impact Statement - Unconfined Open- Water
                            Disposalfor Dredged Material, Phase II. North and South Puget Sound.
                            March, 1989. (SHL)

                            (This DEIS evaluates alternatives considered in identifying preferred sites
                            for disposal of dredged material in north and south Puget Sound, including
                            Olympia, Port Townsend, Port Angeles, Anacortes, Bellingham. Five
                            multi-user disposal sites are identified for use based on site selection
                            process considering alternative sites.)

                        2.  Conjined Disposal of Contaminated Sediments - Documentation of
                            Standards Development. Final Report. November, 1989. Sediments Unit.

                        3.  Puget Sound Dredged Disposal Analysis (PSDDA) Reports. 1986-1988.

                            A collection of reports and technical studies (sediment contamination
                            issues) which comprise the combined federal and state planning effort to
                            manage the disposal of dredged material in the Puget Sound. Available
                            from the U.S. Army Corps. of Engineers, Seattle District Office, Attn:
                            PSDDA Study Director, or at Washington State Department of Ecology
                            Headquarters.

                        4.  Washington State Department of Ecology. August, 1982. Guidelinesfor
                            Issuing Water Quality Certificationsfor Dredging and Discharge of
                            DredgedMaterial. Ecology Publication #82-13.

                        5.  Washington State Department of Ecology. September, 1989.
                            Management Plan Report: Unconfined Open-Water Disposal of Dredged
                            Material Phase II (North and South Puget Sound) EPA Region 10.

                        6.  Williamson, K.J., et.al. March, 1977. Dredging in Estuaries: A Guidefor
                            Review ofEnvironmental Impact Statements. Oregon State University.



                        Chapter 19 - Technical References                                     H-510








                                SW Handbook - 1994 Edition



                                7. U.S. Army Corps of Engineers. December, 1978. Dredge Material
                                   Research Program, "Guidelinesfor DredgedMaterial Disposal Area
                                   Reuse Management. "

                                8. U.S. Fish and Wildlife Service, Office of Biological Services. September,
                                   1980. Impacts of Navigational Dredging on Fish and Wildlife: A
                                   Literature Review,


                                Revetments


                                1. Washington State Department of Ecology. June, 1985. Shoreline Erosion
                                   Protection: On Shore Structural Methods. By Douglas Canning.
                                   Shorelands Technical Assistance Paper #1. Seattle Metro, Construction
                                   and Water Quality 1977.

                                   (Revetments, Bulkheads, Design and Planning considerations.) (Design and
                                   construction considerations of both massive rigid revetments ) and
                                   alternative erosion control devices (Jetted willow poles, jacks,
                                   revegetation, etc.)

































                                Chapter 19 - Technical References                                    H-511








                                                                   Appendixes


















                                                                                      w A S H I N G T 0 1  S 7 A T E
                                                                                      0 E P A N T M E I T       0 F
                                                                      @@E C 0 L 0 G Y

                                                                       Shorelands & Coastal Zone
                                                                           Management Program

                                                                                       93-104C












                      Appendix A

            Integrating Growth Management
              with Shorelines Management:
                     Local Options









                SW Handbook - 1994 Edition



                Introduction

                Washington State has a strong tradition of local-state partnerships in land use and
                environmental planning. The Shoreline Management Act, celebrating its twentieth
                birthday in 1991, is a cooperative local-state program. The Growth Management Act is
                also a cooperative local-state program.
                The Department of Ecology Shorelands and Coastal Zone Management Program prepared
                this technical assistance report to answer questions from local government planners on
                shorelines management and growth management. The paper has three additional goals.
                First, to help local governments planning under the Growth Management Act (RCW
                36.70A) by identifying issues they may wish to consider, sources for additional
                information, and funding sources that might be used to help implement the Growth
                Management Act. Second, to improve administration of the Growth Management Act and
                the Shoreline Management Act by improving consistency between comprehensive plans
                and shoreline master programs. And third, to reduce potential conflicts between
                comprehensive plans, development regulations, and shoreline master programs.
                The Department of Ecology prepared this issue paper under its authority to develop
                guidelines for the management of shorelines and adjacent lands under the Shoreline
                Management Act. This paper is provided only for technical assistance purposes.
                This technical assistance paper focuses on shoreline master programs and comprehensive
                planning. The Shorelands and Coastal Zone Management Program of the Washington
                Department of Ecology produces the Shoreline Management Guidebook which describes
                how to prepare and administer shoreline master programs. This technical assistance paper
                was coordinated with the Washington State Department of Community Development.
                The paper is intended as a companion to the technical assistance papers prepared by the
                Washington State Department of Community Development.
                The following section summarizes current information available on the relationship
                between comprehensive plans and shoreline master programs. The third section describes
                shoreline policies and issues local governments should consider when developing their
                comprehensive plans and methods local governments can use to incorporate these issues
                into their comprehensive planning process. The fourth section describes ways of avoiding
                conflicts between comprehensive plans and shoreline master programs. The fourth section
                also describes methods local governments can use to integrate comprehensive plans and
                shoreline master programs. The fifth section briefly describes Department of Ecology
                grant programs which can fund certain types of planning activities.
                For additional copies of this technical assistance paper please contact Peter Skowlund,
                Management Section, Shorelands and Coastal Zone Management Program, Department of
                Ecology, P.O. Box 47690, Olympia, WA 98504-7690. Telephone (206) 438-7430,
                SCAN 585-7430.






                Appendix A                                                                          H-512








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                      The author would like to extend his thanks to the Department of Ecology staff, especially
                      Thomas Mark, the project manager, and Peter Skowlund. The author would also like to
                      thank the local government planning staff, state agency staff, and others who reviewed
                      drafts of this paper and offered suggestions. The author also thanks the Thurston
                      Regional Planning Commission and the Municipal Research and Services Center for the
                      use of their libraries. As always,'the responsibility for any mistakes is the authoes.

                      Relationship Between the Comprehensive
                      Plan and the Shoreline Master Program

                      A local government comprehensive plan contains a commun     ity's vision of its future. This
                      vision should be based on a realistic analysis of problems, potentials, and opportunities.
                      Local governments need to include a state perspective in this analysis. This state
                      perspective is reflected in the Growth Management Act's comprehensive planning goals
                      found in RCW 36.70A.020. For local governments with shorelines areas within their
                      jurisdiction, the community vision should also include the policies of the Shoreline
                      Management Act.
                      The community's vision in the comprehensive plan should be reflected in functional plans,
                      special area plans, and implementing regulations. This includes shoreline master
                      programs. The Department of Ecology encourages local governments to amend their
                      shoreline master programs so they are consistent with their comprehensive plans. Of
                      course, the amendments cannot be approved unless they comply with the Shoreline
                      Management Act, guidelines, and regulations.

                      Summary of the Shoreline Management Act and the
                      Growth Management Act

                      This section first discusses the Shoreline Management Act, then the Growth Management
                      Act, and finally the relationship between shoreline master programs and comprehensive
                      plans. Figure I illustrates the relationships between the Shoreline Management Act and
                      shoreline master programs. The figure shows the relationship between the Growth
                      Management Act and comprehensive plans and development regulations. Figure I also
                      shows the relationships between comprehensive plans developed under the Growth
                      Management Act, RCW 36.70A, and shoreline master programs. The following
                      subsections discuss the relationships shown in Figure 1.

                      Shoreline Management Act
                      The people of the state of Washington adopted the Shoreline Management Act to provide
                      for a cooperative local government-state government program to manage shoreline areas.
                      The Shoreline Management Act encourages the appropriate development of shorelines and
    is                the protection of shoreline resources. The Shoreline Management Act is based on the


                      Appendix A                                                                           H-513









                SMY Handbook - 1994 Edition



                State of Washingtods police power under the state constitution and the state's duty to
                manage the shorelines and tidelands for the benefit of the public consistent with the public
                trust doctrine.
                The Shoreline Management Act is needed to carry out the state's public trust
                responsibilities. The Shoreline Management Act also recognizes the joint local-state
                interest in shorelines. This joint interest results because the environmental, economic, and
                recreational resources of shorelines extend beyond local government boundaries. State
                involvement in shorelines management helps insure shoreline policies are coordinated
                where local governments manage parts of the same waterbody. The state provides
                technical assistance to local governments preparing and implementing shoreline policies.
                The state also helps local governments consider state-wide interests when managing
                resources which affect the entire state. Because of these joint interests, the Shoreline
                Management Act in RCW 90.58.020 establishes a state policy for the management of
                shorelines.
                Under the cooperative program established by the Shoreline Management Act, local
                governments have primary responsibility for administering the Act. Local governments
                inventory shoreline areas and resources. Local governments prepare Shoreline Master
                Programs in compliance with the Act and implementing regulations adopted by the
                Department of Ecology. Local governments decide applications for shorelines
                development projects. Local governments have independent and joint enforcement
                responsibility with the Department of Ecology.
                The Department of Ecology reviews local shoreline master programs and shoreline master
                program amendments. The Department of Ecology approves those programs and
                amendments which follow the policy of the Shoreline Management Act and the guidelines.
                The Department of Ecology reviews all permits approved by local governments. The
                Department of Ecology must approve shoreline conditional use permits and shoreline
                variances before they are valid.






















                Appendix A                                                                              H-514



                 0                                                                        0                                                                        0
               SMY Handbook - 1994 Edition





                                                                                              Figure I
                                                              Relationship between Comprehensive Plans and Regulations
                                                                                            under the
                                                               Growth Management Act and the Shoreline Management Act


                                                                        State Planning Goals (RCW 36.70A.020)                     Shoreline Management Act Policies
                                                                                                                                           (RCW 90.58.020)
                                                                                                                                     dw
                                                                  Procedural                           County-wide
                                                               Criteria/Minimum                          Planning
                                                                   Guidelines                            Policies
                                                                                                                                         Shoreline Guidelines



                                                                                     Comprehensive
                                                                                            Plan



                                  a Plans 1+-+FFunctional Plans                            Development Regulations                                       Ma
                                                                                                                                                    Program
                        F 'Subare                                                                                                             Shoreline    ste

                                                     Six Year Stre                                  Critical            Off icial
                                                         Ro      et 8'              d           Areas/Wetlan            Maps
                                                          qri Plans
                             Downtown                                            Zon                                                            Goals/Po
                                                                                 Zo
                                                   E      Water    -J           Lanc                         dsi
                            Neighborh              I                                  I Subdivision              learing                         Regulations
                                                   E Stormwater                                              FecGrading
                           Urban Waterfront
                             Revitalization           Capital Facilities
                                                    Park & TRecre@afion                  Key
                                Other                 ublic Access P1                    Required Consistency                                      1110
                                                          Other                          Required Consistency for Adjacent Lands - - - - - - - -
                                                                                                         *44


                                                                                               ,h
                                                                                               , ensive

                                                                                               an























               Appendix A                                                                                                                                            H-515









               SNT Handbook - 1994 Edition



               State agencies must comply with the Shoreline Management Act and adopted shoreline
               master programs. State agencies must get shoreline permits for development activities
               under the jurisdiction of the Shoreline Management Act.
               The Shoreline Management Act and the Growth Management Act are complimentary.
               The Shoreline Management Act focuses on shoreline resources of regional and state
               importance, and, therefore, includes significant state oversight. The Growth Management
               Act focuses on community-wide land use planning. Shorelines may be affected by
               development outside of shoreline jurisdiction and development near or within waterbodies
               too small to-be under thejurisdiction of the Shoreline Management Act. Local
               government planning under the Growth Manage    ment Act can help lessen these impacts.

               Growth Management Act
               The Legislature passed the Growth Management Act to help local governments to better
               manage growth. In RCW 3630A.020, the Legislature adopted thirteen state land use
               goals to guide the preparation of local comprehensive plans.
               The Growth Management Act, RCW 36.70A, requires all local governments to identify
               natural resources lands and critical areas. Natural resource lands include agricultural
               lands suitable for the long term production of agricultural products, forest lands suitable
               for the long term production of forest products, and lands suitable for the long term
               production of minerals, including sand and gravel. Critical areas include wetlands, critical
               aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded
               areas, and geologically hazardous areas. All local governments must protect critical areas.
               Local government not required and not choosing to plan under RCW 36.70A must make
               their development regulations consistent with their comprehensive plans by July 1, 1992.
               The Growth Management Act requires that counties with populations which exceed
               50,000 people and where the population increased by more than ten percent in the
               previous ten years prepare and adopt comprehensive plans and development regulations.
               Counties which experienced population increases of more than twenty percent in the
               previous ten years must also prepare and adopt comprehensive plans and development
               regulations. Those counties which meet the 20 percent growth criteria can decide not to
               plan under the Growth Management Act. Any other county can choose to plan under
               RCW 36.70A. Oties in all three types of counties must also adopt comprehensive plans
               and development regulations. The local governments must adopt comprehensive plans by
               July 1, 1993 and development regulations which are consistent with comprehensive plans
               by July 1, 1994.
               The comprehensive plans must be consistent with county-wide planning policies adopted
               by the county in cooperation with the cities. The comprehensive plans are to include land
               use, housing, capital facilities, utilities, rural, and transportation elements. County
               comprehensive plans must designate urban growth areas. The urban growth areas include
               cities and unincorporated areas which are or win be developed at urban densities. These
               areas are to be large enough to accommodate the countys projected twenty year urban
               population.




               Appendix A                                                                         H-516








                      SNT Handbook - 1994 Edition



                      After preparing comprehensive plans, local governments update their existing
                      development regulations, such as zoning ordinances, or prepare new development
                      regulations to implement their comprehensive plans. Local government development
                      regulations must be consistent with the comprehensive plan.
                      The Department of Community Development adopts procedural guidelines to guide the
                      development of comprehensive plans. The Department of Community Development also
                      provides grants and technical assistance to local governments. The Department of -
                      Community Development is authorized to resolve disputes between cities and counties
                      over urban growth boundaries.
                      Local governments proposing to adopt comprehensive plans, development regulations, or
                      amendments to plans or development regulations under RCW 36.70A must notify the
                      Department of Community Development of their intent to adopt at least sixty days before
                      final adoption. State agencies may provide comments to the local governments during the
                      public review process before adoption.
                      State agencies must follow adopted county-wide planning policies and comply with local
                      comprehensive plans and development regulations adopted under RCW 36.70A. State
                      agencies must obtain local permits.
                      Once adopted by local governments, comprehensive plans are presumed valid. Local
                      government comprehensive plans and implementing regulations may be appealed to one of
                      three regional Growth Planning Hearings Boards. If a Growth Planning Hearings Board
                      finds a comprehensive plan is not in compliance with the Growth Management Act, it is
                      remanded. back to the local government.

                      Relationships between Shoreline Master Programs and Comprehensive
                      Plans

                      The Department of Ecology recognizes that the new comprehensive plans developed by
                      local governments under the Growth Management Act may improve upon shoreline policy
                      decisions in existing shoreline master programs. This is most likely to be the case for
                      those jurisdictions which have not recently updated their shoreline master programs.
                      The.Department of Ecology encourages local governments to make their shoreline master
                      programs consistent with their new comprehensive plans where the plans adequately
                      incorporate shorelines policies and concerns. Like all master program amendments, these
                      amendments must comply with the Shoreline Management Act, related regulations
                      (WACs), and be approved by the Department of Ecology. Coastal Zone Management
                      grants may be available to assist eligible local governments in updating their shoreline
                      master programs. These grants are described on page 47 of this paper.
                      Shoreline master programs are adopted and enforced both by local governments and the
                      Washington State Department of Ecology. When adopted by the Department of Ecology,
                      master programs become state regulations. This joint local and state adoption and
                      enforcement means shoreline master programs are not local government development
                      regulations as defined by the Growth Management Act. Therefore, the Growth
                      Management Act's requirement that local government development regulations comply



                      Appendix A                                                                      H-517









               SMEP Handbook - 1994 Edition



               with comprehensive plans does not apply to shoreline master programs. In addition, local
               governments are not required to adopt new shoreline master programs by July 1, 1994.
               Section 4 of the 1991 amendments to the Growth Management Act requires state
               agencies to comply with local comprehensive plans and development regulations prepared
               under RCW 36.70A. Section 4, however, does not amen       d the Shoreline Management
               Act. Nor does the general provision of Section 4 override the Department of Ecology's
               specific authority to review and approve or disapprove shoreline master program
               amendments based on the Shoreline Management Act and the regulations implementing
               the Act, Therefore, the Department of Ecology must consider local government
               comprehensive plans when reviewing shoreline master programs and shoreline master
               program amendments. Where a proposed shoreline master program or amendment
               conflicts with the Shoreline Management Act, the guidelines or the regulations, the
               Department of Ecology retains the authority to amend or deny the proposed shoreline
               master program or amendment.
               The Shoreline Management Act and local government shoreline master programs are
               generally minimums that local governments can exceed with other ordinances. The
               Shoreline Management Act, in RCW 90.58.340, requires that local governments and state
               agencies review their plans, regulations, and ordinances which apply to areas adjacent to
               shorelines jurisdiction and modify these plans, regulations, and ordinances so they "achieve
               a consistent use policy" with the Act and the shoreline master programs. This means that
               local government comprehensive plans and development regulations for adjacent lands
               must be consistent with the Shoreline Management Act and local government shoreline
               master programs. Figure 1 shows these requirements with double lines. To help in
               complying with the adjacent lands requirements, local governments should incorporate
               Shoreline Management Act policies into the comprehensive planning process. Local
               governments should also review existing shoreline master program policy decisions when
               developing their comprehensive plans.

               Why Local Governments Should Incorporate Shoreline
               Concerns into Their Comprehensive Planning Process

               Shorelines play a key role in many communities. Shorelines are valuable economic, social,
               and ecological resources for local communities. Ports are major employers in many
               communities in both eastern and western Washington. Water-enjoyment uses, such as
               restaurants and hotels, are also significant employers in many communities. Waterfront
               parks on the ocean, sounds, rivers, and lakes are important social and recreational areas.
               Salt water bodies, freshwater bodies, riparian areas, and adjacent uplands are important
               natural resource areas and habitats.
               For these reasons, local governments often consider shoreline areas and resources in their
               comprehensive planning process. The Department of Ecology hopes this paper will
               provide information to aid their efforts and reduce the time and cost of preparing
               comprehensive plans.




               Appendix A                                                                              H-518









                       SNT Handbook - 1994 Edition



                       A second reason to incorporate shorelines considerations into the comprehensive planning
                       process is that local governments will want to amend their shoreline master programs to
                       reflect their new comprehensive plans and development regulations. By incorporating
                       shorelines concerns into the comprehensive planning process, these amendments' to
                       shoreline master programs will be consistent with the Shoreline Management Act. The
                       Department of Ecology will agree to amendments to shoreline master programs to reflect
                       comprehensive plans which adequately address shoreline issues. The state will follow
                       these amendments in making shoreline decisions.
                       Incorporating shoreline policies and policy decisions into comprehensive plans and then
                       updating shoreline master programs based on the comprehensive plan will result in
                       consistent plans and regulations. Consistent plans and development regulations will make
                       local government administration of plans and development regulations easier, more
                       economical, and help insure that developments achieve local goals. This is so because the
                       documents will not conflict and will work well together.
                       Consistent comprehensive plans, development regulations, and shoreline master programs
                       will improve predictability for property owners. This will help local communities
                       encourage the type of development they want and help reduce the costs of getting
                       development approvals.
                       Incorporating shorelines concerns into local comprehensive plans will result in better
                       comprehensive plans. The shorelines factors will help make the planning process
                       comprehensive and ensure a broad range of issues are considered.
                       The Department of Ecology can provide technical assistance.' This technical assistance'
                       includes the Shoreline Management Guidebook. The Shoreline Management Guidebook
                       is available from Peter Skowlund, Management Section, Shorelands and Coastal Zone
                       Management Program, State of Washington Department of Ecology, P. 0. Box 47690,
                       Olympia, WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430. The
                       Department of Ecology also holds periodic shorelines management conferences. The
                       Department of Ecology will hold mini-workshops on shoreline management for local
                       governments on request. Department of Ecology staff will also answer questions on
                       shorelines management issues over the phone or by letter. For any of these services call or
                       write the above address.
                       The Department of Ecology can provide financial assistance for amendments to shoreline
                       master programs. Please see the description of financial assistance programs in Section V
                       beginning on page 47.
                       Amending shoreline master programs can also help insulate local governments against
                       takings claims. Because shoreline master programs are reviewed and approved by the
                       state, local governments may have less liability for takings claims where the decision is
                       based on shoreline master program policies and regulations.               I
                       In addition, because the Shoreline Management Act helps implement the public trust
                       doctrine, courts may be more likely to take the doctrine into account when determining if
                       land use restrictions result in a taking. However, the public trust doctrine can be asserted
                       anytime a local government regulation protects a public trust resource. The public trust



                       Appendix A                                                                              H-519









                SNY Handbook - 1994 Edition


                doctrine provides that when the state conveys tidelands or shorelines owned by the state at
                the time of statehood. to public or private owners, a legal servitude applies to those lands
                unless the state explicitly extinguishes the servitude. The servitude limits the private use
                of lands under navigable waters conveyed by the state to uses compatible with public trust
                rights such as navigation and fishing. Local governments and the state may authorize uses
                which would affect the servitude through the Shoreline Management Act under certain
                circumstances.
                In Orion Corp. v. Washington,    109 Wash. 2d 621, 747 P.2d 1062 (1987), the Washington
                State Supreme Court found that to determine whether a local shoreline master program
                had resulted in a taking, the uses prohibited by the master program had to be uses
                permitted under the public trust doctrine for a taking to have occurred. If the prohibited
                uses were incompatible with the public trust doctrine, then the local and state governments
                had not taken private property rights. This is so because the state conveyed the property
                to the owner with public trust doctrine limitations.

                Shoreline Policies and Issues to Address
                in Comprehen                     sive Plans

                The first part of this section describes methods local governments have used to
                incorporate shoreline policies and issues into local comprehensive planning processes.
                The second section describes the shorelines policies and issues local government should
                consider during the comprehensive planning process.

                How to Incorporate Shoreline Policies and Concerns
                into Comprehensive Planning under the Growth
                Management Act

                Local governments often include shorelines policies and issues in their comprehensive
                planning processes. When and to what extent shorelines policies and issues are
                incorporated depends on the jurisdiction, the extent of shorelines resources in the
                jurisdiction, and the type of plan being developed. The key to cost-effectively
                incorporating shorelines issues is to include them as an integral part.of the planning
                process, rather than adding them on at the end.
                Figure 2 illustrates one approach to the comprehensive planning process. This approach
                begins with data gathering and analysis. The local government then works with the
                community to identify its preferred future. The local government next works with the
                community to prepare goals, alternatives, and policies. After the comprehensive plan is
                adopted by the local government, implementing regulations are prepared. Communities
                using a similar process would include Shoreline Management Act policies and the policy
                decisions in the existing shoreline master program in the inventory and analysis step.
                When comparing alternatives, they would include shoreline policies as some of the


                Appendix A                                                                                H-520









                      SNT Handbook - 1994 Edition



                      comparison criteria. After preparing and adopting development regulations, the local
                      government would update its existing shoreline master program to reflect the new
                      comprehensive plan and development regulations.
                      The specific ways local governments include shoreline policies and considerations into
                      their comprehensive planning processes are not important. What is important is that the
                      local government consider them. Local governments have used the following methods to
                      consider shorelines issues and concerns.
                      Include shorelines areas and resources in inventories. The Growth Management Act
                      requires. local governments to inventory natural resource lands, such as land suitable for
                      long term agriculture and forestry, and critical areas such as wetlands, aquifer recharge
                      areas, and fish and wildlife habitats. Many of these areas are in shoreline areas and local
                      governments will inventory them as a matter of course. Local governments should also
                      consider inventorying other shoreline information such as shoreline master program
                      environment designations and water-dependent and water-related uses.
                      Address shorelines issues and policies in an analysis of trends and issues. Local
                      governments often analyze and forecast community trends when preparing a
                      comprehensive plan. This analysis can help local governments spot problems and
                      opportunities. For example, changes from industrial to commercial uses in shoreline areas
                      may indicate opportunities for shorelines redevelopment and increased public waterfront
                      access. If the area is a deep water shoreline, this trend may also indicate the need to
                      reserve some suitable shorelines as a working waterfront. Local governments generally
                      include the analysis in issue papers or comprehensive plan chapters distributed to citizen
                      advisory committees and planning commissions.
                      Include shorelines factors in land capability or suitability analysis. Local
                      governments often base comprehensiveplan land use designations in part on the physical
                      suitability of land for development. Local governments often consider factors such as soil
                      suitability, water and sewer capacities, street and road capacities, the presence of
                      wetlands, and existing uses. Shoreline factors local governments should consider include
                      shoreline master program environments, flood plains, access to deep water shipping
                      channels, fish and wildlife habitats, and riparian vegetation. Local governments often map
                      these factors on map overlays or use computerized geographic information systems (GIS)
                      to display and analyze these factors.
                      Shorelines Subcommittees. In certain communities shorelines issues can be time
                      consuming but important parts of the comprehensive planning process. Some'
                      communities have established subcommittees of interested persons to consider alternatives
                      and resolve the issues. While subcommittees may require a significant staff commitment,
                      they can be useful.
                      Consult with the Department of Ecology on draft comprehensive plans and draft
                      implementing regulations. The Growth Management Act requires local governments to
                      notify the Department of Community Development sixty days before final adoption of
                      comprehensive plans and implementing regulations. This is a good opportunity to ask the
                      Department of Ecology to review plans and development regulations. This peer review
                      can help a local government address potential problems before adoption. Department of


                      Appendix A                                                                         H-521









               SNT Handbook - 1994 Edition



               Ecology review will make it easier for local governments to amend their shoreline master
               programs to make them consistent with newly adopted comprehensive plans. This is so
               because the Department will have had an opportunity to identify and resolve any problems
               during the comprehensive planning process. The Department of Ecology encourages
               consultation as early in the process as is convenient for local governments.
               The Growth Management Act authorizes state agencies to review and comment on draft
               local government comprehensive plans during the public comment period. The
               Department of Ecology will review and comment on draft comprehensive plans. The
               Department of Ecology will also review and comment on draft environmental impact
               statements prepared for draft comprehensive plans.

               Shoreline Policies and Issues to Incorporate into
               Comprehensive Planning under the Growth
               Management Act

               Use Policies and Issues

               Reserve appropriate shoreline areas for water-dependent, water-related, and
               water-enjoyment uses.
               Summary. Shoreline areas are among Washington state's most attractive development
               sites. The growth pressure facing Washington has been especially strong in shoreline
               areas. This competition for shoreline sites means that local governments should reserve
               areas for uses that require or benefit substantially from waterfront locations.
               The Shoreline Management Act policies designate uses to which local governments are to
               give priority when allocating uses in shoreline areas. The policies in RCW 90.58.020
               provide that in the limited situations when local governments authorize shoreline
               alterations, the following uses shall have priority: single family residences, ports, shoreline
               recreational uses (including parks, marinas, piers, and other public access improvements),
               industrial and commercial uses which require a shoreline location or use shoreline
               resources, and other developments which will provide an opportunity for substantial
               numbers of people to enjoy the shorelines of the state.
               Not all shorelines are suitable for these priority uses. When allocating uses in the
               comprehensive plan and development regulations, local governments should consider the
               policies of the Shoreline Management Act, the suitability of the shorelines for specific
               uses, and community goals.
               For Additional Information. The Shoreline Management Act, including the policies in
               Section 90.5 8.020, the Shoreline Management Guidebook, 1990, and the Urban
               Waterfront Policy Analysis Addenda to the Shoreline Management Guidebook, 1990 (see
               Addendum 2) are available from Peter Skowlund, Management Section, Shorelands and
               Coastal Zone Management Program, Department of Ecology, P. 0. Box 47690, Olympia,
               WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430.



               Appendix A                                                                          H-522








                      SNT Handbook - 1994 Edition



                      Provide for the continued operation and appropriate expansion of existing ports and
                      provide for land uses on adjacent lands which facilitate the operation and expansion
                      of existing ports.
                      Summary. Ports are one of the priority uses established by the Shoreline Management
                      Act. In Washington state, ports are typically located on Puget Sound, the Strait of Juan
                      de Fuca, Grays Harbor, Willapa Bay, and the Columbia River. Efficient ports are
                      essential to the continued growth and development of the Washington state economy.
                      However, the development of new ports has major environmental impacts. New ports are
                      also very costly and may not be competitive with ports outside the state. Providing for the
                      efficient operation of existing ports and the expansion of existing ports when needed to
                      meet increased demand will have significant economic and environmental benefits.
                      Local government comprehensive plans can provide for ports in four ways. First, existing
                      ports in appropriate locations should be designated for continued use as ports and
                      industrial areas and developed for water-dependent and water-related uses. Second, areas
                      within and adjacent to appropriately sited ports should be designated to meet the projected
                      future expansion needs of the port where consistent with the natural resources of the area.
                      Third, the land use designations for lands adjacent to existing appropriately sited ports
                      should be compatible with the noise, glare, dust, and other impacts generated by port
                      activities. Fourth, local government comprehensive plans should protect and enhance rail
                      corridors and truck traffic links to ports so ports remain efficient.
                      For Additional Information. The Shoreline Management Guidebook, 1990, the Urban
                      Waterfront Policy Analysis Addenda to the Shoreline Management Guidebook, 1990 (see
                      Addendum 2), and the -Urban Waterftont Policy Analysis, publication number 87-12, are
                      available from Peter Skowlund, Management Section, Shorelands and Coastal Zone
                      Management Program, Department of Ecology, P. 0. Box 47690, Olympia, WA
                      98504-7690, telephone (206) 438-7430, SCAN 58.5-7430.
                      Protect rural, conservancy, and natural shoreline areas.
                      Summary. Local government shoreline master programs typically designate shorelines
                      areas as one of four or five main shoreline environments. These environments are similar
                      to broad zoning districts in that they contain purpose statements, allowed uses and
                      activities, and development standards.
                      The urban environment is the most intense. It allows the most extensive modification to
                      the shoreline and water. Most ports are within urban or maritime (a type of urban)
                      environments. The suburban environment generally provides for intense shoreline
                      modification, with less in-water types of development. Suburban designations are often
                      oriented towards residential, park, and water-enjoyment uses. Rural environments
                      generally provide for natural resource based uses such as agriculture and forestry and
                      moderate to large lot residential uses. Rural environments generally provide significant.
                      protection for aquatic areas and riparian vegetation. Conservancy environments protect
                      shoreline areas and may allow for aquaculture, low intensity agriculture, and similar
                      natural resource uses on a sustained yield basis. Natural shorelines provide the highest
                      level of resource protection. Only very limited uses, such as passive recreation and



                      Appendix A                                                                            H-523









              SNT Handbook - 1994 Edition



              wildlife preserves, are allowed in most natural environments. Some local governments
              have aquatic environments for large open water areas such as Puget Sound, bays, and
              large lakes when aesthetics, navigation, and fisheries considerations predominate.
              Rural, conservancy, and natural shoreline environments are intended to protect important
              in-water and shoreline habitats. Local governments should periodically review their
              shoreline master programs to ensure important natural resources are identified and
              protected.
              Uses and activities outside of shorelines jurisdiction can have significant negative impacts
              on shoreline resources. Local government comprehensive plans and development .
              regulations can lessen impacts on shorelines by minimizing erosion from land clearing,
              reducing storm water runoff, and designating adjacent lands for compatible uses.
              For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
              Master Program Handbook (see Chapter 6) and WAC 173-16 (see WAC 173-16-040(4)
              for a description of the four major shoreline environments) are available from Peter
              Skowlund, Management Section, Shorelands and Coastal Zone Management Program,
              Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206)
              438-7430, SCAN 585-7430.
              Protect the productive capacity and resource values of urban and suburban
              shorelines.
              Summary. While urban and suburban shoreline environments experience the most intense
              development, they can also have valuable natural resources. Urban and suburban
              shorelines are also important as fish and wildlife migration routes. Salmon and steelhead
              must swim through many urban and suburban shoreline areas on their way from spawning
              beds to the sea and back again. Riparian vegetation and wetlands in urban and suburban
              areas are valuable and should be protected. This is especially true in shorelines of
              state-wide significance where protection of natural resources is Shoreline Management
              Act priority. Uses and activities within and outside of shoreline jurisdiction can have
              significant negative impacts on these valuable natural resources.




















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                           SW Handbook - 1994 Edition







                                                                                Figure 2
                                                   Generalized Comprehensive Planning Process
                                            With Opportunities to incorporate Shoreline Management Act Policies



                                                 Conduct inventories, analyze trends, and prepare"what If' forecasts.
                                                            Include inventory of shoreline areas and resources.
                                                        Include analysis of shoreline trends, concerns, and Issues.


                                              Develop consensus on community future and Identify goals and objective


                                                               Formulate, test, and compare alternatives.
                                       Test against state planning goals (RCW 36.70A.020), state shoreline policies (RCW 90.58.020),
                                   county-wide planning policies, the community's preferred future, and community goals and objectives.
                                                          Some communities conduct SEPA review at this stage.


                                                                  Compare preferred alternative with:
                                       trends, forecasts, state planning goals, state shoreline policies, county-widle planning policies,
                                                  the communities preferred future, and community goals and objectives.


                                                                FPrepare and adjust the pla@n:e@lements.

                                                                    Adopt the comprehensive plan.
                                                Some communities conduct SEPA review at this, stage, before the Vanning
                                                     commission makes a recommendation to the legislative authority.
                                         Consult with state and federal agencies, including the Department of Ecology Shorelands
                                                       Program,during the public comment period before adoption..



                                                 Prepare development regulations to implement comprehensive plan.
                                Development regulations must be consistent with the comprehensive plan and other development regulations.
                                                              Adjust the development regulations as needed.

                                                                F-Adopt the development re:g:u@J@ations.
                                                                                   I
                                                    Implement the plan through public improvements, other incentives
                                                             where appropriate, and development regulations.


                                                        Evaluate and adjust plans and implementing measures.



                                  Source: modified from F. So & J. Getzels, THE PRACTICE OF LOCAL GOVERNMENT PLANNING, 12-13 (1988).








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                Local government shoreline master programs can identify and protect the water and
                shoreline features necessary to protect these resources. Local government comprehensive
                plans and development regulations can lessen the impacts on shorelines by minimizing
                erosion from land clearing, reducing storm water runoff, and designating adjacent lands
                for compatible uses.
                For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
                Master Program Handbook (see Chapter 6) and WAC 173 -16 (see WAC 173-16-040(4)
                for a description of the four shoreline environments) are available from Peter Skowlund,
                Management Section, Shorelands and Coastal Zone Management Program, Department of
                Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206) 438-7430, SCAN
                585-7430.

                Protect sanctuaries and similar areas.

                Summary. Local, state, and federal agencies have designated land and water areas as
                wildlife sanctuaries, wildlife habitat areas, and natural heritage areas. Some rivers are
                state or federal wild and scenic rivers. Private organizations, such as the Nature
                Conservancy and community land trusts, acquire and manage land and water areas for
                similar purposes. Local governments should consider these areas when determining the
                land uses and intensities the comprehensive plans and development regulations will allow
                on nearby lands.

                Protect shoreline visual assets and visual access to the shoreline.
                Summa   ry. Shoreline views are one of the elements that make Washington state a
                desirable place to live. The Shoreline Management Act provides for the protection of
                shoreline views and aesthetics. Local governments may include a design element in their
                comprehensive plans or prepare a separate design plan for the community or part of the
                community. When preparing a design element or design plan, local governments should
                consider protecting shoreline visual assets and providing visual access to the shoreline.
                Typically the policies of a design element or design plan relating to shoreline visual assets
                and visual access can be implemented through specific policies and regulations in the
                community shoreline master program.
                For Additional Information. General information related to shoreline master programs
                and visual assets and visual access may be found in the Shoreline Management
                Guidebook, 1990, Shoreline Master Program Handbook (see Chapter 5) and the Urban
                Waterftont Policy Analysis, June 1986, publication number 87-12, (see Chapter 5) both
                available from Peter Skowlund, Management Section, Shorelands and Coastal Zone
                Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
                98504-7690, telephone (206) 438-7430, SCAN 585-7430.
                Encourage uses and densities on adjacent lands that reinforce the policies of the
                Shoreline Management Act and shoreline master programs.
                Summary. Development outside of shoreline jurisdiction can affect shoreline resources.
                Section 90.58.340 of the Shoreline Management Act requires that local government land
                use policies for lands adjacent to shoreline areas be consistent with the Shoreline
                Management Act and local government shoreline master programs. The Department of


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                       Ecology has defined the term adjacent lands to include "those lands immediately adjacent
                       to and abutting lands under permit jurisdiction extending landward to the extent necessary
                       to control direct and significant impacts to the shorelines and to implement the
                       management policy articulated in the Shoreline Management Act, the guidelines, and the
                       master program. The inland extent will necessarily vary with the particular management
                       objectives for the shoreline setting." Examples of adjacent lands include lands abutting the
                       shoreline jurisdiction area and non-shoreline streams tributary to shoreline waterbodies
                       which affect shoreline water quality.
                       As the definition of adjacent lands indicates, the key criterion for determining if land use
                       policies reinforce the shoreline provisions is whether significant negative impacts are
                       avoided. In making this determination, local governments should consider whether
                       adjacent uses are compatible with shoreline uses and whether development standards are
                       adequate to reduce impacts on shoreline resources.
                       Compatibility includes two elements. First, will uses on adjacent land uses negatively
                       impact shoreline uses or the shoreline environment. These impacts may include noise,
                       glare, traffic, siltation, storm water runoff, or discharges from upland septic systems into
                       water bodies. The second element is whether upland uses will interfere with shoreline
                       uses. For example, residential uses next to a port may prevent the efficient operation of
                      ,port facilities.
                       Development standards can increase compatibility by reducing impacts on shoreline uses
                       and protecting shoreline environments. Providing a sewer system and a storm water
                       collection and treatment system to upland residential areas can make residential areas
                       compatible with shoreline environments sensitive to water pollution. Similarly, industrial
                       performance standards may make certain industrial uses compatible with some
                       conservancy shoreline areas.
                       For Additional Information. General information related to adjacent lands may be
                       found in the Shoreline Management Guidebook, 1990, Shoreline Administrator's Manual
                       (see Chapter 2) available from Peter Skowlund, Management Section, Shorelands and
                       Coastal Zone Management Program, Department of Ecology, P.O. Box 47690, Olympia,
                       WA 985,04-7690, telephone (206) 438-7430, SCAN 585-7430.
                       Plan public utilities and transportation facilities so they reinforce the overall land
                       use pattern and the shoreline environment designations.
                       Summary. An effective land use strategy includes both regulations and incentives. The
                       regulations include zoning, or similar land use controls, sensitive area regulations,
                       subdivision regulations, and shoreline master programs. Incentives include public
                       facilities, such as. water, sewer, storm water, and transportation systems. Providing urban
                       public facilities in areas designated for development and not providing urban public
                       facilities in areas designated for resource use or protection reinforces local government
                       development regulations.







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                The Growth Management Act requires that comprehensive plans direct both development
                regulations and public facilities. In designating the levels and types of public facilities for
                various areas, local governments should consider the Shoreline Management Act policies
                and the policy decisions made in local government shoreline master programs.
                For Additional Information. The Shoreline Management Act (including the policies in
                Section 90.5 8.020) and the Shoreline Management Guidebook, 1990, Shoreline Master
                Program Handbook (see the environment purpose and indent statements and management
                policies in Chapter 6) are available from Peter Skowlund, Management Section,
                Shorelands and Coastal Zone Management Program, Department of Ecology, P.O. Box
                47690, Olympia, WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430.
                Maintain and restore riparian vegetation in shoreline areas and on tributary
                streams and waterways which affect shoreline resources.
                Summary. The Growth Management Act, in RCW 36.70A. 170 and RCW 36.70A. 160,
                requires local governments to designate critical areas, including wetlands, fish and wildlife
                habitat conservation areas, and open space corridors useful for recreation, wildlife
                habitats, and connecting critical areas. RCW 36.70A.060(2) requires local governments
                to protect critical areas.
                The riparian vegetation along rivers and streams is often a critical area. Riparian
                vegetation provides bird and wildlife habitat. Riparian vegetation provides food materials
                which fall into rivers and streams providing food for aquatic organisms. Riparian
                vegetation shades rivers and streams, lowering their temperature. This shade is important
                to fish survival. Riparian vegetation and the streams and rivers often provide corridors for
                fish and wildlife to move between various areas with the seasons and during their life
                cycles. Riparian vegetation is important in both eastern and western Washington. For
                these reasons, local governments should protect riparian vegetation not only on shoreline
                rivers and streams, but also on water bodies which are tributary to shoreline rivers and
                streams.
                The Yakima Greenway Plan protects riparian vegeta     tion, fish and wildlife habitat,
                connects habitat areas, and provides for public access and recreational use of the river.
                The plan is an example of planning for regional shoreline resources. The greenway covers
                Yakima County and several cities.
                For Additional Information. The Shoreline Management Guidebook, 1990, Urban
                Waterftont Policy Analysis Addenda (see Addendum Number 1) is available from Peter
                Skowlund, Management Section, Shorelands and Coastal Zone Management Program,
                Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206)
                438-7430, SCAN 585-7430.
                Use parallel environments and other appropriate methods along waterways to
                protect habitat and recreation areas.
                Summary. One technique to protect riparian vegetation and other types of linear habitats
                is the parallel zone or parallel shoreline environment. A parallel shoreline environment
                designates the river or stream and the adjacent riparian vegetation as conservancy or
                natural. This environment would contain development standards designed to protect


                Appendix A                                                                              H-528









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                      aquatic resources and riparian vegetation. The balance of the shoreline jurisdiction area
                      would be in a shoreline environment which allows more intense development. Zoning can
                      accomplish the same ends by using a riparian protection zone or by designating rivers,
                      streams, and riparian vegetation as an environmentally sensitive area. Local government
                      comprehensive plans should include policies to guide the use of parallel shoreline
                      environments or similar zoning techniques.
                      For Additional Information. The Shoreline Management Guidebook, 1990, Urban
                      Waterftont Policy Analysis Addenda (see Addendum Number 1) is available from Peter.
                      Skowlund, Management Section, Shorelands and Coastal Zone Management Program,
                      Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206)
                      438-7430, SCAN 585-7430.

                      Wetlands Policies
                      Consider state and federal wetland protection policies in shoreline areas, adjacent
                      lands, and wetlands and water courses tributary to shoreline areas which affect
                      shoreline resources.

                      Summary. Protecting wetlands prevents damage to both the human and the natural
                      environment. Wetlands reduce flood damages by storing flood waters and reducing flood
                      peaks. Wetlands prevent erosion by slowing water velocities and buffering uplands from
                      storm waves. Wetlands help maintain water quality by filtering out sediments, nutrients,
                      and other pollutants. Wetlands can serve as aquifer recharge areas, maintaining the
                      quantity of groundwater available for residences, industry, and agriculture. Wetlands
                      pond surface water and then discharge it over a longer period of time, making more
                      surface water available for in-stream uses and out of stream uses such as agriculture.
                      Wetlands provide important fish and wildlife habitat. Wetlands provide communities with
                      open space. Wetlands provide people with recreational opportunities. Filling, draining, or
                      other alterations of wetlands can result in'the loss of these functions.
                      Because of the important functions of wetlands, the Growth Management Act requires all
                      local governments to identify and protect wetlands. The Department of Community
                      Development's Minimum Guidelines (WAC 365-190-080(l)) encourage local
                      governments to follow Washington State Executive Orders 89- 10 and 90-04. The
                      Minimum Guidelines also recommend local governments consider the Department of
                      Ecology's Model Wetlands Protection Ordinance when developing their regulations.
                      The Executive Orders direct state agencies to use their existing authorities to manage and
                      'protect wetlands. Executive Order 89-10 adopted a state agency goal of no net loss of
                      wetland acreage and functions. This means that state agencies   are to prevent the loss of
                      wetlands where possible within their existing authorities. If wetland losses are
                      unavoidable, replacement wetlands are to be provided. The order also directs state
                      agencies to use their existing authorities to encourage a long term gain in wetland
                      resources.
                      The Executive Orders directed the Department of Ecology to prepare a Model Wetlands
                      Protection Ordinance. The key elements of the Model Wetlands Protection Ordinance
                      include wetland protection goals, the Washington State four tiered wetland rating system,


                      Appendix A                                                                            H-529









               SMIP Handbook - 1994 Edition



               a mitigation policy with specific replacement mitigation ratios, buffer standards, and
               density transfer provisions allowing wetland owners to increase the density allowed on
               their upland areas. The Department of Ecology also recommends that wetland programs
               include public education, incentives (such as open space taxation) to encourage private
               wetland retention, restoration of wetlands, and public acquisition of key wetlands for open
               space and other uses.
               The Puget Sound Water Quality Authority, in Element W-4.1 of the 1991 Puget Sound
               Water Quality Management Plan, recommends that local governments in the Puget Sound
               Basin adopt comprehensive wetland protection programs. These programs include
               designating wetlands for protection in land use plans; encouraging wetlands preservation
               through public acquisition, land trusts, and encouraging private owners to maintain
               wetlands; restoring degraded wetlands; education; and wetlands regulations which include
               a goal of no net loss, a wetlands rating system, mitigation requirements, and wetland
               buffer zones.
               The local government comprehensive planning under the Growth Management Act is an
               opportunity to establish consistent wetland protection provisions for the community.
               Local governments determine their wetland policies in the comprehensive plan. Their
               development regulations will then implement these policies. Local governments may
               choose to include wetland protection provisions in a zoning ordinance, a sensitive areas
               ordinance, a separate wetland protection ordinance, or some other document. The
               department encourages local governments to make the wetland protection regulations in
               their shoreline master programs consistent with their other wetland protection provisions
               where these provisions comply with the minimums required under the Shoreline
               Management Act. Integrating sensitive areas ordinances and shoreline master programs is
               described on pages 44 and 45 of this paper.
               For Additional Information. The Model Wetlands Protection Ordinance can be
               obtained free from Peggy Clifford, Wetlands Section, Shorelands and Coastal Zone
               Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
               98504-7690, telephone (206) 459-6916, SCAN 585-6916.
               The following publications are available from the Publications Office, Department of
               Ecology, P. 0. Box 47600, Olympia, Washington, 98504-7600, telephone (206)
               438-7474. Washington's Wetlands, publication number 88-24, free; Wetlands Regulations
               Guidebook, publication number 8 8-25, free; Wetlands Preservation: An Information and
               Action Guide, publication number 90-5, free; Washington Hydric Soils Guidebook,
               publication number 90-20, free; At Home with Wetlands: A Landowners Guide,
               publication number 90-3 1, free; A Guide to Conducting Wetlands Inventories, publication
               number 89-60, $16.00.
               The Wetlands Section loans wetland education video tapes and traveling displays on
               wetlands to local governments. Call (206) 438-7538 or (206) 459-6674 for information.
               The Wetlands Section provides technical assistance to local governments. The Wetlands
               Section can perform wetland site evaluations, provide expert testimony at local hearings
               and in legal proceedings, help develop wetland protection policies and ordinances, and



               Appendix A                                                                             H-530








                        SNT Handbook - 1994 Edition



                        provide training for wetland identification and boundary delineation. Contact Bill
                        Leonard, Wetlands Section, Shorelands and Coastal Zone Management Program,
                        Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690,'telephone (206)
                        438-7161, SCAN 585-7161.
                        As part of this year's triennial review of the Washington State's surface water quality
                        standards, the Department of Ecology proposed adopting water quality criteria specifically
                        designed to protect wetlands. These proposals include adding wetlands to the definition
                        of the surface waters of the state, including a definition of wetlands, identifying
                        characteristic uses of wetlands, and adopting narrative and numeric water quality criteria
                        to protect these uses. A wetlands mitigation section is also included in the proposed
                        standards. The proposed standards will apply to Clean Water Act - 401 certifications,
                        National Pollution Discharge Elimination System (NPDES) permits, water quality
                        standard modification permits, and all other current applications of surface water quality
                        standards. For more information contract Perry Lund, Wetlands Section, Shorelands and
                        Coastal Zone Management Program, Department of Ecology, P.O. Box 47690, Olympia,
                        WA 98504-7690, telephone (206) 493-9405, SCAN 585-9405.
                        The Shoreline Management Guidebook, 1990, Shoreline Master Program Handbook
                        includes model wetland policies in Chapter 5. The Shoreline Management Guidebook is
                        available from Peter Skowlund, Management Section, Shorel       ands and Coastal Zone
                        Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
                        98504-7690, telephone (206) 438-7430, SCAN 585-7430.
                        Element W-4.1 of the 1991 Puget Sound Water Quality Management Plan is available
                        from Steve Tilley, Puget Sound Water Quality Authority, P. 0. Box 40900, Olympia, WA
                        98504-0900, telephone (206) 439-9300, 1-800-54-SOUND, or SCAN 585-9300.
                        Consider the impacts of vertical land movement and sea level rise on coastal and
                        Puget Sound wetlands including the need to provide migration buffers for these
                        wetlands.
                        Summary. Vertical land movement is the change in the elevation of the land surface due
                        to geological change. In Washington State, the north and south coast areas are rising and
                        the central coast areas are stable or subsiding slightly. - In the Puget Sound region, the
                        Bellingham and San Juan Island areas are stable. The rest of Puget Sound is subsiding
                        with the rate increasing from the northwest to the southeast. The greatest local rate of
                        subsidence is at Tacoma. The land along the north side of the lower Columbia is rising.
                        In areas where subsidence is occurring, the relative sea level is rising.
                        Global warming is likely to accelerate sea level rise in the 21st Century. The combination
                        of vertical land movement and accelerated sea level rise will have substantial effects on
                        coastal and Puget Sound wetlands. As the sea level rises, wetlands in estuaries and river
                        deltas become flooded. Some wetlands will become open water areas. Others will change
                        in type from less salty to more salty wetlands. Increased erosion from higher tides will
                        reduce wetlands. If buffers are provided adjacent to wetlands, wetlands will migrate up
                        slope. This will allow wetlands to continue their shore   protection and fish and wildlife
                        habitat functions. If migration buffers are not provided, wetland losses will accelerate.




                        Appendix A                                                                                 H-531









                SMP Handbook - 1994 Edition



                Local governments should consider providing wetland migration buffers in their land use
                plans, development regulations, and shoreline master programs.
                For Additional Information. Sea Level Rise in Washington State:
                State-of-the-Knowledge, Impacts, and Potential Policy Issues is available from Douglas
                J. Canning, Planning Section, Shorelands and Coastal Zone Management Program,
                Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206)
                459-6785, SCAN 585-6785.
                Protect kelp and eelgrass beds.
                Summary. Kelp and eelgrass beds are important habitats and food sources for aquatic
                organisms. These beds are found in intertidal and submerged areas of Puget Sound, the
                Pacific Ocean, Grays Harbor, Willapa Bay, and the Columbia River estuary. The Growth
                Management Act requires that kelp and eelgrass beds be included in inventories of critical
                areas. The local government shoreline master program is the most appropriate mechanism
                to protect and manage kelp and eelgrass beds.
                For Additional Information. Department of Community Development, PlanningData
                Sourcebookfor Resource Lands and Critical Areas, 1990, Section on Kelp and Eelgrass,
                pages 141-46.

                Shoreline Public Access

                Provide public access to the shorelines.
                Summary. Well designed public, shoreline access can have significant public and private
                benefits. Public shoreline access can help meet local recreational needs. Public shoreline
                access can help increase public support for water quality improvements by showing local
                residents the benefits of improved water quality. Public shoreline access can help reduce
                congestion and excessive use pressure on beaches and waterways by allowing the use of
                additional areas. Public shoreline access can encourage the revitalization of blighted
                waterfront areas. Public shoreline access can attract customers to private businesses, such
                as restaurants and hotels.

                Many local governments have included policies encouraging or requiring public shoreline
                access in their comprehensive plan, a shoreline access plan, or a public trails plan. Local
                governments also include policies describing the public shoreline access areas they will
                purchase in these plans. Often these public access policies provide that sites should be
                connected to walking and biking trails. Local governments should consider public
                waterfront access when preparing their comprehensive plans.
                For Additional Information. The Shoreline Public Access Handbook, February 1990,
                publication number 90-6, is available from James Scott, Planning Section, Shorelands and
                Coastal Zone Management Program, Department of Ecology, P.O. Box 47690, Olympia,
                WA 98504-7690, telephone (206) 459-6781, SCAN 585-6781. The            -Shoreline
                Management Guidebook, 1990, Shoreline Master Program Handbook (see Chapter 5)
                and the Urban Waterftont Policy Analysis, June 1986, publication number 87-12, (See
                Chapter 4) are available from Peter Skowlund, Management Section, Shorelands and



                Appendix A                                                                              H-532








                       SMY Handbook - 1994 Edition



                       Coastal Zone Management Program, Department of Ecology, P.O. Box 47690, Olympia,
                       WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430.

                       Flood Plain Policies

                       Consider state and federal flood plain policies in shoreline areas, adjacent lands, and
                       water courses tributary to shoreline areas which affect shoreline resources.
                       Summary. The Growth Management Act requires that local governments identify and
                       protect frequently flooded areas. The Department of Community Development's
                       Minimum Guidelines (WAC 365-190-080(3)) require local governments to identify, at a
                       minimum, the Federal Emergency Management Agency designated I 00-year flood plain.
                       RCW` 86.16 requires local governments to prepare flood plain regulations which meet the
                       minimum requirements of the Federal Flood Insurance Program and RCW 86.16.04 1. The
                       local government then provides a copy of the regulations to the Flood Plain Management
                       Section of the Washington State Department of Ecology for approval. The Flood Plain
                       Management Section must also review amendments to these regulations. Nearly all
                       jurisdictions with flood plain areas have adopted the minimum required regulations. The
                       state requirements are n@iinimums and local government flood plain regulations may exceed
                       these requirements.
                       For Additional Information. Chapter 86.16 RCW, Chapter 173-158 WAC, the Model
                       Flood Plain Management Ordinance, and the Federal Flood Insurance Program regulations
                       are available from the Flood Plain Management Section, Shorelands and Coastal Zone
                       Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
                       98504-7690, telephone (206) 459-6796, SCAN 585-6796.
                       Consider Comprehensive Flood Control Management Plans prepared under the
                       Flood Control Assistance Account Program (FCAAP).
                       Summary. The Growth Management Act, in RCW 36.70A.070(l), requires that local
                       governments review drainage, flooding, and storm water runoff issues in their
                       comprehensive plan land use elements. The Growth Management Act, in RCW
                       36.70A.070(3), also requires local governments to inventory  .existing capital facilities and
                       forecast future capital facilities needs.
                       The Washington State Flood Control Assistance Account provides grants to local
                       governments to repair and improve public flood control facilities. Local governments
                       must be preparing or must have completed a Comprehensive Flood Control Management
                       Plan to be eligible for Flood Control Assistance Account grants. Flood Control
                       Assistance Account grants can also fund the preparation of Comprehensive Flood Control
                       Management Plans.
                       The goal of Comprehensive Flood Control Management Plans is to reduce flood damages.
                       Comprehensive Flood Control Management Plans typically include technical data on flood
                       frequencies and damages, areas subject to flood hazards, the meander belts of rivers,
                       non-structural alternatives, and other technical data. Local governments may find this
                       data useful in designating critical areas, identifying areas suitable for development in
                       comprehensive plans, and preparing land use elements under the Growth Management


                       Appendix A                                                                            H-533









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               Act. Comprehensive Flood Control Management Plans may also include local government
               policy decisions on areas that should be developed, the intensity of development, and
               improvements required to protect flood prone areas from flood damages. Local
               governments should integrate these policy decisions into the land use and capital facilities
               elements of their comprehensive plans. The most effective strategy is to discourage
               development in flood prone areas. In addition, Comprehensive Flood Control
               Management Plans should be consistent with adopted comprehensive plans.
               The Shoreline Management Act encourages local governments to include optional flood
               damage reduction elements in their shoreline master programs. If local governments have
               adopted flood damage reduction elements, they should consider the policy decisions in the
               element when preparing comprehensive plans under the Growth Management Act.
               For Additional Information. The Flood Plain Management Section maintains a list of
               jurisdictions which have prepared Comprehensive Flood Control Management Plans.
               Contact: Flood Plain Management Section, Shorelands and Coastal Zone Management
               Program, Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone
               (206) 459-6792, SCAN 585-6792; (206) 459-6796, SCAN 585-6796; and (206)
               438-7569, SCAN 585-7569. Comprehensive Planningfor FloodHazards Management,
               Publication Number 91-44, is available from Marcia Geidel, Flood Plain Management
               Section, Shorelands and Coastal Zone Management Program, Department of Ecology,
               P.O. Box 47690, Olympia, WA 98504-7690, telephone (206) 459-6792, SCAN 585-6792.

               Water Quality Policies
               Consider river basin plans as they apply to shoreline areas, adjacent lands, and
               water courses tributary to shoreline areas which affect shoreline resources.
               Summary. The Growth Management Act, in RCW 36.70A.070(l), requires that local
               governments include water quality protection measures, including measures to protect and
               improve Puget Sound water quality, in their comprehensive plan land use elements. Local
               governments and state agencies may have prepared basin and other water quality plans
               describing water quality problems in your jurisdiction and recommending actions.
               Considering these plans can help reduce the cost and complexity of comprehensive
               planning under the Growth Management Act.
               Puget Sound local governments have prepared Early Action NatershedNon-point Source
               ControlAction Plans. Puget Sound local governments are also preparing Watershed
               Action Plans on an ongoing basis. The Hood Canal Coordinating Council, which includes
               the local governments with jurisdiction over Hood Canal, prepared the Hood Canal
               Management Plan. The Nisqually River Task Force prepared the Nisqually River
               Management Plan. Other local governments have prepared basin and sub-basin plans
               funded with EPA/Department of Ecology Section 2050) grants and Department of
               Ecology Centennial Clean Water Fund grants.
               Pacific County shows how water quality plans can help in preparing comprehensive plans
               under the Growth Management Act. Pacific County prepared the Willapa Bay Water
               Resource Management Plan in cooperation with those who use the bay and lands within



               Appendix A                                                                           H-534









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                      the basin. The county is incorporating applicable policies from the plan into its
                      comprehensive planning under the Growth Management Act.
                      For Additional Information. For information on jurisdictions which have prepared basin
                      plans contact Dayl Ann Stratton, Water Quality Management Section, Water Quality
                      Program, Department of Ecology, P. 0. Box 47600, Olympia, WA 98504-7600,
                      telephone (206) 438-7065, SCAN 585-7065.
                      The Puget Sound Water Quality Authority maintains a list ofjurisdictions which have
                      prepared Early Action Watershed Non-point Source Control Action Plans and Watershed
                      Action Plans. Contact Kathy Minsch, Puget Sound Water Quality Authority, P. 0. Box
                      40900, Olympia, WA 98504-0900, telephone (206) 493-9300, 1-800-54-SOUND, or
                      SCAN 585-9300.

                      Consider land clearing and soil disturbance controls and non-point runoff control
                      measures for shoreline areas, adjacent lands, and streams and waterways which
                      affect shoreline resources.

                      Summary. Many of the river basin plans recommend that local governments adopt land
                      clearing, erosion control, and other non-point pollution controls to protect surface and
                      ground water quality. Adoption of these measures in land use elements and development
                      regulations can help local governments comply with the Growth Management Act. RCW
                      36.70A.070(l) of the Growth Management Act requires that local comprehensive plan
                      land use elements review storm water run-off and provide for water quality protection
                      measures, including measures to protect and improve Puget Sound water quality.
                      For Additional Information. Information on Best Management Practices (BMPs) for
                      erosion control is available from Helen Pressley, telephone (206) 43 8-7089, SCAN
                      585-7089, or Pat Hartingan, telephone (206) 493-9454, SCAN 585-9454. Address:
                      Stormwater Unit, Water Quality Program, Department of Ecology, P. 0. Box 47600,
                      Olympia, WA 98504-7600.
                      The Puget Sound Water Quality Authority's Managing Non-Point Pollution: An
                      Management Action Planfor Puget Sound Watersheds, can be obtained from Kathy
                      Minsch, Puget Sound Water Quality Authority, P. 0. Box 40900, Olympia, WA
                      98504-0900, telephone (206) 493-9300, 1-800-54-SOUND, or SCAN 585-9300. This
                      handbook contains information on the sources of non-point water pollution and strategies
                      local governments can use to prevent non-point pollution.
                      If additional water quality planning is needed, the Centennial Clean Water Act grant
                      program and the EPA/Department of Ecology 2050) Water Quality Planning Grant
                      program may be able to provide funds. The programs are described in Section V
                      beginning on page 47.
                      Consider the Department of Ecology/Puget Sound Water Quality Authority storm
                      water regulations for Puget Sound.
                      Summary. In addition to complying with the Growth Management Act's water quality
                      provisions, Puget Sound local governments will soon have to comply with the Department
                      of Ecology's and Puget Sound Water Quality Authority's Puget Sound Storm Water



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                Program. The Federal Water Pollution Control Act requires states to regulate storm
                water discharges from large communities. The Department of Ecology and the Puget
                Sound Water Quality Authority are preparing regulations to implement this federal
                requirement and the Puget Sound Water QualiV Management Plan. The proposed
                regulations require Puget Sound local governments to adopt requirements to control
                storm water runoff from new development and redevelopment. Local governments should
                consider incorporating these provisions into comprehensive plans, development
                regulations, and shoreline master programs.
                For Additional Information. Information on the Puget Sound Stormwater Program is
                available from Peter Birch, telephone (206) 438-7076, SCAN 438-7076. A model
                ordinance for complying with the Puget Sound Stormwater Program requirements will be
                available in early 1992 from Ann Wessel, telephone (206) 438-7077, SCAN 585-7077, or
                Melanie Vorass, telephone (206) 438-7058, SCAN 585-7058. The address for all of the
                above is: Storm water Unit, Water Quality Program, Department of Ecology, P. 0. Box
                47600, Olympia, WA 98504-7600.
                Information on the Puget Sound Stormwater Program is also available from Kevin
                Anderson, Puget Sound Water Quality Authority, P. 0. Box 40900, Olympia, WA
                98504-0900, telephone (206) 493-9300, 1-800-54-SOUND, or SCAN 585-9300.
                Consider the cumulative impacts of discharges to surface and ground water in
                comprehensive plans.
                Summary. During the comprehensive planning process, local governments should
                consider the cumulative effects of discharges to surface and ground water bodies from
                development. This analysis can be done when preparing plans, comparing comprehensive
                plan alternatives, or during State Environmental Policy Act (SEPA) review of a
                comprehensive plan. While many individual surface water discharges require state
                National Pollution Discharge Elimination System (NPDES) permits, the permits are issued
                on a case-by-case basis. In addition, regulated discharges combine with unregulated
                discharges. The comprehensive planning process provides the opportunity to consider the
                cumulative effects of development on surface and ground water. Surface water discharges
                include storm water runoff, sewage treatment plants discharges, and industrial and
                commercial point discharges. Ground water discharges include storm water runoff and
                on-site septic systems.
                After considering the cumulative effects of surface and ground water discharges, local
                governments may decide to provide additional public facilities to sensitive sites or to
                reduce the land area allocated to uses which produce high levels of surface or ground
                water discharges. For example, local governments may decide to extend sewer and storm
                water collection and treatment systems to serve areas with a high potential for adverse
                impacts on ground water. Based on preliminary analysis, local governments may also
                identify a need for additional water pollution control planning.
                For Additional Information. If additional water quality planning is necessary for a
                jurisdiction, funding may be obtained from the Centennial Clean Water Act grant. program
                and the EPA/Department of Ecology 2050) Water Quality Planning Grant program. The
                programs are described in Section V beginning on page 47.


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                        Consider Ground Water Management Area Plans as they apply to shoreline areas,
                        adjacent lands, and water courses tributary to shoreline areas which affect shoreline
                        resources.
                        Summary. The Growth Management Act, in RCW 36.70A..170 and RCW 36.70A.060,
                        requires local governments to identify and protect aquifer recharge areas. The Growth
                        Management Act, in RCW 36.70A-070, also requires local governments to protect ground
                        water quality and quantity in the land use elements of local comprehensive plans.
                        The Department of Ecology, in cooperation with local governments, is preparing 15
                        Ground Water Management Area Plans in the Puget Sound basin, Blaine in Whatcom
                        County, Clark County, the Methow Valley, and Deer Park in Spokane County. Ground
                        Water Management Area Plans identify the extent of the aquifer, the aquifer recharge area,
                        threats to the aquifer, and measures to protect the aquifer. These plans can help local
                        governments meet their Growth Management Act responsibilities. For example, Island
                        County is using a recently completed Ground Water Management Area Plan to identify
                        and protect aquifer recharge areas. Local governments should consult any plan prepared
                        or in process for their jurisdiction.
                        For Additional Information. Information on Ground Water Management Area Plans
                        can be obtained from Doug Ruston, Water Resources Program, Department of Ecology,
                        P. 0. Box 47600, Olympia, WA 98504-7600, telephone (206) 459-6120, SCAN
                        585-6120.


                        Public Trust Doctrine

                        Consider incorporating public trust doctrine concepts and public trust uses as
                        appropriate.
                        Summary. The public trust doctrine applies to tidelands and other navigable waters
                        granted to the state by the federal government at statehood. The public trust doctrine
                        Emits the use of these tidelands and shorelines to uses compatible with public trust uses.
                        Public trust uses include navigation, fishing, boating, swimming, water skiing, and other
                        related recreational uses. Local govemments and the state may authorize uses which
                        would affect the public trust uses through the Shoreline Management Act under certain
                        circumstances. It is also possible that state courts will extend the reach of the public trust
                        doctrine to other areas, as have courts in other states.
                        Local governments should consider incorporating public trust doctrine concepts into their
                        comprehensive plans, development regulations, and shoreline master programs to reduce
                        the chances that regulating the areas to which the public trust doctrine applies may be
                        found to be takings and to promote public trust uses. The term "taking" refers to a court's
                        finding that a land use regulation violates the state or federal constitution. In Orion Corp.
                        v. Washington, 109 Wash. 2d 621, 747 P.2d 1062 (1987), the Washington State Supreme
                        Court held that to determine whether a local shoreline master program had resulted in a
                        taking, the uses prohibited by the master program had to be uses allowable under the
                        public trust doctrine. If the prohibited uses were incompatible with the public trust
                        doctrine, then the local and state governments had not taken private property rights.



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               Local governments can include the public trust doctrine in two ways. First, local
               governments can include regulations to provide for and protect public trust uses in
               shoreline master programs and local development regulations. Second, local governments
               can including policy statements in their comprehensive plan and shoreline master program
               policies providing that the development regulations which advance public trust doctrine
               interests are intended to implement the doctrine.
               For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
               A&ninistrator's Manual, (See Chapter 1) is available from Peter Skowlund, Management
               Section, Shorelands and Coastal Zone Management Program, Department of Ecology,
               P.O. Box 47690, Olympia, WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430.

               Shoreline Redevelopment and Restoration
               Encourage the revitalization of blighted urban waterfronts.
               Summary. Industrial land requirements have undergone substantial change in the past
               decades. Changes in nearby land uses have affected certain sites suitability for industrial
               uses. These and other changes in land use patterns have resulted in blighted urban
               waterfronts. Increased demands for public access to the water and water-enjoyment uses
               have resulted in uses that can help revitalize certain blighted areas. In prepanng
               comprehensive plans, local governments should consider the revitalization potential of
               blighted urban waterfronts.
               Revitalizing blighted urban waterfronts may require analysis and policy guidance on
               coordinated public and private investments beyond the scope of the comprehensive plan.
               Many local governments, including Bremerton, Bellingham, Clarkston, Hoquiam, Pasco,
               Port Orchard, Raymond, Richland, Tacoma, and Vancouver have prepared urban
               waterfront revitalization plans. These plans focus on revitalizing and increasing public
               access to urban waterfronts.
               For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
               Master Program Handbook, Urban Waterftont Policy Analysis Addenda, Addendum
               Number 4 and the Urban Waterftont Policy Analysis, June 1986, publication number
               87-12, (See Chapter 5) are available from Peter Skowlund, Management Section,
               Shorelands and Coastal Zone Management Program, Department of Ecology, P.O. Box
               47690, Olympia, WA 98504-7690, telephone (206) 438-7430, SCAN 585-7430.
               Encourage the restoration of damaged shoreline areas.
               Summary. Some shoreline areas have been degraded by past activities. Examples
               include former industrial waterfronts, silt damaged streams, and eutrophic lakes.
               Local government comprehensive plans can promote voluntary resto ration efforts such as
               the Adopt-A-Stream and Adopt-A-Beach programs. These programs encourage
               individuals and groups to restore streams and beaches by removing trash and
               reconstructing damaged habitat. Some local governments have staff working with
               volunteers on these programs. Local government comprehensive plans can identify
               certain public beaches, streams, and waterways for publicly funded restoration. Local
               government comprehensive plans or shoreline master programs can include policies


               Appendix A                                                                       H-538









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                      encouraging or requiring private restoration of shorelines when certain types of shoreline
                      development occur.
                      For example, Thurston County is using U.S. Fish and Wildlife Service Conservation
                      Ecosystem Program grant funds to help private landowners restore streams in south
                      Thurston County. The City of Tacoma acquired land for parks and walkways and
                      restored the shoreline as part of the Ruston Way redevelopment plan.
                      For Additional Information. Information on the Adopt-A-Stream and Adopt-A-Beach
                      programs is available from the Adopt-A-Stream Foundation, Post Office Box 5558,
                      Everett, Washington, 98206, telephone (206) 338-3487.
                      The Flood Control Assistance Account Grant program can fund restoration projects which
                      are part of projects to restore stream flood carrying capacity or to maintain other types of
                      public flood control works. See Section V on page 47 below.
                      The Centennial Clean Water Act grant program can fund projects with a primary focus on
                      water quality improvement which have restoration components. See Section V on page
                      47.
                      The U.S. Fish and Wildlife Service Conservation Ecosystem Program provides funds to
                      create wetland and riparian habitats on private land. The program can fund up to 30
                      percent of the project cost. Some of the match can be in-kind services and donations.
                      The property on which the habitat is created must be covered by a ten year conservation
                      easement. For more information contact the Conservation Ecosystem Program, U.S. Fish
                      and Wildlife Service, 3704 Griffin Lane South East, Suite 102, Olympia, Washington'
                      98501-2192, telephone (206) 753-9440.

                      Master Planned Resorts

                      Designate master planned resorts in locations consistent with the shoreline master
                      program, the maintenance and enhancement of shoreline resources, and the
                      revitaUation of blighted shorelines.
                      Summary. The 1991 amendments to the Growth Management Act allow counties
                      planning under the Growth Management Act (RCW 36.70A) to allow new master planned
                      resorts outside of urban growth areas. Because of the amenities of shoreline areas, some
                      of these resorts are likely to be sited within shoreline jurisdiction. Master planned resorts
                      also have the potential to help restore blighted shoreline areas. When developing
                      comprehensive plan policies, designating potential sites, and siting these resorts, local
                      governments should consider shoreline master programs and the maintenance and
                      enhancement of shoreline resources.

                      For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
                      Master Program Handbook, (see Chapter 7) and the Shoreline Yanagement Guidebook,
                      1990, Urban Waterftont Policy Analysis Addenda (see Addendum Numbers 1, 3, and 4)
                      available from Peter Skowlund, Management Section, Shorelands and Coastal Zone
                      Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
                      98504-7690, telephone (206) 438-7430, SCAN 585-7430.




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              Urban Growth Areas

              Local governments should include appropriate urban and suburban shoreline
              environments within urban growth areas. Local governments should exclude
              extensive areas of conservancy and natural shorelines from urban growth areas.
              Local governments should redesignate appropriate shorelines as rural, conservancy,
              and natural shorelines.
              Summary. The Growth Management Act, in RCW 36.70A.110, requires counties
              planning under RCW 36.70A to designate urban growth areas. Local governments should
              include appropriately designated urban and suburban shorelines needed to meet the
              demands for urban land within urban growth areas. Local governments should generally
              exclude extensive areas of conservancy and natural shorelines from urban growth areas.
              After setting urban growth areas, local governments should consider redesignating urban
              and suburban shoreline environments outside urban growth areas to a more appropriate
              environment, such as rural or conservancy. For salt water counties, Coastal Zone
              Management Act grants can help fund this effort. The Coastal Zone Management Act
              grant program is described in Section V on page 48.
              Where shorelines have important recreational, habitat, wildlife corridor, or other natural
              resource values, local governments should designate the waterbody, wetlands, and the
              riparian vegetation strip conservancy or natural, even if it is within an urban growth area.
              Local governments should consider designating these areas as natural resource and
              recreation areas under Section 36.70A. 160 of the Growth Management Act. Local
              governments should use parallel environments where appropriate to protect important
              shoreline resources.

              For Additional Information. The Shoreline Management Guidebook, 1990, Shoreline
              Master Program Handbook (See Chapter 6) and the Shoreline Management Guidebook,
              1990, Urban Waterftont Policy Analysis Addenda (see Addendum Number 1) are
              available from Peter Skowlund, Management Section, Shorelands and Coastal Zone
              Management Program, Department of Ecology, P.O. Box 47690, Olympia, WA
              98504-7690, telephone (206) 438-7430, SCAN 585-7430.

              Coastal Hazards

              Summary. The Growth Management Act, in RCW 36.70A. 170 and 36.70A.060,
              requires all local governments to identify geologically hazardous areas and adopt
              development regulations to minimize the affect of geologically hazardous areas on
              development. The Department of Community Development Minimum Guidelines, WAC
              365-190-080(4), define geologically hazardous areas to include areas subject to erosion,
              landslide hazards, and damage from earthquake caused slope failures.
              When identifying geologically hazardous areas, local governments should consider
              shoreline erosion, slope stability, and seismic risk. Depending on the degree of risk, local
              governments should preclude development, require special engineering solutions, or
              designate areas for lower development densities.




              Appendix A                                                                       H-540








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                       Local governments should provide for setbacks for clearing and grading and construction
                       from the top of unstable slopes based on the degree of instability plus a margin of error.
                       For eroding shorelines, local governments should provide for setbacks from eroding
                       shorelines based on a formula of fifty times the annual average erosion rate plus a margin
                       of safety, and discourage shoreline hardening such as the construction of bulkheads or the
                       placement of riprap.
                       Local governments should also consider the existing rate of vertical land movement in the
                       requirements for the engineering and construction of coastal facilities and land uses. They
                       should also consider accelerated sea level rise in conceptual planning f6r coastal facilities
                       and land uses. The terms vertical land movement and accelerated sea level rise are defined
                       in Appendix 1. Current trends in vertical land movement and accelerated sea level rise are
                       described on page 22 of this paper.
                       For Additional Information. Marine Shoreline Erosion: Structural Property Protection
                       Methods, 199 1; Shoreline Bluff and Slope Stability: Management Options, 199 1; Coastal
                       Accretion and Erosion in Southwest Washington State: 19 77-198 7, 1990, Ecology Report
                       Number 90-2 1; Yhe Effect of Seawalls and Other Hard Erosion Protection Structures
                       upon Beaches (an annotated bibliography and summary), 1990; Sea Level Rise in
                       Washington State: State-of-the-Knowledge, Impacts, and Potential Policy Issues (which
                       provides technical information on sea level rise), 1990; Sea Level Rise Policy Alternatives
                       Study: Volume 1, Alternative Policy Responsesfor Accelerated Sea Level Rise and 7heir
                       Impacts and Volume 2, An Analytical Review of State and Federal Coastal Management
                       Systems and Policy Responses to Sea Level Rise, 1990, Ecology Report Number 90-40
                       (which provides policy alternatives); and Sea Level Rise Planning, Engineering, and
                       Construction Policiesfor Shorelands-Funded Projects, 1990; are available from Douglas
                       J. Canning, Planning Section, Shorelands and Coastal Zone Management Program,
                       Department of Ecology, P.O. Box 47690, Olympia, WA 98504-7690, telephone (206)
                       459-6785, SCAN 585-6785. Mr. Canning also has a list of-additional Department of
                       Ecology reports on coastal erosion and sea level rise.
                       Copies of the Washington Coastal Zone Atlas may be reviewed in most Puget Sound
                       county Planning Department or Public Works Department offices and larger Puget Sound
                       public libraries.
                       The Puget Sound Water Quality Authority prepared the Puget SoundAtlas in 1987. The
                       Puget SoundAtlas is available in most county Planning Departments or Public Works
                       Departments and larger Puget Sound public libraries. The Puget. Sound Water Qual        ity
                       Authority is currently updating the Puget SoundAtlas. The atlas was completed in June
                       1992 and update copies sent to all current holders of the atlas. For an updated copy of the
                       Puget SoundAtlas please contact the Puget Sound Water Quality Authority, P. 0. Box
                       40900, Olympia, WA 98504-0900, telephone (206) 493-9300, 1-800-54-SOUND, or
                       SCAN 585-9300.










                       Appendix A                                                                               H-541









               SW Handbwk - 1994 Edition


               Methods of Integrating Comprehensive
               Plans, Shoreline Master Programs, and
               Development Regulations

               Avoiding Conflicts Between Plans, Development
               Regulations, and Shoreline Master Programs

               Consistent comprehensive plans, development regulations, functional plans, and shoreline
               master programs will result in more consistency and predictability for property owners,
               ensure that community goals are achieved, and encourage coordination between local
               government agencies and local and state governments. The Department of Ecology
               encourages local governments to make their shoreline master programs consistent with
               adopted comprehensive plans which adequately address shoreline policies and issues.
               Conflicts between comprehensive plans, shoreline master programs, and development
               regulations can be reduced by consciously assigning responsibility between the land use
               documents. The community decides the function of each of the documents in the
               community's land use guidance system. This allocation will vary from community to
               community. A good allocation meets the communitys needs, eliminates needless
               duplication between documents, and results in consistent policies and regulations.
               Comprehensive plans often describe the relationship between the community's various land
               use documents and their functions.

               Preparation of the Comprehensive Plan
               Under the Growth Management Act, the local government comprehensive plan is the key
               to a consistent and predictable land use guidance system. Local and state government
               decisions on regulations and incentives are based on the comprehensive plan.
               In preparing the comprehensive plan, local governments should consider incorporating the
               policies of the Shoreline Management Act and the policy decisions made in their current
               shoreline master program in their comprehensive planning processes. Section HI of this
               paper beginning on page 10 describes ways local governments can include shoreline issues
               and policy decisions into the comprehensive planning process.

               Evaluate Interim Development Regulations for Consistency and Update
               or Prepare New Development Regulations
               After preparing the comprehensive plan, RCW 36.70A.060 of the Growth Management
               Act requires local governments to review natural resource lands and critical areas
               designations and interim development regulations for consistency with the comprehensive
               plans. The Growth Management Act, in RCW 36.70A. 120, also requires local
               governments to prepare development regulations to implement the adopted comprehensive


               Appendix A                                                                             H-542








                      SMY Handbook - 1994 Edition



                      plans. The development regulations must be consistent with the comprehensive plan. In
                      some cases this will involve updating existing development regulations. In other cases,
                      new development regulations may be required.
                      Local governments may regulate developments through various provisions including
                      shoreline master programs, zoning ordinances, subdivision regulations, Washington State
                      Environmental Policy Act (SEPA) regulations, sensitive area ordinances (SAOs), wetland
                      protection ordinances, flood hazard regulations, and building codes. Local governments
                      should evaluate these regulations to ensure they are consistent with the comprehensive
                      plan and accomplish the functions the comprehensive plan specifies for each document.
                      Local governments should also compare these regulations to ensure they are consistent
                      with each other. Unnecessary duplication may be eliminated by combining regulations and
                      deleting duplicative requirements from some documents and then. cross referencing
                      provisions in another document.
                      For example, some local governments include their wetland protection regulations in their
                      sensitive area ordinances. The sensitive area ordinance can be included in the general
                      provisions of their zoning ordinances. The shoreline master program then includes
                      wetland protection policies and regulations specific to the areas within,shoreline
                      jurisdiction. These may include provisions to protect kelp and eelgrass beds, salt water
                      marshes, and other specific resources under shoreline jurisdiction. The local governments
                      then coordinate the shoreline master program wetland requirements with the wetland
                      regulations in the zoning ordinance.
                      Other regulations can then cross reference these provisions. To illustrate, the local
                      government subdivision ordinance references the wetland requirements in the zoning
                      ordinance and shoreline master program. The subdivision ordinance then requires that all
                      lots include a building site outside of any wetland areas, as defined in the zoning ordinance
                      and shoreline master program, and that the general extent of the wetland areas be shown
                      on the final plat.
                      These techniques, if appropriate to the community, can reduce duplication, increase
                      consistency, and make the regulations easier to use. The techniques local government
                      choose to use will vary depending-on their situation.

                      Evaluate Functional and Subarea Plans for Consistency
                      RCW 36.70A. 120 also requires local government activities and capital budget decisions to
                      conform to the comprehensive plan. This requires local governments to review their
                      functional plans to insure they are consistent with the comprehensive plan. Functional
                      plans include water and sewer plans, Six Year Street and Road Plans, capital improvement
                      and capital facilities plans, surface water plans, drainage plans, flood control management
                      plans, park and recreation plans, public access plans, public trail plans, bike plans, and
                      waterfront redevelopment plans.
                      Subarea plans must also be consistent with adopted local comprehensive plans. Subarea
                      plans include downtown redevelopment plans, community and neighborhood plans,
                      waterfront revitalization plans, and river basin plans.




                      Appendix A                                                                         H-543









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               Evaluate Shoreline Master Program Policies and Regulations for
               Consistency
               Local governments should review their shoreline master programs for consistency with
               their adopted comprehensive plans and development regulations. The Growth
               Management Act does not contain a specific definition of the term consistency.
               Consistency will likely be defined through procedural criteria implementing the Growth
               Management Act, local government policy and practice, and the decisions of the Growth
               Planning Hearings Boards. The following recommendations for evaluating consistency are
               provided for areas within shoreline jurisdiction and then for lands adjacent to shoreline
               jurisdiction.
               Consistency for Areas within Shoreline Jurisdiction.
               Local governments should consider the following factors when reviewing consistency
               between comprehensive plans, development regulations, and shoreline master programs
               for the area within the jurisdiction of the Shoreline Management Act.
               Consistency between Plan Designations and Shoreline Environments.
               Shoreline master program environments should be consistent with comprehensive plan
               designations and development regulations, especially zoning districts. Shoreline master
               programs are typically broad. Most local governments have two to eight shoreline
               environments. Shoreline environments also typically have broad categories of permitted
               and conditional uses. The preferred practice is to classify commercial and industrial uses
               by terms such as water.;.dependent, water-related, water-enjoyment and
               non-water-oriented commercial and industrial uses. Local government zoning more finely
               regulates the uses allowed on a specific site to prevent use confficts. When determining
               consistency between plan designations, zones, and shoreline environments, local
               governments should focus on the purpose and intensity of the plan designation, the zoning
               district, and the shoreline environment rather than comparing fists of permitted and
               conditional uses.

               Urban shoreline master program environments are generally most appropriate for uplands
               without significant development constraints within urban growth areas. Suburban
               shoreline master program environments may be appropriate within urban growth areas
               where the densities are consistent with the comprehensive plan densities for the urban
               growth area. For areas within urban growth areas which have significant natural resource
               values, recreation values or development limitations, a conservancy or even natural
               shoreline environment is appropriate. These areas.are good candidates for parallel
               shoreline environments.
               Areas outside urban growth areas should generally be designated rural, conservancy, or
               natural. Aquatic environments are appropriate for large water bodies both within and
               outside urban growth areas. New master planned resorts within shoreline jurisdiction
               should generally either be within an urban shoreline environment or a conditional use
               within rural or conservancy shoreline environments.





               Appendix A                                                                             H-544








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                      Density and Development Intensity. The density and intensity of development allowed
                      by shoreline master programs should be consistent with the density and intensity of
                      development allowed by comprehensive plans and implementing regulations for the areas
                      within shoreline jurisdiction. Densities, lot coverages, impervious surface ratios, or floor
                      area ratios (FARs) allowed by shoreline master programs and local government
                      development regulations should fall within the ranges allowed by the comprehensive plans.
                      Development Standards. Development regulations and shoreline master programs
                      should protect shoreline areas from direct and significant impacts. These impacts may
                      include non-point pollution, noise, glare, and land use incompatibilities. In addition,
                      Shoreline master program policies and regulations typically include shoreline specific
                      development standards which are not included in other development regulations. These
                      may include setbacks from the ordinary high water mark, in-water disposal regulations,
                      and standards for fills.
                      Policy Implementation. The text of the shoreline master program combined with the
                      other development regulations which apply to the area within shoreline jurisdiction should
                      be sufficient to implement the comprehensive plan policies.
                      Planned Public Facilities. The public facilities planned for areas within Shoreline
                      Management Act jurisdiction should be consistent with the comprehensive plans and
                      shoreline master programs.
                      Shoreline Master Program Environments Should be Consistent with Natural
                      Resource Lands, Critical Area Designations, and Open Space Corridors. Shoreline
                      master program environments should be consistent with the local government's natural
                      resource land and critical areas designations. Local circumstances vary, but local
                      governments should consider the following recommendations.
                      Wetlands, critical aquifer recharge areas, and fish and wildlife habitat areas are generally
                      consistent with natural and conservancy shoreline master program environments.
                      Frequently flooded areas and geologically hazardous areas are generally consistent with
                      natural, conservancy, and rural shoreline master program environments. Where frequently
                      flooded areas are included within an urban growth area, the portion outside a floodway
                      may be consistent with the urban shoreline environment.
                      Agricultural lands of long term commercial significance and forest lands of long term
                      commercial significance are generally consistent with conservancy and rural shoreline
                      environments. Mineral resource lands of long term commercial significance may be
                      consistent with rural or urban shoreline environments depending on the intensity of use
                      and the types of accessory uses allowed. Where comprehensive plans or development
                      regulations only provide for mineral resource removal as an accessory to agriculture,
                      forestry, or aquaculture uses, mineral resource lands may also be consistent with the
                      conservancy shoreline environment.
                      Open Space Corridors identified under RCW 3 6.70A. 160 are generally consistent with
                      natural, conservancy, and rural shoreline master program environments. When local
                      governments designate open spacecorridors within urban growth areas, they may wish to
                      use parallel environments designating the waterway, wetlands, and riparian areas



                      Appendix A                                                                         H-545









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                conservancy and the balance of the uplands within shoreline j   urisdiction urban or
                suburban.

                Coordinate with Adjacent Local Governments. Local govenunents should consult
                with nearby local governments which have responsibility for managing shoreline
                waterbodies which cross jurisdictional boundaries. Local governments should make their
                comprehensive plan designations, development regulations, and shoreline environments
                and regulations consistent for shoreline waterbodies across jurisdictional boundaries where
                the resources and other circumstances are similar. The county-wide planning policies
                adopted under the Growth Management Act may include provisions to help coordinate
                plans across jurisdictional boundaries.
                Procedures. Shoreline master program and development regulation processes should be
                designed to allow optional consolidated hearings where feasible. The processes should
                also be designed to allow concurrent processing of permits.
                Consistency for Adjacent Lands.
                Local governments should consider the following factors when reviewing consistency
                between shoreline master programs and the comprehensive plans and development
                regulations for adjacent lands. The term adjacent lands is defined in Appendix 1. The
                Department of Ecology's Adjacent Lands Guidance report recommended that adjacent
                lands include lands adjacent to shoreline jurisdiction the development of which may affect
                shoreline areas and rivers and streams not covered by the Shoreline Management Act but
                tributary to shoreline streams, lakes, and salt water areas.
                Plan and Development Regulation Designations for Adjacent Lands. Comprehensive
                plan designations and development regulations should protect shorelines from land use
                incompatibilities. Comprehensive plans and development regulations should provide a
                transition from sensitive shoreline areas to intense upland uses. For example, a light
                industrial zone may be compatible with a sensitive river shoreline where the uses allowed
                near the shoreline do not generate noise, cause glare, and. have no risk of toxic spills.
                More intense industrial- uses can then be allowed landward of these low impact uses.
                In some cases preferred shoreline uses may be incompatible with less intense uses on
                adjacent lands. Comprehensive plans and development regulations should provide for
                adjoining uses which are compatible with these uses or for a transition from these intense
                uses to less intense upland uses.
                Development Standards. Comprehensive plans and development regulations should
                protect shoreline areas from direct and significant impacts. These impacts may include
                non-point pollution, and, for sensitive shoreline areas noise and glare. Local governments
                should consider buffers, limits on outdoor lighting, non-point  'pollution controls (including
                construction erosion controls), and other development standards to protect sensitive
                shoreline areas.
                Planned Public Facilities. The public facilities planned for adjacent lands should be
                consistent with the comprehensive plan and shoreline master programs. In some cases
                these may require the extension of public facilities. An example is an area where urban or
                suburban densities are planned for uplands adjacent to commercial shellfish beds. This


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                      would require the extension of sewers and the construction of a storm water collection
                      system and storm water treatment measures to protect water quality. In other cases, such
                      as designated forest land adjacent to a conservancy shoreline, the planned public facilities
                      should be consistent with these low intensity uses.

                      Integrating Comprehensive Plans, Development
                      Regulations, and Shoreline Master Programs

                      Local governments in Washington state have twenty years of experience integrating
                      comprehensive plans and shoreline master programs. This section describes some of the
                      techniques usedby local governments and their advantages and disadvantages.
                      Perhaps the key to successfully integrating shoreline master programs, comprehensive
                      plans, and development regulations is to consciously assign responsibility between the land
                      use documents. The community decides the function of each of the documents in the
                      community's land use guidance system. This allocation will vary from community to
                      community. A good allocation meets the community's needs, eliminates needless
                      duplication between documents, and results in consistent policies and regulations.
                      Comprehensive plans often describe the relationship between the community's various land
                      use documents and their functions.

                      Shoreline Master Programs as Special Area Plans
                      Many local governments treat shoreline master programs as special area plans and special
                      area regulations. The comprehensive plan identifies the future development of the
                      shorelines in general terms.
                      The community then prepares a shoreline management strategy, either as part of the
                      comprehensive plan's conservation element, part of the shoreline master program, or as a
                      separate plan. A shoreline management strategy is an integrated program to develop and
                      protect shoreline areas. The strategy builds on the shoreline future identified in the
                      comprehensive plan. The shoreline management strategy coordinates shoreline and
                      community-wide regulations, government and private redevelopment activities, and public
                      service, transportation, and public facility improvements.
                      Water, sewertransportation, and public access plans id entify community-wide public
                      improvements. These plans also tie together public improvements proposed in plans
                      developed for specific areas, such as the shoreline management strategy.
                      Shoreline master programs contain specific goals and policies for the shoreline. The
                      master programs also focus on shoreline resources and opportunities. For example,
                      shoreline master programs should identify specific salmon passage needs to allow salmon
                      to swim from the ocean to the spawning grounds, standards to protect riparian habitats,
                      the allocation of land for water-dependent and related-uses, and waterfront public access.
                      Shoreline master programs should include shoreline specific regulations such as setbacks
                      from the ordinary high water mark. Shoreline master programs should include general




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                policies and regulations coordinating the master program with community-wide
                regulations, such as sensitive areas regulations.
                Shoreline master program environments regulate uses by general use categories such as
                water-dependent, water-related, water-enjoyment, and non-water-oriented commercial
                and industrial uses. The shoreline master program should also specifically regulate
                shoreline activities. such as dredging and fills. Zoning should address compatibility
                between specific types of uses. Development regulations, including zoning, subdivision,
                and sensitive areas regulations, should address community-wide resources and issues.
                Advantages. The requirements for shorefine areas are clear. Duplication between
                documents is reduced. Property owners only need to refer to the documents covering
                their project.
                Disadvantages. Community staff and property owners proposing complex shoreline
                projects must refer to three documents. As plans, development regulations, and shoreune
                master programs are amended over time, they may become inconsistent if not reviewed
                regularly and amended when necessary to maintain consistency with the other land use
                documents.

                Including a Shorelines Sub-Element in the Conservation Element of the
                Comprehensive Plan
                Shoreline goals and policies can be included in the conservation element of the
                comprehensive plan. This can vary from including a few policies to set the direction for
                future shoreline development to including all of the shoreline master plan goals and
                policies in the comprehensive plan.
                Everett adopted its shoreline master program goals and policies as the shoreline element of
                the comprehensive plan. King County, which adopted the shoreline goals and policies as
                an element of the county comprehensive plan, publishes the policies as a separate shoreline
                master program. This makes it clear what pol-icies are shoreline policies and allows them
                to be included with the regulations to explain the regulation's intent.
                Advantages. Shoreline policies and the other community policies can be closely
                coordinated and are more likely to remain consistent with the comprehensive plan policies.
                Disadvantages. The Shoreline Management Act provides that shoreline master program
                policies are regulatory. Putting them with general plan policies may confuse staff and
                property owners into thinking they are not regulatory. Separating policies from
                regulations may result in less use of policies. Separating policies from regulations may
                make regulations more difficult to implement because the policies which underlie them are
                not nearby. Shoreline policies must be clearly identified. Otherwise local governments
                may amend them without having the Department of Ecology adopt them. Unless adopted
                by the Department of Ecology, pol-icies and regulations are not part of the shoreline
                master program and, although adopted by local governments, are not legally recognized.






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                        A Development Ordinance with Chapters which contain the Shoreline
                        Master Program
                        Development ordinances or land use codes put all of a community's land use regulations in
                        one document. Development guides put all of a community's land use goals, policies, and
                        regulations in same document. The intent is the same in both cases, to make all land use
                        requirements easily accessible. In addition, development guides try to reinforce the tie
                        between policies and regulations by putting the policies and regulations into the same
                        document. Redmond has a development guide which includes shoreline goals and
                        policies. Bellevue has a development code which includes shoreline regulations.
                        Advantages. All regulations are in the same place. For development guides, the policies
                        may get more attention because they are included with the regulations in development
                        guides. Shoreline policies and the other community policies can be closely coordinated
                        and are more likely to remain consistent with the comprehensive plan policies.
                        Disadvantages. The Shoreline Management Act provides that shoreline master p       rograin
                        policies are regulatory. Putting them with general plan policies may confuse staff and
                        property owners into thinking they are not regulatory. Shoreline policies and regulations
                        must be clearly identified. Otherwise local governments may amend them without having
                        the Department of Ecology review and adopt them. Unless adopted by the Department of
                        Ecology, policies and regulations are not part of the shoreline master program.
                        Development ordinances and development guides are large documents and can be
                        confusing to the public. Developers and property owners have more experience using
                        separate comprehensive plans, development regulations, and shoreline master programs.
                        Having them all together may confuse developers and property owners who have not
                        worked with combined documents before.

                        Include Shoreline, Master Program Provisions, Applicable
                        Comprehensive Plan Provisions, and Development Regulations in a
                        Single Document for a Limited Geographic Area
                        A local government could prepare a development guide for a limited part of the
                        community. This document could include shoreline master program provisions, applicable
                        comprehensive plan provisions, and development regulations.
                        This technique is most appropriate in certain situations. These include communities with
                        limited shoreline areas. Communities with one or two shoreline areas which face
                        substantial development pressure. Communities trying to encourage development or
                        redevelopment in certain geographical areas. And communities which apply special
                        development regulations to certain areas. Unless all community regulations are included
                        in the document, the advantages of an integrated document may be lost.
                        Advantages. The advantages of a development guide for a limited area can be achieved
                        with a smaller document. All regulations are in the same place. The policies may get
                        more attention because they are included with the regulations. Shoreline policies and the
                        other community policies can be closely coordinated and are more likely to remain




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               consistent with the comprehensive plan policies. Property owners with projects outside
               the areas where the integrated document applies would not need to use the document.
               Disadvantages. The number of planning documents is increased rather than decreased.
               The Shoreline Management Act provides that shoreline master program policies are
               regulatory. Putting them with general plan policies may confuse staff and property owners
               into thinking they are not regulatory. Shoreline policies and regulations must be clearly
               indicated. Otherwise local governments may amend them without having the Department
               of Ecology review and adopt the policies and regulations. Unless adopted by the
               Department of Ecology, policies and regulations are not part of the shoreline master
               program. Development ordinances and development guides are large documents and can
               be confusing to the public. Developers and property owners are used to separate
               comprehensive plans, development regulations, and shoreline master programs. Having
               them all together may confuse developers and property owners who have not worked with
               them before.

               Including a Non-regulatory Overlay in the Comprehensive Plan or
               Development Regulations
               Local governments can include a non-regulatory shorelines overlay in the comprehensive
               plan or development regulations. The overlay is a plan designation or overlay zone which
               is shown on the comprehensive plan or zoning map. The overlay does not contain any
               regulations. The plan designation or overlay zone alerts staff and property owners that the
               shoreline master program also applies to the property. The shoreline master program
               would be a separate document.
               Westport includes a non-regulatory shorelines designation on its comprehensive plan map.
               King County is considering using a "-P" suffix designation for certain properties within the
               jurisdiction of the Shoreline Management Act. As used in King County, a -P suffix is a
               notation added to the zoning map. A -P suffix lets property owners know a special
               requirement, in this case the shoreline master prograrn, applies to the property. A
               subscript on the -P suffix identifies the type of limitation.
               Advantage. This alerts staff and property owners that the shoreline master program also
               applies to the property.
               Disadvantage. Adding a designation to a complex plan map or zoning map may make the
               maps harder to work with.

               Integrating Sensitive Areas Regulations with Shoreline Master Programs
               Sensitive area regulations are one technique local governments use to comply with the
               Growth Management Act requirement to protect critical areas from inappropriate
               development. Sensitive area regulations typically regulate development in wetlands, flood
               plains, geologically hazardous areas, and aquifer recharge areas community-wide. Some
               of these areas fall within the jurisdiction of the Shoreline Management Act and others do
               not.





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                       The extent to which local governments incorporate these requirements into shoreline
                       master programs varies. King County has incorporated large parts of its sensitive area
                       regulations into its shoreline master program. Kirkland included very general sensitive
                       area regulations in its shoreline master program with detailed sensitive area regulations in
                       its zoning code.
                       Where local governments have adequate sensitive area regulations which apply
                       community-wide, they may incorporate general sensitive area policies and regulations in
                       their shoreline master programs. These policies and regulations must be sufficient for the
                       state'to carry out its responsibilities to protect sensitive areas under the Shoreline
                       Management Act and other existing authorities. Allowing local governments to include
                       general sensitive area policies in their shoreline master programs is intended to encourage
                       local governments to adopt sensitive area regulations.
                       Advantages. Duplication between shoreline master programs and other regulations is
                       reduced. Local governments can adjust sensitive area regulations without the approval of
                       the Department of Ecology. The Department of Ecology, through the general sensitive
                       area policies and regulations, can condition or deny shoreline conditional use permits and
                       shoreline variances as needed.

                       Disadvantages. If local governments adopt general regulations in their shoreline master
                       programs, local governments could amend the more detailed sensitive area regulations,
                       resulting in less protection for environmentally sensitive areas both within and outside
                       shoreline jurisdiction. The general sensitive area requirements may confuse property
                       owners because the general regulations give less guidance. The general regulations are
                       more difficult to administer because they give staff less guidance. If a property owner
                       claims the application of the detailed sensitive area regulations resulted in a taking, the
                       local government may not be able to use the shoreline master program to limit their
                       liability even though a shoreline permit was required. This is so because the master
                       program only contains general sensitive area regulations and the court may conclude the
                       restrictions did not result from the shoreline master program policies or regulations.
                       Carefully drafted shoreline policiesand regulations may lessen the potential for this result.

                       Centralized Permit Services

                       A common way local governments have integrated development regulations and shoreline
                       master programs is through centralized permit services. This is sometimes called one-stop
                       permitting. Centralized permit services range from a central location where a staff person
                       directs permit applicants to the correct department to single counter where all permit
                       applications are accepted. For more information see Streamlining Land Use Regulation:
                       A Guide Bookfor Local Governments, American Planning Association, 1980.
                       Advantage. Centralized permit services can reduce confusion and aid property owners
                       and developers in obtaining permits.







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              Disadvantages. If a single department reviews permits for all departments,
              implementation of development requirements may suffer. Some jurisdictions have one
              permit counter with cross trained employees who answer questions and accept
              applications. They then have individual departments review the permit applications.

              Integrated Permitting
              Integrated permitting means using existing permits to trigger other reviews as a substitute
              for requiring multiple permits. For example subdivision, shorelines, and building permits
              could trigger review under a wetlands protection ordinance rather than requiring a
              separate wetlands permit.
              Advantage. The number of permit applications and permits required for a particular
              project is reduced.
              Disadvantages. Unless the system is carefully designed, some reviews may be
              overlooked. Certain permits and approvals are required by state law and cannot be
              integrated with -other permits or approvals.

              Simultaneous Review of Multiple Permits
              Simultaneous permit review means reviewing multiple permits at the same time. Because
              the preparation of some permits is costly, simultaneous review should be optional in case
              applicants decide to apply for permits one at a time to reduce risk.
              Advantage. Simultaneously reviewing multiple permits reduces total permit processing
              time.

              Disadvantages. Simultaneous review may increase financial risk for property owners.
              Simultaneous review may be difficult for small staffs because they lack the staff to review
              the permits simultaneously.

              Combined Public Hearings
              Where a common decision maker decides a permit, such as a hearing examiner, some local
              governments combine the public hearings required for the same project. Again, because
              the preparation of some permits is costly, combined public hearings should be optional in
              case applicants decide to apply for permits one at a time to reduce risk.
              Advantage. Combined public hearings for the same project reduces total permit
              processing time and permitting costs.
              Disadvantages. Combined public hearings may increase financial risk for property
              owners. Combined public hearings may be difficult for small staffs to manage.









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                       Diversifying Funding Sources

                       Comprehensive planning can be costly. Local governments are experiencing significant
                       competition for budget funds. The following Washington Department of Ecology grant
                       sources may be able to fund certain planning projects. For additional information on these
                       funding sources call or write the contact.
                       Grant and loan programs are constantly changing. For information on all state grants and
                       loans consult the current edition of State Agency Assistancefor Local Governments
                       available from Paula Fairchild, Association of Washington Cities, 1076 South Franklin,
                       Olympia, Washington, 98501, telephone (206) 753-4137, SCAN 234-4137. The report is
                       $30.00 for non-members and free to cities and towns.
                       For current information on Washington State Department of Ecology grants and loans
                       consult the current issue of Sources. Sources is published quarterly. To get on the
                       Sources mailing list send a note with your name, agency, and mailing address to Annie
                       Phillips, Washington State Department of Ecology, P. 0. 47600, Olympia, WA,
                       98504-7600.

                       The Intergovernmental Public Facilities Finance Committee (IPFFC) holds an annual
                       two-day conference each fall to publicize state and federal grant programs. For more
                       information on the conference see the July 1991 issue of Sources or call Mary Crandafl,
                       Washington State University, 7612 Pioneer Way, Puyallup, Washington 98371-4998,
                       telephone (206) 840-4575.

                       Growth Management Funding

                       Local goverru-nents planning under the Growth Management Act currently receive funds
                       from the Washington State Department of Community Development. All acknowledge
                       that these funds are not sufficient to fully fund the necessary work. One way to deal with
                       this problem is to leverage Growth Management Act grant funds with other funds. The
                       Washington State Department of Ecology has several grant programs which can fund
                       certain types of planning activities undertaken to comply with the Growth Management
                       Act. Local governments may be able to use Growth Management funds to match
                       Department of Ecology grant programs under certain circumstances.

                       Coastal Zone Management Act (CZMA) Section 306
                       Grants

                       Eligible Jurisdictions: Cities, counties, and regional planning agencies in the 15 counties
                       which front on salt water. These counties are Clallam@ Grays Harbor, Island, Jefferson,
                       King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston,
                       Wahkiakarn, and Whatcom.
                       Type of Funding: Grants.



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              Local Match: Fifty percent.
              Eligible Activities: Shoreline master program revisions, shoreline planning, and special
              studies oriented to shoreline areas and resources.

              Application Period: January 10 to Feb 20, 1993.
              Amount of Funds Available: Approximately $400,000.

              Written Information Available: 306A Grant Guidelines.
              Contact: Steve Craig, Washington State Department of Ecology,P. 0. Box 47690,
              Olympia, Washington, 98504-7690, telephone: (206) 459-6780, SCAN 585-6780.

              Flood Control Assistance Account Program (FCAAP)
              Grants

              Eligible jurisdictions: Cities, counties, and other government agencies responsible for
              flood management.
              Type of Funding: Grants.
              Local Match: Seventy-Five percent for comprehensive flood plain management plans.
              Eligible Activities: Comprehensive flood plain planning activities. The maintenance of
              flood protection works is eligible for funding. Projects to maintain and repair flood
              protection works which also include habitat restoration and enhancement is eligible for
              funding.
              Application Period: Before the beginning of each biennium.
              Amount of Funds Available: Up to $4 million each biennium.
              Written Information Available: Application packets and program regulations.
              Contact: Chuck Gale, telephone: (206) 439-7569, SCAN 585-7569. Marcia Geidel,
              telephone: (206) 459-7592, SCAN 585-7592. Tim D'Acci, telephone: (206) 459-6796,
              SCAN 585-6796. The address for the contacts is: Washington State Department of
              Ecology, P. 0. 47690, Olympia, WA, 98504-7690.

              Centennial Clean Water Fund (CCWF) Grants and
              Loans

              Eligible Jurisdictions: Cities, counties, regional planning agencies, Indian tribes, and
              other public bodies.
              Type of Funding: Grants and loans.
              Local Match: Seventy-five percent for activities.





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                      Eligible Activities: Planning for water pollution control, including non-point pollution
                      control, ground water protection, lake protection planning, and watershed planning.
                      Growth Management Act planning activities which have a surface or ground water quality
                      focus may be eligible for funding under this program.
                      Application Period: January to February 1993.
                      Amount of Funds Available: Approximately $45 million.
                      Written Information Available: Brochure and grant application packets.
                      Contact  : Helen Bresler, Washington State Department of Ecology, P. 0. Box 47600,
                      Olympia, Washi@gton, 98504-7600, telephone: (206) 459-6096, SCAN 585-6096.

                      Federal 2050) Grants

                      Eligible Jurisdictions: Cities, counties, regional planning agencies, Indian tribes, and
                      other public bodies.
                      Type of Funding: Grants.
                      Local Match: Seventy-five percent.
                      Eligible Activities: Planning for water quality protection. Growth Management Act
                      planning which has a water quality focus may be eligible for funding under this program.
                      Application Period: January to.February 1993.
                      Amount of Funds Available: Approximately $334,000.
                      Written Information Available: Grant application packets.
                      Contact: Helen Bresler, Washington State Department of Ecology, P. 0. Box 47600,
                      Olympia, WA, 98504-700, telephone: (206),459-6096, SCAN 585-6096.


                      Definitions

                      Adjacent Lands: Those lands immediately adjacent to and abutting lands under Shoreline
                      Management Act permit jurisdiction extending landward to the extent necessary to control
                      direct and significant impacts to the shorelines and to implement the management policy
                      articulated in the Shoreline Management Act, the guidelines, 'and the master program. The
                      inland extent will necessarily vary with the particular management objectives for the
                      shoreline setting. Source: Department of Ecology, Adjacent Lands Guidance report,
                      1981.
                      Comprehensive Land Use Plan: A generalized coordinated land use policy statement of
                      the governing body of a county or city that is adopted under RCW Chapter 36.70A.
                      Source: RCW 36.70A.030(4). Note: Certain local governments in Washington state can
                      adopt comprehensive plans under other planning enabling acts.





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               Conservancy Shoreline Master Program Environment: A geographical area
               designated in a shoreline master program and needed to meet the present or future
               recreational needs of the community or characterized by severe biophysical limitations
               including areas of steep slopes presenting erosion or slide hazards, areas prone to
               flooding, and areas which cannot provide adequate water supplies or sewage disposal
               capacity to support rural intensities of development.
               Critical areas: Critical areas include the following areas and ecosystems: (a) Wetlands;
               (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and
               wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically
               hazardous areas. Source: RCW 36.70A.030(5).
               Development Guide: An official local government land use document which includes
               many or all of a community's land use goals, policies, and regulations in the same
               document.

               Development Regulations: Any controls placed on development or land use activities by
               a county or city, including, but not limited to, zoning ordinances, official controls, planned
               unit development ordinances, subdivision ordinances, and binding site plan ordinances.
               Source: RCW 36.70A.030(7).
               Development Ordinance: An official local government land use document which
               includes all of a community's land use regulations in one document.
               Functional Plan: A plan for a public facHity or public system which identifles current
               facHities, future needs, and ways of meeting those needs. Functional plans include water
               and sewer plans, Six Year Street and Road Plans, capital improvement and capital
               facilities plans, surface water plans, parks and recreation plans, public access plans, trail
               plans, bike plans, and waterfront redevelopment plans.
               Natural Shoreline Master Program Environment: A geographical area designated in a
               shoreline master program and characterized by unique natural or cultural features
               considered valuable in their natural or original condition and relatively intolerant of
               intensive human use.

               Parallel Shoreline Master Program Environment: Two or more shoreline master
               program environments which are designated parallel to the shoreline. Typically, a
               resource protection environment is applied to the area immediately adjacent to the
               shoreline. An environment which allows a greater level of development is applied to the
               area between the other environment and the Shoreline Management Act jurisdictional
               boundary.
               Riparian Vegetation: The plants and plant communities which grow on the banks of
               rivers, lakes, and salt water bodies. Riparian vegetation generally requires the water body
               for survival and is a transition from upland areas to wetlands and waterbodies.
               Rural Shoreline Master Program Environment: A geographical area designated in a
               shoreline master program and characterized by intense agricultural and recreational uses
               and those areas with a high capability to support active agricultural practices and intense
               recreational development.



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                      Shoreline Environment or Shoreline Master Program Environment: A geographical
                      area designated in a shoreline master program which typically includes a purpose
                      statement, allowed uses and activities, and development standards. The shoreline
                      environment for a given area is based on the biophysical capabilities and limitations of the
                      shoreline area and the goals of the community. Shoreline environments include natural,
                      conservancy, rural, urban, aquatic, and maritime environments. Not all shoreline master
                      programs include all of these environments.
                      Subarea Plan: A plan to guide the development of a part of a local government's
                      jurisdiction. Sometimes called a community plan.
                      Shoreline Master Program: The comprehensive land use plan for the area under the
                      jurisdiction of the Shoreline Management Act, 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 in RCW 90.58.020.
                      Source: RCW 90.58.030(3)(c).
                      Urban Growth Area: A geographical area consisting of cities and unincorporated areas
                      characterized by or planned for urban development densities and intended to
                      accommodate the projected urban population growth for the next twenty years. Urban
                      growth areas are cooperatively identified by cities and counties and designated in a county
                      comprehensive plan prepared under the Growth Management Act (RCW 36.70A).
                      Urban Shoreline Master Program Environment: A geographical area designated in a
                      shoreline master program and characterized by high-intensity land uses including
                      residential, commercial, and industrial expansion, or planned to accommodate urban
                      expansion.
                      Vertical Land Movement: The change in the elevation of the land surface due to
                      geological change. Vertical land movement is sometimes referred to as the existing rate
                      of sea level rise where the land surface is subsiding. Accelerated sea level rise is the
                      increase in sea level resulting from global warming.
                      Water-Dependant Use: A use or portion of a use which cannot exist in any other
                      location and is dependent on the water by reason of the intrinsic nature of its operations.
                      Examples of some water-dependent uses include: marine cargo docks and loading areas,
                      ferry terminals, boat ramps, swimming areas in lakes and rivers, aquaculture, marinas,
                      water intakes, and outfafls. Source: Shoreline Management Guidebook Urban
                      Waterftont Policy Analysis Addenda, Addendum Number 2, 1990.
                      Water-Related Use: A use or portion of a use which is not intrinsically dependent upon a
                      waterfront location but whose economic viability is dependent upon a waterfront location
                      because:
                      a.  Of a functional requirement for a waterfront location such as the arrival or shipment of
                          materials by water or the need for large quantities of water; or
                      b.  The use provides a necessary service supportive of the water-dependent commercial
                          activities and the proximity of the use to its customers makes its services less
                          expensive or more convenient.



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                Examples include manufacturing ship parts large enough so that transportation becomes a
                significant factor in the product cost, utility lines serving water-dependent activities, the
                storage or warehousing of water transported goods, seafood processing plants,
                manufacturing or processing facilities which receive or ship goods by water transportation,
                and intermodal transport when water transport is part of the service. Source: Shoreline
                Management Guidebook, Urban Waterftont Policy Analysis Addenda, Addendum
                Number 2, 1990.
                Water-Enjoyment Use: a recreational or similar use facilitating public access to the
                shoreline as a primary character of the use; or a use that provides for recreational use or
                aesthetic enjoyment of the shoreline for a substantial number of people as a general
                character of the use and which through location, design, and operation assures the public's
                ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
                water-enjoyment use, the use must be open to the public and the shoreline-oriented space
                within the project must be devoted to the specific aspects of the use that foster shoreline
                enjoyment.
                Examples include: public waterfront parks, public use beaches, aquariums available to the
                public, retail businesses housed in structures designed to take advantage of a waterfront
                location through views of the water, displays oriented to pedestrian traffic which is
                connected to shoreline access improvements, enhancement of pedestrian amenities, or
                other similar design features. Source: Shoreline Management Guidebook, Urban
                Waterftont Policy Analysis Addenda, Addendum Number 2, 1990.
                Water-Oriented Use: Any water-dependent, water-related, or water-enjoyment use.
                Source: Shoreline Management Guidebook, Urban Waterftont Policy Analysis Addenda,
                Addendum Number 2, 1990.
                Non-Water-Oriented Use: A use which is not water-dependent, water-related, or a
                water-enjoyment use.






















                Appendix A                                                                                H-558






  0





                       Appendix B
                 Suggested Techniques for
            Compensatory Mitigation Planning



  0












  0









                SMT Handbwk - 1994 Edition
                Introduction                                                                                               40

                Appendix B supplements Chapter 16, Advance Compensation and Environmental Mitigation
                Planning, by presenting a discussion of the issues surrounding mitigation planning and
                suggesting processes for implementing a compensatory mitigation program. Two approaches
                to off-site mitigation are described: individual projects and mitigation banking. Historically,
                individual off-site mitigation projects have encountered a number of problems. Too often off-
                site mitigation is delivered after development has incurred on-site impacts and the off-site
                mitigation does not produce the hoped for results. For this reason, mitigation banking, in
                which the mitigation is based on a regional resource management plan and is delivered prior to
                development, is the preferred approach. However, mitigation banking is in itself a new and
                largely unproven concept in Washington State and requires large, long term investment
                therefore both approaches are presented.

                Because environmental mitigation banking is a relatively new shoreline management concept,
                Appendix B is intended as a resource rather than a set of Department of Ecology-sanctioned
                recommendations. Ecology's response to mitigation proposals continues to be on a case-by-
                case basis.


                Individual Off-Site Mitigation Projects
                The State Environmental Policy Act Rules (WAC 197-11-768) defines mitigation as:

                I .     Avoiding the impact altogether by not taking a certain action or parts of an action;

                2.      Minimizing impacts by limiting the degree or magnitude of the action and its
                        implementation, by using appropriate technology, or by taking affirmative steps to
                        avoid or reduce impacts;

                3.      Rectifying the impact by repairing, rehabilitating, or restoring the affected
                        environment;

                4.      Reducing or elin-dnating the impact over time by preservation and maintenance
                        operations during the life of the action;

                5.      Compensating for the impact by replacing, enhancing, or providing substitute
                        resources or environments; and/or

                6.      Monitoring the impact and taking appropriate corrective measures.

                The order of mitigation actions listed, from most direct and complete to the least direct,
                implies an order of preference from I (high preference) to 6 (low preference). This means a
                selected mitigation action will be considered appropriate in satisfying SEPA requirements only
                if the mitigation actions of higher preference are not feasible or are ineffective. The
                Governor's Wetlands Executive Order 90-04, section 12, further clarifies this point by listing


                Appcndix B                                                                                  H-559








                  SMP Handbook - 1994 Edition


                  the same 6-point SEPA definition for mitigation and stating that state agencies shall consider
                  the 6 actions in order of preference from 1 (high) to 6 (low).

                  The priority for environmental mitigation actions establishes state-wide shoreline management
                  policy which encourages off-site environmental mitigation only if on-site mitigation measures
                  are not feasible. However, situations may occur where on-site mitigation for unavoidable
                  impacts is either not feasible or not desirable from a natural resources perspective. New
                  shoreline development associated with the ever changing economy of water-dependent uses
                  must be accommodated somewhere and such development will often incur unavoidable
                  environmental impacts. Shoreline planning has tended to concentrate intensive shoreline
                  development in urban centers where development pressure and limited shoreline area leave
                  little room for on-site mitigation.

                  At the same time, shifts in maritime economies have left vacant previously industrial
                  shorelines. In these cases, shoreline enhancement, restoration, or creation may more than
                  offset a project's impact to produce a net environmental benefit, Also, enhancin& restoring or
                  creating a high-quality shoreline resource off-site may be more desirable than mitigating for
                  impacts to a low-quality shoreline resource on-site. Off-site mitigation actions might include:

                         0       Breaching an estuarian dike to create a salt marsh;

                         0       Cleaning up or capping contaminated sediments and restoring the shoreline to
                                 its natural condition;

                         0       Restoring a beach to its natural conditions; or

                         0       Reestablishing a dune system.

                  To clarify compensatory mitigation measures, the following definitions are recommended:

                  "Enhancing" or "enhancement": Improving existing shoreline conditions in terms of
                  ecological functions.

                  "Restoring" or "restoration": Returning a degraded or former shoreline to a more natural
                  condition.

                  "Creating" or Prcreation ": The construction of a new shoreline environment where none
                  previously existed historically.

                  Typically, off-site mitigation is considered on a project by project basis. This approach has
                  produced some successes but, in general, has several limitations.

                  Without clear rules or guidelines for off-site mitigation, it is difficult for project proponents
                  and regulatory agencies to reach agreement, Agencies must determine whether they are
                  setting a precedent that could result in abuse, and project proponents must know agency
                  expectations and procedural requirements in order to develop a responsive proposal.



                  Appendix B                                                                                H-560








                 SW Handbook - 1994 Edition


                 Natural resource enhancement, restoration and creation efforts have not always been
                                                                        manding and subject to a number of
                 successful. Since resource replacement is technically de
                 variables, the only way to ensure mitigation success is to establish and monitor the resource
                 pfLor to permit issuance for the base project.

                 Individual off-site mitigation projects do not necessarily further a comprehensive "natural
                 systems" approach to resource management. Establishing an isolated resource, even if
                 technically successful, may not contribute to the shoreline system impacted by the project.
                 Long-term, regional resource management concerns can only be addressed through
                 comprehensive shoreline planning.

                 The shortcomings of off-site mitigation can be overcome to a certain extent by better defining
                 the process, goals, policies and priorities which guide off-site mitigation projects. Policies and
                 regulations outlining the procedures and criteria for considering off-site migitation as a means
                 to satisfy SEPA and other resource protection requirements may be included in the
                 Environmental Impacts section of the SNT's General Policies and Regulations. The SNIP
                 policies and regulations should address each of the following points:

                 1.     Adhere to the priorities set by SEPA for mitigation. Off-site mitigation should be
                        considered only after all reasonable measures to avoid, minin-dze, rectify, or reduce
                        project impacts are considered and determined to be unfeasible and only after on-site
                        mitigation is determined to be infeasible.

                 2.     Establish procedures for ensuring the long-term success of the resource. Because
                        shoreline enhancement, restoration and creation efforts are technically demanding,
                        mitigation should be delivered and the success of the mitigation demonstrated prior to
                        approval of the base project. Off-site mitigation success must be documented through
                        an evaluation of physical and biological conditions prior to and after the completion of
                        the mitigation action. The'resource must be legally and physically protected through
                        covenants, conservation easements orother means to ensure the resource will be
                        maintained in perpetuity.

                        The SNT should outline, in general terms, procedures to resolve these issues during
                        permit review. Off-site mitigation proposals will be carefully examined by the
                        Department of Ecology and therefore should require a conditional use permit. This
                        will enable Ecology to be involved during project formulation and will help avoid
                        costly permit appeals.

                 3.     Insure mitigation efforts are integral to reestablishing a connected shoreline
                        system. The quantity (area) and quality (functions and values) of the replacement
                        resource should be greater than the quantity and quality of the lost resource.
                        Mitigation efforts also should be integral to reestablishing a connected shoreline
                        system.






                 Appendix B                                                                              H-561









                   SNW Handbook - 1994 Edition



                           There are two approaches to this requirement. The first approach establishes SNIP
                           criteria for determining when off-site mitigation is suitable. This gives project
                           proponents the flexIbility to propose a variety of off-site mitigation alteratives.
                           However, it provides the applicant little direct guidance in mitigation site selection and
                           proposal preparation. Nor does this parcel-by-parcel method necessarily ensure the
                           mitigation will be part of a connected shoreline system.

                           Advance comprehensive mitigation planning is the second and preferred approach for
                           determining the suitability of mitigation alternatives. The local jurisdiction adopts an
                           area-wide (watershed, shoreline, etc.) plan that identifies suitable development and off-
                           site mitigation receiving sites. A comprehensive shoreline enhancement plan is most
                           effectively developed in the early stages of an SMP amendment process, when
                           shoreline environment. designations are being reviewed (See Handbook Chapter 2,
                           Shoreline Master Program Organization).





















                                                                                 79@









                           Individual off-site mitigation and mitigation banking provide opportunities to restore degraded
                           shorelines.






                   Appendix B                                                                                     H-562









                SW Handbook - 1994 Edition


                Summary
                The SAD can be a useful toot in outlining procedures for evaluating off-sitemitigation
                proposals. Off-site mitigation policies and regulations may be included in a subsection of the
                General Policies and Regulations dealing with environmental impacts (see Handbook Chapter
                5, General Shoreline Policies and Regulations). The policies and regulations should address
                or include the following:

                I .     A statement that the SEPA priorities for mitigation shall still apply.

                2.      A statement that within shorelines jurisdiction, off-site mitigation shall be approved for
                        water-oriented projects only.

                3.      A method to insure that off-site mitigation shall be integral to a connected shoreline
                        system by:

                        a.      Establishing criteria to make this determination; or

                        b.      Referencing a comprehensive environmental enhancement plan (or component
                                of a comprehensive plan) that identifies (i) development sites which may utilize
                                off-site mitigation and (ii) off-site mitigation receiving sites; or

                        C.      Identifying shorelines or shoreline environment designations where (i) off-site
                                mitigation shall be permitted (ii) and where off-site mitigation receiving sites
                                shall be permitted.

                (Note: options b or c are preferred)

                4.      A statement that off-site mitigation shall be approved as a "conditional use" only.

                Following are model policies and regulations for off-site mitigation.

                Mode     I Language for Individual Off-site Mitigation

                Policies
                I .     Off-site mitigation.should be considered only for water-oriented uses proposed on
                        Urban shorelines and only if the following conditions are met: Note: this is an
                        example of restricting off-site mitigation to a single shoreline environment
                        designation. It may be appropriate to restrict off-site mitigation to a geographic
                        region such as a watershed or particular shoreline area

                        a.      Off-site mitigation results in a more valuable resource in terms of quantity
                                (area) and quality (functions and values) than on-site mitigation by:

                                i.     Enhancing, restoring, or creating, a shoreline resource of greater value
                                       (in terms of quantity and quality); or


                Appendix B                                                                                H-563









                   SW Handbook - 1994 Edition


                                   ii.     Creating a uniqu  e shoreline resource; or

                                   iii.    Reestablishing an integral element of the City/County's connected
                                           shoreline system.

                           b.      Off-site mitigation is part of a comprehensive environmental enhancement plan
                                   to protect, enhance, restore or create the City/County's shoreline system.

                           C.      The following alternative mitigation measures are not feasible or are less
                                   desirable from a natural resources perspective.

                                   i.      Avoiding the impact altogether by not taking a certain action or parts
                                           of an action;

                                   ii.     Minimizing impacts by limiting the degree or magnitude of the action
                                           and its implementation, by using appropriate technology, or by taking
                                           affirmative steps to avoid or reduce impacts;

                                   iii.    Rectifying the impact by repairing, rehabilitating, or restoring the
                                           affected environment-,

                                   iv.     Reducing or eliminating the impact over time by preservation and
                                           maintenance operations during the life of the action.

                   2.      Off-site environmental mitigation should conform to the following criteria.

                           a.      Off-site mitigation should be permitted only for water-oriented uses proposed
                                   on shorelines designated Urban Maritime or Urban Multi-use (or state
                                   shoreline locations where projects may use off-site mitigation). Off-site
                                   mitigation receiving sites should be designated Urban Estuarine (or state
                                   shoreline locations where off-site mitigation may be permitted).

                           b.      Off-site mitigation should be permitted only as a conditional use subject to
                                   Ecology approval.

                           C.      Off-site mitigation should be delivered and the success of the mitigation
                                   demonstrated prior to the approval of the base project.

                           d.      The off-site mitigation site should be legally and physically protected through
                                   covenants, conservation easements or other means to ensure the resource Will
                                   be maintained in perpetuity.

                   3.      Off-site mitigation policy is intended to recognize and protect the economic
                           significance of water-oriented uses on the City/County's industrial waterfront while
                           protecting and enhancing valuable shoreline resources (state area). (Include brief
                           statement of the general environment management intent.)



                   Appendix B                                                                                   H-564









               SW Handbook - 1994 Edition



               Regulations
               1      Off-site environmental mitigation shall be permitted only as a conditional use.

               2.     Off-site mitigation shall be permitted only for water-oriented uses proposed on
                      shorelines designated _ (state shoreline environment designation or shoreline
                      locations). Off-site mitigation receiving sites shall be permitted only on shorelines
                      designated _ (state shoreline environment designation or shoreline
                      locations).

               3.     All shoreline development proposals utilizing off-site mitigation shall be subject to the
                      following requirements.

                      a.      Off-site mitigation shall be delivered and the success of the mitigation
                              demonstrated prior to approval of the base project.

                      b.      Off-site mitigation success must be documented through an evaluation of
                              physical and biological conditions prior to and after the completion of the
                              mitigation action. Documentation procedures shall be as by agreement with
                              the City/County and Ecology.

                      C.      Prior resource enhancement, restoration or creation shall not necessarily satisfy
                              mitigation requirements unless specifically stated by agreement with the
                              City/County and Ecology.

                      d.      The off-site mitigation site shall be protected legally and physically through
                              covenants, conservation easements or other means as by agreement with the
                              City/County and Ecology to ensure the resource is maintained in perpetuity.

               4.     Off-site mitigation proposals shall meet the following criteria.

                      a.      Priorities for shorelines of state-wide significance as stated in RCW 90.58.020.

                      b.      The off-site mitigation shall result in a more valuable resource in terms of
                              quantity (area) and quality (functions and values) than on-site mitigation
                              alternatives.

                      C.      The off-site mitigation shall be an element of a comprehensive environmental
                              enhancement plan approved by the City/County and Ecology and/or create a
                              unique shoreline resource (this provision is applicable when a comprehensive
                              compensatory mitigation plan for the jurisdiction has been prepared).

                      d.      Off-site mitigation shall be permitted only if the following alternative mitigation
                              measures are not feasible or are less desirable from a natural resources
                              perspective.

                              i.      Avoiding the impact altogether by not taking a certain action or parts
                                      of an action;


               Appendix B                                                                               H-565








                          SW Handbook - 1994 Edition


                                              ii.       Minimizing impacts by limiting the degree or magnitude of the action
                                                        and its implementation, by using appropriate technology, or by taking
                                                        affirmative steps to avoid or reduce impacts;

                                              iii.      Rectifying the impact by repairing, rehabilitating, or restoring the
                                                        affected environment; and

                                              iv.       Reducing or eliminating the impact over time by preservation and
                                                        maintenance operations during the life of the action.

                          5.        Off-site environmental mitigation shall be permitted only after City/County and
                                    Ecology approval of a project-specific mitigation plan including at a minimum, the
                                    following:

                                    a.        A written assessment and accompanying maps of the impacted shoreline and
                                              proposed mitigation site. The assessment shall include wetland delineation,
                                              existing wetland acreage, vegetative, faunal and hydrologic conditions,
                                              relationship to other water bodies, soil and substrate conditions, topographic
                                              elevations, existing and proposed adjacent conditions, wetland buffers and
                                              shoreline setbacks and ownership.

                                    b.        A written report identifying the goals and objectives of the mitigation project,
                                              and indicating the likelihood o         f success based on available literature and/or
                                              experience to date.

                                    C.        Performance standards in the form of specific criteria for evaluating whether or
                                              not the goals and objectives of the mitigation project have been met, and for
                                              determining when any contingency plan should be undertaken.

                                    d.        Detailed construction plans and written specifications including theproposed
                                              construction schedule;

                                    e.        A monitoring progrwn for tracking construction and evaluating the completed
                                              mitigation project, including sampling and measurement techniques, a protocol
                                              for evaluating the monitoring data, and requirements for reporting.

                                    f         A contingency plan identifying potential courses of action, and any corrective
                                              measures to be taken when monitoring indicates that the project performance
                                              standards are not being met.

                                    9.        Comments on the overall adequacy of the mitigation project by any federal,
                                              state, regional or local agency including tribes, having any special expertise or
                                              interest with respect to any environmental impacts of the project.






                          Appendix B                                                                                                            H-566









               SW Handbook - 1994 Edition


               Mitigation Banking

               Introduction

               Environmental mitigation banks involve the off-site protection, enhancement, restoration,
               and/or creation of natural resources to compensate for unavoidable adverse impacts
               associated with future development activities. The concept of mitigation banking was
               developed in the early 1980s as a mechanism to compensate for unavoidable habitat losses
               primarily- associated with the federal Section 10 (Rivers and Harbors Act) and Section 404
               (Clean Water Act) permit programs for wetland development projects.

               In 1991, the Washington State Department of Ecology undertook a wetland mitigation
               banking study. The report, entitled WetlandMitigation Banking, prepared by Andrew J.
               Castelle and others, was intended to provide the basis for future feasibility discussions on
               wetlands mitigation banking in Washington. This report surveys existing programs, describes
               the elements in -a mitigation bank, and makes specific recommendations for assessing wetland
               mitigation banking options in Washington. Although focused specifically on wetlands, many
               of the reports conclusions are relevant to other shoreline environments and the study itself
               forms the basis for this section of Appendix B.

               Mitigation banking differs from most compensatory mitigation projects in that mitigation
               banking is a program created by resource agencies, port districts, large development entities
               or conservation organizations to provide a relatively large compensatory mitigation site to be
               used to collectively compensate for many, usually unrelated, development projects. More
               traditional compensatory, mitigation measures typically involve individual projects, and are
               implemented by developers.

               An important feature of mitigation banking is that all compensation is constructed "up front,"
               that is, before impacts to existing wetlands or shoreline resources occur. The majority of
               individual compensation projects are constructed either concurrently with or following
               development activities, resulting in functional losses over time until the compensation site
               reaches maturity. The intent of mitigation banking is to eliminate the uncertainty of success
               and time lag between resource loss and full compensation for those losses. Like individual
               off-site mitigation projects, mitigation banking may be implemented only if higher priority
               mitigation measures (e.g. avoidance, n-dnimization, rectifying, etc.) are not feasible.
               Mitigation banking is intended also to improve mitigation planning and implementation by
               increasing public agency involvement.

               Another important feature of the mitigation banking concept is that mitigation efforts are
               planned as a whole, where the most suitable sites are identified, acquired and restored in
               advance of impact. Because the bank is planned and developed as a whole, the details of
               mitigation can be incorporated into the existing environment, resulting in a more logical and
               natural system. The banking program also must account for long-term maintenance of the
               resource as well as respond to future development pressure, emerging shoreline use patterns
               and the broader issues of the public trust doctrine.


               Appendix B                                                                                   H-567








                    SNY Handbook - 1994 Edition


                    Mitigation banking should not be confused with "fee-in-lieu" programs in which developers
                    are assessed an impact fee, that agencies use to create compensation projects. Fee-in-lieu
                    programs typically do not compensate for environmental impacts up ftont.

                    Advantages and Disadvantages
                    of Mitigation Banking
                    Proponents have suggested that mitigation banks provide several advantages over the
                    traditional project-specific approach. For example, mitigation banks can expedite the
                    regulatory process, reduce the costs of mitigation and permit large, otherwise cost-prohibitive
                    projects to be completed. Some authors report that large environmental restoration projects
                    that can be accomplished through mitigation banks are more effective than several small
                    compensatory projects in various locations. Arguably, larger projects provide more habitat,
                    are easier to create, and prevent some of the cumulative impacts (for example habitat
                    fragmentation) associated with many small, scattered mitigation projects.

                    Although there may be advantages to mitigation banking, there are also many potential
                    disadvantages. Opponents of mitigation banking argue that involved agencies invest a great
                    deal of time and money in developing the bank, and that the costs may never be recovered.
                    Because the banking site is developed (and therefore paid for) prior to permitting any of the
                    projects which will be credited towards the bank, and because there is no guarantee that a
                    sufficient number of developers will apply for mitigation credits with the bank, it is possible
                    that the bank operator will never recover the initial investment nor the. continuing maintenance
                    and monitoring costs.

                    There are also several ecologically-based arguments against mitigation banking. For example,
                    the same problems which have contributed to low success rates for individual compensation
                    projects will also exist for mitigation banking programs. In addition, the spatial redistribution
                    of resource types in the landscape and the potential for habitat trade-offs (for example,
                    creating emergent habitat as compensation for forested wetland losses) may result in a
                    reduction of native plant and animal species diversity.

                    Elements of a Mitigation Banking Program
                    Early mitigation banking studies focused primarily on wetlands, however, mitigation banking
                    may be useful for other shoreline resources such as beaches, intertidal habitat, or riparian
                    corridors, etc. Moreover, the current emphasis on wetlands is relevant to shoreline
                    applications because many applicable shoreline areas such as estuaries and riparian corridors
                    include "associated" wetlands.

                    Summarized below are the elements integral to a successful mitigation banking program as
                    described in the 1991 Washington State Department of Ecology report on Wetland Mitigation
                    Banking (cited here as the Mitigation Banking Study) and the 1992 ACOE "Partnerships in
                    Restoration Workshop" (Mitigation Banking Session). As diagrammed in Figure B-1 the
                    tasks to create and maintain a mitigation bank can be divided into "technical" and


                    Appendix B                                                                              H-569









              SMP Handbook - 1994 Edition



              Figure B-1. Elements of a Mitigation Bank




                                                       IMPETUS

                                                                                      Administrative
                                                                                          Elements


                                                      INITIATION
                                                         Goals



                  PLANNING                                                           IMPLEMENTATION
            ï¿½ Environmental                                                               STRATEGY
               priorities                                                             0 Policies
            ï¿½ Area boundaries                                                         * Administration
            ï¿½ Site                                                                    * Regulatory
                                                                                         framework
                                                                                          -7

               BANK DESIGN                                                            MEMORANDUM
           r   & PERMITTING                                                    f      OF AGREEMENT:]
                FINANCING          I

               CONSTRUCTION





                  EVALUATION





                                                BANK ESTABLISHMENT







              Appendix B                                                                               H-569









                    SW Handbook - 1994 Edition



                    "administrative" elements. The technical elements include the scientific, developmental,
                    financial or physical issues associated with bank establishment. The administrative elements
                    involve establishing the bank's regulatory and managerial framework. As the diagram
                    illustrates, the tasks follow two interdependent tracks. Ideally, the tasks roughly follow in
                    sequence, starting with goals and objectives and proceeding to long term management
                    activities. However, recent experience has indicated that the initiation of a bank project may
                    begin at other points in the process. For example, the Washington State Department of
                    Transportation (WSDOT) banking program began by developing an implementation strategy
                    and a memorandum of agreement. The Biringer Berry Farm proposal began by exploring the
                    technical and regulatory issues of a specific site.

                    Because mitigation banks require resource value determinations and public expenditure, public
                    participation will be an important component of bank establishment. Public participation is
                    most effective early in the project, notably in setting goals and objectives, developing a
                    comprehensive resource plan and implementation strategy, and reviewing the memorandum of
                    agreement. At a minimum, representatives from public groups should play an active role in
                    these steps and should be involved in overseeing the long term maintenance of the resource.

                    Each bank element is described below in greater detail. Example projects are provided to
                    illustrate basic concepts. For additional information regarding the examples consult the
                    bibliography at the end of the Appendix.

                    Program Goals
                    Establishing goals is the first task in developing a mitigation banking program. Goals are
                    broad statements of philosophy which establish program direction and are the basis for the
                    program's specific policies and recommended actions. Perhaps the most common goal of
                    mitigation banking programs is to achieve no net loss of resource quantity (area) or quality
                    (values and functions). Another goal may be to increase greater regional acceptance of
                    mitigation banking as a resource management tool by facilitating increased interagency
                    involvement.

                    A mitigation bank!s goals might. include:

                    1.      To restore and enhance existing habitat types to prevent a net loss of-functional and
                            habitat values.

                    2.      To preserve and/or create particular habitat types for specific desirable, threatened, or
                            endangered species.

                    3.      To consolidate many small, otherwise unmitigated shoreline or wetland development
                            projects into one compensation site.

                    4.      To balance shoreline or wetiand preservation and development interests, and to
                            expedite the permit review process.




                    Appendix B                                                                                 H-570









               SMW Handbook - 1994 Edition



               5.     To preserve bank resources in perpetuity through long-term monitoring and
                      management.

               6.     To promote cooperation and administration among the various regulatory authorities.

               7.     To protect and enhance water quality.

               8.     To achieve national and local requirement of "no net loss" of environmental resources
                      in both quantity (area) and quality (value and function)

               9.     To create an interconnected system of environmental resources within a stable,
                      ecologically sound system with a high likelihood for long term survival.

               10.    To promote the multiple use of protected resources for activities such as recreation
                      and education while ensuring that the functions and values are maintained or enhanced.

               Mtigation banks are not intended to allow developers to avoid stringent alternatives analysis;
               this may be the biggest fear of regulatory agencies who are concerned that without such
               analyses, otherwise avoidable impacts will occur.

               Planning

               Comprehensive Environmental Enhancement Planning
               In general terms, a comprehensive environmental enhancement.plan (CEEP) identifies a
               strategy for protecting, enhancing, restoring and/or creating a regiods natural resources based
               on community input and scientific study. Local governments and potential bank operators are
               strongly encouraged to base mitigation banking programs on a CEEP for several reasons.

               e  A CEEP provides the opportunity to identify the extent of resources that might be lost
                  under current development projections.

               9  A CEEP establishes resource protection priorities based on a comprehensive natural
                  resource inventory and assessment. By approaching a region's resources as a whole or as
                  "system", the plan can identify which resources should be protected, enhanced, restored
                  and/or created. This approach ties resources together into a connected system and fills the
                  gaps within the region's spectrum of resource types.

               0  The CEEP process can be designed to include broad participation by property owners, the
                  development community, environmental groups, state and federal agency representatives,
                  tribes and other interested citizens.

               *  Broad public participation allows community values to be incorporated into resource
                  protection goals.
               0  Scientific criteria can be established for determining when off-site mitigation is appropriate            0
                  and when "in-kind" mitigation is appropriate. For example, if a CEEP identifies salt water


               Appendix B                                                                                   H-571








                   SW Handbook - 1994 Edition


                      wetlands as a very high value resource, then the enhancement of a degraded salt water
                      wetland may, under certain conditions, be justified as mitigation for impacts to non-
                      associated, isolated wetlands.

                   e  A comprehensive resource inventory allows the determination of relative resource values.
                      This is necessary for establishing the currency proscribed in the mitigation barWs
                      memorandum of agreement (MOA)and insuring that bank transactions result in a net
                      environmental benefit in terms of resource quantity (area) and quality (value and function).

                   0  CEEPs can meet a range of community objectives. For example a comprehensive
                      wetlands protection plan can protect rare plants, provide open space along a regioWs
                      major streams, provide for water quality improvements, reduce the risk of flooding, meet
                      state and federal wetland protection requirements and provide for economic development.

                   * Provides opportunities for multiple uses of the bank which can increase funding
                      opportunities.

                   * Priorities for Shorelines of State-wide Significance emphasizes a regional approach.



                   EXAWLE: WEST EUGENE WETLANDSPLAN

                   The West Eugene Wetlands Plan (1992), prepared by the City of Eugene, Oregon is one
                   example of the CEEP process. Eugene, Oregon is located in Lane County at the southerly
                   end of the Willamette Valley. Eugene is the second largest city in Oregon with a population
                   of 200,000, people. The West Eugene Wetlands Study and resultant Wetlands Plan (Plan)
                   were undertaken when significant wetlands were discovered in Eugene's primary industrial
                   development area. An extensive community participation process allowed the community to
                   be involved during the scientific study and formulation of the Plan.

                   Inventories of habitat value, wetland boundaries and wetlands functions and values were
                   conducted. It was determined that there were wetlands of greater and -lesser value. The Plan
                   recommended development of the lower value wetlands but because the loss of these lower
                   value wetlands must be mitigated, the Plan proposed the creation of a system of restored and
                   enhanced wetlands ("mitigation bank") to compensate for the loss of the lower value
                   wetlands. The Plan approaches mitigation in a comprehensive manner where resulting efforts
                   satisfy federal and state wetland law and achieve other community needs and objectives such
                   as providing additional flood control storage, water quality enhancement features, improved
                   wildlife habitat and educational and recreational needs. Figure B-2 illustrates a comprehensive
                                                                                                         f
                   approach to resource management where wetlands within a drainage basin are identified  or
                   protection, development, or enhancement prior to development impacts.

                   The Plan utilizes the wetland mitigation bank concept as the primary means for implementing
                   the mitigation program. With this approach, mitigation efforts are planned as a whole where




                   Appendix B                                                                            H-572









               SMP Handbook - 1994 Edition



               the most suitable sites are identified, acquired and restored in advance of wetland impact.
               This concept benefits the natural resource system by comprehensively planning restoration
               efforts while also benefiting the development community by providing greater certainty in the
               development process. The bank system performs the mitigation requirements for individual
               users where the details of compensation are preplanned, constructed and maintained by a
               public or private nonprofit agency.

               To satisfy individual impact requirements, users purchase mitigation credits from the bank,
               thus eliminating uncertainty and saving valuable time and resources.

               Because the bank is planned and. developed as a whole, the details of mitigation can be
               incorporated into the existing environment, resulting in a more logical and natural system.
               The bank is proposed to have sufficient capacity to serve the mitigation needs of the West
               Eugene Wetland Study Area and the community as a whole.


               EXAWLE: CITY OF RiENToN MITIGATION BANK

               The City of Renton is currently undertaking a mitigation banking program that, although much
               less comprehensive than the West Eugene example is based on a resource planning approach.

               As part of requirements under the GMA, the City of Renton prepared a critical areas
               inventory. The results of the wetland portion of the inventory concluded that the City had
               basically three types of wetlands: (1) very high quality wetlands and (2) medium high quality
               wetlands and (3) very low quality wetlands. This three category system is different from the
               usual four categories identified by many jurisdictions. The largest percent of wetlands were
               very low quality wetlands, with the second most frequent wetland occurrence that of high
               quality wetlands. In addition, the very low quality and the very high quality wetlands were
               both generally located in the Green River Valley.

               The Valley had been historically a rich farming plain with existing wetlands. However, in
               1979, before the value of wetlands was recognized, The City had allowed some 800 acres of
               land to be filled. The fill was imported, impermeable glacial till. If the filled parcels remained
               vacant, rainwater collected producing perched wetlands, the lower quality wetlands. These
               wetlands, scattered across the filled areas, fit the COE definition of wetlands. In addition in
               the same area, some large historic wetlands remain, having not been filled. These are high
               quality wetlands with great habitat values, important flood storage value to the City and
               aquifer recharge importance, as well as other wetland functions. Scientific evidence indicates
               that if the glacial till were removed in the Valley area, that historical wetlands could
               reestablish themselves in these excavated areas. The historical seedbed is still present, the
               original hydrology is present and hydric soils are still there.

               In development terms, the presence of the perched wetlands on the filled parcels substantially
               reduces the development potential of the parcels, even though full infrastructure is availabl
               service these parcels.



               Appendix B                                                                                    H-573








                     SMP Handbook - 1994 Edition



                     Figure B-2 Conceptual Comprehensive Wetlands Management Plan.

                      ---- ---------                                       -------------------------------------------------------------------









                                     A--                                                                                  0
                                                                                                                                                                         Stud Area boundary
                                                                                                                                            :----------------------------------y---------------------------------------------------

                                     A-1 -k-
                                  -k- A-- -.k-     --k-
                                                                                                                                               North Oranch 5pur
                                     -k- A--    -k-   A-- -k- -k-
                                  -k- A::- A-1  AL -k- A-1 --k- -k- --L
                          -NL   A--  -i-l                A--
                           k -+-- -k-
                                        -A-
                          -4-   -4:L A-







                                                                                         77
                                                                                                                                                                                                North Fork Titan Creek
                                                          f3oq Road

                                                                                                                                                                                           Titan
                                                                                                                                                                                                           Creek


                                                                                                                                                                        Maroh Road



                                                                                                                                                 -------------               Titan Creek Basin
                                                                                                                                                                   Wetland Recommendations

                       -----------------------------  ---------------

                                                                                                                                                                              Protected

                                                                                                                                                                              Developed

                                                                                                                                                                              Enhanced
                                                                                                                                                                              Upland mitigation sites

                                                                    ----------- -------------------------------------------------- -------------


                    Appendix B                                                                                                                                                                                       H-574









                SW Handbook - 1994 Edition



                The city held focus group meetings with property owners, wetland regulators, environmental
                groups and citizens. A strong consensus emerged from the property owners to fill the smaller
                wetlands up to the then COE regulation of one acre per site. Regulators, environmental
                groups and citizens believed that re-establishment of historical wetlands could work, however,
                they wanted full protection through successful completion, i.e. smaller wetlands could be filled
                if the assurance of success would be present for the re-establishment of historic wetlands.

                The City then wrote its wetlands ordinance setting up the frame work for the bank. The
                SEPA mitigation priority sequencing was written into the ordinance, i.e. avoidance,
                minin-dzation, etc. had to be, considered first before a banking situation could be tried. Ratio
                replacement, monitoring and re-establishment plans were required in the ordinance for any
                banking situation. All properties had to be within the same drainage basin.

                Crucial to the development of the bank was finding a suitable piece of property to use as the
                bank site. Enter Glacier Park Company, mandated by its parent company to liquidate its land
                holdings in the Valley. Two of their properties had existing high quality wetlands adjacent to
                generous areas of fill which could be removed to reestablish new wetlands. Other parcels
                were restricted by low quality wetlands leaving little industrially developable land. Glacier
                Park donated the two large parcels to the City. In exchange, the City agreed to issue Glacier
                Park permits to fill up to one acre of low quality wetlands on each of their six remaining
                parcels. The City also assumed the obligation of mitigating the impacts to the six acres. of
                wetlands likely to be filled after these properties sold.

                Basically, the City came to the following agreement with GPC:

                1. GPC would donate to the City parcels with partially filled and not filled wetlands in
                   exchange for the right to fill five acres of wetlands on six other properties.

                2. A total of 56 acres was donated,. encompassing 26-30 wetlands. The donated land is
                   essentially the Mitigation BanWs first "deposit". The City will allow other property
                   owners within a specified area to use the Mitigation Bank to offset the fill of wetlands.

                3. The City may require other property owners which use the Mitigation Bank to pay the
                   City a specified amount of money. The City will own and operate the bank. The
                   mitigation banking plan is currently in draft form. An engineering/planting plan for re-
                   establishment of the wetlands is also being developed.

                The City Council approved the acquisition of the site and the mitigation bank concept, and
                executed a wetlands mitigation banking agreement with Glacier Park on May 18, 1992.
                T eC      ouncil's decision to acquire the site was the most critical step in the implementation
                of this progressive approach to wetland mitigation.







                Appendix B                                                                                 H-575









                  SW Handbook - 1994 Edition



                  Funding for the mitigation plan was another crucial ingredient in establishing a successful
                  wetlands mitigation bank program. The City's Storm Water Utility allocated funds to finance
                  a wetland restoration plan for the site, based on estimated savings from beneficial flood
                  storage functions performed by potential future wetlands. Since the inception of the mitigation

                  banking concept in April 1991, the City has acquired property for the bank, assembled an
                  interdepartmental team to manage the creation of a mitigation plan, and will hire a consultant
                  to draft the wetland restoration plan and banking system, (debits, credits and management of
                  accounts.) The estimated date of completion for the wetland restoration plan, which includes
                  a site analysis, conceptual master plan, and monitoring and maintenance plan, is August 1,
                  1993 with start up of the mitigation program to follow. The City intends to operate, maintain
                       mo tor the mitigation site in perpetuity. The mitigation banking plan is currently in draft
                  form.


                  A brief discussion of some key areas in the mitigation bank planning process follow.


                  Establishing the Planning Area
                  Ideally, the planning area should be based on natural systems considerations rather than
                  jurisdictional boundaries. Setting study area boundaries to watershed boundaries, for
                  example, may make the most sense. A regional CEEP also might provide an excellent
                  opportunity forinter jurisdictional cooperation. It is important to note that the
                  implementation of off-site mitigation is not a foregone conclusion. Indeed, the plan may
                  conclude that mitigation banking is appropriate in very limited portions of the study area, only
                  or not at all.



                  Site Identification/Selection
                  Site identification and selection begin with establishment of selection criteria. Because
                  banking programs often seek to balance economic growth with natural resource protection,
                  selection criteria are best determined by a cooperative review team comprised of agencies,
                  developers, conservation groups, property owners and others. Examples of selection criteria
                  include: (1) regional environmental resource loss trends; (2) predicted rates of loss; (3)
                  regional goals for restoration or preservation of various environment types; and (4) habitat
                  diversity and creation or enhancement of habitat for desirable species. However, perhaps the
                  most important factors influencing site identification and selection are the program goals and
                  objectives. For example, if a goal is to establish more estuarine habitat, then the site selection
                  process will be directed by that intent.

                  Selecting mitigation bank sites requires an analysis of the types, distribution and values of
                  shoreline resources within the region considering bank program implementation. This analysis
                  is conducted in stages. First, a thorough resource inventory must be performed so that all





                  Appendix B                                                                                     H-576









                 SNW Handbook - 1994 Edition



                 resources are identified. In some cases this will have been accomplished as part of
                 Washington State Growth Management Act compliance. This is important not only to locate
                 candidate banking sites, but also to evaluate the number, type and total area of shoreline
                 resources existing in the study area to which alterations may be permitted in the future.
                 Without this information, the necessary size of the banking site cannot be established.

                 Inventory data are used to determine the types of resources which may be created at a
                 mitigation bank site. This information accomplishes two purposes by identifying environments
                 to which alterations may be allowed in the future, and by identifying potential banking sites.
                 Highly rated environments are not candidates for alteration, and therefore are not
                 incorporated into mitigation banks. This is because the risk of degradation to highly rated
                 environments or shorelines from bank construction and other disturbances is too great. Low
                 value shoreline resources, however, are the most likely environments to which alterations may
                 be permitted. Because the risk to low rated shorelines-from construction is proportionally
                 low, these areas may also be good candidates for banking sites. In any event, the "credit"
                 given to the compensatory effort must be a function of the bank!s environmental qualities after
                 enhancement minus the site's environmental qualities prior to enhancement.

                 After the resource inventory is completed and resource ratings for shoreline projects are
                 assigned, potential banking sites are identified. Site identification is constrained by availability
                 of areas possessing the required characteristics that will support the desired environment.
                 Shoreline resources, including wetlands, occur in specific geographic positions on the
                 landscape such as river deltas, bay shorelines, lake shores and coastal areas and are part of a
                 continuum of ecosystems which are in dynamic equilibrium. Shorelines are important
                 transitional zones between aquatic and upland habitat types. As such, they cannot be created
                 everywhere; their existence depends on a multitude of specific land form, hydrologic and
                 ecological processes. Hence sites are limited to areas that possess specific physical, chemical
                 and biological characteristics.

                 Specific site identification and selection recommendations are as follows:

                 1.      Environmental resource inventories, including field verification and assigning ratings to
                         all shoreline resources, should be performed.

                 2.      Low-value resource areas should be identified.

                 3.      High quality shoreline resources should neither be    used for banking sites nor for
                         development sites.

                 4.      The ideal banking site would restore a shoreline resource to historic natural conditions.

                 5.      Preference should be placed on selecting sites that will support an environment which
                         is functionally equivalent to the environment likely to be impacted by development.

                 6.      Regional differences within Washington State should be recognized. At a minimum,
                         the state could be divided into eastern and western washington. Differences should
                         also be recognized between marine, river and lake shorelines.

                 Appendix B                                                                                      H-577









                  SW Handbook - 1994 Edition



                  Implementation- Strategy
                  The proposed batiles adn-@istrative framework is best conceived in parallel with the physical
                  planning work, since the scientific regulatory and procedural issues are so intertwined. The
                  conceptual implementation strategy developed at this point should identify:

                  I .     The participants and their role in the banking process;

                  2.      Under what conditions the bank may be used;

                  3.      The regulatory procedures required by the resource agencies;

                  4.      The system of currency for bank operation;

                  5.      Method of financing construction and evaluation; and

                  6.      Provisions for long-term maintenance.

                  These issues are best addressed through a committee which includes members of the
                  interested public, resource agencies, local governments, affected Native American Tribes and
                  project proponent. Dedicated technical staff will most likely be needed to organie the
                  committee and provide information and support.

                  An example of such a process is provided by the Washington State Department of
                  Transportation (WSDOT) proposal for a mitigation program.

                  WSDOT is currently pursuing a program in which compensatory mitigation banks can be
                  established prior to wetland impacts associated with road improvements.. Because WSDOT's
                  project programming is so far in the future, there is time to establish a bank prior to applying
                  for the necessary permits. The process that WSDOT has begun emphasizes coordination
                  between regulatory agencies and setting up the administrative process and regulatory
                  procedures for establishing the banks. Rob Tiedeman was the consultant assisting the
                  department. Several two day retreats were. held to set up a framework agreement between all
                  participants, including the State Departments of Ecology, Wildlife and Fisheries, EPA, and
                  other federal agencies. An Oversight Committee (Committee) consisting of key agency
                  representatives was established that will govern the bank operations. A draft Memorandum of
                  agreement has been prepared and is currently in review. Key elements of the draft MOA
                  include:

                  I .   The SEPA mitigation priority sequencing is still in place. That is (1) Avoidance, (2)
                        Minimization, etc.

                  2.    Relationship of Authorities to the agreement. Regulatory agencies retain autonomy for
                        their review process.

                  3.    Responsibilities of the Oversight Committee. The Committee will govern the bank.

                  4.    Criteria for bank site selection.


                  Appendix B                                                                                   H-578









                            SW Handbook - 1994 Edition


                            5.      System of currency, credits and debits. The value of the resource is a function of area
                                    using the Ecology wetland rating system..

                            6.      Monitoring protocol.

                            7.      Resource maintenance.

                            Public participation W`111 be done on a case by case basis with the local communities.

                            Memorandum of Agreement
                            The purpose of the implementation strategy is a Memorandum of Agreement (MOA). Below
                            are outlined some of the key elements in an MOA.

                            MOAs are legally binding agreements, usually between agencies with regulatory and/or vested
                            interests (for example, the Washington Departments of Ecology, Wildlife, and Fisheries).
                            These documents specify the roles, duties and responsibilities of each of the parties and often
                            include:

                            I .         Specific criteria for use, such as determination that the projects re design, on-site
                                        mitigation and other off-site mitigation alternatives are inappropriate or unfeasible-,

                            2.          Inclusion of, or reference to, comprehensive regional plans and/or other planning
                                        documents with similar and related goal objectives;







                                                        8 L U E R     VF-P,




                                                                                                            Memorandum of Agreement


                                                                                                     What - we the criteria for use of the mitigation
                                                                                                     bank? What am the responsibilities of earit
                                                                                                     team member? What types of projects are eligible?
                                                                                                     Who - will operate the banX review procedures,
                                                                                                     and insure long-term maintenance?
                                                                                                     When - will developments be permitted to use
                                                    M                                                the bmW
                                                                                                     Where - will the, bank site be locawd? Where
                                                                                                     will development sites be permitted?

                                                                                                     How - will decisions be made and bank credits
                                                                                                     calculated? How will the bank be monitored
                                                                                                     and maintained?



                            The Memorandum of Agreement outlining bank operating procedures is the cornerstone of any
                            mitigation bank.


                            Appendix B                                                                                                                                         H-579








                   SAP Handbook - 1994 Edition


                   3.      Definition of the obligations and responsibilities of the participants;

                   4.      Establishment of an interagency bank overview team;

                   5.      Definition of the decision making and conflict resolution processes;

                   6.      Identification of who will hold the title or other legal agreement for bank land(s);

                   7.      Geographic limits of sites eligible to use the bank;

                   8.      Establishment of the size of the bank;

                   9.      Identification of the standardized methodology to be used in evaluating credits and
                           debits (as well as the accounting process);

                   10.     Specification of the resource types that are eligible to be offset by the bank; and

                   11.     Establishment of monitoring and evaluation procedures for mitigation projects and any
                           related adjustments in bank management or credits.

                   Mitigation Bank Operator
                   The mitigation bank operator is the legal entity established to develop the mitigation bank
                   program and to create and maintain environmental resources at the mitigation bank site. The
                   bank operator is responsible for the day-to-day management of the bank site as well as the
                   long-term integrity of the resource. The operator's duties include monitoring the biological,
                   chemical and physical conditions of the created resource, and summarizing the results in
                   reports to be reviewed by resource agencies, environmental groups and development
                   associations. If the bank operator is an agency, it may also be the operatoes responsibility to
                   issue permits to allow resource alterations for which compensation will be Made within the
                   banking system.

                   Nfitigation bank operators are responsibile for maintaining bank resources in perpetuity. The
                   mitigation banking study makes the following recommendations regarding the selection of a
                   mitigation bank operator.

                   1.      A coalition of regulatory agencies and local governments can be the bank operator.
                           Local governments may act as the lead agency, and provide regular maintenance and
                           monitoring; state and/or federal agencies should be used in a supervisory and review
                           capacity.

                   2.      MOAs should be used to specify responsibilities of each member of the bank operator
                           coalition.

                   3.      Environmental groups should become involved. Qualified members could be trained
                           to perform monitoring and maintenance in the created habitat. Without direct
                           environmental group involvement,, there cannot be sufficient influence to balance that


                   Appendix B                                                                                H-580









                SW Handbook - 1994 Edition



                        of the development community, however volunteers are not a substitute for
                        government and agency act-ions.

                Establishment and Use of Credits and Currency
                Compensatory mitigation banking somewhat resembles a conventional bank account. The
                following description of the establishment and use of mitigation banking credits is excerpted
                from a 1988 US. Fish and Wildlife Service Report (#88(41)) by C. Short.

                        A developer undertakes measures to create, restore, orpreservefish and wildlife
                        habitat in advance of an anticipated needfor mitigation for projected construction
                        impacts. Ae benefits attributable to these measures are quantified, and the
                        developer receives mitigation creditsfrom the appropriate regulatory andlor
                        planning agencies. 7hese credits are placed in a mitigation bank accountfrom
                        which withdrawals can be made. When the developer proposes a project involving
                        unavoidable losses offish and wildlife resources, the losses (debits) are quantified
                        using the same method that was used to detennine credits, and a withdrawal equal
                        to that amount is deducted (creditedfrom the bank). This can be repeated as long
                        as mitigation credits remain available in the bank.

                Entities besides developers could sponsor mitigation banks. Expanding public facilities
                (schools, treatment plants, roadways, pipelines, etc.) also may impact shorelines. In these
                instances, agencies such as public works and transportation departments may wish to create
                mitigation banks.

                Mitigation credits are the "currency" of a banking program. The mitigation banking study
                recommends the following points regarding the use of mitigation banking credits.

                1 .     Credit allotment should be based on specific resource functional values or an
                        established resource criteria.

                2.      A standard environmental evaluation technique, should be used to assess resource
                        functional values.

                3.      Wherever feasible, shoreline functional values should be quantified. While some other
                        shoreline functions are difficult to quantify, others such as water quality and wildlife
                        usage can be measured.

                4.      Mi tigation fee banking should be considered only if large sums of money can be
                        committed at the outset of the program and only if some means can be established of
                        ensuring that money will continue to be available for the life of the bank site.

                Criteria for Use
                Mitigation banking programs are designed to compensate for permitted resource losses in
                those instances when on-site mitigation is either unfeasible or undesirable from an
                environmental resources perspective. Shorelines or wetlands which may be altered as part of


                Appendix B                                                                                   H-581









                    SNT Handbook - 1994 Edition



                    a mitigation banking program are often identified prior to the creation of the bank site
                    (although the alterations are not permitted until well after the bank site has been created,
                    restored or enhanced and proven successful). The mitigation banking study summarizes the
                    criteria which are used for determining which areas may be considered for inclusion'in a
                    mitigation banking system.

                    Criteria for use determines which shorelines or wetlands may be altered and subsequently
                    compensated for at the mitigation banking site. The study makes the following
                    recommendations regarding establishing criteria for use.

                    I .     Only projects that have unavoidable and necessary impacts should be considered for
                            incorporation in a banking program.

                    2.      Only projects which meet all regulatory requirements.should be considered for
                            incorporation in a banking program.

                    3.      All feasible and ecologically sensible means of on-site compensation must be explored
                            before incorporation into a banking system is considered.

                    4.      Eligible development sites should be comprised of the same habitat type(s) as the bank
                            site, so that compensation will be accomplished in-kind.

                    5.      Eligible development sites should be in the vicinity of the compensation site. Ideally,
                            the candidate environments and the bank site should be located in the same drainage
                            basin, especially if water quantity and quality issues are of primary importance.

                    6.      If habitat availability is the primary concern, then the candidate sites should be near
                            enough to the bank site so that wildlife can become established at the bank site, but far
                            enough away so that development activities do not adversely impact the bank site.

                    7.      Candidate development    sites should be small, isolated and preferably degraded (hence,
                            of low value) to such a degree that permitting alterations to the shoreline or wetland in
                            It exchange" for one large, high value environment is ecologically desirable.

                    Long-term Management
                    A mitigation bank operator is responsible for the short-term management of a banking
                    program, from creating the banking program to constructing the compensation site, issuing
                    credits and maintenance and monitoring of the site until all credits have been issued.

                    Once all credits have been issued, ongoing mitigation banking activities include monitoring,
                    maintenance and remedial actions. Without these measures, compensatory mitigation may be
                    only temporary and thus ineffective.

                    The long-term mitigation bank manager may either be the original bank operator or a public
                    agency, port district or conservation group, but the bank must be preserved as part of the
                    public trust.


                    Appendix B                                                                                   H-582









               SW Handbook - 1994 Edition



               One advantage of retaining the original bank operator as the long-term manager is that the
               original operator would be familiar with the bank site and its history (including any problems
               which have occurred). The funding mechanism, monitoring and maintenance protocol and
               procedures for reporting to regulatory agencies will be well established by the time all
               mitigation credits are issued. A disadvantage of retaining the original bank operator for public
               agencies may be the inability of the program to absorb unexpected cost increases.

               It may be advantageous for an environmental group to become the long-term manager
               because much of the labor is performed on a volunteer basis, so incremental increases in costs
               will not limit their activities as much as it would an agency. However, volunteers can lose
               interest and there may be no mechanism to guarantee their long-term involvement.

               When the long-term manager is a public agency, there may be a greater public cost if the
               expenses for bank operation increase beyond those levels which are calculated when the
               credits were issued. When the long-term manager is an environmental group, then unexpected
               public expenses are not as likely to be incurred. This is partly because most environmental
               groups have considerably lower operating costs than do public agencies. In addition,
               entrusting long-term management to conservation groups results in a greater perceived and
               realized involvement for the environmental community. This is important, especially in areas
               where environmental groups oppose the implementation of mitigation banking programs.

               In order to provide regulatory compliance during that period in which mitigation credits are
               being issued, and to provide for the long-term ecological succ'ess of the bank site, the short-
               term operator team could include representatives of the conservation group to which long-
               term management will be entrusted. Thus continuity in monitoring, maintenance and remedial
               action will be preserved in perpetuity.






















                                A mitigation bank must have a legal means to protect the resource.


               Appendix B                                                                               H-583









                    SNT Handbook - 1994 Edition


                    Long-term management of mitigation banks begins when all mitigation credits have been
                    issued and long term preservation procedures approved. Long-term management activities
                    center on monitoring, maintenance and remedial actions. The following recommendations are
                    ,made for long-term mitigation bank operation.

                    L.     Both public agencies and conservation groups or land trusts should be involved with
                           mitigation bank management.

                    2.     Public agency involvement should decrease after all mitigation credits are issued, but
                           agencies should always be responsible for overseeing regulatory compliance.

                    3.     Conservation group involvement should increase as the banking program enters the
                           long-term management phase. Monitoring, maintenance and remedial actions should
                           be their responsibility from the outset of the program.

                    Bank Permitting and Design
                    Once a site has been selected and the basic administrative procedures and organization
                    outlined in an implementation 'strategy, work can begin on the bank site's design and
                    permitting. The Biringer Berry Farm proposal provides a local example of this process.


                    ExAmPLE: BHUNGER BERRY FARm

                    The firm of Biringer and Ebert has developed a plan to create a 363 acre intertidal salt marsh
                    and associated wetlands in the City of Everett. The firm has engaged Reid Middleton and
                    Pentec; Environmental to provide potential cost effective site designs to revert the property
                    back to a tidally influenced wetland. Upon obtaining permits, the firm's objective is to market
                    land to area developers in need of quality off-site mitigation for wetlands displaced or altered
                    by their developments. The entire site could also be transferred to a public or private entity.
                    The project has already received a DNS and a Shoreline Substantial Development/Conditional
                    Use Permit from the Snohomish County Planning Department.

                    The Biringer Farm is located on the northern portion of Spencer Island in the lower
                    Snohomish River Delta. The site is east of Interstate 5, bordered by Union Slough to the
                    south and Steamboat Slough to the north and west. The site has been used as agricultural
                    land for the past 20 years or more, is considered to be prior converted corpland, and produces
                    crops that include strawberries, vegetables, seeds, and trees. Features of the site include 350
                    acres of privately owned diked farmland, 2.5 acres of waterfront on Steamboat Union
                    Sloughs, and proximity to adjacent county and state owned wetlands and marshes.

                    The proposal compliments recommendations made in the Snohomish River Wetlands
                    Management Plan and the Snohomish County Public Worles Comprehensive Flood Control
                    Management Plan (1990). Figure B-3 illustrates the project site.





                    Appcndix B                                                                             H-584









                SMP Handbook - 1994 Edition



                              ld$@'@..  psed
                       w    01- ", ,
                                                                              -iY
                          ec              irAiqqkit
                                      41,; ft
                                                          29@
                       COY mwa       4   tate
                                 4M,,r

                                       WIce     Peek Wet

                                                                             3.3         -:@, ----------
                                                          32
                                                                                              34


                                                                        140 it
                                                                            h Eibejr@,,
                                                                  9 1



                                                          - - - - - - - - - - - -
                                                - - - - - - - - - - - -


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                                                          _PreteCt  e-,"
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                                                                                                             (@J


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                                                                                           Ndrthweii E*q!'@-



                                                                                   South@Spencmr





                  BIRI
                   363,,,AcreS
                  Restora




                                                                 SC*
                                                          )NO to




                Figure B-3. The Biringer Berry Farm is a proposal to revert approximately 365 acres of existing
                farmland to its former habitat as an intertidal wetland. The proposal compliments recommendations
                made in the Snohomish River Wetlands Management Plan and the Snohomish County Public Work's
                Comprehensive Flood Control Management Plan (1990). Graphic prepared by Pentec: Environmental
                                                                                                    beT.







































                and Reid Middleton and provided courtesy of Biringer and Ebert.



                Appendix B                                                                                           H-585









                    SNT Handbook - 1994 Edition



                    Financing
                    Procuring funds to establish a mitigation bank is one of the most difficult hurdles in the
                    process. Essentially, a mitigation bank is a long-term investment and unless there are unusual
                    circumstances, it takes public sector funds to initiate a banking program.

                    Financing options for wetlands restoration programs were examined in two publications:
                    Review of Wetland Restoration Programs and Financing State Wetlands Programs, prepared
                    by Apogee Research, Inc. for U.S. Army Corps of Engineers Institute for Water Resources Ft.
                    Belvoir, Virginia. Though these programs are focused on wetlands, not necessarily shoreline
                    resources or mitigation banking per se, the publications offer some useful information
                    regarding resource protection program financing.

                    The first publication identified sixty-eight programs that conduct or facilitate wetland
                    restoration or creation and explores the potential to link the implementation of these programs
                    to compensatory mitigation as required under Section 404 of the Clean Water Act. The
                    second publication is organized to provide information on what states are doing to protect
                    wetlands, how to pay for these activities using alternative financing mechanisms, and how to
                    evaluate which alternative financing mechanisms are appropriate.

                    Non regulatory programs play a significant role in state wetlands protection by promoting
                    public and private stewardship to protect and manage wetlands resources. Non regulatory
                    programs include acquisition programs, public land management and government programs
                    providing incentives or technical assistance for private land management to promote wetlands
                    functions. Acquisition programs include: fee simple acquisition, easements, acquisition by
                    private, non-profit organizations (Nature Conservancy, The Trust for Public Lands), private
                    land management and government programs promoting private land management for example
                    tax advantages or subsidies offering incentives. The Washington State Ecosystems
                    Conservation Program provides cost-share funding and technical assistance to landowners for
                    upland wildlife restoration and wetland, riparian and endangered species habitat restorations;
                    other federal and state agencies and landowners are partners contributing funds or in-kind
                    services. The program is funded by allocations from the U.S. Fish and Wildlife Service
                    through annual appropriations to wildlife refuges.

                    Alternative financing mechanisms include: fees, taxes, waterfowl or habitat stamps, "sin"
                    taxes, fines and penalties, bonds, lottery revenues, voluntary contributions, income tax
                    checkoffs and matching funds.

                    Michigan, new jersey, Oregon, Maine, Pennsylvania, Ohio and Louisiana all have permit
                    application fees related to development activities affecting aquatic resources. Permit
                    application fees typically cover the cost of regulating the resource but do not generate funds
                    for purchase, creation, restoration or enhancement activities.

                    In New Jersey, if off-site mitigation options are not feasible, the permittee must make a
                    monetary donation to the Wetland Mitigation Bank created by New Jersey's 1987 Freshwater
                    Wetlands Protection Act.



                    Appcndix B                                                                                 H-586









             SN7 Handbook - 1994 Edition



             Tennessee maintains a dedicated fund for the acquisition of wetlands and bottornland
             hardwood forests financed through a portion of the state's property transfer tax which is
             deposited in the Wetlands Acquisition Fund.

             State and federal grants will be another source of funds for mitigation banks. As the concept
             of mitigation banking becomes more widely accepted such projects may become eligible for a
             variety of state and federal grants. For example, the recently introduced Intermodal Surface
             Transportation Efficiency Act (ISTEA) identifies mitigation banks as projects eligible for
             funding. The EPA and the Department of the Interior funded some of the upfront cost of
             wetlands purchase as part of the West Eugene Wetlands Plan. Following is a partial fist of
             potential funding sources at the federal, state and local levels. Note that the following fist
             does not constitute an endorsement of mitigation banking on the part of any of these
             organizations.

             Federal Sources

             1.     U.S. Fish and Wildlife Service
                    a.     Land and Water Conservation Fund
                    b.     Urban Wetlands Initiative
                    C.     Fish and Wildlife Enhancement Fund
                    d.     Fish and Wildlife Enhancement Fund
             2.     North American Wetland Conservation Act
             3.     Bonneville Power Administration/Northwest Power Planning Council (for Washington
                    Counties adjacent to the Columbia River)
             4.     Community Development Block Grant Funds
             5.     Water Resources Conservation Fund
             6.     Migratory Bird Conservation Fund
             7.     North American Wetlands Conservation Fund
             8.     Army Corps of Engineers Water Resources Development Act
             9.     Intermodal Surface Transportation Efficiency Act

             State Sources

             1.     Coastal Zone Management Funds
             2.     Flood Control Assistance Account Funds
             3.     Centennial Clean Water Funds
             4.     Interagency Committee for Outdoor Recreation (IAC)
             5.     Aquatic Lands Enhancement Account (ALEA)

             Local Sources
             1.     Local Improvement District
             2.     Systems Development Charge/Impact Fee
             3.     Storm-water Utility
             4.     Property Tax
             5.     Water-control district
             6.     Dedicated Revenue source



             Appendix B                                                                          H-587








                  SMT Handbook - 1994 Edition



                  EXAMPLE: TnE WEsT EuGENE WETLANDS PLAN

                  The West Eugene Wetlands Plan will be funded primarily by (1) securing state and federal
                  funds,.(2) insituting a local, city-wide stormwater utility, (3) sale of "credits" in the regional
                  mitigation bank, and (4) private contributions through or to nonprofit organizations or
                  foundations.

                  The City secured $3,000,000 in funding over two years through the Department of the
                  Interior's Land and Water Conservation Fund. The fund was established in 1964 for
                  conservation and outdoor recreation projects. The funds are allocated through the US Fish
                  and Wildlife Service initially sought a federal sponsor in the the US Fish and Wildlife Service
                  but the agency determined that the Plan was too "urban" to fit the agency's mission. BLM
                  ultimately became the Plan's federal sponsor.) (2) Oregon Senator Marc Hatfield (a senior
                  Senator who sits on the Senate Appropriations Committee) who worked on obtaining funding
                  for the project for several years and (3) a local coalition which included the City, the County,
                  The Nature Conservancy, BLM, COE, and the Division of State Lands. The coalition makes
                  a showing in Washington D.C. annually to report progress on local activities and to lobby for
                  funding. The local coalition, which involved all interested parties early in the process, was a
                  big selling point for the plan. The City also retains full time lobbyists in Washington D. C
                  (Bjorklund, personal communication, 7/19/93).

                  An effective support building tool for the West Eugene plan was taking people, including local
                  elected officials, interest groups, environmental groups, chamber of commerce, legislators,
                  state and federal agency people, and congressional delegates on tours of the City's most
                  valuable wetlands sites. The tours were led by people who knew the sites and their values
                  we , and the political factors that were most important to the project (Bjorklund, personal
                  communication, 7/19/93).


                  Shoreline Master Program Tools
                  For jurisdictions anticipating the development of an environmental mitigation banking
                  program, Shoreline Master Program regulations can be a useful tool. Each of the elements
                  identified in the 1991 Mitigation Banking Study, has an implication for shoreline management
                  and the Master Program can provide policy and/or regulatory direction for their
                  implementation. In some cases, such as the comprehensive inventory and location of bank
                  sites, the SNIP amendment process will include important planning information or a shoreline
                  use perspective. The following are suggestions for ways in which SNT regulations can direct
                  formulation of each of the mitigation banking program elements. Suggested environmental
                  mitigation banking provisions are presented at the end of this chapter. The provisions may be
                  included under a "Environmental Mitigation Banking" subheading under the "Environmental
                  Impacts" section of an SMP's General Provisions.






                  Appendix B                                                                             H-588









                SW Handbook - 1994 Edition



                Program Goals and Objectives
                SMP provisions for mitigation banking should, at a minimum further the goals recommended
                by the 1991 mitigation banking study plus any others developed by the local advisory
                committee. This will serve notice that the banking program is not established merely to aid
                developers.


                Site Identification and Selection
                The comprehensive planning effort involved in an SMP amendment wiH help in identifying
                potential mitigation bank sites as well as potential shorelines areas where banking credits may
                be appropriate. An SMP may identify where a bank may be located by either designating a
                specific site or by identifying environment designations where a bank may be appropriate.
                SMP policies and regulations should also include performance criteria that help in evaluating
                bank sites.


                Bank Operator
                The SUP should call for the designation of a bank operator and require that a Memorandum
                of Agreement (MOA) be signed by involved parties and approved by the Department of
                Ecology. It may be advisable to permit the establishment of a mitigation banking program
                with a designated site as a conditional use only. Since it is critical that the bank be developed
                and its value demonstrated prior to any credits being issued, and since the Department of
                Ecology will be involved in any  permits granted through the banking program, the Department
                should be included in any MOA.

                Establishment and Use of Credits and Currency
                Determining the method of credit allocation and impact evaluation is a complex technical
                issue. It will be advantageous to allow flexibility in determining the credit system unless a
                specific study is undertaken prior to the SMP amendment. The suggested language includes
                some non-specific policies for credit systems.


                Criteria for Use
                SMP provisions should set general policy guidelines and, in some cases, regulatory standards
                for the use of bank credits in development projects. Since determining whether or not
                banking credits are appropriate in mitigating a development project, it may be advisable to
                require that all projects involving the use of mitigation bank credits obtain a "conditional use"
                permit. In this way the Department of Ecology's technical services will be available and the
                Department will be involved early in the permit evaluation.

                Mitigation Options
                The SMP regulations should clearly state that off-site mitigation shall be permitted only where
                avoiding impacts, minimizing impacts, rectifying impacts or reducing the impacts on-site are
                either unfeasible or undesirable from a natural resources perspective. Effective on-site
                mitigation is preferred to off-site mitigation, even when a mitigation bank is available.


                Appendix B                                                                                  H-589









                   SM7 Handbook - 1994 Edition


                   Long Term Management
                   SNIP policies and regulations should require that some mechanism for long term maintenance
                   of the resource and contingency measures be established. The terms of this long term
                   management strategy should be stated in the MOA and should be subject to Department of
                   Ecology approval. If possible, the SMP should identify conditions that trigger the application
                   of contingency measures.

                   Construction, Maintenance, Monitoring and Reporting
                   Since new techniques for these activities are constantly emerging and vary with the type of
                   shoreline or wetland environment, the requirements for construction and scientific work
                   should be stated in general terms. The suggested language for this element is placed in the
                   policies section to provide guidance rather than a strict regulatory standard.

                   Model Language for Environmental Mitigation Banking
                   The Department of Ecology's recommended Shoreline Master Program provisions for
                   environmental mitigation banking are currently evolving. These provisions represent the most
                   recent policies developed by the Department.

                   Policies
                   1 .    Shoreline environmental mitigation banking programs should pursue the following
                          objectives:

                          a.      To protect and enhance existing shoreline resources and to prevent a net loss
                                  of shoreline resource quantity (area) and quality (functions and values);

                          b.      To restore and/or create shoreline resources which are integral to a connected
                                  shoreline system;

                          C.      To insure that off-site mitigation shall be integral to a connected shoreline
                                  system;

                          d.      To aggregate many shoreline development projects into one compensation site;

                          e.      To balance natural resource preservation and development interests; expediting
                                  the shoreline permit review process;

                          f.      To preserve bank environments in perpetuity through long-term monitoring
                                  and management; and

                          9.      To promote cooperation and administrati  on among the various regulatory
                                  authorities.






                   Appendix B                                                                               H-590










               SW Handbook - 1994 Edition



               2.      All mitigation bank sites should be:

                       a.     Of ample size, as determined by the program goals;

                       b.     Ecologically linked with proxim al natural areas;

                       C.     Isolated or buffered from disruptive adjacent land uses; and

                       d.     Available for acquisition;

                       e.     Selected on the basis of a natural resource inventory and a comprehensive
                              environmental enhancement plan;

                       f      Evaluated according to set criteria developed in the program planning.

               3.      The procedures and administration of the mitigation banking program should be
                       clearly'stated in a Memorandum of Agreement (MOA) or similar device. The
                       Washington State Department of Ecology and City/County should be participants in
                       the agreement.

               4.      Unless there is another overriding concern, a coalition of regulatory agencies and local
                       governments should be the bank operator. Local governments should act as the lead
                       agency, and provide regular maintenance and monitoring; state and/or federal agencies
                       should be used in a supervisory and review capacity.

                       a.     MOAs should be used to specify responsibilities of each member of the bank
                              operator coalition.

                       b.     Environmental groups should be involved. Consideration should be given to
                              training qualified members to perform bank monitoring and maintenance.

                       C.     Funding for creating the banking program should be provided by those groups
                              who apply for permits to alter shoreline resources.

               5.      The allocation of credits should adhere to the following principles:

                       a.     Credit allotment should be based on the net increase in specific ecological
                              functional values provided through creation, restoration or enhancement of the
                              bank site.

                       b.     A standard environmental evaluation technique, should be used to assess
                              natural system functional values.

                       C.     Wherever feasible, ecological functional values should be quantified.






               Appendix B                                                                              H-591









                     SAW Handbook - 1994 Edition



                     6.      Bank credits should be considered only for projects which demonstrate on-site impacts
                             have been avoided, minimized, rectified, or reduced through design; mitigation of the
                             project site is unfeasible due to conflicting uses; or the project requires a shoreline
                             location to fulfill its purpose.

                     7.      Both public agencies and conservation groups or land trusts should be involved with
                             mitigation bank management.

                             a.      Public agency involvement should decrease after all mitigation credits are
                                     issued, but agencies should always be responsible for overseeing regulatory
                                     compliance.

                             b.      Conservation group involvement should increase as the banking program
                                     enters the long-term management phase. Monitoring, maintenance and
                                     remedial actions should be the responsibility of a conservation group from the
                                     outset of the program.

                     8.      Construction and management practices should incorporate current best management
                             practices.

                     9.      A plan for the regular monitoring of the bank should be established.

                     10.     Bank reporting standards should be established which include the following:

                             a.      A summary of the progress of the banking program to provide a means for
                                     concerned groups other than the bank operator to assess the relative success of
                                     the site, and to document potentially successful mitigation strategies which
                                     others may wish to emulate. The methods and results of the monitoring
                                     protocol should be summarized in reports which should be made available to
                                     regulatory agencies, researchers, conservation groups, developer associations
                                     and the general public.

                     11.     A contingency plan should be established in the event that the bank program is not
                             meeting its objectives. If all success criteria are not being met, all or portions of the
                             contingency plan should be pursued.

                     Regulations
                     I .     Environmental mitigation bank sites shall:

                             a.      Be selected on the basis of an environmental resource inventory and
                                     comprehensive environmental enhancement plan.

                             b.      Be selected on the basis of objective specified criteria.

                             C.      Not be a high value natural resource (state appropriate classification).



                     Appendix B                                                                                    H-592









               SN7 Handbook - 1994 Edition



                      d.      As much as possible, be functionally equivalent to those resources likely being
                              impacted by development.

                      e.      As appropriate, recognize regional environmental management issues related to
                              type of resource, diversity of habitat and geographic patterns.

                      f       Be of ample size, as determined by the program goals;

                      9.      Be ecologically linked with proximal natural areas;

                      h.      Be isolated or buffered from disruptive adjacent land uses.

               2.     The procedures, responsibilities, administration and financing of a mitigation banking
                      program shall be specified in a memorandum of agreement (MOA) or other legal
                      instrument. The MOA or other instrument must specify:

                      a.      The name and responsibilities of the bank operator;

                      b.      Specific criteria for use, such as determination that project re design, on-site
                              mitigation and other off-site mitigation options are unfeasible or undesirable
                              from a natural resources perspective;

                      C.      Inclusion of, or reference to, a comprehensive environmental enhancement plan
                              and/or other planning documents with similar and related goal objectives;

                      d.      Definition of the obligations and responsibilities of the participants;

                      e.      Establishment of an interagency bank overview team;

                      f.      Definition of the decision making and conflict resolution processes;

                      9.      Identification of who will hold the title or other legal agreement for bank
                              land(s);

                      h.      Limits of the use of the bank to a specific geographic area; establishment of the
                              site of the bank;

                      i.      Identification of the standardized methodology to be used in evaluating credits
                              and debits (as well as the accounting process);

                      j.      Specification of the shoreline resources that are eligible to be offset by the
                              bank;and

                      k.      Establishment of monitoring and evaluation procedures for mitigation project
                              and any related adjustments in bank management or credits;

                      1.      Mechanism for the long term preservation and maintenance;



               Appendix B                                                                              H-593









                   SW Handbook - 1994 Edition



                           M.      Funding and financing of the program.

                           n.      That bank credits may be used only after bank creation has proven successful.

                   3.      The criteria for mitigation credit allotment shall be approved by the Department of
                           Ecology.

                   4.      The establishment of a designated mitigation bank site shall be approved by conditional
                           use only.

                   5.      All projects utilizing mitigation banking to mitigate environmental impacts shall require
                           a conditional use permit.

                   6.      Projects eligible for mitigation banking shall meet the following criteria:

                           a.      Only projects that have unavoidable and necessary impacts should be
                                   considered for incorporation in a banking program.

                           b.      Only projects which meet all regulatory requirements should be considered for
                                   incorporation in a banking program.

                           C.      All feasible and ecologically sensible means of on-site compensation must be
                                   explored bef6re incorporation into a banking system is considered.

                           d.      Candidate shorelines or wetlands should perform the same or less valuable
                                   habitat function as the bank site, so that compensation will be accomplished in-
                                   kind.

                           e.      The candidate wetlands or shoreline to be developed should be in the vicinity
                                   of the compensation (bank) site or in a location that is functionally equivalent
                                   so that the bank site can accomplish the same function as the development site.

                           f       If habitat availability is the primary concern, then the candidate sites should be
                                   near enough to the bank site so that wildlife can become established at the bank
                                   site, but far enough away so that development activities do not adversely
                                   impact the bank site.

                           9.      Candidate environments should be small, isolated. and preferably degraded
                                   (hence, of low value) to such a degree that permitting alterations to these
                                   shorelines or wetlands in "exchange" for one large, high value wetland is
                                   ecologically desirable.









                   Appendix B                                                                                H-594







                                                 Bibliography


              Apogee Research, Inc. 1993. Alternative Mechanisms for Compensatory Mitigation: Case
                     Studies and Lessons About Fee-Based Compensatory Mitigation. Apogee Research,
                     Inc. for U.S. Army Corps of Engineers Institute for Water Resources Ft. B elvoir,
                     Virginia.

              Apogee Research, Inc. 1993. Review of Wetland Restoration Programs. Apogee Research,
                     Inc. for U.S. Army Corps of Engineers Institute for Water Resources Ft. Belvoir,
                     Virginia.

              Apogee Research, Inc. 1990. Financing State Wetlands Programs. Apogee Research, Inc. for.
                     Office of Wetlands Protection U.S. Environmental Progrection Agency.

              Bjorkland, Neil,, City of Eugene, Oregon, Department of Planning and Community
                     Development. Telephone Conversation July, 19, 1993.

              Brumbaugh, R. and R. Reppert. 1992. Wetlands Mitigation Banking Demonstration Study
                     and Status Summary. U.S. Army Corps of Engineers Institute for Water Resources.

              Castelle, A.J., C.. Conolly, M. Emers, E.D. Metz, S. Meyer, M. Witter, S..Mauerman, M.
                     Bentley, D. Sheldon, and D. Dole. 1992. Wetland Mitigation Replacement Ratios:
                     Defining Equivalency. Adolfson Associates, Inc. for Shorelands and Coastal Zone
                     Management Program, Washington State Department of Ecology, Olympia, Publ. No.
                     92-08.

              Castelle, A.J., C. Conolly, M. Emers, E.D. Metz, S. Meyer, M. Witter, (eds.). 7 1992.
                     Wetland Mitigation Replacement Ratios: An Annotated Bibliography. Adolfson
                     Associates, Inc. for Shorelands and Coastal Zone Management Program, Washington
                     State Department of Ecology, Olympia, Publ. No. 92-09.

              Castelle, A.J., C. Conolly, M. Emers, E.D. Metz, S. Meyer, M. Witter, (eds.). 1992. Wetland
                     Buffers: An Annotated Bibliography. Adolfson Associates, Inc. for Shorelands and
                     Coastal Zone Management Program, Washington State Department of Ecology,
                     Olympia, Publ. No. 92-11.

              Castelle, AJ, C. Conolly, M. Emers, E.D. Metz, S. Meyer, M. Witter, S. Mauermann, T.
                     Erickson, S. S. Cooke. 1992. Wetland Buffers: Use and Effectiveness. Adolfson
                     Associates, Inc. for Shorelands and Coastal Zone Management Program, Washington
                     State Department of Ecology, Olympia, Publ. No. 92- 10.

              Castelle, A.J., S. Luchessa, C. Conolly, M. Emers, E.D. metz, S. meyer, and M. Witter.
                     199 1. Wetland Mitigation Banking. Adolfson Associates, Inc, for Shorelands and
                     Coastal Zone Management Program, Washington Department of Ecology, Olympia.



              Appendix B                                                                          H-595








                 City of Eugene, Oregon, Planning and Development Department, Planning Division. 1992.
                        West Eugene Wetlands Plan.

                 City of Roseburg, Oregon, Community Development Department. 1992. Draft Newton Creek
                        Wettand Conservation Plan.

                 Erwin, K. 199 1. An Evaluation of Wetland Mitigation in the South Florida Water
                        Management District Volume 1. Kevin L. Erwin Consulting Ecologist, Inc. for South
                        Florida Water Management District.

                 Reppert, R. 1992. Wetlands Mitigation Banking Concepts: Wetlands Mitigation Banking
                        Demonstration Study. U.S. Army Corps of Engineers Water Resources Support
                        Center Institute for Water Resources Policy and Special Studies Division. IWR
                        Report 92-WM[B-1.

                 Rylko, Michael and L. Storm. 199 1. How Much Wetland Mitigation Are We Requiring? Or is
                        No Net Loss a Reality? In Proceedings: Second Annual Meeting on Puget Sound
                        Research.







































                 Appendix B                                                                         H-596









                   SAO Handbook - 1994 Edition


                   Glossary


                   Accessory use - Any structure or use incidental and subordinate to a primary use or
                   development.

                   Accretion - The growth of a beach by the addition of material transported by wind and/or
                   water. , Included are such shoreforms as barrier beaches, points, spits, hooks and tombolos.

                   Act - The Shoreline Management Act (Chapter 90.58 RCW and Chapter WAC 173-14-030(l)
                   WAC).

                   Adjacent lands - Lands adjacent to the shorelines of the state (outside of shoreline
                   jurisdiction). The SMA directs local governments to develop land use controls (i.e. zoning,
                   comprehensive planning) for such lands consistent with the policies of the SMA, related rules
                   and the local shoreline master program (see Chapter 90.58.340 RCW).

                   Administrator - The City/County Manager, Planning Director, Public Works Director, etc. or
                   his/her designee, charged with the responsibility of administering the shoreline master
                   program.

                   Agriculture - The cultivation of the soil, production of crops, and/o r raising of livestock,
                   including incidental preparation of these products for human use.

                   Alluvium - Unconsolidated fragmented material deposited by streams in river beds,
                   floodplains, lakes, fans at the foot of mountain slopes and estuaries.

                   Anadromousfish - Species, such as salmon, which are born in fresh water, spend a large part
                   of their lives in the sea and return to freshwater rivers and streams to procreate.

                   Appurtenance - A structure or development which is necessarily connected to the use and
                   enjoyment of a single-family residence and is located landward of the ordinary high water
                   mark and also of the perimeter of any marsh, bog, or swamp. (On a state-wide basis, normal
                   appurtenances include a garage, deck, driveway, utilities, fences and grading which does not
                   exceed two hundred fifty cubic yards [except to construct a conventional drainfield]) (see
                   WAC 173-14-040(lg)).

                   Aquaculture - The cultivation of fish, shellfish, and/or other aquatic animals or plants,
                   including the incidental preparation of these products for human use.

                   Archaeological - Having to do with the scientific study of material remains of past human life
                   and activities.







                   Glossary                                                                               H-597









                SW Handbook - 1994 Edition



                Average grade level - The average of the natural or existing topography of the portion of the
                lot, parcel, or tract of real property which will be directly under the proposed building or            0
                structure; provided that in case of structures to be built over water, average grade level shall
                be the elevation of ordinary high water. Calculation of the average grade level shall be made
                by averaging the elevations at the center of all exterior walls of the proposed building or
                structure (WAC 173-14-030(3)).

                Backshore - The accretion or erosion zone, located landward of the line of ordinary high tide,
                which is normally wetted only by storm tides. It may take the form of a more or less narrow
                storm berm (ridge of wave heaped sand and/or gravel) under a bluff or it may constitute a
                broader complex of berms, marshes, meadows, or dunes landward of the line of ordinary high
                tide. It is part of the littoral drift process along its seaward boundary.

                Beach - The zone of unconsolidated material that is moved by waves, wind and tidal currents,
                extending landward to the coastline.

                Beach enhancementlrestoration - Process of restoring a beach to a state more closely
                resembling a natural beach, using beach feeding, vegetation, drift sills and other nonintrusive
                means as applicable.

                Beachfeeding - Process of replenishing a beach by delivery of materials dredged or excavated
                elsewhere.

                Beach scarp - A steep slope produced by wave erosion.

                Benthic organism - Organisms that live in or on the bottom of a body of water.

                Berm - A linear mound or series of mounds of sand and/or gravel generally paralleling the
                water at or landward of the line of ordinary high tide. Also, a linear mound used to screen an
                adjacent activity, such as a parking lot, from transn-dtting excess noise and glare.

                Best available technology (BAT) - The most effective method, technique, or product available
                which is generally accepted in the field, and which is demonstrated to be reliable, effective and
                preferably low maintenance.

                Bioassay - Bioassays are laboratory tests involving exposure of select organisms to a sampling
                of material to determine the potential for acute or chronic effects from such exposure.
                Bioassays are typically run on potentially contaminated materials proposed for in-water
                disposal, however, testing protocols are also available to assess dredged material proposed for
                upland disposal.

                Biofiltration system - A storm water or other drainage treatment system that utilizes as a
                primary feature the ability of plant fife to screen out and metabolize sediment and pollutants.
                Typically, biofiltration systems are designed to include grassy swales, retention ponds and
                other vegetative features.

                Biota - The animals and plants that live in a particular location or region.



                Glossary                                                                                 H-598








                 SNT Handbook - 1994 Edition


                 Boathouse - A structure designed for storage of vessels located over water or in upland areas.
                 Boathouses should not be confused with "houseboats".

                 Boat launch or ramp - Graded slopes, slabs, pads, planks, or rails used for launching boats by
                 means of a trailer, hand, or mechanical device.

                 Bog - A wet, spongy, poorly drained area which is usually rich in very specialized plants,
                 contains a high percentage of organic remnants and residues and frequently is associated with
                 a spring, seepage area, or other subsurface water source. A bog sometimes represents the
                 final stage of the natural process of eutrophication by which lakes and other bodies of water
                 are very slowly transformed into land areas.

                 Breakwater - Offshore structure aligned parallel to shore, sometimes shore-connected, that
                 provides protection from waves.

                 Buffer area - A parcel or strip of land that is designed and designated to permanently remain
                 vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland
                 site from upland impacts, to provide habitat for wildlife and to afford limited public access.

                 Bulkhead - A solid wall erected generally parallel to and near the ordinary high water mark for
                 the purpose of protecting adjacent uplands from waves or current action.

                 CERCL4 - Comprehensive Environmental Response, Compensation, and Liability Act
                 ("Superfand"); 1986 amendments are known as Superfand Amendments and Reauthorization
                 Act or SARA.

                 Channel - An open conduit for water either naturally or artificially created, but does not
                 include artificially created irrigation, return flow, or stockwatering channels (WAC 173-14-
                 030(8b)). See also stream.

                 Chord diking - A means of utilizing small dikes or berms setback from the strearnway of a
                 river far enough to allow for the natural meandering and side channel formation to occur
                 within the diked off corridor.

                 Clean Water Act - The primary federal law providing water pollution prevention and control;
                 previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq.

                 CFR - Code of Federal Regulations.

                 Clearing - The destruction or removal of vegetation ground cover, shrubs and trees including,
                 but not limited to, root material removal and/or topsoil removal.

                 Coastline - The line where terrestrial processes give way to marine processes, tidal currents,
                 wind waves, etc.

                 Commercialfeedlot - see Feedlot.




                 Glossary                                                                                H-599









                 SMEP Handbook - 1994 Edition



                 Community structure - A building, dock, or other structure which is intended for the common
                 use of the residents of a particular subdivision or community. It is not intended to serve as a
                 public facility.

                 Cottage indust?y or business (home occupation) - A commercial or light industrial use which
                 is commonly conducted within a residence and/or appurtenance, which does not require the
                 construction of any new structures, parking areas, signs, etc. and which does not generate
                 significant additional traffic, noise, fumes, or glare.

                 Covered moorage - Boat moorage, with or without walls, that has a roof to protect the vessel.

                 Critical saltwater habitats - Kelp beds (members of the brown algal fan-dly Laminariales
                 including Alaria marginat Alaria nana, Alaria tenuifoli Egregi menziesii, Eisenia arborea,
                 Ptejygophora Lalifornica, A6ru @qribosum, Agaru firribriaturn, Costaria costat CyMath
                 triplicata, Hedophyllum. sessile Larninaria s p., Pleurophycus ggLdneri, Dimoneuro is-
                                                           p                                        PL
                 reticulata, DiMoneurum. califbrnicun@ Lessioniopsis littoralis Macrocystis integrifolia.
                 Nereocvstis luetkeana and Postelsia plarnaeformis , eelgrass beds (Zostera spp.), surf smelt
                 (H                 u                                   Clu ea harengus Rg.Ilasi) spawning
                   @Tomesus RrtfiqL-O spawning beds, Pacific herring QT
                 beds, Pacific sand lance (AmmodZes hexapterus) spawning beds, rock sole (Lepidopsetta
                 bilineata) spawning beds, rockfish (aebastes spp.) settlement and nursery areas, and lingcod
                 (Ophiodon tlonggtus) settlement and nursery areas.

                 CZWP - Coastal Zone Management Plan.

                 Degrade - To scale down in desirability or salability, to impair in respect to some physical
                 property or to reduce in structure or function.

                 Delta - see River Delta.

                 Development - A use consisting of the construction or exterior alteration of structures;
                 dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading;
                 driving of piling; placing of obstructions; or any project of a permanent or temporary nature
                 which interferes with the normal public use of the surface of the waters of the state subject to
                 Chapter 90.58 RCW at any state of water level (RCW 90.58.030(3d)).

                 DNS - Determination of Nonsignificance, under SEPA.

                 Dolphin - A cluster of piles bound together.

                 Downdrift - The direction of movement of beach materials.

                 Dredge spoil - The material removed by dredging. Same as Dredge Material.

                 Dredging - Excavation or displacement of the bottom or shoreline of a water body.
                 Dredging can be accomplished with mechanical or hydraulic machines. Most dredging is done
                 to maintain channel depths or berths for navigational purposes; other dredging is for shellfish
                 harvesting or for cleanup of polluted sediments.



                 Glossary                                                                                H-600








                 SMY Handbook - 1994 Edition



                 Drift sector - A particular reach of marine shore in which littoral drift may occur without
                 significant interruption, and which contains any and all natural sources of such drift, and also,
                 any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these
                 shore process elements: feeder bluff or estuary, driftway, littoral drift and accretion
                 shoreform.

                 Drift sills - Small groins which hold sediments in place without blocking longshore drift.

                 Driftway - That portion of the shore process corridor, primarily that lower backshore and the
                 upper intertidal area, through which sand and gravel are transported by the littoral drift
                 process. It is the critical link between the feeder bluff and the accretion shoreform.

                 Dune - A hill or ridge of sand piled up by the wind and/or wave action.

                 EA - Environmental Assessment, under SEPANEPA.

                 Ecology (WDOE) - The Washington State Department of Ecology. Use of "Ecology" or
                 "WDOE" is preferred over "DOE" to avoid confusion with the federal Department of Energy.

                 EIS - Environmental Impact Statement.

                 Emergency - An unanticipdted and imminent threat to public health, safety, or the
                 environment which requires immediate action within a time too short to allow full compliance
                 with the master program. Emergency construction is construed narrowly as that which is
                 necessary to protect property from the elements (RCW 90.58.030(3eiii) and WAC 173-14-
                 040(ld)).

                 Enhancement - Alteration of an existing resource to improve or increase its characteristics and
                 processes without degrading other existing functions. Enhancements are to be distinguished
                 from resource creation or restoration projects.

                 Erosion - The wearing away of land by the action of natural forces.

                 Estuary - The zone or area of water in which freshwater and saltwater mingle and water is
                 usually brackish due to daily mixing and layering of fresh and salt water. Estuarine shores are
                 rich in aquatic and other bird and animal life, and in their natural condition are the most
                 productive of all shoreline habitats in terms of the marine food chain.

                 Exemption - Certain specific developments as listed in WAC 173-14-040 are exempt from the
                 definition of substantial developments are therefore exempt from the substantial development
                 permit process of the SMA. An activity that is exempt from the substantial development
                 provisions of the SMA must stiff be carried out in compliance with policies and standards of
                 the Act and the local master program. Conditional use and/or variance permits may also still
                 be required even though the activity does not need a substantial development permit (RCW
                 90.58.030(3e); WAC 173-14-030(6) and -040).





                 Glossary                                                                                H-601









                SNP Handbook - 1994 Edition



                Extreme low tide - means the lowest line on the land reached by a receding tide (RCW
                90.58.030(2a)).

                Factory built housing - A single family residential structure constructed in a factory of factory
                assembled parts and transported to the building site in whole or in units which meets the
                requirements of the Uniform Building Code. The completed structure is not a
                mobile/manufactured home.

                Fair market value - The expected price at which the development can be sold to a willing
                buyer. For developments which involve nonstructural operations such as dredging, drilling,
                dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform
                the operation or where no such value can be calculated, the total of labor, equipment use,
                transportation and other costs incurred for the duration of the permitted project (WAC 173-
                14-030(7)).

                FCAAP - Flood Control Assistance Account Program.

                FCZMA - Federal Coastal Zone Management Act.

                Feeder bluff, erosional bluff - Any bluff (or cliff) experiencing periodic erosion from waves,
                sliding or slumping, whose eroded earth, sand or gravel material is naturally transported
                (littoral drift) via a driftway to an accretion shoreform. These natural sources of beach
                material are limited and vital for the long term stability of driftways and accretion shoreforms.

                Feedlot - An enclosure or facility, of any size, used or capable of being used for confinement
                feeding of livestock hay, grain, silage, or other livestock feed, but shall not include land for
                growing crops or pasture for livestock feeding and/or grazing, nor shall it include normal
                livestock wintering operations (RCW 90.5 8.03 0(3 eiv); WAC 173 -14-040(l e)).

                Fetch length - The horizontal distance along open water over which the wind blows and
                generates waves.

                Floating home - A structure designed and operated substantially as a permanently based over
                water residence. Floating homes are not vessels and lack adequate self-propulsion and
                steering equipment to operate as a vessel. They are typically served by permanent utilities and
                semipermanent anchorage/moorage facilities. See also houseboat.

                Floodplain - Synonymous with 100-year floodplain. The land area susceptible to being
                inundated by stream derived waters with a I percent chance of being equaled or exceeded in
                any given year. The limits of this area are based on flood regulation ordinance maps or a
                reasonable method that meets the objectives of the SMA (WAC 173-22-030(2)).

                Floodwa
                         .y - Those portions of the area of a river valley lying strearnward 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, said floodway being identified,
                under normal conditions, by changes in surface soil conditions or changes in types or quality
                of vegetative ground cover conditions. The floodway does not include lands that can


                Glossary                                                                                   H-602








                   SW Handbook - 1994 Edition



                   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. The limits of the floodway are based on flood regulation ordinance
                   maps or by a reasonable method which meets the objectives of the SMA (RCW
                   90.58.030(2g); WAC 173-22-030(3)).

                   FONSI - Finding of No Significant Impact, under NEPA.

                   Foreshore - In general terms, the beach between mean higher high water and mean lower low
                   water.

                   Forestpractices - Any activity conducted on or directly related to forest land and relating to
                   growing, harvesting, or processing timber. These activities include but are not limited to:
                   road and trail construction, final and intermediate harvesting, precommercial thinning,
                   reforestation, fertilization, prevention and suppression of disease and insects, salvage of trees
                   and brush control. See WAC 222-16-010(21).

                   Gabions - Structures composed of masses of rocks, rubble or masonry held tightly together
                   usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas
                   to retard wave action or as foundations for breakwaters or jetties.

                   Grading - The physical manipulation of the earth's surface and/or drainage pattern in
                   preparation for an intended use or activity.

                   Grassy Swale - A vegetated drainage channel that is designed to remove various pollutants
                   from storm water runoff through biofiltration.

                   Guidelines - Those provisions contained in Chapter 173-16 WAC entitled "Shoreline
                   Management Act Guidelines for Development of Master Programs". The Guidelines were
                   adopted to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines
                   of the state prior to adoption of master programs. This state law also provides criteria to local
                   governments and the Washington State Department of Ecology in developing and amending
                   master programs.

                   Groin (also referred to as a spur dike or rock -weir) - A barrier-type structure extending from
                   the backshore or stream bank into a water body for the purpose of the protection of a
                   shoreline and adjacent upland by influencing the movement of water and/or deposition of
                   materials.

                   Habitat - The place or type of site where a plant or animal naturally or normally lives and
                   grows.

                   Height - The distance measured from the average grade level to the highest point of a
                   structure: 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 master program provides otherwise):




                   Glossary                                                                                    H-603









               SAW Handbook - 1994 Edition



               Provided further, That temporary construction equipment is excluded in this calculation
               (WAC 173-14-030(9)).

               High energy riverine - This term includes river systems with dry summer/heavy winter
               flowing, and excludes flash flooding rivers with extreme event channel formation.

               Hook - A split or narrow cape of sand or gravel which turns landward at it's outer end.

               Houseboat - A vessel, principally used as an over water residence. Houseboats are licensed
               and designed for use as a mobile structure with detachable utilities or facilities, anchoring and
               the presence of adequate self-propulsion and steering equipment to operate as a vessel.
               Principal use as an over-water residence means occupancy in a single location, for a period
               exceeding two months in any one calendar year. This definition includes liveaboard vessels.

               HPA -Hydraulic Project Approval. The permit issued by the Washington State Departments
               of Fisheries or Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100-140 RCW.

               Hydric soils - Generally, soils which are, or have had a history of being, wet long enough to
               periodically produce anaerobic conditions, thereby influencing the growth of plants (WAC
               173-22-030(5)).

               Hydrophytes - Those plants capable of growing in water or on a substrate that is at least
               periodically deficient in oxygen as a result of excessive water content (WAC 173-22-030(5)).                 0
               In-kind replacement - To replace wetlands, biota or other organisms with substitute flora or
               fauna whose characteristics closely match those destroyed, displaced or degraded by an
               activity.

               Interestedparty - Synonymous with "party. of record", and means all persons who have
               notified local government of their desire to receive a copy of the final order on a permit under
               WAC 173-14-070 (WAC 173-14-030(12)).

               Intertidal - The substratum from the extreme low water of spring tides to the upper limit of
               spray or influence of ocean-driven salts. It includes all land that is sometimes submerged, but
               sometimes exposed to air. Source: M. N. Dethier, A Marine andEstuarine Habitat
               Classocation System for Washington State 10 (Department of Natural Resources,
               Washington Natural Heritage Program, 1990).

               Jetty - A structure(s) usually projecting out into the sea at the mouth of a river for the purpose
               of protecting a navigation channel, a harbor or to influence water currents.

               Lacustrine (also lacustrian) - Of, on, or pertaining to lakes.

               Lake - A body of standing water in a depression of land or expanded part of a river, including
               reservoirs, of twenty (20) acres or greater in total area. A lake is bounded by the ordinary
               high water mark or, where a stream enters a lake, the extension of the elevation of the lake's




               Glossary                                                                                    H-604








                  SW Handbook - 1994 Edition


                  ordinary high water mark within the stream (RCW 90.58.030(ld); WAC 173-20-030; WAC
                  173-22-030(4)).

                  Levee - A large dike or embankment, often having an access road along the top, which is
                  designed as part of a system to protect land from floods.

                  Liberal construction - A legal concept instructing parties interpreting a statute to give an
                  expansive meaning to termsand provisions within the statute. The goal of liberal construction
                  is to give full effect in implementing a statutes requirements. See RCW 90.58.900.

                  Littoral - Living on, or occurring on, the shore.

                  Littoral drift - The mud, sand, or gravel material moved parallel to the shoreline in the
                  nearshore zone by waves and currents.

                  Liveaboard vessel - See !'houseboat".

                  Marine travel lift - A mechanical device that can hoist vessels off trailers and transport them
                  into the water. Often associated with dry land moorage.

                  Marine railway - A set of steel rails running from the upland area into the water upon which a
                  cart or dolly can carry a boat to be launched.

                  Marshes - Soft, wet area periodically or continuously flooded to a shallow depth, usually
                  characterized by a particular subclass (monocotyledons) of grasses, cattails and other low
                  plants.

                  Marshes, Bogs and Swamps - Lands transitional between terrestrial and aquatic systems
                  where saturation with water is the dominant factor determining plant and animal communities
                  and soil development. Such lands must have one or more of the following attributes: a) at
                  least periodically, the land supports predominately hydrophytes; and/or b) the substrate is
                  predominately undrained hydric soil (WAC 173-22-030 (5)). See also hydrophyte, hydric soil.

                  Mean higher high tide (MHHT) - The arithmetic mean of the higher of two daily high tides
                  calculated from the most recent nineteen-year tidal cycle.

                  Merchantable trees - All live trees 8 inches in diameter at breast height (DBH) and larger
                  unless documentation of current, local market conditions are submitted and accepted by the
                  local jurisdiction indicating nonmarketablility. "Merchantable trees" shall not include trees
                  smaller than 4 inches DBH.

                  MWen - An ancient refuse heap. Since much of what archaeologists have discovered about
                  the past is based on what man has lost or discarded as no longer useful, middens are a very
                  valuable source of material.

                  Mitigation - The process of avoiding, reducing, or compensating for the environmental
                  impact(s) of a proposal. See WAC 197-11-768.



                  Glossary                                                                                    H-605









                SW Handbook - 1994 Edition



                Mobilelmanufactured home - A residential unit on one or more chassis for towing to the point
                of use and designed to be used with a foundation as a single family dwelling unit on a year
                around basis. A commercial coach, recreational vehicle or motor home are not
                mobile/manufactured homes.

                Mooring buoy - A floating object anchored to the bottom of a water body that provides tie up
                capabilities for vessels.

                Mulching - The addition of organic materials (e.g. woodchips, sawdust, straw, grass clippings,
                or compost, etc.) to bare soils or in planting beds.

                Multi-family dwelling (or residence) - A building containing two or more dwelling units,
                including but not limited to duplexes, apartments and condominiums.

                Natural riparian habitat corridor - The streamside environment designed and maintained
                primarily for fisheries and wildlife habitat, water quality improvements and secondarily for
                flood control works, while allowing controlled public access to avoid damage to the resource.

                NEPA - National Environmental Policy Act. NEPA requires federal agencies to consider
                environmental factors when making decisions, especially for development proposals of a
                significant scale. As part of the NEPA process, EISs are prepared and public comment is
                solicited.

                NFIP - National Flood Insurance Program.

                NOAA - National Oceanic and Atmospheric Administration.

                Nonconforming development - A shoreline use or structure which was lawfully constructed or
                established prior to the effective date of the applicable SNWSNIP provision, and which no
                longer conforms to the applicable shoreline provisions (WAC 173-14-055(l)).

                Normal maintenance - Those usual acts to prevent a decline, lapse, or cessation from a
                lawfully established condition (WAC 173-14-040(lb)). See also normal repair.

                Normalprotective bulkhead - A bulkhead, common to single-family residences, constructed at
                or near the ordinary high water mark to protect an existing single-family residence, and which
                sole purpose is for protecting land from erosion, not for the purpose of creating new land
                (WAC 173-14-040(lc)).

                Normal repair - To restore a development to a state comparable to its original condition
                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 (WAC 173-14-040(lb)). See also normal maintenance.

                OCS - Outer Continental Shelf.






                Glossary                                                                                    H-606








                   SW Handbook - 1994 Edition


                   Off-site replacement - To replace wetlands or other shoreline environmental reources away
                   from the site on which a resource has been impacted by a regulated activity.

                   OHWM, Ordinary High Water Mark - That mark that will be found by examining the bed 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, 1971, as it
                   may naturally change thereafter, or as it may change 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 fine of mean higher high tide and the ordinary high water mark adjoining fresh
                   water shall be the line of mean high water. See RCW 90.58.030(2)(b) and WAC 173-22-
                   030(6).

                   On-site replacement - To replace wetlands or other shoreline environmental reosurces at or
                   adjacent to the site on which a resource has been impacted by a regulated activity.

                   Out-of-kind replacement - To replace wetlands or other shoreline environmental resources
                   with substitute wetlands whose characteristics do not closely approximate those destroyed or
                   degraded by a regulated activity.

                   Oil separator - Specialized catch basins that are designed to trap oil and other materials
                   fighter than water in the basin while allowing the water to escape through the drainage syste m.
                   Commonly employed in parking lots and streets.

                   Perched beach - A beach or fillet of sand retained above the otherwise normal profile level by
                   a submerged dike or sill.

                   Percolation - Water seepage through spaces between sediment particles or through porous
                   structures.


                   Perforatedpipe - Plastic pipe containing an array of holes used to facilitate drainage of
                   otherwise impervious soils.

                   Periodic - Occurring at regular intervals.

                   Person - An individual, partnership, corporation, association, organization, cooperative,
                   public or municipal corporation, or agency of the state or local governmental unit however
                   designated (RCW 90.58.030(ld)).

                   Pocket beach - An accretion beach which does not depend on littoral drift accretion. It
                   depends on the erosion of immediately adjacent sources. In rare instances a pocket beach may
                   also be a berm beach.

                   Point - A low profile shoreline promontory of more or less triangular shape, the top of which
                   extends seaward. A point may be the wavecut shelf remnant of a headland bluff or a purely
                   accretional deposit which began as a hooked spit and became a point by subsequently closing



                   Glossary                                                                                H-607









              SNW Handbook - 1994 Edition



              the lagoon gap between the headland and the tip of the hook. Points are characterized by
              converging berms that normally enclose a lagoon, marsh, or meadow, depending on the point's
              stage of development.

              Port - Any harbor area which is largely devoted to marine commerce, shipping and cargo
              handling or a special purpose unit of local government created for the purpose of managing
              port related lands, facilities and activities.

              Practicable alternative - An alternative that is available and capable of being carried out after
              taking into consideration short-term and long-term cost, options of project scale and phasing,
              existing technology and logistics in light of overall project purposes. It may include an area
              not owned by the applicant which could reasonably have been or be obtained, utilized,
              expanded, or managed in order to fulfill the basic purpose of the proposed activity.

              Public interest - The interest shared by the citizens of the state or community at large in the
              affairs of government, or some interest by which their rights or liabilities are affected such as
              an effect on public property or on health, safety, or general welfare resulting from a use or
              development (WAC 173-14-030(14)).

              RCW- Revised Code of Washington.

              Recreational vehicle - A vehicle licensed, designed and operated for recreational purposes as
              temporary living quarters, which has a means of self-propulsion or is readily towable by a car
              or pickup truck, and is not used as a residence in any one location for extended periods of
              time (i.e. more than three months).

              Residential development - Development which is primarily devoted to or designed for use as a
              dwelling(s).

              Restoration - To revitalize or reestablish characteristics and processes of a wetland or habitat
              diminished or lost by past alterations, activities, or catastrophic events.

              Reveiment - Facing of stone, concrete, etc., built to protect a scarp, embankment, or shore
              structure against erosion by waves of currents.

              Riparian - Of, on, or pertaining to the banks of a river.

              Riparian management zone - A specified area alongside a shoreline where specific measures
              are set out in the Forest Practice Regulations to protect water quality and fish and wildli&
              habitat. The zone is a minimum of 25 feet wide, measured horizontally from the ordinary high
              water mark, and can be up to 100 feet wide depending on the width of the stream and the
              width of the wetland vegetation adjacent to the stream (see WAC 222-30).

              Riprap - A layer, facing, or protective mound of stones placed to prevent erosion, scour, or
              sloughing of a structure or embankment; also, the stone so used.





              Glossary                                                                               H-608








                    SW Handbook - 1994 Edition



                    River delta - Those lands formed as an aggredational feature by stratified clay, silt, sand and
                    gravel deposited at the mouths of streams where they enter a quieter body of water. The
                    upstream extent of a river delta is that limit where it no longer forms distributary channels
                    (WAC 173-22-030(7)).

                    Runoff - Water that is not absorbed into the soil but rather flows along the ground surface
                    following the topography.

                    Salmon and Steelhead Habitats - Gravel bottomed streams, creeks, and rivers used for
                    spawning; streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing,
                    feeding, and cover and refuge from predators and high water; streams, creeks, rivers,
                    estuaries, and shallow areas of saltwater bodies used as migration corridors; and salt water
                    bodies used for rearing, feeding, and refuge from predators and currents.

                    Salt tolerant vegetation - Vegetationwhich is tolerant of interstitial soil salinities greater than
                    or equal to 0.5 parts per thousand.

                    Scarification - Loosening the topsoil and/or disrupting the forest floor in preparation for
                    regeneration.

                    Seawall - A structure separating land and water areas primarily to prevent erosion and other
                    damage by wave action. Generally more massive and capable of resisting greater wave forces
                    than a bulkhead.


                    Seaward - To or toward the sea.

                    Sediment - The fine grained material deposited by water or wind.

                    Selective timber cutting - Removing individual trees scattered throughout the subject area.
                    The unharvested trees should be as evenly distributed as possible throughout the shoreline
                    area and should be representative of the species and size classes of the preharvest stand.

                    SEPA (State Environmental Policy Act) - SEPA requires state agencies, local governments
                    and other lead agencies to consider environmental factors when making most types of permit
                    decisions, especially for development proposals of a significant scale. As part of the SEPA
                    process, EISs may be required to be prepared and public comments solicited.

                    Setback - A required open space,specified in shoreline master programs, measured
                    horizontally upland from and perpendicular to the ordinary high water mark.

                    Shoreline environment designations - The categories of shorelines established by local
                    shoreline master programs in order to provide a uniform basis for applying policies and use
                    regulations within distinctively different shoreline areas. The basic recommended system
                    classifies shorelines into four distinct environments (natural, conservancy, rural and urban).
                    See WAC 173-16-040(4),





                    Glossary                                                                                   H-609









              SNY Handbook - 1994 Edition



              Shorelinejurisdiction - The term describing all of the geographic areas covered by the SMA,
              related rules and the applicable master program. Also, such areas within a specified local
              government's authority under the SMA. See definitions of "shorelines", "shorelines of the
              state", "shorelines of state-wide significance" and "wetlands, jurisdictional".

              Shoreline Master Program (SW) - The comprehensive use plan and related use regulations
              which are used by local governments to administer and enforce the permit system for shoreline
              management. Master programs must be developed in accordance with the policies of the
              SMA, be approved and adopted by the state, and be consistent with the rules (WACs)
              adopted by Ecology.

              Shoreline permit - A substantial development, conditional use, revision, or variance permit or
              any combination thereof (WAC 173-14-030(13)).

              Shorelines - All of the water areas of the state, including reservoirs and their associated
              uplands, together with the lands underlying them, except those areas excluded under RCW
              90.58.030(2)(d). See RCW 90.58.030 (2)(d) and WAC 173-18, 173-19 and 173-22.

              Shorelines Hearings Board (SHB) - A six member quasi-judicial body, created by the SMA,
              which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement
              penalty and appeals by local government on Ecology approval of master programs, rules,
              regulations, guidelines or designations under the SMA. See RCW 90.58.170; 90.58.180; and
              WAC 173-14-170; 173-14-174.

              Shorelines of state-wide signi/licance - A select category of shorelines of the state, defined in
              RCW 90.58.030(2)(e), where special policies apply. See RCW 90.58.020.

              Shorelines of the state - Shorelines and shorelines of state-wide significance.

              Sign - A board or other display containing words and/or symbols used to identify or advertise
              a place of business or to convey information. Excluded from this definition are signs required
              by law and the flags of national and state governments.

              Single-family residence (SFR) - A detached dwelling designed for and occupied by one family
              including those structures and developments within a contiguous ownership which are a
              normal appurtenance (WAC 173-14-040(lg)).

              Slash - The organic debris which is produced by logging operations.

              SMA - The Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.

              Soil bioengineering - An applied science that combines structure, biological and ecological
              concepts to construct living structures that stabilizes the soil to control erosion, sedimentation
              and flooding using live plant materials as a main structural component.






              Glossary                                                                               H-610









                  SW Handbook - 1994 Edition



                  Spit - An accretion shoreform which extends seaward from and parallel to the shoreline. They
                  are usually characterized by a wave-built berm on the windward side and a more gently
                  sloping, muddy or marshy shore on the leeward side. A curved spit is normally called a hook.

                  Stream - A naturally occurring body of periodic or continuously flowing water where: a) the
                  mean annual flow is greater than twenty cubic feet per second and b) the water is contained
                  within a channel (WAC 173-22-030(8)). See also channel and tidal water.

                  Streamway - A general term describing the bed and banks of a stream.

                  Structure - A permanent or temporary edifice or building, or any piece of work artificially
                  built or composed of parts joined together in some definite manner, whether installed on,
                  above or below the surface of the ground or water, except for vessels (WAC 173-14-03015)).

                  Subdivision - The division or redivision of land, including short subdivision for the purpose of
                  sale, lease or conveyance.

                  Substantial development - Any development of which the total cost or fair market value
                  exceeds two thousand five hundred dollars, or any development which materially interferes
                  with the normal public use of the water or shorelines of the state; except as specifically
                  exempted pursuant to RCW 90.58.030(3e) and WAC 173-14-040. See also definition of
                  "development" and "exemption".

                  Subtidal - Any substratum that is constantly submerged. Source: M. N. Dethier, A Marine
                  and Estuarine Habitat Classification Systemfor Washington State 11 (Department of Natural
                  Resources, Washington Natural Heritage Program, 1990).

                  Surge plains - Riverine areas where salt water meets freshwater, extending upstream as far as
                  tidal influence.

                  Swamp - A depressed area flooded most of the year to a depth greater than that of a marsh
                  and characterized by areas of open water amid soft, wetland masses vegetated with trees and
                  shrubs. Extensive grass vegetation is not characteristic.

                  Terrestrial - Of or relating to land as distinct from air or water.

                  Tidalflats - Marshy or muddy areas of the seabed which are covered and uncovered by the
                  rise and fall of tidal water.

                  Tidalprisin - The volume of water present between mean low and mean high tide.

                  Tidal range - The difference in height between consecutive high- and low- tides.

                  Tidal water - Includes marine and estuarine waters bounded by the ordinary high water mark.
                  Where a stream enters the tidal water, the tidal water is bounded by the extension of the
                  elevation of the marine 6rdinary high water mark within the stream (WAC 173-22-030(9)).




                  Glossary                                                                                 H-611









                 SW Handbook - 1994 Edition



                 Tidelands - Land on the shore of marine water bodies between the line of ordinary high tide
                 and the fine of extreme low tide.

                 Tombolo - A causeway-like accretion spit that connects an offshore rock or island to the main
                 shore, or to another island.

                 Undrained hydric soils - Those soils which are wet long enough to periodically produce
                 anaerobic conditions, thereby influencing the growth of plants. See WAC 173-22-030(5).

                 Upland - Generally described as the dry land area above and landward of the OHWM.

                 USC - United States Code.

                 Variance - A means to grant relief from the specific bulk, dimensional or performance
                 standards specified in the applicable master program. Variance permits must be specifically
                 approved, approved with conditions, or denied by Ecology (See WAC 173-14-150).

                 Vessel - Ships, boats, barges, or any other floating craft which are designed and used for
                 navigation and do not interfere with normal public use of the water (WAC 173-14-030(18)).

                 WAC - Washington Administrative Code.

                 Water-bar - A diversion ditch and/or hump in a trail or road for the purpose of carrying
                 surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not
                 gain the volume and velocity which cause soil movement and erosion.

                 Water-dependent - A use or a portion of a use which can not exist in any other location and is
                 dependent on the water by reason of the intrinsic nature of its operations. Examples of water-
                 dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals,
                 barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane
                 facilities and sewer outfalls.

                 Water-enjoyment - A recreational use, or other use facilitating public access to the shoreline
                 as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
                 enjoyment of the shoreline for a substantial number of people as a general characteristic of the
                 use and which through the location, design and operation assures the public's ability to enjoy
                 the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment
                 use, the use must be open to the general public and the shoreline oriented space within the
                 project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
                 Primary water-enjoyment uses may include, but are not limited to, parks, piers and other
                 improvements facilitating public access to shorelines of the state; and general water-enjoyment
                 uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological
                 reserves, resorts and mixed-use commercial; PROVIDED, that such uses conform to the
                 above water-enjoyment specifications and the provisions of the master program.
                 Water-oriented - Refers to any combination of water-dependent, water-related, and/or water                  Is
                 enjoyment uses and serves as an all encompassing definition for priority uses under the SMA.



                 Glossary                                                                                      H-612









                   SW Handbook - 1994 Edition



                   Non-water-oriented serves to describe those uses which have little or no relationship to the
                   shoreline and are not considered priority uses under the SMA. Examples include professional
                   offices, automobile sales or repair shops, mini-storage facilities, multi-family residential
                   development, department stores and gas stations.

                   Water-related - A use or a portion of a use which is not intrinsically dependent on a
                   waterfront location but whose economic viability is dependent upon a waterfront location
                   because:

                   I .    of a functional requirement for a waterfront location such as the arrival or shipment of
                          materials by water or the need for large quantities of water or,

                   2.     the use provides a necessary service supportive of the water-dependent commercial
                          activities and the proximity of the use to its customers makes its services less
                          expensive and/or more convenient. Examples include manufacturers of ship parts
                          large enough that transportation becomes a significant factor in the products cost,
                          professional services serving primarily water-dependent activities and storage of
                          water-transported foods. Examples of water-related uses may include warehousing of
                          goods transported by water, seafood processing plants, hydroelectric generating
                          plants, gravel storage when transported by barge, oil refineries where transport is by
                          tanker and log storage.

                   Wave difftaction - The phenomenon by which wave energy passes around barriers (such as
                   breakwaters and jetties) and through narrow openings to spread into sheltered areas.

                   Wave direction - The direction from which waves approach an observer.

                   Wetlands


                   *NOTE. For regulatory purposes, local governments are encouraged to make a distinction
                   in their master programs between the definition of wetlands used in the SMA (that technically
                   includes &y upland areas), and biological wetlands that address only associated marshes,
                   bogs, and swainps.

                   In addition, when defining wetlands as used in a master program, local government needs to
                   be clear as to the extent of SMPjurisdiction infloodplain areas. RCW90.58.030(2)(1) gives
                   discretion to local government to "determine thatportion of the one-hundred-yearfloodolain
                   to be included in its master program as long as such portion includes, as a minimum, the
                   floodway and the adjacent land extending landward two hundredJeet thereftom" Yhe
                   definition ofJurisdictional wetlands presented below represents the minimum allowable area
                   that must be covered by a masterprogram. If coverage of the entirefloodplain area is
                   desired, theJurisdictional wetland definition should be revised to read ".. as measured on a
                   horizontalplaneftom the ordinary high water mark, contiguousfloodplain areas, and all
                   marshes, bogs and swamps... " Local government must either cover the minimum required
                   (see definition below), the maximum allowable (the entirefloodplain), or something
                   (specifically spelled out) in between.



                   Glossary                                                                                 H-613









                SNT Handbook - 1994 Edition



                Wetlands, jurisdictional - Those areas extending landward for two hundred feet in all
                directions, as measured on a horizontal plane from the ordinary high water mark; floodways
                and contiguous floodplain areas landward two hundred feet from such floodways; and all
                marshes, bogs and swamps and river deltas associated with the streams, lakes and tidal waters
                subject to the Shoreline Management Act (RCW 90.58). For the purposes of this master
                program, the term "associated wetlands" includes biological wetlands and other dry upland
                areas contained within SMA jurisdiction. This definition has the same meaning as "wetlands
                or wetland areas" as defined in RCW 90.58.030(2)(f).

                Wetlands, biological - Those areas defined in WAC 173 -22-03 0(5) as "mashes, bogs, and
                swamps". For the purposes of this master program, the terms "biological wetland" or "marsh,
                bog, or swamp" are used as a subcategory of "jurisdictional wetlands" and are analogous to
                the term "wetland", as commonly used.

                Wetland mitigation - Avoiding and minimizing adverse impacts to wetlands, including, in the
                following order of preference:

                (1)      Avoiding the impact altogether by not taking a certain action or parts of an action;

                (2)      Minin-fizing impacts by limiting the degree or magnitude of the action and its
                         implementation, by using appropriate technology, or by taking affirmative steps to
                         avoid or reduce impacts;
                (3)      Rectifying the impact by repairing, rehabilitating, or restoring the affected                        0
                         environment;

                (4)      Reducing or eliminating the impact over time by preservation and maintenance
                         operations during the life of the action; and

                (5)      Compensating for the impact by replacing, enhancing, or providing substitute
                         resources or environments.

                Wind rose - A diagram illustrating the frequency, velocity and direction of wind at a specific
                location.

                Zoning - To designate by ordinance, including maps, areas of land reserved and regulated for
                specific land uses.














                Glossary                                                                                      H-614









                SW Handbook - 1994 Edition


                Index


                A

                Accessory use, 17
                   residential, 249
                Adjacent lands, 546
                Administration and enforcement, 13, 314-60
                Administrator, 316-18
                Affidavit, 59,327,339,340
                Agriculture, 172-76
                   vegetative buffers, 173
                Amendment process, 18-52
                Annexation, 22
                Appurtenant structures
                   residential, 244
                Aquaculture, 177-84
                   usual and accustomed fishing grounds, 178
                Aquatic environment, 145-49, 167-68
                Aquatic habitats, 476-84
                Aquatic weeds, 123, 490
                   riparian corridors, 122
                Aquifer recharge areas, 516, 521, 529
                   ground water management plans, 537
                Archaeological and historic resources, 75-76
                Artificial reefs, 240
                Associated marshes, bogs, and swamps, see wetlands


                B

                Beach restoration and enhancement, 123, 270, 271-72
                Bed and breakfasts, 243
                Bioengineering, 78, 102, 121, 270, 273-75, 441
                Boathouses, 185, 186
                Boating facilities, 185-200
                Breakwaters, 270, 286-89
                   material, 289






                Index                                                                            H-615









                SMY Handbook - 1994 Edition



                Bridges, 251-56
                   fish passage, 253
                   height, 253, 256
                Bulkheads, 270
                   accretion shoreforms, 284
                   feeder bluffs, 281
                   fill, 285
                   gabions, 282
                Buoys, 185, 199, 305-13

                C

                Clearing, 77-80, 445, 535
                Commercial development, 201-4
                Common boundary descriptions, 14
                Common-line setback standards, 247-48
                Comprehensive plans, 25, 129, 513-55
                   funding sources, 553
                   shoreline element, 548
                   terminology, 555
                Conditional use permit, 17
                   review process, 331-40
                Conditional use provisions, 143-45
                Condominiums, 243
                Conservancy environment, 162-64
                Covered moorage, 185, 199
                Critical areas, 88, 516
                Critical salt water habitats, 88-95, 477-78
                   boathouses, 93
                Cumulative impacts, 331

                D

                Development regulations, 28, 513-55
                Dikes, 270, 290-91
                   public access, 291
                Dredging, dredge material disposal, 292-300
                   Ecology Water Quality Certification process, 297
                   habitat improvement, 296
                   Puget Sound Dredged Disposal Analysis, 293, 297



                Index                                                                               H-616








                SMY Handbook - 1994 Edition



                E

                Ecological Commission, 20
                Eelgrass beds, 88-95, 477-78
                Elements, 9-10, 16, 44
                    other, 60, 66
                Enforcement, 314-60
                Enhancement, 560
                Environment designations, 12, 51, 128, 133-34
                    aquatic environment, 14549, 167-68
                    classifying submerged lands, 145-49
                    conditional use provisions, 143-45
                    conservancy enviromnent, 162-64
                    natural environment, 165-66
                    parallel environments, 149-52, 425, 427-36, 528
                    rural environment, 160-61
                    rural residential environment, 155-59
                    specific use provisions, 142
                    suburban environment, 155-59
                    urban environment, 154-59
                    urban subcategories, 155-59
                Environmental impacts, 81-82
                Environmentally sensitive areas, 83-100, 550
                Exemptions, 319-23

                F

                Fish and wildlife habitat conservation areas, 516
                Floating home(s), 186, 196-97, 243, 249-50
                    associated piers, docks, floats or buoys, 305
                Floats, 305-13
                    joint-use, 3 10
                Flood hazard management, 205-10, 419-25, 533
                    comprehensive flood hazard management plan, 205, 421, 533
                    dikes, 208
                    Flood Control Assistance Account Program, 420, 421, 533
                Floodway, 411




                Index                                                                                H-617









               SW Handbook - 1994 Edition



               Forest practices, 211-15
                   conversions, 213
                   herbicides, 214
                   riparian management zone, 214
                   scenic views, 212
                   shorelines of state-wide significance, 214-15
                   Washington State Forest Practices Rules and Regulations, 212, 418
               Frequently flooded areas, 516

               G

               Gabions, 282
               Geological hazard areas, 85-87, 516, 540
               Goals, 15, 60
               Golf courses, 240-42
                   herbicides, 242
                   noxious weeds, 242
               Grading, 77-80, 445, 535
               Groins, 270, 286-89
                   material, 289
               Growth Management Act, 23-28, 41, 88, 95, 477, 513-55

               H

               Height limits, 124
               Herbicides, 85
               Herring spawning areas, 88-95, 477-78
               Historic structures, 402
               Hotels, 243
               Houseboats, 186, 196-97, 249-50
               Hydroelectric power, 225, 226

               I

               Industry, 216-24
                   best management practices (BNTs), 222
                   log storage, 221
                   ship repair, boatyards, 222-24
               Instream structures, 225-30
                   mitigation, 230
                   powerhouses/penstocks, 229



               Index                                                                                 H-618








                   SW Handbook - 1994 Edition



                   Interested persons, 35, 59
                   Invasive species, 79

                   i

                   Jetties, 270, 286-89
                      beach feeding, 286
                      material, 289


                   K

                   Kelp beds, 88-95, 477-78

                   L

                   Landfill, 301-4, 445
                   Levees, 270, 290-91
                      public access, 291
                   Liveaboards, 93, 186, 196-97, 249-50
                   Log storage, 221-22

                   M

                   Marinas, 185-200
                      public access, 192, 193
                      sewage pump-outs, 196
                      transient moorage, 198
                      view corridors, 192
                      waste disposal, 197
                   Mining, 231-35
                      gravel, 231
                      reclamation, 234-35
                      setbacks and buffers, 234
                   Mitigation, 446-59, 559
                      individual off-site mitigation, 446, 449-51, 559-66
                          model language, 563-66
                      mitigation banking, 446, 452-59, 567-94
                          model language, 590-94






                   Index                                                                                    H-619









              SW Handbook - 1994 Edition



              Mixed-use projects, 380, 402
                  conditional use provisions, 144
                  development standards, 394
                  Fishermen's Terminal, 386
                  moorage requirements, 393
                  provisions, 398
                  review, 395
              Motels, 243
              Multi-family development, 243

              N

              Natural environment, 165-66
              Nollan case, I 10
              Non-water-oriented uses, 17, 201, 362, 368
              Nonconforming development, 352-53
              Noxious weeds, 85, 242

              0

              One-hundred-year floodplain, 411, 412
              Ordinary 11igh Water Mark (OHWNI), 417
              Over-water uses, 407
                  residential, 186, 196, 249-50, 306
                  waterfront redevelopment, 407


              P

              Parallel environments, 427-36
              Parking, 108-9
              Pesticides, 85
              Piers and docks, 305-13
                  commerciabrindustrial, 311
                  joint-use, 307, 310
                  residential, 3 12
              Policies, 15
                  statements, 16









              Index                                                                                H-620








                   SW Handbook - 1994 Edition



                   Policies and regulations
                      general, 50, 67-127
                      shoreline modification activities, 13, 50-51, 261-313
                      shoreline use, 12, 50-51, 169-260
                   Pollution control, 81-82
                   Ports, 216-24, 523
                   Priority uses, 522
                   Prohibited uses, 17, 74
                   Property rights, 2
                   Public access, 43, 71, 110-13, 460, 532
                      design standards, 468
                      environmentally sensitive areas, 467, 471
                      goals, 64
                      golf courses, 242
                      industrial sites, 463
                      marinas, 192, 193
                      non-water-oriented uses, 463
                      off-site, 467
                      plans, 472
                      recreational development, 419
                      residential development, 247
                      revitalizing urban waterfronts, 461
                      shoreline master program component, 37, 42
                      subdivisions, 247
                      view corridors, 468, 473
                      visual access, 468, 526
                      waterfront redevelopment, 407
                   Public hearing(s), 52
                   Public participation, 28-35
                      citizens advisory committee, 30-34
                      public outreach, 34-35
                   Public Trust Doctrine, 26, 142, 519, 537








                   Index                                                                                  H-621









               SW Handbook - 1994 Edition



               R

               Recreational development, 236-42
                  artificial reefs, 240
                  golf courses, 240-42
                  off-road vehicles, 237
               Regulations, 15
                  statements, 16
               Residential development, 243-50
                  accessory use, 249
                  aesthetic values, 246
                  appurtenant structures, 244
                  common-line setback standards, 247-48
                  joint-use piers and docks, 245
                  public access, 247
                  requiring a shoreline permit, 244
                  stair towers, 245
                  storm drainage, 246
               Resorts, 539
               Restoration programs, 538
               Revetments (Riprap), 270, 276-78
               Riparian corridors, 121-23, 149-52, 410, 434-36, 528
                  master program recommendations, 425
               Riparian management zone, 214, 418
               River meander, 412
               Roads, railroads, 251-56
               Rock weirs, 270, 286-89
                  material, 289
               Rural environment, 160-61
               Rural residential environment, 155-59

               S

               Salmon and steelhead habitats, 101-7, 479-80
               Sensitive areas ordinance, 50









               Index                                                                                 H-622








                   SMY Handbook - 1994 Edition


                   Sewage pump-outs, 186
                       floating home(s), 188, 249
                       houseboats, 188, 197
                       liveaboards, 188, 197
                       marinas, 196, 197
                   Shoreline inventory, 35-36, 521
                   Shoreline jurisdiction, 3
                       determining, 411-18
                   Shoreline Management Act
                       history, 2-3
                   Shoreline map and description, 131-32
                   Shoreline master program
                       action plan, 43
                       administration and enforcement, 13, 314-60
                       amendment process, 18-52
                       components, 9-14
                       Ecology review process, 52-59
                       environmental component, 37, 42
                       public access component, 37, 42
                       resolution of approval, 55
                       shoreline use component, 36, 41
                       technical analysis, 36-40
                       urban design component, 42
                   Shoreline modification activities, 50-51, 437
                       cumulative impacts, 439, 440
                       nonstructural, 266
                       normal protective bulkhead, 281
                       policies and regulations, 13, 261-313
                       setbacks, 440
                       shoreline stabilization, 270-91
                       speculative, 262
                       stream channel modification, 268







                   Index                                                                                 H-623









               SMY Handbook - 1994 Edition



               Shorefine permit, 17
                   adn-dnistration, 51-52, 314-60, 551-52
                   appeals, 345-50
                   cumulative impacts, 331
                   process, 325-31
                   revision, 342-43
                   time limits, 341-42
               Shoreline stabilization, 270-91, 437
                   nonstructural, 441

               Shoreline use
                   categories, 170
                   development standards, 137
                   matrix, 12, 51, 133-41
                   policies and regulations, 12, 50-51, 169-260
                   prohibited, 17
               Shorelines of state-wide significance, 3, 21, 27, 43, 61, 68-73, 114-16
                   forest practices, 214-15
               Shorelines of the state, 3
               Signage, 117-19
               Single-family development, 243
               Smelt spawning areas, 88-95, 477-78
               State Environmental Policy Act, 449
               Stormwater, 126-27, 535
                   cumulative impacts, 536
                   Stormwater Management Manual for the Puget Sound Basin, 127, 535
               Stream flow
                   measuring, 417
               Subdivisions, 243
                   public access, 247
               Suburban environment, 155-59

               T

               Takings, 520
               Timberland conversion, 213
               Transient moorage, 198
               Transportation facilities, 251-56, 527





               Index                                                                                     H-624



































































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