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

    Ju .L 1 4  )2?77
    DEPARTMIENT OF
    ECOLOGy
    COASTAL ZONE
    INFORMATION
    CENTER
    Property of csc Library
    U . S. DEPARTMENT OF COMMERCE
    NOAA
    COASTAL SERVICES CENTER
    2234 SOUTH HOBSON AVENUE
    CHARLESTON, SC 29405-2413
    "The preparation of this report was financially aided
    through a grant from the Washington State Department of
    Ecology with funds obtained from the National Oceanic
    and
    Atmospheric Administration, and appropriated for
    section 306
    of the Coastal Zone Management Act of 1972."

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    CONTENT
    S
    Pag
    e
    1. Introduction . . . . . . . ...
     . . .. .. I
    1.1 Title............
    1.2  Authority .  . . . . . . .
    1.3 Scope ...........
    1.4 Purpose..........
    1.5 Development within
    Shoreline
    .    .    .	.	.	.	.	.	.	.	.
    	.	.	.	. I.....1
    �....	.	.	.	.	.	.	.	.
    	.	.	. I...........1
    .    .    .	.	.	.	.	..	.	.	.
    	.	.	.       1
    .. . . . . . . . . . . . . . &1
    .    �.. �	..	.	.	.	.	.	.
    	1
    eee, � �	�	e	.	l	e	�
    	e	�	e	~~~1

    Area

    2. Goals . . . . . . . . . . . ..
    2
    2
    2
    5
    5
    5
    5
    5
    5
    2.1 Preamble and Overall
    Goal..
    2.2  General Elements . . . . .
    3.  Environments .  . . . . . . . ..
    3.1
    3.2
    3.3
    3.4
    3.5
    Urban Environment......
    Rural Environment .  . . . .
    Conservancy Environment .

    Natural  Environment ....
    Aquatic Environment ....
    ...
    ...

    ...

    �	*.	.	..	.	.	.	.	.
    	.	. .	.

    .	.e.	.�.	.	.	.	.	.	.
    	.	.

    .	.�.	.� ��	.	.	.	.	.
    	.	.

    .	.� .	.	.	.�	.	..	.	. .
    	.

    .	..	.	..	.	.	.	.	.
    	.	.	.	.
    7
    4. Use Activities: Policies and Regulations

    4.1 Agricultural Practices ..........
    4.2	Aquaculture .  . . . . . . . . . . ....
    4.3	Archaeological Areas and Historic
    Sites. .
    4.4	Boat Ramps and Marine Railways ......
    4.5 Breakwaters . . . . . . . . .......
    4.6  Bulkheads .  . . . . . . . . . . . . ...
    4.7 Commercial Development ..........
    4.8  Dredging . . . . . . . . . . . . . . . .
    4.9 Forestry . . . . . . . . . . . . . .
    4.10 Jetties and Groins  ...........
    4.11 Landfill .  . . . . . . . . . . . . . . .
    4.12 Landscape Modification        . . .
    4.13 Marinas.................
    4.14 Mining . . . . . . . . . . . . . . . . . .
    4.15 Outdoor Advertising, Signs, and
    Billboards
    4.16 Piers and Docks.............
    4.17 Port and Water Related Industry.....
    4.18 Recreation ...............
    4.19 Residential Development......
    4.20 Road and Railroad Design and
    Construction.
    4.21 Shoreline Protection and Restoration . .

    4.22 Solid Waste Disposal ...........
    4.23 Utilities.................
    . .. .. . . . .. .� . 7
    8
    ...... . . . . . . . . .. 9

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    9

    �	.	. . . . . .	.	.	.	g.
    . .. ....... . 10
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    � 15
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    ........... ......20
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    .�... �            �        m
    �    �    � �         22
    ........... 22
    i

    5. Natural Systems Regulations . ...............

    24
    5.1 Marshes, Bogs, and Swamps ..........
    5.2 Bars and Spits ................
    5.3 Feeder Banks ................
    5.4  Shoreline Bluffs and Steep Slopes ......
    5.5 Tidelands ........
    6. Administration and Enforcement.
    ........	24
    ..........	24
    ..........	25
    ..........	25
    . . ..... 26
    .  . . . . . . ..27
    6.1 Record of Exemption .................
    6.2  Compliance with State Environmental Policy Act
    (SEPA)
    6.3 Letter of Exemption .................
    6.4 Permit Procedure.
    6.5  Judgment Criteria for Substantial Development
    Permits
    6.6 Burden of Proof ...................
    6.7 Shoreline Conditional Uses ..............
    6.8 Shoreline Variances ....
    6.9  Revisions to Substantial Development'Permits].
    6.10 Time Requirements ..................
    6.11 Rescission ......................
    6.12 Appeals ..............
    6.13 Violation and Penalty .

    . .
    6.14 Nonconforming Developments.

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    ...... 27
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    .28
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    29
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    ...... 31
    ...... 31
    31
    .:.:'    32
    7. Amendment and Changes ....................
    8. Appendices .........................
    A. Definitions ........................
    B. Citizen Involvement ....................
    C. Environments - Boundaries and Map .............
    ... . 35
    . . . .
    35
    . . . .
    39
    . . . .
    41
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    1.INTRODUCTION

    1.1 Title: City of Blaine Shoreline Management Master Program.

    1.2 Authority: This program is adopted pursuant to The Shoreline Management
    Act of 1971. RCW 90.58

    1.3 Scope: The regulations of this Master Program shall apply to all
    shorelines within the corporate limits of the City of Blaine.

    1.4 Purpose: it is the policy of the State of Washington as expressed in
    the Shoreline Management Act of 1971 and the City of Blaine as expressed
    in this Master Program to provide for the management of the shorelines
    of the State by planning for and fostering all reasonable and appropri-
    ate uses, particularly uses directly dependent upon the water; to pre-
    serve to the greatest extent feasible consistent with the over-all
    interest of the State, the City, and the people generally, the public's
    opportunity to enjoy the physical andl aesthetic qualities of the shore-
    lines of the City by preserving views and increasing public access to
    the shorelines; and, to manage the shorelines of the City to minimize,
    insofar as practical, damage to the shoreline area.

    1.5 DeveloWrent within the Shoreline Area: No development shall be under-
    taken on the shorelines of the City except those that are consistent
    with the policy of the Shoreline Management Act of 1971 and the goals,
    policies, and regulations of the City of Blaine.

    No substantial development shall be undertaken in the Shoreline Area
    without first obtaining a Substantial Development Permit from the City
    in accordance with procedures in Part 6, page 27. No such permit shall
    be required where the Administrator determines that a development pro-
    posed in the shoreline area is not'a "substantial development" as
    defined in Appendix A.

    The City of Blaine Planning Commission is the final authority for the
    City of Blaine for granting Shoreline Substantial Development Permits.

    note: Definitions are found in Appendix A, page 35.
    I

    2. GOALS

    The citizens of the City of Blaine, realizing that their shorelines are a
    unique and finite resource, set forth the following goals as a general guide
    for the orderly use of their shoreline areas.

    2.1  Prewble and Overall Goal:  While the Blaine and Whatcom County Shoreline
    Master Programs regulate uses on tidelands and uplands within 200 feet of
    the ordinary high water mark, other actions outside shoreline jurisdiction
    could adversely affect the natural quality of Drayton Harbor. Inadequate
    sewage disposal, introduction of animal wastes, and improper application
    of pesticides can pollute both ground and surface water, which in turn can
    impair the water quality of wildlife habitats in Drayton Harbor. Urban
    development within the surrounding area can increase runoff entering Dray-
    ton Harbor and add sediments and pollutants to the estuary.

    Accordingly, the Advisory Committee has drafted the following overall goal:

    Recognizing that the natural resources and amenities of Drayton Harbor make
    the Blaine area a desireable place to live, the City of Blaine should regu-
    late activities within its jurisdiction to maintain the natural quality of
    Drayton Harbor, and encourage other agencies with jurisdiction over activi-
    ties which could adversely affect Drayton Harbor to do the same.

    2.2 General Elements: The following eight general elements are types of
    activities related to the shoreline. All subsequent policies and regu-
    lations in this master program are derived from the goals accompanying
    these eight general elements.

    The plan elements and goals are:

    (1) ECONOMIC DEVELOPMENT ELEMENT

    An element for the location and design o-f industries, transportation
    facilities, port facilities, tourist facilities, commerce and other
    developments particularly dependent on their location on or use of
    the shorelines.
    Goal:  Assure that the economic resources within the City of Blaine
    cae used to the fullest extent without damage to the natural
    shoreline environment.

    (2) PUBLIC ACCESS ELEIMNT

    An element making provision for public access to publicly owned
    areas.

    GoaZ: Acquire and maintain adequate visual and physical access
    to shorelines of the City of Blaine. Assure that public
    access meets the demand of the residents of Blaine and a
    reasonable number of visitors to Blaine.
    2

    (3) RECREATION ELEMENT
    An element for the preservation and enlargement of recreational
    opportunities, including but not limited to parks, tidelands,
    beaches, and other recreational areas.

    Goal: Provide cmple recreational opportunities that are compatible
    with the shoreline environment for the residents of the City
    of Blaine and its visitors.

    (4) CIRCULATION ELEMENT

    An element consisting of existing and proposed major thoroughfares,
    transportation routes, terminals, and other public and private utili-
    ties and facilities.

    Goal: Develop a convenient and diversified circulation system to
    move people and products efficiently. Assure that the cir-
    culation system does not disrupt the natural shoreline
    environment.

    (5)  SHORELINE USE ELEMENT

    An element which considers the proposed distribution, location and
    extent of the use on shorelines and adjacent land areas for housing,
    business, industry, transportation, agriculture, natural resources,
    recreation, education, public buildings and grounds, and other
    categories of public and private uses of the land.

    Goal: Assure that shoreline development is limited to those
    activities having a minimal adverse effect on the shore-
    line environment.

    (6) CONSERVATION ELEMENT

    An element for the preservation of natural resources, including but
    not limited to scenic vistas, aesthetics, and vital estuarine areas
    for fisheries and wildlife.

    Goal: Assure protection of those non-renewable resources within
    the confines of the City of Blaine and make provisions for
    the use of the renewable resources.

    (7) HISTORICAL/CULTURAL ELEMENT

    An element for the protection and restoration of building sites, and
    areas having historic, cultural, scientific, or educational values
    within the shorelines of the City of Blaine.

    Goal: Preserve, protect and restore shoreline areas having
    historical or cultural significance.
    3

    (8) RESTORATION ELEMENT
    An element for the timely restoration of shorelines blighted by
    pollution, by derelict, improper or abandoned development, or by
    hazardous features or illegal acts.
    Goal: Restoration of severely blighted shorelines should
    be encouraged.
    4

    3.  USE REGULATIONS BY ENVIRONMENT

    The following section specifically outlines which use activities may take
    place in which environment. For detailed information on the exact boundaries
    on the below mentioned environments see the attached Environment Map. See
    Table on page 6.

    3.1 URBAN ENVIRONMENT

    The Urban Environment is an area of high-intensity land use, including
    residential, commercial and industrial development. This Environment
    does not necessarily include all shorelines within an incorporated city.
    It is 1limited to areas presently subjected to intensive use and to areas
    which will be necessary for future urban uses which would require a marine
    location.

    3.2 RURAL ENVIRONMENT

    The Rural Environment is intended to protect agricultural and open space
    land from urban expansion, and to restrict intensive development along
    undeveloped shorelines while allowing some development for the public's
    benefit.

    The Rural Environment includes those areas characterized by open space
    and recreational use and areas having high potential for those uses.

    3.3 CONSERVANCY ENVIRONMENT

    The Conservancy Environment is intended to maintain the existing character,
    pro-vide open space, and encourage pastoral and recreational uses which do
    not consume the area's resources.
    The Conservancy Environment includes those areas that cannot tolerate
    intensive use and still provide high open-space yet recreational values.

    3.4 NATURAL ENVIRONMENT

    The Natural Environment is intended to preserve and restore those
    natural resource systems existing relatively free of human influence.
    3.5 AQUATIC ENVIRONMENT

    The Aquatic EnvironLment is intended to regulate use of those water areas
    of Blaine, together with lands underlying them, which extend seaward of
    the ordinary high water mark to the City limits. All tidelands are in-
    cluded in the Aquatic Environment.
    5

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    .4:

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    I
    TABLE 1: USE-ACTIVITIES BY ENVIRONMENT
    4.1	Agricultural Practices

    4.2	Aquaculture
    Shore-based Structures                    0
    Associated Parking

    4.3	Archaeological Areas and Historic Sites        0

    4.4	Boat Ramps and Marine Railways	X

    4.5	Breakwaters	X

    4.6	Bulkheads	X

    4.7	Commercial Development
    Associated Parking

    4.8   Dredging for Navigational Purposes                       0
    Deposition of Spoils Within
    Shoreline Area.

    4.9 Forestry

    4.10	Jetties and Groins

    4.11	Landfill as Specified in "Blaine
    City Waterfront Study" as Amended
    by "Blaine Park Plan"

    4.12	Landscape Modification

    4.13	Marinas                                      0
    Associated Parking

    4.14	Mining

    4.15	Outdoor Advertising, Signs and
    Billboards

    4.16	Piers and Docks                                           X

    4.17	Port and Water Related Industry                0
    Associated Parking

    4.18	Recreation                                    e

    4.19	Residential Development	w

    4.20	Roads	'    _
    Railroads

    4.21	Shoreline Protection and Restroation

    4.22	Solid Waste Disposal

    4.23	Utilities .X
    EXPLANATION OF SYMBOLS
    *	PERMITTED

    _	SHORELINE CONDITIONAL USE

    X	MAY INTRUDE UPON AQUATIC
    ENVIRONMENT IF ALLOWED
    IN ADJOINING BACKSHORE
    ENVIRONMENT.
    6

    4. USE ACTIVITIES: POLICIES AND REGULATION
    The following activities can occur on shorelines of the state. Policy
    statements have been developed for these various activities in order to
    insure the proper use of the shoreline. The following policy statements
    apply to the shorelines within the City of Blaine.

    4.1  AGRICULTURAL PRACTICES

    In those areas within the City of Blaine where tilling of the soil,
    use of herbicides, pesticides and fertilizers and the rearing of
    livestock occur in significant quantity, the following policy state-
    ments apply.

    Policies:
    (1) Maintain a buffer zone of natural-occurring vegetation between all
    tilled areas and their associated bodies of water to retard surface
    runoff and siltation.
    (2) On agricultural lands adjoining the shoreline area use only those
    herbicides, pesticides, and fertilizers which when properly applied
    have no effect on marine life.
    (3) Locate livestock feeding operations at such a distance from associa-
    ted water bodies as to eliminate water pollution from runoff of animal
    feeds, manure and miscellaneous wastes.
    (4) Prevent livestock from using the shoreline and its associated bodies
    of water for watering purposes.
    (5) On any tilled agricultural land, follow Soil Conservation Service
    Guidelines which are consistent with this master program.

    Use Regulations:
    1. A buffer zone of natural-occurring vegetation shall be maintained
    between all cultivated and pasture areas and adjacent water bodies.
    This buffer zone shall be 150 feet in width.
    2. The use of pesticides, herbicides and fertilizers which may contaminate
    tidelands or adjacent water bodies is prohibited.
    3. Livestock feeding operations must use retention tanks, holding ponds
    or other acceptable methods to prevent runoff containing manure,
    feed, wastes, or other possible water pollutants from entering the
    adjacent water body.
    4. Public access to the shorelines shall be encouraged and existing
    public access shall not be impaired.
    7

    4.2 AQUACULTURE
    Aquaculture is the culture of food fish, shell fish, or aquatic plants
    and animals.

    The Master Program differentiates between types of structures associated
    with aquaculture -- (1) shore-based structures and parking; (2) structures
    located on or over tidelands, including buildings and such installations
    as dikes and weirs; and (3) watercraft such as barges and harvesting
    equipment.

    POLICIES:
    1. Aquacultural activities should be compatible with the surrounding
    shoreline enviroment.
    2. Consideration should be given to visual and physical access to the
    shoreline when locating aquacultural activities.

    USE REGULATIONS:
    1. Public access to the shorelines shall be encouraged and existing
    public access shall not be impaired.
    2. Shore-based structures and parking associated with aquaculture shall
    be located in the Urban Environment and shall be regulated in the some
    manner as water-related industry. (Section 4.17)
    3. Structures located on or over tidelands shall be temporary, prohibited
    from fish or shellfish habitats, and restricted to one story.  (A maxi-
    mum of twenty feet.)
    4.  Permanent-instalZ.ations such as concrete dikes are prohibited.
    5. Harvesting of food products shall be a Conditional Use and must
    ensure minimum damage to the natural environment.

    4.3 ARCHEOLOGICAL AREAS AND HISTORIC SITES

    Indian and pioneer villages, military forts, old settlers homes, and
    trails were often located on shorelines because of the proximity of food
    resources and because water provided a practical means of transportation.
    These sites are nonrenewable resources and many are in danger of being
    lost through changes in land use and urbanization. Because of their
    rarity and the education link they provide to our past, these locations
    should be preserved whenever possible.
    8

    POLICIES:
    1.  Sites should be permanently preserved for scientific study and
    public observations.
    2.  Individuals should be required to notify city officials if such
    sites are uncovered during excavation.

    USE REGULATIONS:
    1. All shoreline permits shall contain provisions which require
    developers to notify local governments if any archeological
    artifacts or data are uncovered during excavations.
    2.  Permits issued in areas known to contain archeological artifacts
    and data shall require a site inspection and evaluation by an
    archeologist.
    3.  The National Historic Preservation Act of 1966, and Chapter 43.51
    RCW provide for the protection, rehabilitation, restoration and
    reconstruction of areas and structures in American and Washington
    State History. The regulations in these acts shall be followed.

    4.4 BOAT RAMPS AND MARINE RAILWAYS

    Boat ramps and marine railways are permanent structures for launching
    water craft. Canoe launch sites and similar uses involving only minimal
    impact on the shoreline area are not considered boat ramps and are in-
    cluded in Use Activity 4.18, Recreation.

    POLICY:
    1.  Boat ramps, marine railways and other launching facilities requiring
    permanent structures should be sited, designed and constructed to
    minimize adverse effects on the shoreline.

    USE REGULATION:
    1. Marine Railways and boat ramps shall be permitted in the Urban
    Environment.

    4.5 BREAKWATERS

    Breakwaters are structures built offshore to protect harbor areas from
    wave action. They are costly to build and can be either rigid or float-
    ing. Rigid breakwaters, usually constructed of riprap or rock and land-
    fill, have both beneficial and detrimental effects on the shore. While
    they reduce wave action and thus protect the back shore, they can also
    disrupt fish migration and block movement of beach material along the shore.
    Floating breakwaters overcome these problems, but are practical only at
    sites which do not experience extreme wave action.
    9

    POLICIES:
    1. Floating breakwaters should be encouraged.
    2. When locating breakwaters the possible effect on public use of the
    water surface should be considered.
    3.  Solid breakwaters should be constructed only where design modifica-
    tions can eliminate potentially detrimental effects on the movement
    of beach material, fish migration and circulation of water.

    USE REGULATIONS:

    1. Breakwaters outside Urban Environments are prohibited.

    2. Prior to granting a permit for a breakwater the effect on adjacent
    properties, on water circulation, and on public use of the water
    surface shall be determined and shall be considered in the permit
    process.

    4.6 BULKHEADS

    Bulkheads are wall-like structures erected at bank edge or at the "toe"
    of a cliff. Their purpose is to protect uplands or fills from erosion
    by moving water. Bulkheads have been constructed of timber and piles,
    reinforced concrete, rock and steel beams. The type of construction
    materials and the location of bulkheads are important considerations
    to the protection of the natural shoreline. Open piling construction
    helps to dissipate wave action by allowing some water to pass through.

    POLICIES:
    1. Bulkheads should be constructed in a manner that will minimize
    alterations of the surrounding natural shoreline.
    2. Where possible open type construction of bulkheads should be used.
    3. Bulkheads should be used only for the purpose of protecting upland
    areas.

    4. The use of natural materials should be encouraged in construction
    of bulkheads.

    5. Public access to publicly owned shorelines should be considered
    when locating bulkheads.
    10

    USE REGULATIONS:
    1.  The construction of bulkheads shall be permitted only where they
    provide protection to upland facilities, not for the indirect pur-
    pose of creating land by filling behind the bulkhead.
    2. Bulkheads shall be constructed no higher than necessary to pro-
    tect adjoining property.
    3. Prior to granting a permit for a bulkhead the effect on adjacent pro-
    perties and on public access to publicly owned shorelines shall be
    determined and shall be considered in the permit process.
    4. Bulkheads shall not be located seaward of the ordinary high water
    mark unless in conjunction with landfill which is consistent with
    this Master Program.

    4.7  COMMERCIAL DEVELOPMENTS

    Commercial development includes wholesale and retail trade or other
    business activities but does not include industrial or light manufac-
    turing uses or marinas. Because most commercial development leads to
    concentrations of people and traffic, it can affect the shoreline envi-
    ronment.

    The Master Program distinguishes between marine-dependent commercial
    development, marine-related commercial development and commercial deve-
    lopment such as restaurants which, while not necessarily related to the
    water, enable more people to enjoy the shorelines and can benefit from
    such location. Marine-dependent commercial developments are those which
    require frontage on and access to water which is navigable at low tide.
    "Marine-oriented" includes both "Marine-dependent" and "marine-related."

    POLICIES:
    1.  Shoreline locations on water navigable at low tide should be set
    aside for only those commercial activities which because of the
    nature of their business, could not locate elsewhere (marine-dependent).
    2.  Any expansion by filling of tidelands for marine-oriented commercial
    development should occur north of the existing U.S. Army Corps
    breakwater.
    3. Commercial development for shoreline location not on water navigable
    at low tide should be preferred in the following order:
    a. Marine-related and providing public access to the shoreline.
    b. Not marine-related but enabling substantial numbers of people to
    enjoy the shoreline. Such uses should be designed to capitalize
    on the marine view.
    11

    4. Consideration shouZd be given to the protection or enhancement of views
    and scenic vistas before new commercial structures and parking areas
    are constructed.
    5.  Parking areas should be located as much as possible on upland areas
    so as not to interfere with shoreline activities.
    6. In areas of primarily retail activity, pedestrian traffic should be
    given priority over other forms of traffic.
    7. Commercial developments should be encouraged to allow public access
    to the shoreline. Public access should be required for projects on
    publicly owned land, except when public safety is involved.
    USE REGULATIONS:
    1. Commercial developments which require direct contiguous access to the
    water and including restaurants, shall, except where personal safety
    is involved, make provision for public access along the shoreline.
    Wherever possible, those commercial developments shall be set back
    from the ordinary high water mark to provide public access. Any
    setback for public access shall not exceed 50 feet.
    2. Commercial developments which do not require direct contiguous access
    to the water, shall be set back from the ordinary high water mark by
    a distance of 50 feet.
    3. Commercial development shall not block scenic views and shall be
    limited to 20 feet in height within 100 feet from ordinary high water
    and 35 feet in height between 700 feet and 200 feet from the ordinary
    high water mark.
    4. Associated parking shall be set back from the ordinary high water
    mark at least 50 feet and is a shoreline conditional use.
    4.8  DREDGING
    Dredging is the removal of unconsolidated material (gravel, sand, silt)
    from the bottom of a stream, lake, bay, or other water body for purposes
    of deepening a navigational channel, deepening or removing sediments from
    a stream for drainage improvement, or obtaining bottom materials for land-
    fill. If not adequately regulated, dredging has the potential to cause
    much environmental harm.
    POLICIES:
    1. Prohibit dredging except for navigational purposes.
    2. Deposition of dredging spoils in the shoreline area shall be a
    shoreline condition use.
    USE REGULATION:
    1.  Dredging is prohibited except for navigational purposes.
    12

    4.9 FORESTRY
    Areas suitable for commercial forestry do not exist within this jurisdic-
    tion.

    4.10  JETTIES AND GROINS

    Jetties and groins are offshore structures intended to control or block
    movement of beach material. Jetties are built at river mouths or other
    embayments to keep ship channels clear.

    Groins are wall-like structures extending from the bank or backshore sea-
    ward across the inter-tidal foreshore. Their purpose is to divert the
    natural longshore movement of beach materials and cause a beach to build
    on drift side of the groin.

    POLICY:
    1. Before locating jetties and groins the effect of these structures on
    the movement of sand and water, wildlife propagation and the aesthetic
    quality of the shoreline must be considered.

    USE REGULATION:
    1.  Jetties and groins are shoreline conditional uses.

    4.11  LANDFILL

    Landfill is creation of additional dry land area by depositing sand, soil,
    or gravel into a tideland, shoreland, marsh or swamp. Landfill can destroy
    the natural character of the shoreline and may create unnatural erosion and
    silting problems while reducing the water surface. As defined in this
    master program, landfill does not include backfilling associated with bulk-
    heading to protect upland facilities, nor does it include deposition of
    dredging spoils or shoreline protection and restoration.

    A;
    POLICIES:
    1. Factors such as total water surface reduction, impediment to water
    flow and circulation, reduction of water quality and destruction of
    habitat should be considered before granting a landfill permit.
    2. Landfills should be designed so as to minimize damage to the shore-
    line environment.
    3.  The perimeters of Zandfills should be contained to retard soil erosion.
    Containment by landscaping or gravel berms is preferred to bulkheading.
    4. Fill material should not impair water quality.
    13

    USE REGULATIONS:
    1. Landfill is prohibited except as outlined in the "Blaine City
    Waterfront Study" as amended by the "Blaine Park Plan."
    2. Fill material shall meet the following standards:
    a. It shall not contain decayable organics.
    b. Concrete or rubble larger than 12 inches in its greatest dimension
    or reinforcing steel must be covered by a minimum of one foot of
    clean fill and must be set back a minimum of ten feet from the
    shoreline.
    4.12  LANDSCAPE MODIFICATION (Formerly Earth Change)
    Landscape modification includes land clearing, landscaping, cuts and fills,
    and other earth moving projects. As defined it does not include installa-
    tion of utilities, landfill, or deposition of dredging spoils.

    POLICIES:
    1. Erosion should be minimized during construction. After construction
    is completed, erosion should not exceed pre-construction conditions.
    2. After construction is completed the shoreline should be restored to
    its previous condition unless bulkheads or other protective structures
    are necessary.

    USE REGULATIONS:
    1. When no bulkheads or other protective structures are necessary or
    intended, the shoreline shall be kept or restored to its natural
    contours, slopes, and appearance.
    2.  No landscape changes that would interfere with the passage of stream
    waters or flood waters shall be permitted.
    3. Land clearing shall be done in conformance with an approved erosion
    control and restoration plan. All material shall be burned or removed,
    except that earth, rocks, and the like shall be graded to the planned
    contour. A performance bond in the amount required for restoration
    shall be posted with the city.

    4.13 MARINAS
    Marinas are facilities which provide storage, shelter, launching, supplies
    and services for pleasure craft or small commercial boats. There are two
    basic types of marinas: open-type construction (floating breakwater and/or
    open-pile work) and solid-type construction (bulkhead and/or landfill.)
    Depending upon the type of construction, marinas can severely affect
    fish and shellfish habitats and water quality. Marinas can also have
    positive or negative effects on local aesthetic values, depending upon
    overall design and extent of covered moorage.
    14

    POLICIES:
    1. Marinas should be restricted to the urban environment.
    2. Construction of new marinas should take into account the possible
    impact on fish and shellfish resources.
    3. To minimize accidental spillage and for the proper handling of
    those spills that do occur procedures for fuel handling and storage
    should be developed and monitored.
    4. Marina design should take into account guidelines set forth by the
    Department of Fisheries and guidelines set forth by state and local
    health departments.

    USE REGULATIONS:
    1. Marinas are restricted to the urban environment.
    2. Operators of proposed marinas must be able to show a County or
    Region wide demand for such facilities.
    3. Covered moorage shall be restricted to 15% of the total number of
    slips.
    4. Marina applicants shall follow the Washington State Department of
    Fisheries Criteria governing the design of marinas in formulating
    plans for construction.

    4.14  MINING

    Mining is the removal of naturally occurring metallic or non-metallic
    minerals from the earth for economic use. Removal of non-metallic
    aggregate (sand and gravel) from shoreline areas can lead to many
    adverse effects.

    POLICY:
    1. Mining of sand and gravel and other minerals from the shoreline
    area is prohibited.

    USE REGULATION:
    1. Mining of sand and gravel and other minerals from the shoreline area
    is prohibited.
    15

    4.15 OUTDOOR ADVERTISING, SIGNS, BILLBOARDS
    Signs are publicly displayed boards whose purpose is to provide infor-
    mation, direction or advertising. Signs and billboards, because they
    are intended to be very visible, can have a great effect on the aesthe-
    tics of an area. The following policy statements apply to all outdoor
    advertising, signs and billboards.

    POLICIES:
    1. Prohibit off premise advertising signs and billboards within the
    the shoreline area.
    2.  Signs should be constructed against existing buildings to minimize
    visual obstructions of the shoreline and water bodies.
    3.  Neon lighting for signs within the shoreline area should be prohi-
    bited.
    4.  Building material, design, and size of signs should be compatible
    with the shoreline area.
    5.  Activities within commercial areas should be encouraged to use
    themes in the construction of their signs.

    USE REGULATIONS:
    1.	Off Premise signs and billboards are prohibited.
    2.	A port directory sign is permitted near the Boat Harbor.
    3. All other signs must conform to the City Sign Ordinance.

    4.16  PIERS AND DOCM

    A pier or dock is a structure built over or floating upon the water,
    used as a landing place for marine transport or for recreational purposes.
    While floating docks generally create less visual impact than those on
    pilings, they impede boat traffic, and can alter movement of beach mater-
    ial along the shore. A concentration of piers along the shore can substan-
    tially reduce the usable water surface, and interfere with or prevent public
    use of the water surface.

    POLICIES:
    1.  Open-pile piers should be restricted to those areas where they do
    not interfere with shoreline access and do not have an adverse
    effect on the area's appearance.
    2.  Whenever possible, priority should be given to community or coopera-
    tive use piers.
    16

    USE REGULATIONS:
    1. Docks and piers are prohibited except in urban environments.
    2. Piers and docks shall not project beyond the harbor line or signifi-
    cantly reduce use of the water surface.

    4.17  PORT AND WATER RELATED INDUSTRY

    Ports are centers for water-borne traffic and as such have become gravita-
    tional points for industrial/manufacturing firms. The Master Program
    differentiates between those industrial activities which actually need a
    shoreline location and those industrial activities which do not. Ports
    and water-related industries have a great impact on shoreline areas and
    their locations and size should be carefully regulated.

    POLICIES:
    1. Give shoreline priority to those industries that require frontage on
    water which is navigable at low tide.
    2. Encourage cooperative use of parking and storage facilities by water-
    related industry.
    3. Any expansion for water-related industry should occur north of the
    U.S. Army Corps breakwater and outside of Drayton Harbor.
    4. When possible, water-related industries should not interfere with
    public visual and physical access to the shoreline.
    E. Encourage the Port of Bellingham and the City of Blaine to extend
    leases only to those commercial and industrial uses which are marine-
    oriented, with the exception of restaurants.

    USE REGULATIONS:
    1. Water related industry is restricted to areas where water-related
    industries already exist.
    2.  Associated parking on the shoreline is a conditional use and shall
    include provisions for pedestrian and non-motorized vehicular circu-
    lation along the shoreline.
    3. At the port area shoreline location along water navigable at low
    tide shall be limited to those industries or commercial uses re-
    quiring such frontage.
    4. Other shoreline location in the port area shall be limited to
    industries and commercial developments which are marine-related but
    not necessarily water-dependent. Such uses shall be required to
    allow public access to the shoreline, unless public safety would be
    endangered.
    17

    4.18 RECREATION
    Recreation is the refreshment of body and mind outdoors or indoors through
    forms of play, sports, amusement or relaxation. Water-related recreation
    accounts for a very high proportion of all recreational activity in the
    Pacific Northwest. Recreation may be either active such as boating,
    swimming, fishing, or hunting or passive, such as enjoying the natural
    beauty of a shoreline, nature study, or picnicking.

    POLICIES:

    1.  Insure adequate publicly owned space for shoreline walking, viewing,
    and general shoreline enjoyment.

    2. Encourage property owners to allow public use of their shoreline land.

    3. In shoreline areas encourage only those recreational activities which
    are compatible with the shoreline environment.

    4. Encourage private investment in recreation facilities.

    5. Canoe launch sites and other minor recreation launching facilities
    should be sited, designed, and constructed with minimal adverse
    effected on the shoreline.

    USE REGULATIONS:

    1. Priority shall be given to recreational activities which receive
    the most benefit from a shoreline location. These activities would
    include walking, viewing, and picnicking.

    2. Associated parking is prohibited in the shoreline area, with the
    exception of scenic pull-outs and view points.

    4. Overnight camping facilities shall be located out of the shoreline
    area.

    6. Recreation facilities shall not unduly burden or create conflict with
    adjacent shoreline uses.

    4.19  RESIDENTIAL DEVELOPMENT

    Residential development refers to townhouses, apartment houses, condominiums,
    camping clubs, mobile home parks or residential subdivisions, and includes
    residences exempt from the permit system. "Developer" below refers to
    proponents for residential developments which require a substantial develop-
    ment permit.
    18

    POLICIES:
    1. Developers wiZll be encouraged to use shoreline areas as open space.
    2. Developers should submit plans for the control of soil erosion during
    construction.
    3. Developers wiZZll be encouraged to provide public access to the shore-
    line within the subdivision.
    4. Before subdivision plans wiZZll be approved, utilities should be available
    to the proposed construction site.
    5. Mobile home parks should be restricted from the shoreline area.
    6. Multi-family residential structures should be located outside the
    shoreZlines area.
    7. Residential developments proposed for the shoreline area should be
    developed as planned unit developments.

    USE REGULATIONS:
    1. Setbacks from ordinary high water mark shaZZll be 75 feet for single
    family and duplez dweZZllings and 150 feet for other multi-family
    dweZZllings.
    3. Wherever possible the area within 200 feet of the ordinary high
    water mark should be used as open space to meet the subdivision
    regulation requirements.
    4. Provisions for public access along the shoreline should be made by
    the developer.
    5. Height limits shaZll be 20 feet within 100 feet from ordinary high
    water and 35 feet from 100 to 200 feet from ordinary high water.

    4.20  ROAD AND RAILROAD DESIGN AND CONSTRUCTION

    A road is a linear passageway for motor vehicles, and a railroad is a
    linear passageway with tracks for train traffic. Their construction
    can both provide and limit access to shorelines, impair the visual
    qualities of water-oriented vistas, expose soils to erosion and retard
    the runoff of flood waters, and accelerate or retard development.

    POLICIES:
    1. Whenever feasible, major highways and railroads should be located
    away from shoreline areas.
    20

    2.  The impact on the natural shoreline environment should be the main
    consideration when designing, locating and constructing highways
    and railroads in the shoreline area.
    3.  Highway and road desings should make provisions in their rights-of-
    way for pedestrian traffic access to the shorelines.
    4.  Provisions should be made in highway and road design for scenic
    pull outs and view points.
    5.  Railroad construction should be limited to maintenance of existing
    facilities.

    USE REGULATIONS:
    1.  There shall be no side-casting of excess road building material
    within the shoreline area, either during construction or maintenance.
    2. Major arterials shall be prohibited in shoreline areas except where
    necessary to cross a body of water.
    3.  Permitted roadways shall be low speed and designed to conform to
    existing topography, thus minimizing cut and fill.
    4.  New railroads construction is prohibited in all environments.
    4.21 SHORELINE PROTECTION

    Shoreline Protection refers to flood protection and stabilization of
    erosion along streanmways and marine shorelines and includes rip-rapping,
    beach feeding, and dikes but excludes other shore defense work such as
    bulkheads, jetties and groins.

    POLICIES:
    1. Shoreline protection measures should be designed to minimize
    alteration of the natural shoreline and streoa'way.
    2.  Shoreline protection should minimize any intrusion on tidelands.

    USE REGULATIONS:
    1. Riprapping and other bank or shore stabilization measures shall be
    located, designed and constructed so as to protect the natural char-
    acter of the shoreline or streamway and to minimize the need for
    channe Zization.
    2.  Where flood protection measures such as dikes are planned they shall
    be placed landward of the shoreline, including associated swamps
    and marshes and other wetlands directly interrelated and interdepen-
    dent with the water body.
    21

    3. Flood protection measures which result in extensive modification
    or channelization of the streamway or shoreline are prohibited.
    4. Restoration of shorelines shall be planned to restore as nearly
    as possible the natural condition of the shoreline.

    4.22  SOLID WASTE DISPOSAL

    Solid waste means all discarded or spent materials other than liquids
    such as sewage or waste water.

    POLICIES:
    1. Solid waste disposal is to be prohibited within the shoreline area.
    2. Receptacles for litter control should be encouraged.

    USE REGULATION:
    1. Solid waste disposal sites are forbidden in the shoreline area except
    for litter control recepticals.

    4.23  UTILITIES

    Utilities are electrical or communications systems or systems which dis-
    tribute or transport items such as oil, gas, sewage or water. The in-
    stallation of these systems necessarily disturbs the landscape but can
    be planned to have minimal visual and physical effect on the environment.

    POLICIES:
    1. Multiple use corridors should be used as much as possible when
    locating utilities.
    2. After installation or maintenance of utilities on shorelines, the
    affected area should be replanted in natural vegetation.
    3. The location or replacement of utilities should be planned so as not
    to obstruct scenic views.
    4. Where possible, utilities should be placed underground so as to not
    destroy the aesthetic qualities of the area.
    5. The use of rights-of-way for public access to and along the shoreline
    should be encouraged.

    USE REGULATIONS:
    1. All utilities, including pumping stations, but excluding sewage treat-
    ment plants, must be located underground.
    2. Overhead utilities shall be permitted only when and where necessary
    to cross a body of water.
    22

    3. Upon the completion of installation/maintenance projects on the
    shoreline, the affected area shaZZll be restored to pre-project
    configuration, replanted with native or pre-existing species, and
    provided with maintenance care until the newly planted vegetation
    is established.
    4. Water reclamation, desalinization or power plants shaZZll not be
    located in the shorelines of the city. Their needs for access may
    be met by an underground easement to the water.
    5.  Sewage treatment plants shall be located where they do not inter-
    fere with and are compatible with recreational, residential or other
    public uses of the water and shorelines.
    23

    5.  NATURAL SYSTEMS REGULATIONS

    This section contains brief and general descriptions of the natural physical
    systems within this jurisdiction. The intent of this section is to define
    these systems and to outline special regulations which apply to their manage-
    ment.

    The following regulations shall supercede the Use Regulations and shall apply
    to all Envirornments.

    5.1 Mcarshes3 Bogs, and Swcamps: Marshes, bogs, and swamps are areas which have
    a water table very close to the surface of the ground. Formerly shallow
    water areas, they gradually filled through natural sedimentation. Although
    considered abysmal wastelands by many, these wet areas are extremely im-
    portant. Many species of animal and plant life depend on this environment
    for existence. Wet areas are also important as ground water recharge areas
    and have flood control value. They should be protected from overdevelopment.
    The following Use Regulations apply to marshes, bogs, and swamps over � acre
    in size.

    USE REGULAT IONS:

    1. Bogs, marshes and swaraps shall not be drained, filled3, dredged or
    cleared.

    2. There shall be a minimum distance of 100 feet from the edge of up-
    land vegetation adjacent to a bag, marsh, or swamp where no develop-
    ment shall occur.

    3. Septic tanks or drainfields should not be located within 200 feet
    from the edge of a bog, marsh, or swamp.

    5.2 Bars and Spits: Bars and spits are natural formations composed of sand
    and gravel and shaped by wind and water currents and littoral drifting.
    Generally a spit ,is formed from a headland beach (tall cliff with a curved
    beach at the fooi) and extends out into the water (hooks are simply. hook-
    shaped spits.) While spits usually have one end free in open water, bars
    generally are attached to land at both ends. These natural forms enclose
    an area which is protected from wave action, allowing life forms such as
    shellfish to reproduce and live protected from the violence of the open
    coast.

    USE REGULATIONS:

    1. The removal of gravel, minerals, sand, or drift material from a
    bar or spit is prohibited except for navigational purposes.
    24

    2. No development or use which will interrupt the free movement of the
    littoral drift or alter in any way the deposition of sand, gravel
    and related shoreline material shall occur on a bar or spit, except
    at the end of drift sectors.
    3. Dredging for navigational purposes shall not occur in the offshore
    area of a bar or spit nor within the littoral drift zone which feeds
    the bar or spit, except at the end of drift sectors. All other
    dredging is prohibited.
    4. Multi-family dwellings and residential subdivisions shall be pro-
    hibited on a spit.
    5. Wherever possible, bars, spits and their vegetation should be left in
    as near a natural state as can be attained.
    6.  Except for limited private parking, parking facilities shall be
    placed on upland areas away from bars, dunes and spits.
    7. No shoreline protection structures of any kind will be allowed in
    Natural and Conservancy Environments except protective berms, beach
    feeding or vegetative bank stabilization when necessary to restore
    an eroding accretion beach or to retard erosion elsewhere.
    5.3  Feeder Banks:  A feeder bank is a natural formation occurring along the
    shoreline which is subject to erosion by natural forces and which supplies
    sand, gravel, and other materials to the beach system and supports impor-
    tant spits, bars and beaches. As an important part of the natural shoreline
    system feeder banks must be allowed to continue their natural erosional
    processes.
    USE REGULATIONS:
    1. Bulkheads, landfills, groins, jetties, and other development which
    prevent or restrict the natural erosion of a feeder bank shall be
    prohibited.
    2. Developments of all types shall be prohibited from the shoreline
    area above and below feeder banks except where an adequate soils
    study indicates no adverse effect. Then they shall be processed
    as shoreline conditional uses.
    5.4 Shoreline Bluffs and Steep Slopes: A bluff is a shoreline bank or cliff
    with an almost perpendicular front. Bluffs can be, but need not be, feeder
    banks. Bluffs are almost always made up of unconsolidated material which
    is very susceptible to slides and erosion. A steep slope can be defined
    as a slope exceeding 50% and 20 feet in height.
    25

    USE REGULATIONS:
    1. Shoreline bluffs and steep slopes shall be left in their natural
    state.
    2. Development within the shoreline area below or above a bluff or
    steep slope shall be prohibited except where an adequate soils study
    indicates no adverse effect. Such development shall be a shoreline
    conditional use.

    5.5 Tide Lands: Tide land is that area that exists between mean high water
    and mean low water.

    USE REGULATIONS:
    1. Tide lands shall not be filled or diked to provide upland building
    sites, with the following exception:
    a. That area proposed for the expanded Blaine Boat Harbor.
    2. Tide lands shall not be dredged or otherwise disturbed, with the
    following exceptions:
    a. That area proposed for the expanded Blaine Boat Harbor.
    b. At the end of drift sectors on Semiahmoo Spit.
    26

    6.
    ADMINISTRATION AND ENFORCEMENT

    6.1 Record of Exemp-tion: The Administrator shall determine whether or not

    a Substantial Development Permit is required. Whenever a proposed deve-

    lopment is within the shorelines area but is exempt from the permit system,

    the Administrator shall record the exemption in the project's file. (See

    Appendix A for list of developments exempt from the shorelines permit

    system.)

    6.2 Compliance with the State Environmental Policy Act (SEPA): Many proj ects

    which are within the shoreline area will also be subject to the State

    Environmental Policy Act as set forth in the City of Blaine SEPA ordinance.

    The Administrator will advise the applicant of procedures for compliance

    with SEPA.

    6.3 Letter of Exemption: whenever a project does not require a Substantial

    Development Permit, but is subject to a U.S. Corps of Engineers section

    10 permit under the River and Harbor Act of 1899, the Administrator

    shall prepare a letter addressed to the applicant and the Department of

    Ecology exempting the project from the permit requirements of the Shore-

    line Management Act and the City of Blaine Master Program.

    6.4 Permit Procedures:

    a. Upon determination that a substantial development permit is required

    the applicant shall obtain a Shoreline Management Substantial Deve-

    lopment Application Form from the Administrator.

    NOTE: if a project is not categorically exempt from SEPA, the Admin-

    istrator shall give an Envirormental Checklist to the applicant.

    After the checklist has been filled out the Director of Public Works

    shall determtine whether an environmental impact statement (ET-S) is

    necessary, in accordance with the City of Blaine's SEPA ordinance.

    b. When the Administrator has determined that the application has been

    properly prepared, he will instruct the applicant to publish notices

    of the application at least once a week and on the same day of the

    week for two consecutive weeks in a newspaper of general circulation

    within the Blaine area. Tn addition the Administrator shall post

    notices at the Blaine Post Office, in the lobby of Blaine City Hall,

    and in a conspicuous manner on the property upon which the project

    is to be constructed.

    NOTE: iFor substantial developments not categorically exempt from

    SEPA, an application is not properly prepared until SEPA has been

    complied with as follows:
    27

    (1) _Tf an ElIS is not required, notice of the shore line application
    may be published as soon as the City has issued a final declara-
    tion of non-significance.
    (2) If an EIS is required, notice of the shoreline application may
    be publ.ished when the draft EIS is circuZated. (Listed in the
    City's E-TS Available Register).

    C. A period of 30 days must pass from the date of last public notifica-
    tion before the Planning Comamission can act on the application. During
    this 30-day period any interested person may submit his written views
    upon the application to the Planiiing Commission, or request notice of
    action taken upon the application. All persons submitting comments
    or requesting notice shall be no Lif'.ed jin a Limmly jiLaniler of the action
    taken upon the application. A public hearing on the application may be
    held during this period. If a draft EIS has been prepared, the public
    hearing shall be held at least 35, but no later than 51 days after
    listing of the draft EIS in the City's EIS Available Register.

    d. Within 60 days after this 30 day waiting period the Planning Commission
    must initiate its consideration of the application. The Planning Com-
    mission is the final authority for the City of Blaine concerning grant-
    ing of Substantial Developments Permits.

    e. Within five working days from the date the Planning Commission grants
    or denies a permit, copies of that action must be submitted to the
    Department of Ecology and the State Attorney General's office.

    f. No construction shall begin pursuant to the granting of a permit for
    30 days after the state receives notice of Planning Commission action.
    At the termination of the State's 30-day review period, unless an
    appeal has been filed, the Administrator shall notify the applicant
    that construction pursuant to the permit may commence,
    6.5  Judgment Criteria for Substantial Development Permits:  A Substantial
    Development Permit shall be granted only when the development proposed
    is consistent with the policies and procedures of the Shoreline Manage-
    ment Act and the City of Blaine Master Program.

    6.6  Burden of Proof:  Applicants for s-ubstantial development permits shall
    have the burden of proving that a proposed substantial development is
    consistent with the criteria which must be met before a permit is granted.
    In any review of the granting or denial of an application for a permit
    the person requesting the review shall have the burden of proof.
    28

    6.7 Shore line Conditional Uses: The objective of a conditional use provision
    is to provide more control and flexibility for implementing the regulations
    of the Master Program. Shoreline conditional uses are specifically describ-
    ed in the Master Program.

    Shoreline Conditional uses will be granted only after the applicant can
    demonstrate 411 of the following:

    a. The use will cause no unreasonably adverse effects on the environment
    or other uses.

    b. The use will not interfere with public use of public shorelines.

    c. Design of the site will be compatible with the design and appearance
    of surrounding uses.

    d. The proposed use will not be contrary to the general intent of the
    Master Program.

    The Planning Commission Shoreline Sub-committee shall review conditional
    uses and make recommendations to the Planning Commission. Whenever an
    HIS has been prepared for a substantial development application, the con-
    ditions shall attempt to incorporate measures for mitigating adverse imi-
    pacts identified in the EIS.

    6.8 Shove line Yariances: Variance deals with, spacific requirements of the
    master program and its objective is to gran-t relief when there are prac-
    tical difficulties or unnecessary hardship in the way of carrying out the
    strict letter of the master program. The property owner must show that
    if he complies with the provisions he cannot make any reasonable use of
    his property. The fact that he might make a greater profit by using his
    property in a manner contrary to the intent of the program is not a
    sufficient reason for variance. A variance will be granted only after
    the applicant can demonstrate the following:

    a. The hardship which serves as basis for granting of variance is
    specifically related to the property of the applicant.

    b. The hardship results from the application of the requirements of
    the act and master program and not from, for example, deed restric-
    tions or the applicant's own actions.

    c. The variance granted will be in harmony with the general purpose
    and intent of the master program.

    d. Public welfare and interest will be preserved; if more harm will
    be done to the area by granting the variance than would be done
    to the applicant by denying it, the variance will be denied.

    The Planning Commission Shoreline Sub-committee shall review variances
    and make recommendations to the Planning Commission.
    29

    6.9 Revisions to Substantial Development Permits: when an applicant seeks
    to revise a substantial development permit, the applicant shall submit
    detailed plans and text describing the proposed changes in the permit.

    (1) If the Administrator determines that the proposed changes are
    within the scope and intent of the original permit, he shall
    approve a revision. The revised permit shall become effective
    immediately. The approved revision along with copies of the
    revised site plan and text, should be submitted by certified
    mail to the appropriate department of ecology regional office,
    the attorney general, and to persons who have previously noti-
    fied local government relative to the original application.
    Appeals shall be in accordance with RCW 90.58.180 and shall be
    filed within 15 days from date of certified mailing. The party
    seeking review shall have the burden of proving the revision
    granted was not within the scope and intent of the original
    permit.

    (2) if the proposed changes are not within the scope and intent
    of the original permit, the applicant shall apply for a new
    substantial development permit in the manner provided for
    herein.

    6.10 Time Requivements: The following time requirements shall apply to all
    substantial development permits and conditional uses and variances:

    (1) Construction or substantial progress toward construction of a project
    for which a permit has been granted must be undertaken within two
    years after the approval of the substantial development permit.
    Substantial progress towards construction shall include, but not be
    limited to the lettering of bids, making of contxacts, purchase of
    materials involved in development, but shall not include development
    or actions which are not consistent with the permit. in determining
    the running of the two-year period, the time during which a develop-
    ment was not actually pursued by construction and the time during
    which pending litigation reasonably related thereto delayed construc-
    tion shall not be included. The Planning Commission may, at its dis-
    cretion, extend the two-year time period for a reasonable time if the
    applicant has not been able to obtain expeditiously other governmental
    permits which are required prior to the commencement of construction.

    (2) if a project for which a permit has been granted pursuant to the act
    has not been completed within three years after the approval of the
    permit by the Planning Commission, the Planning Commission shall, at
    the expiration of the three-year period, review the permit, and upon
    a showing of good cause, do either of the following:

    (a) Extend the permit for one year; or
    (b) Terminate the permit,
    (provided that nothing herein shall preclude local government from
    issuing substantial development permits with a fixed termination
    date of less than five (5) years.)
    30

    6.11 Recission: Any substantial development permit may be rescinded by
    the Planning Commission upon finding that the permittee has not
    complied with conditions of the permit.

    6.12 Appeals from Granting or Denying a Permit:

    a. Any person aggrieved by the granting or denying of a permit on the
    shorelines of the City may seek review from the shorelines hearings
    board by filing a request for the same within thirty days of receipt
    of the final order. Concurrently with the filing of any request for
    review with the hearings board as provided in this section pertaining
    to a final order of the City of Blaine, the requestor shall file a
    copy of his request with the Department of Ecology and the Attorney
    General' s Office. If it appears to satid department or the Attorney
    General that the requestor has valid reasons to seek review, either
    the department or the Attorney General may certify the request within
    thirty days after its receipt to the shorelines hearings board follow-
    ing which said board shall then, but not otherwise, review the matter
    covered by the requestor: Provided, that the failure to obtain such
    certification shall not preclude the requestor from obtaining review
    otherwise available to the requestor. The Department of Ecology and
    the Attorney General may intervene to protect the public interest and
    insure that the provisions of the Shoreline Management Act are complied
    with at a time within thirty days from the date of the filing of said
    copies by the requestor.

    b. The Department of Ecology or the Attorney General may obtain
    review of any final order granting a permit, or granting or deny-
    ing an application for a permit issued by the City of Blaine by
    filing a written request with the Shorelines Appeals Board and the
    City of Blaine within thirty days from the date the final order was
    filed as provided in subsection (5) of RCW 90.58.140.

    c. The review proceedings authorized by subsection (a.) and (b.) of
    this section are subject to the provisions of chapter 34.04 RCW
    pertaining to procedures in contested cases.

    6.13 Violation and Penalty:

    a. Any permit may be rescinded by the City upon the finding that a
    permittee has not complied with conditions of a permit.

    h. The State Attorney General or the City Attorney for the City o-f Blaine
    shall bring such injunctive, declaratory, or other actions as are neces-
    sary to ensure that no uses are made of the shorelines in conflict with
    the provisions and programs of the Shoreline Management Act and Master
    Program, and to otherwise enforce the provisions of the Act and Master
    Program.
    31

    c.  in addition to incurring civil liability under Subsection (b)
    of this section, any person found to have willfully engaged in
    activities on the shorelines in violation of the provisions of
    the Shoreline Management Act or Master Program shall be guilty
    of a gross misdemeanor, and shall be punished by a fine of not
    less than twenty-five nor more than one thousand dollars or by
    imprisorment in the county jail for not more than ninety days,
    or by both such fine and imprisonment: PROVIDED, that the fine
    for the third and all subsequent violations in any five-year
    periodl shall be not less than five hundred nor more than ten
    thousand dollars.

    d. Any person subject to the regulatory program of the Shoreline
    Management Act or Master Program who violates any provision of
    the Act or Master Program 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
    State Attorney General or City Attorney shall bring suit for
    damnages under this section on behalf and on the behalf of all
    persons similarly situated. If liability has been established
    for the cost of restoring an area affected by a violation the
    court shall make provision to assure that restoration will be
    accomplished within a 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.

    6.14 Nonconforming Devetopment~s: All developments lawfully erected, installed
    and maintained in a lawful condition prior to the effective date of the
    Master Program and the developments in the process of being lawfully
    established prior to the effective date of the Master Program, and all
    developments which hold a valid Shoreline Management Substantial Develop-
    ment Permit approved prior to the effective date of the Master Program,
    but which do not conform to the regulations contained herein, shall be
    considered nonconforming developments.

    Nonconforming developments may continue to exist or be completed according
    to the following provisions:

    a.  Nonconforming developments may be remodeled or renovated provided
    such alterations do not contribute to additional adverse effect on
    the shoreline area.

    b.  Nonconforming developments which are destroyed beyond 50% of their
    value shall not be restored except in conformance to regulations
    contained in the Master Program.
    32

    c. When a nonconforming development is remodeled or renovated, it shall
    meet all applicable regulations of the Master Program except that
    which makes it nonconforming.

    d. A structure containing a non-conforming use may be enlarged if the
    additional space is for a use activity which conforms to the Master
    Program. Use of the enlarged area shall remain in conformance with
    the Master Program.
    33

    7. AMENDMENTS AND CHANGES OF ENVIRONMENT DESIGNATIONS
    a) The City Council may, upon its own motion and after review and recommenda-
    tion of the Planning Commission, amend, supplement, change or repeal by
    ordinance any of the provisions, Shoreline Area Designation boundaries or
    Shoreline Area classifications herein established.

    b) An amendment or change in Shoreline Area Designation may be initiated by
    the Planning Commission upon its own motion, or by any person upon proper
    petition, or by the motion of the City Council whose action shall be
    referred to the Planning Commission for recommendation.

    c) The Planning Commission shall hold at least one public hearing on any
    proposed amendment or change in Shoreline Area Designation prior to taking
    action on the matter. The hearing shall be held not less than ten (10) days
    nor more than thirty (30) days following the filing of the petition on the
    receipt of the City Council motion initiating the action.

    The Administrator, or authorized representative, shall miake an investigation
    and a written recommendation on each proposed amendment or change in Shore-
    line Area Designation to the Commission. Such recommendation shall become
    part of the official record.

    The Planning Commission shall make its findings, decision and recommendation
    on each proposed amendment or change in Shoreline Area Designation within
    thirty (30) days following the termination of the public hearing. in the
    event the Planning Commission does not reply within the specified time limit,
    it shall be deemed that the Planning Commission has approved the proposed
    amendment or change in Area Designation. The decision of the Planning Com-
    mission shall be transmitted to the City Council within ten (10) days follow-
    ing the date of such action.

    d) After holding a public hearing to consider the findings and recommendations
    of the Planning Comnmission, the City Council shall have the authority to
    confirm, alter or modify any of the Planning Commission's recommendations
    or decisions.

    e) All amendments or changes in Shoreline Area Designations must be submitted
    to the Department of Ecology for approval or disapproval.
    34

    APPENDIX A: DEFINITIONS

    ADMINISTRATOR - The person who is responsible for issuing Shoreline Use Permit
    Applications, inspecting project sites and making recommendations to the planning
    commission. This person shall be the same person now know.n as the Building inspec-
    tor.

    ACT - means the Shoreline Management Act of 1971, Chapter 90.58 RCW.

    AQUACULTURE - means the culture or farming of food fish, shellfish or other
    aquatic plants and animals for human consumption.

    "BLA-INE=IT  WATERFRONT STUDY" AS AMENDED BY "BLAINE PARK PLAN" - refers to the
    revised City of Blaine policy regarding potential expansion of the Blaine Boat
    Harbor, adjoining marine commercial area and related waterfront park location.
    The purposes of the policy are to protect the natural quality of Drayton Harbor
    estuary, to improve public access to the shoreline, anLd to provide for future
    marine-oriented industrial and commercial expansion. The plan would create a
    waterfront park on the south side of the U.S. Army Corps breakwater and direct
    any marine industrial or commercial expansion to the niorth out of Drayton Harbor.

    DEPARTMENT - The Department of Ecology.

    DE'VELOPMENT - means a use consisting of the construction or exterior alteration
    of structures; dredging; drilling; dumping; filling; removal of any sand, gravel,
    or minerals; bulkheading; driving or piling; placing of obstructions; or any
    proj ect of a permanent or temporary nature which interferes with the normal
    public use of the shoreline.

    DIKE - An embankment usually placed within or near the edge of a flood plain to
    protect adjacent lowlands from flooding.

    DlIRECTOR - Means the Director of the Department of Ecology.

    DREDGITNG FOR NAVIGATIONAL PURPOSES - Means dredging operations required for
    maintaining or improving public or commercial facilities requiring boat access;
    or dredging operations required for opening access to approved new public or
    conmnercial f acilities.

    DUNE - means a hill or ridge of sand forming along the shoreline by wind.

    ESTUARY - Means that area in the marine environment where freshwater and salt-
    water mix.

    EXTREME LOW TIDE - means the lowest line on the land reached by a receding tide.

    FLOOD PLAIN - means a plain area bordering a river or shoreline which is subject
    to inundation by the rising river or sea.

    HEARINGS BOARD - means the Shoreline Hearings Board established by RCW 90.58.
    35

    LITTORAL DRIFT - means the movement of gravel and sand along a seashore due to
    the waves advancing obliquely up the beach.

    MARSH - Means a tract of soft, wet land usually low-lying and partly or com-
    pletely underwater.

    MASTER PROGRAM - Means the comprehensive shoreline use plan for the City of
    Blaine 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.

    NATURAL SYSTEMS - means flora, fauna, physical forms and natural forces of
    climate, wind and water that affect and are affected by each other.

    NON-CONFORMING USE - Means those uses that do not conform to the given environ-
    mental designation.

    ORDITNARY ANNUAL HlIGH WATER MARK - Means the mark on all streams and tidal waters
    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 ordi-
    nary years, as to mark upon the soil a character distinct from that of the
    abutting upland, in respect to vegetation, as that condition exists on June 1, 1971,
    or as it may naturally occur change thereafter: Provided, that in any area where
    the ordinary high-water mark cannot be found, the ordinary high-water adjoining
    saltwater shall be the line of mean higher high tide and the ordinary high water
    mark adjoining freshwater shall be the -line of mean high water.

    SHORELINES OR SHORELINE AREA - Means all of the water areas within the incorpora-
    ted area of Blaine and their associated wetlands together with lands underlying
    them; except shorelines on segments of streams upstream of a point where the
    mean annual flow is 20 cubic feet per second or less, and the wetlands associated
    with such upstream segments.

    SPIT - means a natural formation composed of sand and gravel which is low lying
    and attached to land at one end.

    STREAMWAY - The channel or channels that contain the mean annual high water flow.
    The streamway is measured from outside edge to outsidle edge.

    SUBSTANTIAL DEVELOPMENT - Means any development of which the total cost or fair
    market value, exceeds $1,000.00 or any development which materially interferes
    with normal public use of the water or shorelines, except that the following
    shall not be considered substantial developments:

    a) Normal maintenance or repair of existing structures or developments,
    including damage by fire, accident, or elements,

    b) Construction of the normal protective bulkhead, common to single-family
    residences,
    36

    c)Emergency construction necessary to protect property from damage by
    the elements,

    d) Construction of a barn or similar agricultural structure on wetlands,

    e) Construction or modification of navigational aids, such as channel
    markers and anchor buoys,

    f) Construction on wetlands by an owner, lessee or contract purchaser, or a
    single-family residence, for his own use or for the use of his family,
    which residence does not exceed a height of 35 feet above average grade
    level and which meets all requirement of the state agency or local govern-
    ment having jurisdiction thereof,

    g) 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,

    h) operation, maintenance, or construction of canals, waterways, drains,
    reservoirs, or other facilities that now exist or are hereafter created
    or developed as a part of an irrigation system for the primary purpose
    of making use of system waters, including return flow and artificially
    stored ground water from the irrigation of lands,

    i) The marking of property lines or corners on state owned lands, when such
    marking does not significantly interfere with normal public use of the
    surface of the water,

    j) operation and maintenance of any system of dikes, ditches, drains, or
    other facilities existing on the effective date of this 1975 amendatory
    act which were created, developed or utilized primarily as a part of an
    agricultural drainage or diking system,

    k) Any project with a certification from the governor pursuant to chapter
    80.50 RCW,

    1) No permit shall be required under chapter 90.58 RCW for the construction
    of up to 500 feet of one and only one road or segment of a road, provided
    such road does not enter the shoreline more than once. such exemption
    from said permit requirements shall be limited to a single road or road
    segment for each forest practice and such road constxuction shall be sub-
    ject to the requirements of chapter 76.09 RCW and regulations adopted Pur-
    suant thereto and to the prohibitions or restrictions of any master program
    in effect under the provisions of 90.58 RCW. Nothing in this sub-section
    shall add to or diminish the authority of the shoreline management act
    regarding road construction except as specifically provided herein. The
    provisions of this sub-section shall not relate to any road which crosses
    over or through a stream, lake, or other water body subject to chapter
    90.58 RCW.
    37

    SWAMP - A tract of low-lying land which is saturated with moisture and
    usually overgrown with vegetation.

    VIEW - A broad scene of the landscape observed from a given vantage point.

    VISTA - A confined view such as may occur by looking through a window, tunnel
    or framed by vegetation and/or structures.

    WETLANDS - Means those lands extending landward for two hundred feet in all
    directions as measured on a horizontal plane from the ordinary high water
    mark; and all marshes, bogs, swamps, floodways, river deltas, and flood plains
    associated with the river or stream.
    38

    APPENDIX B: CITIZEN INVOLVEMENT

    ORIGINAL COMMITTEE WORK:

    The Blaine Shoreline Management Citizens Advisory Committee was formed in
    July, 1973. The following members were appointed by the Mayor.
    Elsie Heinrick, Chairperson
    Reg Campin
    Bob Drake
    Murray Goff
    Alma Wagner
    Don Walter
    Eythor Westman
    The Citizens' Advisory Committee has held eighteen meetings in the
    developing the Master Program. The Committee held meetings on the
    dates:
    course of
    below listed
    DATE
    August 22, 1973
    August 29, 1973
    September 6, 1973
    September 26, 1973
    October 10, 1973
    October 24, 1973
    November 15, 1973
    November 29, 1973
    January 10, 1974
    June 6, 1974
    November 4, 1974**
    November 9, 1974
    November 18, 1974
    November 25, 1974
    December 7, 1974
    January 20, 1975**
    February 6, 1975
    March 17, 1975**

    The majority of the
    requirements of the
    TIME
    7: 30PM
    7:30PM
    7:30PM
    7:30PM
    7:30PM
    7: 30PM
    7:30PM
    7: 30PM
    7:30PM
    7:30PM
    7: 00PM
    9:00AM
    7: 00PM
    7: 00PM
    9:00AM
    7: 00PM
    7: 00PM
    7: 00PM

    meetings listed above
    Act.
    PLACE
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, City Hall
    Blaine, United Church
    Blaine, United Church
    Blaine City Hall
    Blaine City Hall
    Blaine City Hall
    Blaine City Hall
    of Christ
    of Christ
    were public meetings, meeting the
    **Advertised Public Hearing
    39

    PROGRAM REVISION:
    The Advisory Committee was reactivated to revise the Master Program under
    a 1976 contract with the Department of Ecology. The following members were
    appointed by the Mayor:
    Alma Wagner, Chairperson
    Reg Campin
    Jim Eames'
    Roy Poster
    Helen Harmon
    Elsie Heinrick
    Gary Mann
    Carl Reichardt
    Bev Kittel, Secretary

    The committee held ten meetings on the shoreline revisions, all at City Hall:
    August 30, 1976
    September 16th & 30th, 1976
    October 14th & 28th, 1976
    February 14, 1977
    March 3rd, 17th, 24th, 31st, 1977

    Master Program Revisions were adopted by the committee on March 31st. The
    Planning Commission held a public hearing April 20th and conducted several
    work sessions. The Planning Commission recommended approval of the Master
    Program on May 18th and the City Council approved the revised program on
    July 5, 1977, after an information meeting with the Planning Commission and
    discussion at a June Committee of the whole meeting.
    40

    APPENDIX C: ENVIRONMENTS

    NATURAL - From point where spit abuts upland to point where Semiahmoo Spit is
    450' wide (ordinary high water mark) on both sides of Semiahmoo Spit.
    (section 2 to 3 and 6 to 7 on map).
    - Spit in mouth of Dakota Creek.

    CONSERVANCY - From Western City Limits on Birch Point to pVoint where Semiahmoo
    Spit abuts uplands (section I to 2 on map).
    - From point where Semiahmoo Spit abuts uplands inside Drayton
    Harbor to Eastern City Limits on Birch Point (section 7 to 8 on map).
    - From West edge of Pike Street right-of-way to Intersection of Burling-
    ton Northern right-of-way (section 11 to 12 on map).

    RURAL - From West edge of Pike Street Right-of-Way to East City Limits including
    both sides of Dakota Creek between Burlington Northern right-of-way
    and 1-5 (section 12 to 13 on map).
    RURAL/URBAN -
    From point where Semiahmoo Spit is 450' wide north to a line running
    North Westerly to South Easterly along part of which line runs a
    section of road to a bathhouse, picnic area on both sides of
    semiahmoo Spit (section 3 to 4 and 5 to 6 on map). Rural is first
    100 feet back from ordinary high water mark. Urban is from 100 feet
    to 200 feet back from ordinary high water mark.
    - From intersection of Burlington Northern right-of-way to shore end
    of breakwater below Martin Street right-of-way. (section 10 to 11
    on map.) Dividing line between Rural and Urban is center of
    Burlington Northern mainline tracks. West of tracks is Rural; east
    of tracks is urban.

    URBAN - Tip of Semiahmoo Spit from a line running North Westerly to South
    Easterly along part of which line runs a section of road to a bathhouse,
    picnic area, to the North end of the Spit, (section 4 to 5 on map).
    - From North City Limits to shore end of breakwater below Martin Street
    right-of-way. (section 9 to 10 on map).
    AQUATIC -
    Those water areas of Blaine, together with lands underlying them,
    which extend seaward to the ordinary high water mark to the city
    limits. All tidelands are included in Aquatic Environment. Exception:
    water area and underlying land within port area breakwater is in Urban
    Environment.
    41

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