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og State of by Wshingont w 5 7 Property of CSC Library FINAL GUIDELINES SHORELINE MANAGEMENT ACT OF 1971 U.S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 June 20, 1972 KF 5627 .A2 W3 1971a IV-1 STATE OF WASHINGTON 'I CE (0 F'I 5OV[RNOR OLYMPIA DANIEL J. EVANS The State of Washington possesses shoreline areas whose uniqueness and diversity are unequalled in the Nation. We have inherited a treasure of untamed rivers, peaceful lakes, and bountiful marine areas. SuchI grandeur lured our forefathers here and continues to attract tourists in ever-increasing numbers. We have all had the opportunity to explore these natural areas - to swim and boat in the waters, observe the marine life, and fish in our cold, clear mountain streams. Experiences in other parts of the Country, however, and increasingly so here in Washington, show that we cannot continue to take our shorelineI resources for granted. our shorelines are a limited asset - we cannot increase them, but we can lose them if we fail to protect them through a sound, comprehensive management program.1 The Shr~ie.4,,'Ze'enrVc of 1971, which was passed by our Legislature and became effective on June 1, 1971, provides the means for developing the necessary planning and management program between local government and the state. Local governments have the primary responsibility forI initiating the planning program and administering the regulatory require- ments of the Act, with the Department of Ecology acting in a supportive and review capacity. Another important feature of the Shoreline Act is the emphasis it places on citizen involvement, for only through an active shoreline program in which the citizens are able to participate from the outset can the ob-I jectives of shoreline management be attained. The need for comprehensive shoreline management is clear - the tools for implementing a management program are available. I urge you to accept these guidelines and use them in moving toward a level of environmental quality in our shoreline areas which we can share with pride. Sincerely, Daniel J .E~t~ Governor IV- 2j June 2, 1972 Vv' i ''0 U ~Enclosed is a copy of the Final Guidelines for local government, prepared in accordance with the requirements of the Shoreline Management Act of 1971. As required by the Shoreline Act, these Guidelines will be formally adopted in a public hearing, to be held in the Olympia City Hall on June 20, 1972, at 9:30 A. M. I Following the time table set forth in the Act, the first set of proposed guidelines was distributed to local governments on September 28, 1971. Local governments then had a period of ninety days to review the guidelines and submit comments and suggestions to the Department of Ecology for consideration in the revision of the guidelines. Final proposed guidelines were then submitted to local governments and interested citizens and groups on January 26, 1972. An extensive series of public information I meetings were held to discuss the final proposed guidelines and to obtain additional input for their refinement. Two public hearings were held on the final proposed guidelines-one in Spokane on March 21, 1972, and one in Olympia on March 23, 1972. I The enclosed Final Guidelines are a result of comments received in those hearings and from the correspondence and comments of concerned individuals, citizen groups and industry. We feel confident that -these Final Guidelines are expressive of the concerns of the citizens of the State for the management of I their shorelines and of the intent of the Legislature in framing the Shoreline Act. The primary duty for implementing the plan- ning phase of the shoreline program, based on the direction set by these Guidelines, now rests with the cities and counties of * our State. Sincerely, 3 ~~~~~~~~Director JAB:gk IV-3 State of Washington DEPARTMENT OF ECOLOGY ADMINISTRATIVE ORDER NO. DE72-12 (1) I, John A. Biggs, Director, Department of Ecol- ogy of the State of Washington, by virtue of the authority vested in me, after due notice and in a meeting open to the public, held in the City of Olym- pia Commission Chambers, City Hall, 8th and Plum, Olympia, Washington, on June 20, 1972, do promul- gate and adopt the annexed rules and regulations, to wit. it: The adoption of guidelines for the development of master programs for regulation of the uses of shorelines of the state pursuant to the Shoreline Management Act of 1971, Chapter 286, Laws of 1971, First Extraordinary Session, Chapter 90.58 RCW, adopting a new chapter 173-16 WAC. as permanent rules of this agency. (2) This order after being first recorded in the order register of this agency, shall be forwarded to the Code Reviser for filing, pursuant to chapter 34.04 RCW and chapter 1-12 WAC. APPROVED AND ADOPTED June 20, 1972. By JOHN A. BIGGS Director IV-4 PURPOSE WAC 173-16-010 PURPOSE. This regulation is adopted pursuant to chapter 90.58 RCW, in order to: (1) Serve as standards for implementation of the pol- icy of chapter 90.58 RCW for regulations of uses of the shorelines; and (2) Provide criteria to local governments and the department of ecology in developing master pro- grams. WAC 173-16-020 APPLICABILITY. The provisions of this chapter shall apply state-wide to all shorelines and shorelines of state-wide significance as defined in RCW 90.58 and WAC 173-16-030. IV-5 TABLE OF CONTENTS Washington Administrative Page Code Number INTRODUCTION 1 THE MASTER PROGRAM 2 WAC 173-16-040 CITIZEN INVOLVEMENT 2 WAC 173-16-040(1) POLICY STATEMENTS 3 WAC 173-16-040(2) MASTER PROGRAM ELEMENTS 3 WAC 173-16-040(3) ENVIRONMENTS 4 WAC 173-16-040(4) Natural Environment 4 WAC 173-16-040(4)(i) Conservancy Environment 5 WAC 173-16-040(4)(ii) Rural Environment 5 WAC 173-16-040(4)(iii) Urban Environment 5 WAC 173-16-040(4)(iv) SHORELINES OF STATEWIDE SIGNIFICANCE 6 WAC 173-16-040(5) THE NATURAL SYSTEMS 6 WAC 173-16-050 MARINE BEACHES 6 WAC 173-16-050(1) SPITS & BARS 7 WAC 173-16-050(2) DUNES 7 WAC 173-16-050(3) ISLANDS 8 WAC 173-16-050(4) ESTUARIES 8 WAC 173-16-050(5) MARSHES, BOGS AND SWAMPS 8 WAC 173-16-050(6) LAKES 8 WAC 173-16-050(7) RIVERS, STREAMS AND CREEKS 8 WAC 173-16-05018) FLOOD PLAINS 9 WAC 173-16-050(9) PUGET SOUND 9 WAC 173-16-050)10) PACIFIC OCEAN 9 WAC 173-16-050(11) THE USE ACTIVITIES 10 WAC 173-16-060 AGRICULTURAL PRACTICES 10 WAC 173-16-060(1) AQUACULTURE 11 WAC 173-16-060(2) FOREST MANAGEMENT PRACTICES 11 WAC 173-16-060(3) COMMERCIAL DEVELOPMENT 11 WAC 173-16-060(4) MARINAS 12 WAC 173-16-060(5) MINING 12 WAC 173-16-060(6) OUTDOOR ADVERTISING, SIGNS AND BILLBOARDS 12 WAC 173-16-060(7) RESIDENTIAL DEVELOPMENT 13 WAC 173-16-060(8) UTILITIES 13 WAC 173-16-060(9) PORTS AND WATER-RELATED INDUSTRY 13 WAC 173-16-060(10) BULKHEADS 14 WAC 173-16-060(11) BREAKWATERS 14 WAC 173-16-060(12) JETTIES AND GROINS 14 WAC 173-16-060(13) LANDFILL 15 WAC 173-16-060(14) SOLID WASTE DISPOSAL 15 WAC 173-16-060(15) DREDGING 15 WAC 173-16-060(16) SHORELINE FLOOD PROTECTION 15 WAC 173-16-060(17) ROAD AND RAILROAD DESIGN AND CONSTRUCTION 16 WAC 173-16-060(18) PIERS 16 WAC 173-16-060(19) ARCHEOLOGICAL AREAS AND HISTORIC SITES 16 WAC 173-16-060(20) RECREATION 17 WAC 173-16-060(21) VARIANCES AND CONDITIONAL USES 17 WAC 173-16-070 GLOSSARY 18 WAC 173-16-030 APPENDIX 19 WAC 173-16-200 IV-6 I I I INTRODUCTION The Shoreline Management Act of 1971 is based eral terms so that they can be used by all local on the philosophy that the shorelines of the State are governments, regardless of size or geographical loca- among the most valuable, and fragile, of its natural tion. The critical point of the entire program is the resources and that there is great concern throughout manner in which local governments interpret and uti- the State relating to their utilization, protection, resto- lize these guidelines in the development of their mas- ration, and preservation. Therefore, coordinated plan- ter programs. ning is necessary in order to protect the public interest associated with the shorelines of the State, while at The information in this guideline package has the same time recognizing and protecting private been presented in three parts: The Master Program, property rights consistent with public interest. This which sets forth the procedures required for comple- planning is to be a rational and concerted effort, tion of the master programs; The Natural Systems, jointly performed by federal, state and local govern- which provides a brief look at each of the natural ment. It is further felt that the interest of all of the phenomena which is part of the total shoreline envi- people shall be paramount in the management of ronment; and, The Use Activities, which presents the shorelines of statewide significance, and that the pub- actual standards for the establishment of master pro- lic should have the opportunity to enjoy the physical grams and provides direction for shoreline develop- and aesthetic qualities of natural shorelines of the ment until master programs are completed. Each of State. the parts is preceded by an explanatory paragraph which relates that part to the others in the program. The express purpose of the Shoreline Management Act is to provide for management of Washington's These guidelines are the beginning of a program shorelines by planning for and fostering all reason- which will become more meaningful as our knowl- able and appropriate uses. This policy is directed at edge of our environment increases. Our knowledge is enhancement of shorelines rather than restriction of not yet sophisticated enough to precisely determine uses. the nature of the complex and interrelated chemical, biological, physical and aesthetic factors within our As required by the Shoreline Management Act of environment. 1971, these guidelines have been written to serve as standards for implementation of the policy of this The guidelines were written with a spirit of opti- legislation for regulation of uses of the shorelines, mism, with the hope that our legacy of natural gran- prior to adoption of master programs, while also pro- deur in, Washington will be used more wisely in the viding criteria to local governments and the Depart- brief period of time it is entrusted to us, so that The guidelines have been written in relatively gen- tend our concern into their future, I I I I IV-7 THE MASTER PROGRAM The act requires that prior to approval or adop;ion of a master program, or a portion thereof, by the (WAC 173-16-040) department, at least one public hearing shall be held. ' The master program is to be developed by local in each county affected by the program for the pur- government to provide an objective guide for regulot- pose of obtaining the views and comments of the ing the use of shorelines. The master program should public. clearly state local policies for the development of The act charges the state and local government shorelands and indicate how these policies relate to with not only the responsibility of making reasonable C the goals of the local citizens and.to specific regula- efforts to inform the people of the state about the tions of uses affecting the physical development of shoreline management program, but also actively en- land and water resources throughout the local govern- courages participation by all persons, private groups, ments' jurisdiction. and entities, which have an interest in shoreline man- The master program developed by each local gov- agement. ernment will reflect the unique shoreline conditions To meet these responsibilities, the local govern- and the development requirements which exist and ment agencies responsible for the development of the ,are projected in that area. As part of the process of master program should establish a method for obtain- master program development, local governments can ing and utilizing citizen involvement. The extent of identify problems and seek solutions which best sat- citizen involvement in the formulation of the master isfy their needs. program will be considered by the department in the * A master program, by its definitibn, is general, A master program, by its definition, is general, review of the program. A failure by the local govern- ment to encourage and utilize citizen involvement, or comprehensive and long-range in order to be applica- to justify not having done so, may be noted as a ble to the whole area for a reasonable length of time foilureto comply with the act. failure to comply with the act. under changing conditions. Genral means that the policies, proposals and Though the department recognizes various forms "Genera means that the policies, proposals nd of citizen involvement as viable approaches for in- guidelines are not directed towards any specific sites. volving the public in the master program, the local ''Comprehensive" means that the program is di- government will be encouraged to utilize the method rected towards all land and water uses, their impact as suggested in these guidelines. If a local government on the environment and logical estimates of future does not follow these guidelines, it should provide an growth. It also means that the program shall recog- explanation of the method used. The department will nize plans and programs of the other government be available to explain and help organize the sug- units, adjacent jurisdictions and private developers. gested approach to citizen involvement upon request. ' Long-range' means that the program is to be The suggested approach to citizen involvement to directed at least 20 to 30 years into the future, look be utilized by the local government agency responsi- beyond immediate issues, and follow creative objec- ble for the development of the master program in- tives rather than a simple projection of current trends cludes the following: and conditions. (a) Appoint a citizen advisory committee whose function will be to guide the formulation of the master Finally, chapter 90.58 RCW requires that the mas- program through a series of public evening meetings ter program shall constitute use regulations for the and at lest one public hearing he committee meetings various shorelines of the state. Specific guidelines are and at least one public hearing. The committee mem- bers should represent both commercial interests as outlined in RCW 90.58.100(1) for preparing the master well as environmentalists. However, the advisory com- programs to accomplish this purpose. It is the inten mittee itself is not to be a substitute for general citizen tion of these guidelines, especially those related to involvement and input. The aim of the committee will U citizen involvement, and the inventory to aid in carry- be to utilize citizen input in: ing out this section of the act. ii) Studying existing public policies related to To facilitate an effective implementation of chapter shorelines. 90.58 RCW throughout the state, the procedures on (ii) Defining the needs to satisfy local demands for the following pages shall be observed while develop- shorelines. ing master programs for the shorelines. Exceptions to (iii) Studying the type and condition of local some of the specific provisions of these guidelines shorelines relative to needs. may occur where unique circumstances justify such . departure. Any departure from these guidelines must, liv) Developing goals and policies for the master however, be compatible with the intent of the Shore- program with the local government fulfilling the line Management Act as enunciated in RCW specifications of the master program, including des- 90.58.020. Further, in all cases, local governments ignation of the environments. must meet the master program requirements specified (v) Identifying use conflicts. in the Shoreline Management Act of 1971. (vil Proposing alternatives for the use of shore- lines. Ivii) Examining the effects of the master program Citizen Involvement (WAC 173-16-040(1)) on the environment. While public involvement and notification is re- (bl The citizen advisory committee should hold at quired of the master program at the time of adoption least three public meetings during development of the by the act, the general public must be involved in the master program and designation of the environments initial planning stage during formulation of the during formulation of the as according subtothefoln belowingguidelines ter plan. Ii) Public notice (as stated in subsection 1 below) IV-8 I � must be provided seven days prior to the evening (i) Public notice shall include: meeting. (i) Reference to the authority under which the rule (ii) All meetings must be open to the public for is proposed. free discussion. (iiJ A statement of either the terms or substance of (iii) Meetings should be held in the evening at a the proposed rule or a description of the subjects location accessible to the general public. and issues involved. (iv) Record of all meetings should be filed with (iii) The time, place and manner in which inter- the local government and made available to the ested persons may present their views thereon (as public. stated in RCW 30.04.025). (v) Local government should provide resource per- sons to assist in the preparation, organization Policy Statements (WAC 173-16-040(2)) and diffusion of information. Each local government shall submit policy state- (vi) The final evening meeting should be held at ments, developed through the citizen involvement least seven days prior to the public hearing. process, regarding shoreline development as part of Ic) A newsletter should be published by the advi- its master program. Because goal statements are often sory committee in cooperation with the local govern- too general to be useful to very specific decision prob- ment. lems, the policy statements are to provide a bridge for formulating and relating use regulations to the goals (i) The information sheet should be available to also developed through the citizen involvement proc- the public at posted locations. ess. In summary, the policy statements must reflect the (iill It should be available after the first evening intent of the act, the goals of the local citizens, and public meeting and prior to the second. specifically reJate the shoreline management goals to (iii) The date, time, and location of future meet- the master program use regulations. ings and hearings should be stated. ings and hearings should be stated Clearly stated policies are essential to the viability (iv) A phone number should be provided to obtain of the master programs. The policy statements will not further information. only support the environmental designations ex- (v) Public notice should be made of the availabil- plained below, but, also being more specific than goal ity of the newsletter as stated in subsection (d) statements, will provide an indication of needed envi- (d) Publicity of the master program should utilize: ronmental designations and use regulations. (i) Public notice postings as per subsection (i) The following methodology for developing policy below. statements is recommended: (ii) Newsletter. (a) Obtain a broad citizen input in developing (iii) Radio, T.V, and local news media. policy by involving interested citizens and all private (iv) A local paper of general circulation. and public entities having interest or responsibilities relating to shorelines. Form a citizen advisory commit- lve Announcements to community grouldps. b eheldbytee and conduct public meetings as outlined in WAC le) At least one public hearing should be held by 173-16-040(1) to encourage citizens to become in- the local government after the three public meetings valved in developing a master program. have been held to discuss the proposed master plan. (b) Analyze existing policies to identify those pol- (i) Public notice (as stated in subsection (i) below) icies that may be incorporated into the master pro- must be made a minimum of once in each of three gram and those which conflict with the intent of the weeks immediately preceding the hearing in one act. Further, identify constraints to local planning and or more newspapers of general circulation in the policy implementation which are a result of previous area in which the hearing is to be held. government actions, existing land-use patterns, ac- (ii) The master program should be available for tions of adjacent jurisdictions or other factors not sub- public inspection at the local government office and ject to local control or influence. available upon request at least seven days prior to (c) Formulate goals for the use of shoreline areas the public hearing. and develop policies to guide shoreland activities to if) Prior to adoption of the master program, all achieve these goals. reasonable attempts should have been made to ob- tain a general concurrence of the public and the advi- The policies should be consistent with RCW sory committee. The method of obtaining or measur- 90.58.020 and provide guidance and support to local ing concurrence must be established by the local gov- government actions regarding shoreline management. ernment and must provide a clear indication of how Additionally, the policies should express the desires of citizen input is utilized. local citizens and be based on principles of resource (g) If the level of concurrence on the master pro- management which reflect the state-wide public inter- (g) If the levein all shorelines of state-wide significance. gram-is not considered adequate by the advisory coam- mittee at the conclusion of the public hearing, the local government should hold subsequent public meet- Master Program Elements (WAC 173-16-040(3)) ings and public hearings until such time as adequate Consistent with the general nature of master pro- concurrence as per subsection (f) above is reached. grams, the following land and water use elements are (h) Attached to the master program upon its sub- to be dealt with, when appropriate, in the local mas- mission to the department of ecology shall be a rec- ter programs. By dealing with shoreline uses, system- ord of public meetings and citizen involvement. A atically as belonging to these generic classes of activi- surement on concurrence should be included. can be clearly applied to different shoreline uses. In i IV-9 the albsence of this kind of specificity in the master and urban) which provide the framework for imple- programs, the application of policy and use regula- menting shoreline policies and regulatory measures. lions could he inconsistent and arbitrary. This system is designed to encourage uses in each The plan elements are: environment which enhance the character of that envi- aoj Economic development element for the location ronment. At the same time, local government may and design of industries, transportation facilities, port place reasonoble standards and restrictions on devel- facilities, tourist facilities, commercial and other devel- opment so that sJch development does not disrupt or opments that are particularly dependent on shoreland destroy the character of the environment. locations. The basic intent of this system is to utilize per- h!b Public access elements for assessing the need formance standards which regulate use activities in for providing public access to shoreline areas. accordance with goals and objectives defined locally Ic) Circulation element for assessing the location rather than to exclude any use from any one environ- and extent of existing and proposed major thorough- ment. Thus, the particular uses or type of develop- fares, transportation routes, terminals and other public ments placed in each environment must be designed facilities and correlating those facilities with the shore- and located so that there are no effects detrimental to line use elements. achieving the objectives of the environment designa- tions and local development criteria. (d) Recreational element for the preservation and expansion of recreational opportunities through pro- This approach provides an "umbrella" environ- grams of acquisition, development and various means ment class over local planning and zoning on the of less-than-fee acquisition. shorelines. Since every area is endowed with different (e) Shoreline use element for considering: resources, has different intensity of development and iO The. pattern of distribution and location require- attaches different social values to these physical and ments of land uses on shorelines and adjocent economic characteristics, the environment designations areas, including, but not limited to, housing, com- merce, industry, transportation, public buildings ning and land-use regulations. and utilities, agriculture, education and natural re- The basic concept for using the system is for local sources. governments to designate their shorelines into envi- (ii) The pattern of distribution and location re- ranment categories that reflect the natural character of quirements of water uses including, but not limited the shoreline areas and the goals for use of character- to, aquoculture, recreation and transportation. istically different shorelines. The determination as to if) Conservation element for the preservation of which designation should be given any specific area the natural shoreline resources, considering such char- should be made in the following manner: octeristics as scenic vistas, parkways, estuarine areas ii) The resources of the shoreline areas should be for fish and wildlife protection, beaches and other analyzed for their opportunities and limitations for valuable natural or aesthetic features. different uses. Completion of the comprehensive in- (g) Historical/cultural eelment for protection and ventory of resources is a requisite to identifying restoration of buildings, sites and areas having his- resource attributes which determine these opportu. toric, cultural, educational or scientific values. (h In addition to the above-described elements (ii) Each of the plan elements should be analyzed hlIa In addition to the encourag ed toincludein their for their effect on the various resources throughout local governments are encouraged to include in their shoreline areas. Since shorelines are only a part of master programs, an element concerned with the res- the system of res. ince shoreines are only a part of toration of areas to a natural useful condition which the system of resources within local jurisdiction, it are blighted by abandoned and dilapidated struc- ines prticulrly important that planning for shore- rures. Local governments are also encouraged to in- plannines be considered ans, policies and regulationsde clude in their master programs any other elements, lands adjacent Further, plans, polies and regulat for lands adjacent 4o the shorelines of the state vwhich, because of present uses or future needs, are deemed appropriate and necessary to effectuate the .58.340. Shoreline Management Act. (iii) Public desires should be considered through the citizen involvement process to determine which Environments (WAC 173-16-040(4)) environment designations reflect local values and In order to plan and effectively manage shoreline aspirations for the development of different shore- resources, a system of categorizing shoreline areas is line areas. required for use by local governments in the prepara- The management objectives and features which tion of master programs. The system is designed to characterize each of the environments are given below orovide a uniform basis for applying policies and use to provide a basis for environment designation within regulations within distinctively different shoreline local jurisdictions. areas. To accomplish this, the environmental designa- tion to be given any specific area is to be based on the existing development pattern, the biophysical capa- Natural Environment (WAC 173-16-040(4)(b)(i)) The bilities and limitations of the shoreline being consid- natural environment is intended to preserve and re- ered for development and the goals and aspirations store those natural resource systems existing relatively of local citizenry. free of human influence. Local policies to achieve this objective should aim to regulate all potential develop- The recommended system classifies shorelines into ments degrading or changing the natural characteris- four distinct environments (natural, conservancy, rural tics which make these areas unique and valuable. IV- 10 * iln liilrl I.lnhl.,iS of regulation in these areas spaces and opportunities for recreational uses compat- should be on natural systems and resources which ible with agricultural activities. require' severe restrictions of intensities and types of The rural environment is intended for those areas uses to maintain them in a natural state. Therefore, activities which may degrade the actual or potential characterized by intensive agricultural and recrea- vllue of this rinvironment sholrld be strictly regulated. tional uses and those areas having a high capability Any (Ifrtivily whidch would bring about a change in the to support active agricultural practices and intensive existing situation would be desirable only if such a recreational development. Hence, those areas that are change would contribute to the preservation of the already used for agricultural purposes, or which have existing character. agricultural potential should be maintained for pres- ent and future agricultural needs. Designation of rural The primary determinant for designating an area environments should also seek to alleviate pressures of as a natural environment is the actual presence of urban expansion on prime farming areas. some unique natural or cultural features considered valuable in their natural or original condition which New developments in a rural environment are to are relatively intolerant of intensive human use. Such reflect the character of the surrounding area by lim t- features should be defined, identified and quantified ing residential density, providing permanent open in the shoreline inventory. The relative value of the space and by maintaining adequate building setbacks resources is to be based on local citizen opinion and from water to prevent shoreline resources from being the needs and desires of other people in the rest of destroyed for other rural types of uses. the state. Public recreation facilities for public use which can be located and designed to minimize conflicts with Conservancy Environment (WAC 173-16-040(4)(b)(ii)) agricultural activities are recommended for the rural The objective in designating a conservancy environ- environment. Linear water access which will prevent ural resources and valuable historic and cultural areas nonmotorized traffic along scenic corridors and provi- in order to ensure a continuous flow of recreational sions for recreational viewing of water areas illustrate benefits to the public and to .achieve sustained re- some of the ways to ensure maximum enjoyment of source utilization. recreational opportunities along shorelines without conflicting with agricultural uses. In a similar fashion, The conservancy environment is for those areas agricultural activities should be conducted in a maon- which are intended to maintain their existing charac- ner which will enhance the opportunities for shoreline ter. The preferred uses are those which are noncon- recreation. Frm management practices which prevent sumptive of the physical and biological resources of erosion and subsequent siltation of water bodies and the area. Nonconsumptive uses are those uses which minimize the flow of waste material into water can utilize resources on a sustained yield basis while courses are to be encouraged by the master program minimally reducing opportunities for other future uses for rural environments. of the resources in the area. Activities and uses of a nonpermanent nature which do not substantially de- Urban Environment (WAC 173-16-040(4)(b)(iv)) The ob- grade the existing character of an area are appropri- jective of the urban environment is to ensure optimum ate uses for a conservancy environment. Examples of utilization of shorelines within urbanized areas by uses that might be predominant in a conservancy providing for intensive public use and by managing environment include diffuse outdoor recreation activi- development so that it enhances and maintains shore- ties, timber harvesting on a sustained yield basis, lines for a multiplicity of urban uses. passive agricultural uses such as pasture and range lands, and other related uses and activities. The urban environment is an area of high-intensity land-use including residential, commercial, and in- The designation of conservancy environments dustrial development. The environment does not nec- should seek to satisfy the needs of the community as essarily include all shorelines within an incorporated to the present and future location of recreational areas city, but is particularly suitable to those areas pres- proximate to concentrations of population, either ex- ently subjected to extremely intensive use pressure, as isting or projected. For example, a conservancy envi- well as areas planned to accommodate urban expan- ronment designation can be used to complement city, sion. Shorelines planned for future urban expansion county or state plans to legally acquire public access should present few biophysical limitations for urban to the water. activities and not have a high priority for designation The conservancy environment would also be the most suitable designation for those areas which pre- Because shorelines suitable for urban uses are a sent too severe biophysical limitations to be desig- limited resource, emphasis should be given to devel- noted as rural or urban environments. Such limitations opment within already developed areas and particu- would include areas of steep slopes presenting ero- larly to water-dependent industrial and commercial sion and slide hazards, areas prone to flooding, and uses requiring frontage on navigable waters. areas which cannot provide adequate water supply or sewage disposal. In the master program, priority is also to be given to planning for public visual and physical access to water in the urban environment. Identifying needs Rural Environment (WAC 173-16-040(4)(b)(iii)) The and planning for the acquisition of urban land for rural environment is intended to protect agricultural permanent public access to the water in the urban land from urban expansion, restrict intensive develop- environment should be accomplished in the master ment along undeveloped shorelines, function as a program. To enhance waterfront and ensure maximum buffer between urban areas, and maintain open public use, industrial and commercial facilities should IV-11 I be designed to permit pedestrian waterfront activities. term and potentially costly impairments to fhe Where prccticotble, various access points ought to be natural environment linked to nonmotcrized transportation routes, such as (iii) Actively promote aesthetic considerations wheri . * bicycle and hiking paths. contemplating new development, redevelopment Shorelines of State-wide of existing facilities or for the general enhancement Significance [WAC 173-16-040(511 of shoreline areas. The act designated certain shorelines as shorelines (dl Protect the resources and ecology of shorelines. of state-wide significance. Shorelines thus designated Development guidelines: are important to the entire state. Because these shore- (i) Leave undeveloped those areas which contain lines are maior resources from which all people in the a unique or fragile natural resource. state derive benefit, the guidelines and master pro- lii) Prevent erosion and sedimentation that would grams must give preference to uses which favor public alter the natural function of the water system. In and long-range goals. areas where erosion and sediment control practices Accordingly, the act established that local master will not be effective, excavations or other activities programs shall give preference to uses which-meet the which increase erosion are to be severely limited. principles outlined below in order of preference. (iii) Restrict or prohibit public access onto areas Guidelines for ensuring that these principles are incor- which cannot be maintained in a natural condition porated into the master programs and adhered to in under human uses. implementing the act follow each principle. (e) Increase public access to publicly owned areas la) Recognize and protect the state-wide interest of the shorelines. Development guidelines: over local interest. Development guidelines: (i) In master programs, give priority to developing (i) Solicit comments and opinions from groups and paths and trails to shoreline areas, linear access individuals representing state-wide interests by along the shorelines, and to developing upland circulating proposed master programs for review parking. and comment by state agencies, adjacent juris- (iil Locate development inland from the ordinary dictions' citizen advisory committees, and state- highwater mark so that access is enhanced. wide interest groups. (See appendix, Reference (f) Increase recreational opportunities for the pub- No. 32.) lic on the shorelines. Development guidelines: lii) Recognize and take into account state agencies' (i) Plan for and encourage development of facilities policies, programs and recommendations in devel- for recreational use of the shorelines. oping use regulations. Reference to many of these (ii) Reserve areas for lodging and related facilities agencies' policies are provided in the appendix. on uplands well away from the shorelines with This information can also be obtained by contacting provisions for nonmotorized access to the shore- agencies listed in the Shoreline Inventory Supple- lines. ment Number One. liii) Solicit comments, opinions and advice from individuals with expertise in ecology, oceanog- raphy, geology, limnology, aquaculture and other THE NATURAL SYSTEMS scientific fields pertinent to shoreline management. (WAC 173-16-050) Names of organizations and individuals which can provide expert advice can be obtained from the This section contains brief and general descriptions department's resource specialist listing. of the natural geographic systems around which the (b) Preserve the natural character of the shoreline. shoreline management program is designed. The intent Development guidelines: of this section is to define those natural systems to (i) Designate environments and use regulations to which the Shoreline Management Act applies, to high- minimize man-made intrusions on shorelines. light some of the features of those systems which are [ii) Where intensive development already occurs, susceptible to damage from human activity, and to upgrade and redevelop those areas to reduce their provide a basis for the guidelines pertaining to hu- adverse impact on the environment and to accom- man-use activities contained in WAC 173-16-060. modate future growth rather than allowing high It is intended that this section will provide criteria intensity uses to extend into low intensity use or to local governments in the development of their underdeveloped areas, master programs, as required in RCW 90.58.0301a). liii) Ensure that where commercial timber-cutting is allowed as provided in RCW 90.58.150, refor- (1) Marine Beaches--- Beaches are relatively level land estation will be possible and accomplished as areas which are contiguous with the sea and are soon as practicable. directly affected by the sea even to the point of origin- (c) Result in long-term over short-term benefit. De- ation. The most common types of beaches in Washing- C velopment guidelines: ton marine waters are: (i} Prepare master programs on the basis of pre- Sandy beaches: Waves, wind, tide and geological serving the shorelines for future generations. For material are the principal factors involved in the forma- example, actions that would convert resources into tion of beaches. The beach material can usually be irreversible uses or detrimentally alter natural con- traced to one of four possible sources: The cliffs behind ditions characteristic of shorelines of state-wide the beach from the land via rivers; offshore wind significance, should be severely limited. and finally from longshore drifting of material. Long- (iil Evaluate the short-term economic gain or con- shore-drifting material must have been derived ini- venience of developments in relationship to long- tially from the first three sources. Most beach material IV-12 I in Puget Sound is eroded from the adjacent bluffs is characterized by less stressful tidal influences but is .cornposed of glacial till. subject to the forces of waves and currents which affect the distribution and kinds of organisms in this The effect of wave action on the movement and rlepo',ition of berjch material varies depending upon the size of the material. Hence, in most cases, beaches Muddy shores: Muddy shores occur where the composed of different sized material are usually char- energy of coastal currents and wave action is mini- acterized by different slopes and profiles. The entire mal, allowing fine particles of silt to settle to the bot- process of beach formation is a dynamic process re- tom. The result is an accumulation of mud on the suiting from the effect of wave action on material shores of protected bays and mouths of coastal transport and deposition. Initially, wave action will streams and rivers. Most muddy beaches occur in es- establish currents which transport and deposit material tuarine areas. However, some muddy shore areas may in various patterns However, once a particular beach be found in coastal inlets and embaymints where form and profile is established it begins to modify the salinity is about the same as the adjacent sea. effects of waves thus altering the initial patterns of material transport and deposition. Hence, in building Few plants have adapted to living on muddy beach structures such as groins, bulkheads or jetties, it shores. Their growth is restricted by turbidity which is particularly important to recognize that subsequent reduces light penetration into the water and thereby changes in wave and current patterns will result in a inhibits photosynthesis. In addition, the lack of solid series of changes in beach formation over time. [See structures to which algae may attach itself and silta- WAC 173-16-060(6), (11, (112) and (1311. tion which smothers plants effectively prevents much plant colonization of muddy shores. While the lack of In the process of beach formation, sand particles oxygen in mud makes life for fauna in muddy shores are transported up the beach by breaking waves that difficult, the abundance of food as organic detritus wash onto the beach in a diagonal direction and provides nutrition for a large number of detritus feed- retreat in a vertical direction. At the same time, long- ers. shore currents are created in the submerged intertidal area by the force of diagonally approaching waves. (2) Spits and Bars-Spits and bars are natural forma- Beach material suspended by the force of the break- tions composed of sand and gravel and shaped by ing waves is transported in one direction or another wind and water currents and littoral drifting. Generally by the longshore current. Longshore drifting of mate- a spit is formed from a headland beach (tall cliff with rial often results in the net transportation of beach a curved beach at the foot) and extends out into the material in one direction causing the loss of material water (hooks are simply hookshaped spits). While in some areas and gains in others. spits usually have one end free in open water, bars generally are attached to land at both ends. These The profile of a beach at any time will be deter- natural forms enclose an area which is protected from mined by the wave conditions during the preceding wave action, allowing life forms such as shellfish, to period. Severe storms will erode or scour much material reproduce and live protected from the violence of the away from the beaches due to the force of retreating open coast. [See WAC 173-16-060(16)1. waves. During calm weather, however, the waves will constructively move material back onto the beach. This (3) Dunes-Dunes are mounds or hills of sand which destructive and constructive action, called cut and fill, have been heaped up by wind action. Typically, is evidenced by the presence of beach ridges or dunes exhibit four distinct features: berms. New ridges are built up in front of those that survive storm conditions as sand is supplied to the rd of t he wa ter, having little or no vegetation, beach in succeeding phases of calmer weather. In wnich are atolerant of unnatural distorbonces. time, the more stable landward ridges are colonizeduu u by successional stages of vegetation. The vegetation Secondary dunes: The second system of dunes stabilizes the ridges, protects them from erosion and shoreward from the water, with some vegetative promotes the development of soil. cover. l IRocky beaches: Rocky beaches, composed of cob- Back dunes: The system of dunes behind the sec- bles, boulders and/or exposed bedrock are usually ondary dunes, generally having vegetation and some steeper and more stable than sandy shores. Coarse top soil, and being more tolerant of development than material is very permeable which allows attacking the primary and secondary systems. * waves to sink into the beach causing the backwash to be reduced correspondingly. On sandy shores a strong Troughs: The valleys between the dune systems. backwash distributes sand more evenly, thus creating Dunes are a natural levee and a final protection a flatter slope. line against the sea. The destructive leveling of, or On rocky shores a zonal pattern in the distribution interference with the primary dune system (such as I of plants and animals is more evident than on muddy cutting through the dunes for access) can endanger or sandy shores. The upper beach zone is frequently upland areas by subjecting them to flooding from very dry, limiting inhabitants to species which can heavy wave action during severe storms and destroy tolerate a dry environment. The intertidal zone is a a distinct and disappearing natural feature. Removal .3 narrow area between mean low tide and mean high of sand from the beach and shore in dune areas tide that experiences uninterrupted covering and un- starves dunes of their natural supply of sand and may covering by tidal action. One of the major characteris- cause their destruction from lack of sand. [See WAC tics of this zone is the occurrence of tidal pools which 173-16-060(1611. Appropriate vegation can and should harbor separate communities which can be considered be encouraged throughout the entire system for stabil- subzones within the intertidal zone. The subtidal zone ization. [See WAC 173-16-060(21)]. 3 IV-13 I iAV Islands--An island, broadly defined, is a land is high because of the costs involved in making these emusrs s.7rounded by water. Islands are particularly areas suitable for use. Unlimited public access into r-pcCto tam the state of \Vashington since two entire them. hoIee, m,\ u.'Ac dailmae Ie hrN t lcnll, * count es are made up of islands and parts of several plant and aninal life iesiding there. other counties are islands. A fairly small island, such cis those in our Puget Sound and north coast area, is (7) Lakes-A lake can be defined broadly as a body as tho or Puget Sound and north coast area, is of standing water located inland. Lakes originate in an intriguing ecosystem, in that no problem or area of several ways. Many lakes are cre ated each year by study cam be isolated. Every living and nonliving thing isn be sointegral prt of the functioning system. man, either by digging a lake basin or by damming a thi ng is an i ntegral part of the functioning system natural valley Natural lakes can be formed in several Each island, along with the mystique afforded it by man, is a world of its own, with a biological chain, ways by glaciters gougin s and melting and fragile and delicately balanced. Obviously it does not depositing materals in such a way as to form natural take as much to upset this balance as it would the dams; by andsldes which close off open ends of valleys; extinct craters which fill with water; changes mainland system. Because of this, projects should be in the earths crust, a s cn happen dring earth- planned with a more critical eye toward preserving quakes, forming basins which fill with water; or by the very qualities which make island environments changes in a river or stream course which isolate parts viable systems as well as aesthetically captivating to of the old course forming lakes, called oxbow lakes. humans. A lake,' like its inhabitants, has a life span. This 151 Estuaries-An estuary is that portion of a coastal lifetime may be thousands of years for a large lake or stream influenced by the tide of the marine waters just a few years for a pond. This process of a lake into which it flows and within which the sea water is aging is known generally as eutrophication. It is a measurably diluted with freshwater derived from land natural process which is usually accelerated by man's drainage. activities. Human sewage, industrial waste, and the Estuaries are zones of ecological transition be- drainage from agricultural lands increases the nu- tween fresh and saltwater. The coastal brackish water trients in a lake which in turn increases the growth of arecas are rich in aquatic life, some species of which algae and other plants. As plants die, the chemical are important food organisms for anadromous fish process of decomposition depletes the water's supply species which use these areas for feeding, rearing and of oxygen necessary for fish and other animal life. n-igration. An estuarine area left untouched by man is These life forms then disappear from the lake, and the racre since historically they have been the sites for lake becomes a marsh or swamp. major cities and port developments. Because of their Shallow lakes are extremely susceptible to in- importance in the food production chain and their creases in the rate of eutrophication resulting from naturcal beauty, the limited estuarial areas require discharges of waste and nutrient-laden-runoff waters. coireflI acttention in the planning function. Close scru- Temperature stratification does not normally occur in tiny should be given to all plans for development in shallow lakes. Efficient bottom-to-surface circulation of estuaries which reduce the area of the estuary and water in these shallow lakes moves nutrients to the interfere with water flow. [See WAC 173-16-060(14)1. surface photosynthetic zone encouraging increased Special attention should be given to plans for up- biotic productivity. Large quantities of organic matter stream projects which could deplete the freshwater are produced under these corditions. Upon decompo- supply of the estuary. sition, heavy demands are made on the dissolved (6) Marshes, Bogs and Swamps-Marshes, bogs and oxygen content of shallow lakes. Eventually, the oxy- swamps are areas which have a water table very gen level drops and some fish and other life forms close to the surface of the ground. They are areas die. which were formerly shallow water areas that grad- The entire ecosystem of a lake can be altered by C ua!ly filled through nature's processes of sedimenta- man. By removing the surrounding forest for lumber tion (often accelerated by man's activities) and the or to provide a building site or farm land, erosion into decay of shallow water vegetation. the lake is accelerated. Fertilizers, whether agricultural Although considered abysmal wastelands by or those used by homeowners, can enter the lake many, these wet areas are extremely important to the either from runoff or leaching along with other chemi- food chain. Many species of both animal and plant cals that interfere with the intricate balance of living life depenl on this wet environment for existence. organisms. The construction of bulkheads to control Birds wrncl waterfowl choose these locations for nesting erosion and filling behind them to enlarge individual places. Wet areas are important as ground water properties can rob small fish and amphibians of their recharge areas and have tremendous flood control habitats. The indiscriminate construction of piers, value. docks and boathouses, can deprive all of the water- front owners and the general public of a serene nat- The high-water table and poor foundation support ural view and reduce the lake's surface. [See WAC I provided by the organic soils in these areas usually 173-16-0601(5, 181, (111, (12), (13)]. prevent development on them. The extraction of peat from bogs is possible when it is accomplished in such (8) Rivers, Streams and Creeks-Generally, rivers, a manner that the surrounding vegetation and wildlife streams and creeks can be defined as surface-water I is left undisturbed and the access roads and shore- runoff flowing in a natural or modified channel. Runoff I nes are returned to a natural state upon completion results either from excessive precipitation which can- of the operation. not infiltrate the soil, or from ground water where the water table intersects the surface of the ground. The potential of marshes, bogs and swamps to Drawn by gravity to progressively lower levels and provide permanent open space in urbanizing regions eventually to the sea, the surface runoff organizes into IV-14 � a system of channels which drain a particular geo- connected inlets, boys and channels with tidal sea graphic area. water entering from the west and freshwater streorams � ' .entering at many points throughout the system. Most The drainage system serves as a transportation of what is known as Puget Sound was formed by network for nature's leveling process, selectively erod- glacial action that terminated near Tenino in Thurston ing materials from the higher altitudes and transport- County. The entire system, of which Puget Sound is ing the materials to lower elevations where they are actually a small portion, also includes the Strait of deposited. A portion of these materials eventually Georgia and the Strait of Juan de Fuca. The large reaches the sea where they may form beaches, dunes complex may be divided into nine oceanographic or spits. areas which are interrelated: Strait of Juan de Fuco, Typically, a river exhibits several distinct stages as Admiralty Inlet, Puget Sound Basin, Southern Puget it flows from the headwaters to the mouth. In the Sound, Hood Canal, Possession Sound, Beilinghom upper reaches where the gradient is steepest, the hy- Bay, San Juan Archipelago, and Georgia Strait Ifrom draulic action of the flowing water results in a net Puget Sound and Adjacent Waters, Appendix XV, Plan erosion of the stream bed and a V-shaped cross sec- Formulation). tion, with the stream occupying all or most of the The economic development of the central Puget valley floor. Sound Basin has been stimulated by the fact that the Proceeding downstreuan, the gradient decreases sound is one of the few areas in the world which and the valley walls become gentler in slope. A point provides several deepwater inland harbors. The use of is eventually reached where erosion and deposition Puget Sound waters by deep-draft vessels is on the equalize and the action of the stream changes f'm increase due t. its proximity to the develoring Asion vertical cutting to later': meandering. As the lateral counties. Th;s increased trade v ill attract !!ore indus- movement continues, a flood plain is formed, over try and more people which will put more use pressure which tne river meanders and upon which materials on the Sound in the forms of recreation (sport fishing, are deposited during floods. Finally, when the river boating and other water-related sports) and the re- enters a body of standing water, the remaining sedi- quirements for increased food supply. ment load is deposited. Puget Sound waters are rich in nutrients and sup-. Extensive human use is made of rivers, including port a wide variety of marine fish and shellfish spe- transportation, recreation, waste and sewage dump- cies. An estimated 2,820 miles of stream are utilized ing and for drinking water. Rivers are dammed for the by anadromous fish for spawning and rearing production of electric power, diked for flood control throughout the area. Some of these fish are chinook, and withdrawn for the irrigation of crops. Many of coho, sockeye, pink and chum salmon, steelhead, sea- these activities directly affect the natural hydraulic run cutthroat and Dolly Varden trout. All these fish functioning of the streams and rivers as well as the spend a portion of their lives in the saltwaters of biology of the water courses. [See WAC 173-16-060 Puget Sound and the Pacific Ocean before returning to (17)]. streams of origin to spawn. The juveniles of these fish spend varying amounts of time in the shore waters of (9) Flood Plains-A flood plain is a shoreland area the area before moving to sea to grow to maturity. which has been or is subject to flooding. It is a Aquaculture or sea farming is now in the process of natural corridor for water which has accumulated becoming reality in the Puget Sound complex. The from snow melt or from heavy rainfall in a short mass production of seaweed, clams, geoducks, scal- period. Flood plains are usually flat areas with rich lops, shrimp, oysters, small salmon, lobsters and other soil because they have been formed by deposits from possibilities looms as an important new industry. flood waters. As such they are attractive places for Shoreline' management is particularly crucial to the man to build and farm until the next flood passes success of sea farming. Aquaculture on any scale can across the plain. In certain areas, these plains can be be compatible and coexist with maritime shipping "flood proofed" by diking or building levees along and shoreland industrial activities only by careful the adjacent river or stream, but always with provi- planning and regulation. sions for tremendous amounts of water that will sooner or later be generated by weather conditions. The shoreline resources of Puget Sound include Steamway modifications can be placed in such a way few beach areas which are not covered at high tide. to cause chonnelization. Channelization tends to de- Bluffs ranging from 10 to 500 feet in height rim stray the vital and fragile flood plain shoreline habi- nearly the entire extent of the Sound making access to tats and increase the velocity of waters in times of beach and intertidal areas difficult. Because of the extreme flow. [See WAC 173-16-060(17)]. This may glacial-till composition of these bluffs, they are sus- cause considerable damage downstream even in ceptible to fluvial and marine erosion and present areas already given some flood protection. In unpro- constant slide hazards. Although Puget Sound is pro- tected flood plains, land-use regulations must be ap- tected from the direct influence of Pacific Ocean plied to provide an adequate open corridor within weather, storm conditions can create very turbulent which the effects of bank erosion, channel shifts and and sometimes destructive wave action. Without rec- increased runoff may be contained. Obviously, struc- ognizing the tremendous energy contained in storm tures which must be built on a flood plain should be waves, development of shoreline resources can be of a design to allow the passage of water and, wher- hazardous and deleterious to the resource characteris- ever possible, permanent vegetation should be pre- tics which make Puget Sound beaches attractive. [WAC served to prevent erosion, retard runoff, and contrib- 173-16-060(11), (12), (13)]. ute to the natural beauty of i :e flood plain. (11) Pacific Ocean--From Cape Flattery on the north I (10) Puget Sound-Puget Sound is a complex of inter- to Cape Disappointment on the south, there are ap- 1~~~~~~~~~~~~~~~~~~~.w proximately 160 miles of beaches, rocky headlands, or types of natural systems Ias described in WAC inlets and estuaries on Washington's Pacific Coast. The 173-16-0501 within which a use is proposed and shoreline south of Cape Flattery to the Quinault River should impose regulations on those developments and ic generally characterized as being rugged and rocky, uses which would tend to affect adversely the natural with high bluffs The remaining shoreline south of the characteristics needed to preserve the integrity of the Quinault River is predominantly flat sandy beaches system. Examples would include but would not be with low banks and dunes. limited to proposed uses that would threaten the char- acter of fragile dune areas, reduce water tables in During the winter, Pacific currents set toward the marshes, impede water flow in estuaries, or threaten north, while during summer months they set to the the stability of spits and bars. south. Associated with the summer currents is a gen- eral offshore movement of surface water, resulting in These guidelines have been prepared in recogni- upwelling of water from lower depths. This upwelled tion of the flexibility needed to carry out effective local water is cold, high in salinity, low in oxygen content planning of shorelines. Therefore, the interpretation and rich in nutrients. It is this latter characteristic and application of the guidelines may vary relative to which causes upwelled water to be extremely signifi- different local conditions. Exceptions to specific provi- cant in biological terms, since it often triggers sions of these guidelines may occur where local cir- ''blooms' of marine plant life. cumstances justify such departure. Any departure from these guidelines must, however, be compatible with Directions of wave action and littoral drift of sedi- the intent of the act as enunciated in RCW 90.58.020. ments shift seasonally with Pacific Ocean storms. Al- though very little data are available on the net direc- It should be noted that there are several guide- tion of littoral transport, the University of Washington lines for certain activities which are not explicitly de- has offshore data which indicate a northerly offshore fined in the shoreline act as developments for which flow. RCW 43.51.650 declares: substantial development permits are not required (for example, the suggestion that a buffer of permanent ''The beaches bounding the Pacific Ocean from the vegetation be maintained along water bodies in agri- Straits of Juan de Fuca to Cape Disappointment at culture areas). While such activities generally cannot the mouth of the Columbia River constitute some of be regulated through the permit system, it is intended the lost unspoiled seashore remaining in the United that they be dealt with in the comprehensive master Stcates. They provide the public with almost program in a manner consistent with policy and intent unlimited opportunities for recreational activities, of the Shoreline Act. To effectively provide for the like swimming, surfing and hiking; for outdoor management of the shorelines of the state, master sports, like hunting, fishing, clamming, and boat- programs should plan for and foster all reasonable ing; for the observation of nature as it existed and appropriate uses as provided in RCW 90.58.020. for hundreds of years before the arrival of white men and for relaxation away from the pressures Finally, most of the guidelines are intentionally and tensions of modern life. In past years, these written in general terms to allow some latitude for recreational activities have been enjoyed by count- local government to expand and elaborate on them as less Washington citizens, as well as by tourists local conditions warrant. The guidelines are adopted from other states and countries. The number of state regulations, however, and must be complied people wishing to participate in such recreational with both in permit application review and in master activities grow annually. This increasing public program development. pressure makes it necessary that the state dedicate the use of the ocean beaches to public recreation and to provide certain recreational and sanitary facilities. Nonrecreational use of the beach must be strictly limited. Even recreational uses must be regulated in order that Washington's unrivaled Agricultural Practices seashore may be saved for our children in much C 173-16-060 1)] the same form as we know it today." (See Appendix (WA Reference Nlos. 30 and 31). Agricultural practices are those methods used in vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization. Many (WAC 173-16-060) of these practices require the use of agricultural chem- icals, most of which are water soluble and may wash This section contains guidelines for the local regu- into contiguous land or water areas causing signifi- lotion of use activities proposed for shorelines Each cant alteration and damage to plant and animal habi- topic, representing a specific use or group of uses, is tots, especially those in the fragile shoreline areas. broadly defined and followed by several guidelines. Also, large quantities of mineral and organic sedi- These guidelines represent the criteria upon which ments enter water bodies through surface erosion judgments for proposed shoreline developments will when proper land management techniques are not be based until master programs are completed. In utilized. Guidelines: addition, these guidelines are intended to provide the (a) Local governments should encourage the main- basis for the develupment of that portion of the mas- tenance of a buffer of permanent vegetation be- ter program concerned with the regulation of such tween tilled areas and associated water bodies uses. which will retard surface runoff and reduce In addition to application of the guidelines in this siltation. section, the local government should identify the type (b) Master programs should establish criteria for IV-16 iie locution of confined cinimcil feeding opecra sediment load and the turbidity of the water. Guide- tions, retention and storage ponds for feed lot lines: wastes, rind stock piles of manure solids in (a) Seeding, mulching, matting and replanting shorelines of the state so that water areas will should be accomplished where necessary to not be polluted. Control guidelines prepared by provide stability on areas of steep slope which the U.S. Environmental Protection Agency should have been logged. Replanted vegetation be followed JAlso see Reference Nos. 3, 4, 5, should be of ri similar type'and concentration 6, 7 rird 8. as existing in the general vicinity of the Ic) Local governments should encourage the use logged area. of erosion control measures, such as crop rota- (b) Special attention should be directed in logging tion, mulching, strip cropping and contour cul- and thinning operations to prevent the accu- tivation in conformance with guidelines and mulation of slash and other debris in contig- standards established by the Soil Conservation uous waterways. Service, U.S. Department of Agriculture. (cl Shoreline areas having scenic qualities, such as those providing a diversity of views, unique landscape contrasts, or landscape panoramas should be maintained as scenic views in tim- ber harvesting areas. Timber harvesting prac- tices, including road construction and debris Aquaculture removal, should be closely regulated so that (WAC 173-16-060(2)) the quality of the view and viewpoints in shoreline areas of the state are not degraded. Aquaculture (popularly known as fish farming) is Id) Proper road and bridge design location and aquatic plants and animals. Potential locations for be used to prevent development of roads should aquacultural enterprises are relatively restricted due to structures which would adversely affect shora - specific requirements for water quality, temperature, line resources. flows, oxygen content, and, in marine waters, salinity. The technology associated with present-day aquacul- (e) Timber harvesting practices in shorelines of the ture is still in its formative stages and experimental. state should be conducted to maintain the Guidelines for aquaculture should therefore recognize state board of health standards for public the necessity for some latitude in the development of water supplies. (See Reference No. 34). this emerging economic water use as well as its poten- (f) Logging should be avoided on shorelines with tial impact on existing uses and natural systems. Guide- slopes of such grade that large sediment run- lines: off will be precipitated, unless adequate resto- la) Aquacultural enterprises should be located in ration and erosion control can be expeditiously areas where the navigational access of upland accomplished. owners and commercial traffic is not signifi- (g) Local governments should ensure that timber cantly restricted. harvesting on shorelines of state-wide signifi- lb) Recognition should be given to the possible cance does not exceed the limitations estab- detrimental impact aquacultural development lished in RCW 90.58.150 except as provided in might have on the visual access of upland cases where selective logging is rendered eco- owners and on the general aesthetic quality logically detrimental or is inadequate for prep- of the shoreline area. oration of land for other uses. (c) As aquaculture technology expands with in- (h) Logging within shoreline areas should be con- creasing knowledge and experience, emphasis ducted to ensure the maintenance of buffer should be placed on underwater structures strips of ground vegetation, brush, alder and which do not interfere with navigation or im- conifers to prevent temperature increases ad- pair the aesthetic quality of Washington shore- verse to fish populations and erosion of stream '3 lines. banks. Forest Management Practices Commercial Development (WAC 173-16-060(3)) (WAC 173-16-060(4)) Forest management practices are those methods Commercial developments are those uses which used for the protection, production and harvesting of are involved in wholesale and retail trade or business timber. Trees along a body of water provide shade activities. Commercial developments range from small which insulate the waters from detrimental tempera- businesses within residences, to high-rise office build- ture change and dissolved oxygen release. A stable ings. Commercial developments are intensive users of * water temperature and dissolved oxygen level provide space because of extensive floor areas and because of a healthy environment for fish and other more delicate facilities, such as parking, necessary to service them. forms of aquatic life. Poor logging practices on shore- Guidelines: lines alter this balance as well .as result in slash and (a) Although many commercial developments ben- I debris accumulation and may increase the suspended efit by a shoreline location, priority should be IV-17 I gvi 1o ti',, c iroramiecciaol developments which Mining (I' p)mritululy icepleri.lmnt on their location undl/or use of the shorelines of the state and (WAC 173-16-060(6)) other development that will provide an oppor- Mining is the remrroval of naturally occurring mate- tunity for substantial numbers of the people to riols from the earth fir oconomic use eijoy the shorelines of thecfte tsrrl find qrdivl hfin .ihoir-lini iiri.ii of W,i .l ,t1m IlJl row o,,,, ll lul (livlimi'ni'. on *,1111.,111,... t',tJoly auIII ly 'inl'. (et ".Olu oP Im n.l uInd silting of weiter -.1htluhl i ,, Nrloulle to lut t( In those urcus These operations can create silt and kill bottom-living where current commercial uses exist. animals. The removal of sand from marine beaches Ic) An assessment should be made of the effect a can deplete a limited resource which may not be commercial structure will have on a scenic restored through natural processes. Guidelines: view significant to a given area or enjoyed by (a) When rock, sand, gravel and minerals are re- a significant number of people. moved from shoreline areas, adequate protec- (d) Parking facilities should be placed inland tion against sediment and silt production away from the immediate water's edge and should be provided. recreational beaches. (b) Excavations for the production of sand, gravel and minerals should be done in conformance a with the Washington State Surface Mining Act. (See Reference No. 20). (c) Local governments should strictly control or prohibit the removal of sand and gravel from marine beaches. (d) When removal of sand and gravel from ma- rine beaches is permitted by existing legisla- tion, it should be taken from the least sensitive biophysical areas of the beach. Marinas (WAC 173-16-060(5)) Marinas are facilities which provide boat launch- ing, storage, supplies and services for small pleasure craft. There are two basic types of marinas: the open- type construction (floating breakwater and/or open- pile work) and solid-type construction (bulkhead and/or landfill). Depending upon the type of construc- tion, marinas affect fish and shellfish habitats. Guide- Outdoor Advertising, Signs lines: and Billboards (a) In locating marinas, special plans should be 173-1-060(7)) made to protect the fish and shellfish resources that may be harmed by construction and oper- Signs are publicly displayed boards whose pur- ation of the facility. pose is to provide information, direction, or advertis- (b) Marinas should be designed in a manner that ing. Signs may be pleasing or distracting, depending will reduce damage to fish and shellfish re- upon their design and location. A sign, in order to be sources and be aesthetically compatible with effective, must attract attention; however, a message adjacent areas. can be clear and distinct without being offensive. (c) Master programs should identify locations that There are areas where signs are not desirable, but are near high-use or potentially high-use areas generally it is the design that is undesirable, not the are near high-use or potentially high-use areas for proposed marina sites. Local as well as sign itself. Guidelines: regional "need" data should be considered as (a) Off-premise outdoor advertising signs should input in location selection. be limited to areas of high-intensity land use, Idl Special attention should be given to the design such as commercial and industrial areas. and development of operational procedures for Ibl Master programs should establish size, height, fuel handling and storage in order to minimize density, and lighting limitations for signs. accidental spillage and provide satisfactory (c) Vistas and viewpoints should not be degraded means for handling those spills that do occur. and visual access to the water from such vistas le) Shallow-water embayments with poor flushing should not be impaired by the placement of action should not be considered for overnight signs. and long-term moorage facilities. (d) Outdoor advertising signs (where permitted if) The Washington state department of fisheries under local regulations) should be located on has prepared guidelines concerning the con- the upland side of public transportation routes struction of marinas. These guidelines should which parallel and are adjacent to rivers and be consulted in planning for marinas. (See Ref- water bodies (unless it can be demonstrated erence No. 16). that views will not be substantially ob- (g) State and local health agencies have stand- structed). ards and guidelines for the development of le) When feasible, signs should be constructed marinas which shall be consulted by local against existing buildings to minimize visual agencies. (See Reference No. 18). obstructions of the shoreline and water bodies. IV-18 I Residential Development projects on shorelines, banks should be re- stored to pre-project configuration, replanted (WAC 173-16-060(8)) with native species aiidprovided maintenance * - The following guidelines should be recognized in care until the newly planted vegetation is es- the developmnent of any subdivision on the shorelines tablished. of the state. To the extent possible, planned unit (b) Whenever these facilities must be placed in a developments (sometimes called cluster developments) shoreline area, the location should be chosen should be encouraged within the shoreline area. so as not to obstruct or destroy scenic views. Within planned unit developments, substantial por- Whenever feasible, these facilities should be tions of land are reserved as open space or recrea- placed underground, or designed to do mini- tional areas for the joint use of the occupants of the mal damage to the aesthetic qualities of the development. This land may be provided by allowing shoreline area. houses to be placed on lots smaller than the legal Ic) To the extent feasible, local government should minimum size for normal subdivisions, as long as the attempt to incorporate major transmission line total number of dwellings in the planned unit devel- rights of way on shorelines into their program opment does not exceed the total allowable in a for public access to and along water bodies. regular subdivision. Guidelines: (d) Utilities should be located to meet the needs (a) Subdivisions should be designed at a level of of future populations in areas planned to ac- density of site coverage and of occupancy commodate this growth. compatible with the physical capabilities of the shoreline and water. The Washington State Thermal Power Plant Siting IbI Subdivisions should be designed so as to ade- Law (chapter RCW 80.50) regulates the location of Iquat ely protect the water ands d shoreline a es- electrical generating and distribution facilities. Under thetely practect the water and shoreline es this law, the state preempts the certification and regu- I thetic chars s. lation of thermal power plant sites and thermal power (c) Subdividers should be encouraged to provide plants. (See Reference No. 28). public pedestrian access to the shorelines within the subdivision. (d) Residential development over water should not *fl ~ be permitted. (el Floating homes are to be located as moorage slips approved in accordance with the guide- Ports and Water-Related Industry lines dealing with marinas, piers, and docks. (WAC 173-16-060(10)) In planning for floating homes, local govern- ments should ensure that waste disposal prac- Ports are centers for water-borne traffic and as tices meet local and state health regulations, such have become gravitational points for industrial/ that the homes are not located over highly manufacturing firms. Heavy industry may not specific- I productive fish food areas, and that the homes ally require a waterfront location, but is attracted to are located to be compatible with the intent of port areas because of the variety of transportation the designated environments. available. Guidelines: indicate how they plan to preserve shore vege- age on navigable water should be given prior- tation and control erosion during construction. ity over other industrial uses. (g) Sewage disposal facilities, as well as water (b) Port facilities should be designed to permit supply facilities, must be provided in accord- viewing of harbor areas from viewpoints, ance with appropriate state and local health waterfront restaurants and similar public facili- regulations. Storm drainage facilities should be ties which would not interfere with port opera- separate, not combined with sewage disposal tions or endanger public health and safety. systems. (c) Sewage treatment, water reclamation, desalini- (h) Adequate water supplies should be available zation and power plants should be located so that the ground water quality will not be where they do not interfere with and are com- endangered by overpumping. patible with recreational, residential or other public uses of the water and shorelands. Waste treatment ponds for water-related in- dustry should occupy as little shoreline as pos- sible. (d) The cooperative use of docking, parking, cargo Utilities handling and storage facilities should be * (WAC 173-16-060(9)) strongly encouraged in waterfront industrial areas. Utilities are services which produce and carry elec- (e) Land transportation and utility corridors serv- tric power, gas, sewage, communications and oil. At ing ports and water-related industry should this time the most feasible methods of transmission follow the guidelines provided under the sec- are the lineal ones of pipes and wires. The installation tions dealing with utilities and road and rail- of this apparatus necessarily disturbs the landscape road design and construction. Where feasible, and physical effect on the environment. Guidelines: located upland to reduce pressures for the use (a) Upon completion of installation/maintenance of waterfront sites. IV-19 If) Master program planning should be based on Breakwaters a recognition of the regional nature of port services Prior to allocating shorelands for port (WAC 173-16-060(12)) uses, local governments should consider state- Breakwaters are another proTcLytive structure usually wide needs and coordinate planning with built offshore to protect beaches, bluffs, dunes or other jurisdictions to avoid wasteful duplica- harbor areas from wave action. However, because off- tion of port services within port-service re- shore breakwaters are costly to build, they are sel- gions. dom constructed to protect the natural features alone, (g) Since industrial docks and piers are often but are generally constructed for navigational pur- longer and greater in bulk than recreational or poses also. Breakwaters can be either rigid in con- residential piers, careful planning must be un- struction or floating. The rigid breakwaters, which are dertaken to reduce the adverse impact of such usually constructed of riprap or rock, have both bene- facilities on other water-dependent uses and ficial and detrimental effects on the shore. All break- shoreline resources. Because heavy industrial waters eliminate wave action and thus protect the activities are associated with industrial piers shore immediately behind them. They also obstruct the and docks, the location of these facilities must free flow of sand along the coast and starve the be considered a major factor determining the downstream beaches. Floating breakwaters do not environmental compatibility of such facilities. have the negative effect on sand movement, but can- not withstand extensive wave action and thus are impractical with present construction methods in many areas. Guidelines: (a) Floating breakwaters are preferred to solid landfill types in order to maintain sand move- Bulkheads ment and fish habitat. IWAC 173-16-060(11)) (b) Solid breakwaters should be constructed only where design modifications can eliminate po- Bulkheads or seawalls are structures erected paral- tentially detrimental effects on the movement lel to and near the high-water mark for the purpose of sand and circulation of water. of protecting adjacent uplands from the action of (c) The restriction of the public use of the water waves or currents. Bulkheads are constructed of steel, surface as a result of breakwater timber or concrete piling, and may be either of solid must be recognized in the master program and or open-piling construction. For ocean-exposed loca- must be cognized in the master program and tions, bulkheads do not provide a long-lived perma-sfortheircons t ruction. nent solution, because eventually a more substantial wall is required as the beach continues to recede and layer waves reach the structure. While bulkheads and seawalls may protect the uplands, they do not protect the adjacent beaches, and in many cases are actually detrimental to the beaches by speeding up the erosion of the sand in Jetties and Groins front of the structures. The following guidelines apply to the construction (WAC 173-16-060(13)) of bulkheads and seawalls designed to protect the Jetties and groins are structures designed to mod- immediate upland area. Proposals for landfill must ify or control sand movement. A jetty is generally comply with the guidelines for that specific activity. employed at inlets for the purpose of navigation im- Guidelines: provements. When sand being transported along the (a) Bulkheads and seawalls should be located coast by waves and currents arrives at an inlet, it and constructed in such a manner which will flows inward on the flood tide to form an inner bar, not result in adverse effects on nearby beaches and outward on ebb tide to form an outer bar. Both and will minimize alterations of the natural formations are harmful to navigation through the shoreline. inlet. lb) Bulkheads and seawalls should be constructed A jetty is usually constructed of steel, concrete or in such a way as to minimize damage to fish rock. The type depends on foundation conditions and and shellfish habitats. Open-piling construction wave, climate and economic considerations. To be of is preferable in lieu of the solid type. maximum aid in maintaining the navigation channel, (c) Consider the effect of a proposed bulkhead on the jetty must be high enough to completely obstruct public access to publicly owned shorelines. the sand stream. The adverse effect of a jetty is that (dl Bulkheads and seawalls should be designed to sand is impounded at the updrift jetty and the supply blend in with the surroundings and not to of sand to the shore downdrift from the inlet is re- detract from the aesthetic qualities of the duced, thus causing erosion. Groins are barrier-type structures extending from (e) The construction of bulkheads should be per- the backshore seaward across the beach. The basic mitted only where they provide protection to purpose of a groin is to interrupt the sand movement upland areas or facilities, not for the indirect along a shore. purpose of creating land by filling behind the bulkhead. Landfill operations should satisfy Groins can be constructed in many ways using the guidelines under WAC 173-16-060(14). timber, steel, concrete or rock, but can be classified IV-20 into basic physical categories as high or low, long or collection, transportation nd disposal are of vital - short rind pPrmnnhlr or irnpPrrmehlIp ronrroin to rill con nn iirI nipvilirf , If thr, dli, i,.,I il *.nuli wI..,. il l.liair ,, ul [.uulully plii[iit(lI wl'fl". l II,- (j lr Ivy ( i Jidow n i. ClOus act niesC ex- and regulated, it can becorre not only a nuisance but pi).. ij tI uirj Wurit dlowndrift shore, unless the a severe to p ri.,� *,l t� cjriddoent dlowndrift shore, unless the a severe threat to the hsalth and safety of human roJnln ..y.nfn i , Filledr with sand to its entrapment beings, livestock, wildlife and other biota. Guidelines: nwil Msety G proe grmnes~ mustconide san moe- (a) Local master programs and use regulations (lar Master programs must consider sand move- must be consistent with approved county or ment anld the effect of proposed jetties or multicounty comprehensive solid waste man- groins on that sand movement. Provisions can agement plans and regulations of jurisdic- be made to compensate for the adverse effects tional health agercies. of the structures either by artificially transport- ing sand to the downdrift side of an inlet with lb) Local governments must regulate sanitary jetties, or by artificially feeding the beaches in jetties, or by artificially feeding the beaches in landfills and solid waste handling in accord- case of groins. ance with regulations for solid waste handling when adopted br, the department of ecology. lb) Special attention should be given to the effect New regulations restricting sanitary landfills these structures will have on wildlife these structures will have on wildlife propaga- within any water course and within flood .. tion and movement, and to the design of these plains of any water course have been proo structures which will not detract from the aes- posed for adoption by the department. thetic quality of the shoreline. s Landfill Dredging (WAC 173-16-060(16)) (WAC 173-16-060(14)) Dredging is the removal of earth from the bottom Landfill is the creation of dry upland area by the of a stream, river, lake, bay or other water body for filling or depositing of sand, soil or gravel into a the purposes of deepening a navigational channel or wetland area. Landfills also occur to replace shoreland to obtain use of the bottom materials for landfill. A areas removed by wave action or the normal erosive significant portion of all dredged materials are depos- processes of nature. However, most landfills destroy ited either in the water or immediately adjacent to it, the natural character of land, create unnatural heavy often resulting in problems of water quality. Guide- erosion and silting problems and diminish the existing lines: water surface. Guidelines: (a) Local governments should control dredging to located so that significant damage to existing and natural resources of both the area to be ecological values or natural resources, or alter- dredged and the area for deposit of dredged otion of local currents will not occur, creating a materials. hazard to adjacent life, property, and natural (b Local master programs must include long. resources systems. resources systems. range plans for the deposit and use of spoils (b) All perimeters of fills should be provided with on land. Spoil deposit sites in water areas vegetation, retaining walls, or other mecha- should also be identified by local government nisms for erosion prevention. in cooperation with the state departments of (c) Fill materials should be of such quality that it natural resources,'game and fisheries. Deposit- will not cause problems of water quality. ing of dredge material in water areas should n Shoreline areas are not to be considered for be allowed only for habitat improvement, to 6 sanitary landfills or the disposal of solid correct problems of material distribution affect- waste. ing adversely fish and shellfish resources, or I (d) Priority should be given to landfills for water- where the alternatives of depositing material dependent uses and for public uses. In eval- on land is more detrimental to shoreline re- uating fill projects and in designating areas sources than depositing it in water areas. appropriate for fill, such factors as total water (c) Dredging of bottom materials for the single surface reduction, navigation restriction, imped- purpose of obtaining fill material should be iment to water flow and circulation, reduction discouraged. of water quality and destruction of habitat should be considered. Shoreline Protection I Solid Waste Disposal (WAC 173-16-060(17)) (WAC 173-16-060(15)) Flood protection and streamway modifications are those activities occurring within the streamway and Generally, all solid waste is a possible source of wetland areas which are designed to reduce overbank I much nuisance. Rapid, safe and nuisance-free storage, flow of high waters and stabilize eroding stream- IV- 21 banks. Reduction of flood dd mage, bank stabilization should be done after the environmental -impact to reduce sedimentot;on, and protection of property of the transportation facilities needed to serve from erosion are normally achieved through water- those areas have been assessed. shed and flood plain management and by structural works. Such measures are often complementary to one another and several measures together may be neces- sary to achieve the desired end,. Guidelines: (al Riprapping and other Ipank stabilization meas- ures should be locatfd, designed and con- Piers structed so as to avoicO the need for channeli- zation and to protect tf e natural character of (WAC 173-16-060(19)) the streamway. A pier or dock is a structure built over or floating lb) Where flood protection .measures such as dikes upon the water, used as a landing place for marine are planned, they shouJld be placed landward transport or for recreational purposes. While floating of the streamway, inclu ling associated swamps docks generally create less of a visual impact than and marshes and other\ wetlands directly inter- those on piling, they constitute an impediment to boat related and interdependent with the stream traffic and shoreline trolling. Floating docks can also proper. alter beach sand patterns in areas where tides and c) Flood protection measjures which result in chan- littoral drift are significant. On lakes, a proliferation nelization should be,,dvoided. of piers along the shore can have the effect of sub- stantially reducing the usable water surface. Guide- lines: (al The use of floating docks should be encour- I aged in those areas where scenic values are high and where conflicts with recreational Road and Railroad Design and boaters and fishermen will not be created. Construction (b) Open-pile piers should be encouraged where (WAC 173-16-060(18)) shore trolling is important, where there is sig- nificant littoral drift and where scenic values A road is a linear passageway, usually for motor will not be impaired. vehicles, and a railroad is a surface linear passage- ic) Priority should be given to the use of commu- way with tracks for train traffic. Their construction can nity piers and docks in all new major water- limit access to shorelines, impair the visual qualities f ront subdivisions. In al, encouragement of water-oriented vistas, expose soils to erosion and should be giv en to the cooperative use of pier s retard the runoff of flood waters. Guidelines: should be given to the cooperative use of piers (a) Whenever feasible, major highways, freewaysd) Master programs should address the problem and railways should be located away from id) Master programs should address the problem shorelands, except in port and heavy industrial of the proliferation of single-purpose private areas, so that shoreland roads may be re- piers and should establish criteria for their Io- areas, so thaet shoreland roads may be re- cation, spacing, and length. The master pro- served for slow-moving recreational traffic. cation, spacing, and length. The mas grams should also delimit geographical areas (b) Roads located in wetland areas should be de- where pile piers will have priority over floating signed and maintained to prevent erosion and docks. to permit a natural movement of ground wato permit a natural movement of ground (e) In providing for boat docking facilities in the water. master program, local governments should (c) All debris, overburden, and other waste mate- consider the capacity of the shoreline sites to I rials from construction should be disposed of absorb the impact of waste discharges from in such a way as to prevent their entry by boats including gas and oil spillage. erosion from drainage, high water, or other means into any water body. (dl Road locations should be planned to fit the topography so that minimum alterations of natural conditions will be necessary. (e) Scenic corridors with public roadways should Archeological Areas and Historic Sites have provision for safe pedestrian and other nonmotorized travel. Also, provision should be (WAC 173-16-060(20)) made for sufficient view points, rest areas and Archeological areas, ancient villages, military picnic areas in public shorelines, forts, old settlers homes, ghost towns, and trails were (f) Extensive loops or spurs of old highways with often located on shorelines because-of the proximity high aesthetic quality should be kept in service of food resources and because water provided an as pleasure bypass routes, especially where important means of transportation. These sites are main highways, paralleling the old highway, nonrenewable resources and many are in danger of must carry large traffic volumes at high being lost through present day changes in land use speeds. and urbanization. Because of their rarity and the edu- (g) Since land-use and transportation facilities are cational link they provide to our past, these locations so highly interrelated, the plans for each should be preserved. Guidelines: should be coordinated. The designation of po- (a) In preparing shoreline master programs, local tential high-use areas in master programs governments should consult with professional IV-22 * archeologists to identify areas containing po- the preservation and enhancement of scenic tentially valuable archeological data, and to views and vistas. '* e-triblish procedures for salvaging the data. If) To avoid wasteful use of the limited supply of I ) Where possible, sites should be permanently recreational shoreland, parking areas should preserved for scientific study and public obser- be located inland away from the immediate vation. In areas known to contain archeologi edge of the water and recreational beaches. cal data, local governments should attach a Access should be provided by walkways or special condition to a shoreline permit provid- other methods. Automobile traffic on beaches, ing for a site inspection and evaluation by an dunes and fragile shoreland resources should archeologist to ensure that possible archeologi- be discouraged. cal data are properly salvaged. Such a condi- (g) Recreational developments should be of such tion might also require approval by local gov- variety as to satisfy the diversity of demands ernment before work can resume on the project from groups in nearby population centers. following such an examination. (hl The supply of recreation facilities should be (c) Shoreline permits, in general, should contain directly proportional to the proximity of popu- special provisions which require developers to lotion and compatible with the environment notify local governments if any possible or- designations. cheological data are uncovered during excova- (i) Facilities for intensive recreational activities tions. should be provided where sewage disposal (d) The National Historic Preservation Act of 1966 and vector control can be accomplished to and chapter 43.51 RCW provide for the protec- meet public health standards without ad- tion, rehabilitation, restoration and reconstruc- versely altering the natural features attractive tion of districts, sites, buildings, structures and for recreational uses. (See Reference No. 35). objects significant in American and Washing- (j) In locating proposed recreational facilities such ton history, architecture, archeology or culture. as playing fields and golf courses and other The state legislation names the director of the open areas which use large quantities of ferti- Washington state parks and recreation com- lizers and pesticides in their turf maintenance mission as the person responsible for this pro- programs, provisions must be mode to prevent gram. these chemicals from entering water. If this type of facility is approved on a shoreline location, provision should be made for protec- tion of water areas from drainage and surface runoff. (k) State and local health agencies have broad Recreation regulations which apply to recreation facilities, (WAC 173-16-060(21)) recreation watercraft and ocean beaches which should be consulted by local governments in Recreation is the refreshment of body and mind preparing use regulations and issuing permits. through forms of play, amusement or relaxation. Wa- (See Reference Nos. 30, 31, 35, 36, 37). ter-related recreation accounts for a very high propor- tion of all recreational activity in the Pacific Northwest. The recreational experience may be either an active one involving boating, swimming, fishing or hunting or the experience may be passive such as enjoying the natural beauty of a vista of a lake, river or saltwater VARIANCES AND CONDITIONAL USES area. Guidelines: (a) Priority will be given to developments, other (WAC 173-16-070) than single-family residences which are ex- The act states that each local master program empt from the permit requirements of the act, shall contain provisions covering conditional uses and which provide recreational uses and other im- variances. Any permit for a variance or a conditional provements facilitating public access to shore- use granted by the local government under approved lines. master programs must be submitted to the department (b) Access to recreational locations such as fishing for approval or disapproval. streams and hunting areas should be a combi- This provision of the act should be utilized in a nation of areas and linear access (parking manner which, while protecting the environment, will areas and easements, for example) to prevent assure that a person will be able to utilize his prop- concentrations of use pressure at a few points. erty in a fair and equitable manner. (c) Master programs should encourage the linkage Ig ~ of shoreline parks and public access points (1) Conditional uses. The objective of a condi- through the use of linear access. Many types tional use provision is to provide more control and of connections can be used such as hiking flexibility for implementing the regulations of the mas- paths, bicycle trails and/or scenic drives. ter program. With provisions to control undesirable (d) Attention should be directed toward the effect effects, the scope of uses within each of the four the development of a recreational site will environments can be expanded to include many uses. have on the environmental quality and natural Uses classified as conditional uses can be permit- resources of an area. ted only after consideration by the local government I (e) Master programs should develop standards for and by meeting such performance standards that IV-23 I make the use compatible with other permitted uses to implement the policy of this chapter for regulaiion within that urea of use of the shorelines of tile state prior to aidoptio 'l. of maoste, progllonas Suilh ,,t.Ialnrds shall ulso povideh Conrlitioncil use permits will he rcntel only terrd hll lso (liter (I to local goverrnrert'n ainn d thiL' di'eparl'trint it) t:ie ciprpl((rnt con (Iernonstrate all of lle lollowitno: cJvelopinig mcistel proyl.ms. (a I[he use will cause no unreasonably adverse effects on the environment or other uses. (7) "Hearings board" means the shorelines hear- (b) The use will not interfere with public use of ings board established by the oct. public shorelines. (8) "Local government" means any county, incor- Ic) Design of the site will be compatible with the porated city, or town which contains within its bound- surroundings and the Master Program. aries any lands or waters subject to the Shoreline Act idl The proposed use will not be contrary to the of 1971. general intent of the master program. (9) "Master program" means the comprehensive (2) Variances. Variance deals with specific require- use plan for a described area, and the use regula- ments of the master program and its objective is to tions, together with maps, diagrams, charts or other grant relief when there are practical difficulties or descriptive material and text, a statement of desired unnecessary hardship in the way of carrying out the goals and standards developed in accordance with strict letter of the master program. The property owner the policies enunciated in section 2 of the act. must show that if he complies with the provisions he cannot make any reasonable use of his property. The (10) "Ordinary high-water mark" means the mark fact that he might make a greater profit by using his on all lakes, streams, and tidal waters, which will be property in a manner contrary to the intent of the found by examining the beds and banks and ascer- pFogram is not a sufficient reason for variance. A taining where the presence and action of waters are variance will be granted only after the applicant can so common and usual, and so long continued in all demonstrafe the following: ordinary years, as to mark upon the soil a character (a) The hardship which serves as basis for grant- distinct from that of the abutting upland, in respect to ing of variance is specifically related to the property vegetation, as that condition exists on the effective of the applicant, date of this chapter, or as it may naturally change thereafter: PROVIDED, That in any area where the (b) The hardship results from the application of ordinary high-water mark cannot be found, the ordi- the 'requirements of the act and master program and nary high-water mark adjoining saltwater shall be the not from, for example, deed restrictions or the appli- line of mean higher high tide and the ordinary high- ~c~~ant's own actions. ~water mark adjoining freshwater shall be the line of (cl The variance granted will be in harmony with mean high water. the general purpose and intent of the master pro- gram. (11) "Permit" means that required by the act for Id) Public welfare and interest will be preserved; substantial development on shorelines, to be issued if more harm will be done to the area by granting the by the local government entity having administrative variance than would be done to the applicant by jurisdiction and subject to review by the department denying it, the variance will be denied. of ecology and the attorney general. (12) "Shorelines" means all of the water areas of GLOSSARY the state, including reservoirs, and their associated wetlands, together with the lands underlying them, (WAC 173-16-030) except: DEFINITIONS. As used herein, the following words (a) Shorelines of state-wide significance; and phrases shall have the following meanings: (b) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet (1) "Act" means Shoreline Management Act of per second or less, and the wetlands associated with 1971, chapter 90.58 RCW. such upstream segments; and (2)1 "Department" means state of Washington, (c) Shorelines on lakes less than 20 acres in size department of ecology. and wetlands associated with such small lakes. (3) "Development" means a use, consisting of (13) "Shorelines of state-wide significance" means the construction or exterior alteration of structures; the following shorelines of the state: dredging; drilling; dumping; filling; removal of any (a) The area between the ordinary high-water sand, gravel or minerals; bulkheading; driving of pil- mark and the western boundary of the state from ing; placing of obstructions; or any project of a per- Cape Disappointment on the south to Cape Flattery on manent or temporary nature which interferes with the the north, including harbors, bays, estuaries, and in- normal public use of the surface of the waters overly- lets; ing lunids subject to the act at any state of water (b) Those areas of Puget Sound and adjacent salt- level. waters and the Strait of Juan de Fuca between the 14) "Director" means the director of the depart- ordinary high-water mark and the line of extreme low ment of ecology, tide as follows: (i) Nisqually Delta-from DeWolf Bight to Tatsolo (5) "Extreme low tide" means the lowest line on the land reached by a receding tide. Point; (ii) Birch Bay-from Point Whitehorn to Birch (6) "Guidelines" means those standards adopted Point; IV-24 )(iii) Hood Canal-from Tala Point to Foulweather APPENDIX "A" II/I ,1 lyd f IY ,||||1 ZIIIIXISI 1101 Blodawn (IOWI {IWAC 173-16-2001 I'oirit to Yokeko Point; and Agricultural Practices iv) Padila Buy- -from March Point to William 1. Chapter 15.57 RCW, Washington Pesticide P,,rlt Act. Formulation, distribution and sale of ag- (() Ihoa. rer( a,r of Puretf Sound rind the Strait of riculturcl pesticides. | IJ.,,r, ,1, fl (,,,,,1 'flj(,ll al',fllw(lis nol1h lo fihe 2. Chaplicl 17.21 RCW, Washington Peslicidle Ap- CanJorlcn line and lying seaward from the line of plication Act. Application equipment, licen- extreme low tide; sing, records, handling of and enforcement. (d) Those lakes, whether natural, artificial or a 3. Agricultural Extension Service, Washington combination thereof, with a surface acreage of 1,000 State University, Pullman, June 1964, Cattle acres, or more, measured at the ordinary high-water Manure Handling and Disposal. mark; 4. Cooperative Extension Service, College of Ag- (e) Those natural rivers or segments thereof, as riculture, Washington State University, Pull- I follows: man, October 1965, Guideline for Sanitary (i) Any west of the crest of the Cascade range Handling of Animal Manure. downstream of a point where the mean annual flow 5. Cooperative Extension Service, College of Ag- is measured at 1,000 cubic feet per second, or more; riculture, Washington State University, Pull- I (ii) Any east of the crest of the Cascade range man, June 1969, Guidelines for Handling An- clownstrenm of a point where the annual flow is imal Wastes as Related to Water and Air measured at 200 cubic feet per second, or more, or Pollution Control. those portions of rivers east of the crest of the 6. Cooperative Extension Service, College of Ag- Cascade range downstream from the first 300 riculture, Washington State University, Pull- square miles of drainage area, whichever is longer; man, June 1971, The Stockman's Role in if) Those wetlands associated with la) through (e) Water Pollution Control. above 7. Eric B. Wilson, University of Idaho, A Pacific . Northwest Cooperative Extension Publication, (14) "Shorelines of the state" means the total of PNW Bulletin 53 January 1963 Your Feedlo all "shorelines" and 'shorelines of state-wide signifi- -Build It-Mechanize It. conce'' within the state. -Build It-Mechanize It. cance" within the state. (15) "State master program" means the cumula- riculture, Washington State University, Pull- tive total of all master programs approved or adopted man, June 1971, Livestock Waste Manage- by the department of ecology. ment Guidelines. (16) "Substantial development" means any devel- opment of which the total cost, or fair market value, Forest Management Practices exceeds $1,000, or any development which materially 9. Chapter 76.04 RCW, Forest protection, fire and interferes with normal public use of the water or burning control, permits and enforcement. shorelines of the state except that the following shall 10. Anonymous, Pacific Northwest Cooperative Ex- not be considered substantial developments: tension Publication, March 1971, Building (ato) Normal maintenance or repair of existing Woodland Roads, distributed by Washington structures or developments, including damage by fire, State University Cooperative Extension Serv- accident, or elements; ice, College of Agriculture. * in res((b) Construction of the normal protective bulk- 11. State of Washington Departments of Fisheries, head, common to single-family residences; Game and Natural Resources, Agreement, re- (c) Emergency construction necessary to protect lated to management of projects affecting property from damage by the elements; land and fisheries resources. d) Construction of a barn or similar agricultural 12. Pacific Northwest Pollution Control Council, structure on wetlands; Task Force Report, August 1971, Log Storage (e) Construction or modification of navigational and Rafting in Public Waters. aids, such as channel markers and anchor buoys; i(f Construction on wetlands by an owner, lessee, Aquacuture or contract purchaser, of a single-family residence, for 13. Chapter 75.16 RCW, Food fish and shellfish his own use or for the use of his family, which resi- conservation and propagation. dence does not exceed a height of 35 feet above 14. Chapter 248.58 WAC, State Board of Health, average grade level and which meets all requirements Shellfish. of the state agency or local government having juris- diction thereof. Archeological Areas and Historic Sites * (17) "Wetlands" or "Wetland areas" means those 15. RCW 43.51.750-820, Preservation of sites and lands extending landward for 200 feet in all direc- funding requirements tions, as measured on a horizontal plane from the ordinary high-water mark and all marshes, bogs, Bulkheads and Breakwaters swamps, floodways, river deltas, and flood plains as- 16. Washington State Department of Fisheries, Cri- sociated with the streams, lakes and tidal waters teria governing the design of bulkheads, which are subject to the provisions of the act. landfills and marinas. IV-25 Landfill 26. WAC 248.50.100 State Board of Health RO-IL 17. Wilbour v. Gallagher 77 Wn.2d 306, 462 P. lation, Disposal of Human Excreta. 2d 232 (1969). See Bulkheads, this page. 27. Chapter 248.96 WAC, State Board of Health' Regulation, Individual Sewage Disposal (to Marinas be adoptedl. See Bulkheads, this page. 18. Chapter 248.148 WAC, Marinas (to be Utilities adopted). 28. Chapter 80.50 RCW, Thermal Power Plants-- Site Locations. Mining 29. Ports and Water Related Industries, Washing- 19. RCW 43.51.685, Accreted lands, sale of sand ton Department of Natural Resources, Pro- and lease and removal permits. posed Harbor Area Guidelines. 20. Chapter 78.44 RCW, Surface Mining Act. Re- Pacific Ocean Beaches clamation requirements, site inspection and 30. RCW 79.16.160 Declared a Public Highway. permits. 31. RCW 79.16.172 Declared a Public Recreation Outdoor Advertising Area. 21. Chapter 47.42 RCW, Highway Advertising Environmental Impacts Control Act. Sign locations, scenic areas and 32. Chapter 43.21C RCW, Washington State Envi- permits. ronmrental Policy Act of 1971 requires all branches of government to include in every Residential Development recommendation or report on proposals for 22. Bach v. Sarich. 74 Wn.2d 575, 445 P. 2d 648 legislation and other major actions signifi- (1968). cantly affecting the environment, a detailed 23. Washington State Department of Social and statement by the responsible official on the Health Services, Health Services Division, environmental impact of the proposed action. Standards for Individual Sewage Waste Dis- Public Health, State Board of Health posal Systems. 3 24. U.S. Department of Agriculture, Soil Conserva- 33. WAC 248.50.140 Stagnant Water. tion Service, June 1 967, Know the Soil You 34. Chapter 248.54 WAC, Public Water Supplies. Build On, Bulletin No. 320. 35. Chapter 248.72 WAC, Camps and Parks. 25. U.S. Department oF Agriculture, Soil Conserva- 36. Chapter 248.92 WAC, Public Sewage Dis. tion Service, ISeptember 1968) Soil Conserva- posal. tion, "Soil and Water Conservation in Subur- 37. Chapter 248.98 WAC, Swimming Pools, Bath- bia" reprints available. ing Beaches and Wading Pools. I I I 1 F[llll TIlllllkll I 3 6668 00003 1080 IV-26