Ord to amend the Lewis County Shoreline Master Program and Lewis County Code (LCC) 17.25 Shoreline Management BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO. 1329
AN ORDINANCE OF THE COUNTY OF LEWIS,
AMENDING THE LEWIS COUNTY SHORELINE
MASTER PROGRAM AND LEWIS COUNTY CODE
(LCC) 17.25 SHORELINE MANAGEMENT.
NOW THEREFORE BE IT ORDAINED
DONE IN OPEN SESSION this 21st day of September, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Absent
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: •'�."-'-T'- 1-1r' LindseyR. Pollock, DVM
�S .PRD OF'-s,1
• ° 'L'; dsey R. Pollock, DVM, Vice Chair
• CE •
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Rieva Lester •• Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Ord. 1329
BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-322
NOTICE OF HEARING TO CONSIDER ORDINANCE
1329, AMENDING LEWIS COUNTY SHORELINE
MASTER PROGRAM AND LEWIS COUNTY CODE
(LCC) 17.25 SHORELINE MANAGEMENT
WHEREAS, the State of Washington Shoreline Management Act (SMA) of 1971,
Chapter 90.58 RCW, requires counties and cities to prepare shoreline master
programs (SMPs) to prevent the uncoordinated and piecemeal development of
shorelines of the state; and
WHEREAS, RCW 90.58.080(4)(a) requires counties to periodically review their
SMP to ensure the SMP stays current with changes in laws and rules, remains
consistent with other Lewis County plans and regulations, and is responsive to
changed circumstances, new information and improved data; and
WHEREAS, Lewis County as part of the periodic review undertaking prepared a
draft SMP with associated amendments to LCC 15.35 Flood Damage Prevention,
LCC 17.25 Shoreline Management, and LCC 17.38 Critical Areas; and
WHEREAS, the Lewis County Planning Commission held workshops on the draft
amendments to LCC 15.35 Flood Damage Prevention, LCC 17.25 Shoreline
Management, and LCC 17.38 Critical Areas on January 26, 2021, February 9, 2021
and May 11, 2021; and held a duly noticed public hearing on the amendment on
June 8, 2021; and
WHEREAS, following the public hearing, the Planning Commission voted
unanimously to transmit the amendment to the Lewis County Board of County of
Commissioners; and
WHEREAS, Lewis County forwarded the SMP and associated development
regulations when the Board of County Commissioners passed Resolution 21-227,
stating their consent to forward to Washington State Department of Ecology the
draft Shoreline Master Program for review and comment on June 25, 2021; and
WHEREAS, review comments in the form of an "Initial Determination of
Consistency" were returned from Washington State Department of Ecology on July
28, 2021.
NOW THEREFORE BE IT RESOLVED that a hearing before the Board of County
Commissioners is hereby scheduled for September 21, 2021, to take public
testimony and/or written comment on the adoption of Ordinance 1329, amending
Chapter 17.25 Shoreline Management of the Lewis County Code and adopting the
amended Shoreline Master Program; and
Page 1 of 2 Res. 21-322
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Board of
County Commissioners is hereby instructed to proceed with all appropriate and
necessary notifications, posting and publication for the changes as required by
law.
DONE IN OPEN SESSION this 27th day of August, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Absent
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: "TY'"••'
•'�°"- qs LindseyR. Pollock, DVM
•v�00 n�tD OF'��i' •
Llifysey R. Pollock, DVM, Vice Chair
SINCE ,.
I'45
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•••SyIN::::�:`•
Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-322
NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing to adopt Ordinance 1329.The hearing will take place at or
after 10 a.m. September 21, 2021, in the Commissioners' Hearing Room on the second floor of the
Historic Courthouse in Chehalis,Washington. Interested parties are encouraged to check the
Commissioners' Business Meeting agenda for the Zoom log-in details.The agenda will be posted at
https://lewiscountywa.gov/offices/commissioners/agendas-calendar/at least 24 hours in advance of
the meeting.
The public hearing will consider Ordinance 1329,which amends Lewis County Code Chapter 17.25
Shoreline Management and adopts the Shoreline Management Master Program periodic review
consistent with RCW 90.58.080(4)(a).
During the hearing, individuals will be invited to speak and/or provide written statements regarding the
proposed changes. All individuals wishing to speak are encouraged to attend. Written comments may
be submitted in advance of the hearing to:
Lee Napier lee.napier(a)lewiscountywa.gov
Details about the proposal are available at https://lewiscountywa.gov/departments/community-
development/track-planning-projects/shoreline-master-program-periodic-review/ Printed copies are
available at the Lewis County Community Development Department at 2025 NE Kresky Ave., Chehalis
WA. Due to COVID-19 and the physical closures of the Timberland Regional Libraries and Senior
Centers,copies are not available at those locations. If you wish to receive a paper copy of the proposals,
contact Community Development at 360.740.1146 and a copy will be mailed to you.
The meeting site is barrier free. People needing special assistance or accommodations should contact
Rieva Lester at 360.740.1419 at the Community Development Department 72 hours in advance of the
meeting.
Rieva Lester/Publish in the Chronicle and East County Journal on September 2, and September 8, 2021
LEWIS COUNTY PLANNING COMMISSION
Lone Spogen,Chair
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: June 8, 2021
Subject: Transmittal to the BOCC: Findings and Conclusions regarding Draft Revisions to Lewis
County Shoreline Master Program
Dear Commissioners:
The purpose of this report is to transmit the draft revisions to the Lewis County Shoreline
Master Program (SMP)to the Lewis County Board of County Commissioners(BOCC)for board
consideration.
General findings of fact:
1. As required by the State Shoreline Management Act (SMA) (RCW 90.58),local governments
are required to prepare and adopt an SMP based on the State's SMP Guidelines.
2. Lewis County last adopted the Shoreline Master Program in 2017.
3. RCW 90.58.080(4)(a) requires counties to periodically review their SMP to ensure the SMP
stays current with changes in laws and rules, remains consistent with other Lewis County
plans and regulations,and is responsive to changed circumstances, new information and
improved data.
4. Lewis County is undertaking their periodic review and prepared a draft SMP with associated
amendments to Lewis County Code (LCC) 15.35 Flood Damage Prevention, LCC 17.25
Shoreline Management, and LCC 17.38 Critical Areas.
5. Lewis County Planning Commission had three open public workshops on January 26, 2021,
February 9, 2021 and May 11, 2021.
6. Staff at Lewis County issued a SEPA Determination of Nonsignificance for the draft on May
11, 2021.
7. Staff at Lewis County sent the draft to Washington State Department of Commerce on April
28, 2021 for the 60-day review.
8. The Planning Commission held a duly noticed Public Hearing on the proposed SMP update at
its meeting of June 8, 2021
June 8, 2021 Page 1 of 1
Letter of Transmittal Lewis County Code Amendment
9. The Planning Commission deliberated the proposed revisions following the Public Hearing
and voted to recommend that the BOCC approve of the proposal as written.
Conclusions
Based on the above findings and conclusions,the Planning Commission recommends that the
Lewis County BOCC review the proposed SMP, LCC 15.35, LCC 17.25,and'LCC 17.38 and forward
the documents to the Department of Ecology for their review and ultimate approval.
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit this to the Lewis County Board of County
Commissioners.
Submitted by �iLc—c. Date
Lorie Spogen, C it
Lewis County Planning Commission
June 8, 2021 Page 2 of 1
ORDINANCE 1329
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS, AMENDING )
THE LEWIS COUNTY SHORELINE )
MASTER PROGRAM AND LEWIS COUNTY(LCC) 17.25 )
SHORELINE MANAGEMENT )
WHEREAS,the State of Washington Shoreline Management Act(SMA)of 1971,Chapter 90.58 RCW,
requires counties and cities to prepare shoreline master programs(SMPs)to prevent the uncoordinated
and piecemeal development of shorelines of the state; and
WHEREAS, RCW 90.58.080(4)(a) requires counties to periodically review their SMP to ensure the SMP
stays current with changes in laws and rules, remains consistent with other Lewis County plans and
regulations,and is responsive to changed circumstances, new information and improved data; and
WHEREAS, Lewis County is undertaking their periodic review and prepared a draft SMP with associated
amendments to Lewis County Code (LCC) 17.25 Shoreline Management; and
WHEREAS, Lewis County had three open public workshops with Lewis County Planning Commission on
January 26, 2021, February 9, 2021 and May 11, 2021; and
WHEREAS, staff at Lewis County issued a SEPA Determination of Nonsignificance for the draft on May
11, 2021; and
WHEREAS, staff at Lewis County sent the draft to Washington State Department of Commerce on April
28, 2021 for the 60 day review; and
WHEREAS, under the SMA, Lewis County and the Washington State Department of Ecology share joint
authority and responsibility for the administration of the Lewis County SMP (pursuant to RCW
90.58.050); and
WHEREAS, Lewis County and Washington State Department of Ecology held a public comment period on
the document from May 4, 2021 to June 8, 2021; and
WHEREAS, on June 8, 2021, the Lewis County Planning Commission conducted a joint public hearing
with Washington State Department of Ecology, noticed in accordance with the standards in LCC 17.12;
and
WHEREAS,following the public hearing, the Lewis County Planning Commission voted unanimously to
recommend approval of the document and to transmit the document to Washington State Department
of Ecology for their official comments and then to the Lewis County Board of County Commissioners
(BoCC)for their consideration; and
WHEREAS,following the close of the public comment period and public hearing, staff at Lewis County
and Washington State Department of Ecology worked to address the public comment, as well as a
variety of other issues that were necessary meet the guidelines in 173-26 and 173-27 WAC; and
WHEREAS,the BoCC passed Resolution 21-227 to forward a copy of the draft to the Washington State
Department of Ecology for their review; and
WHEREAS, on July 28, 2021,the Washington State Department of Ecology, completed their initial
Determination of Consistency review; and
WHEREAS,on August 31, 2021,the BoCC passed Res. 21-322 to hold a public hearing on Ordinance
1329, and directed the Clerk of the Board to provide notice of the hearing; and
WHEREAS,the Lewis County BoCC held a duly noticed public hearing on the proposed SMP and the
revisions to the document on September 21, 2021; and
WHEREAS,the Lewis County BoCC finds that the proposed changes to the document, and the document
as a whole, meets the guidelines in 173-26 and 173-27 WAC, and best serves the residents of Lewis
County given the requirements of state law;
NOW,THEREFORE BE IT HEREBY ORDAINED that the Lewis County BoCC adopt the following;
Section 1. Amend Section 17.25.030 to read as follows:
17.25.030 Administration-Adoption by reference.
Standards for the regulation of shorelines in Lewis County are contained in the Lewis County
shoreline master program adopted October 16, 2017 September 21, 2021, or as amended.
Copies of the Lewis County shoreline master program shall be kept on file and shall be made
available to the public at the office of the Lewis County department of community development.
SECTION 2.This ordinance adopts in the public interest the Lewis County Shoreline Master Program,
dated September 21, 2021,as provided under Attachment A,and shall be effective upon approval by
Washington State Department of Ecology.
SECTION 3. All provisions of the Lewis County Code not specifically addressed herein shall remain in full
force and effect.
SECTION 4. If any part of this ordinance is found to be invalid by a court of competent jurisdiction,the
remainder of the ordinance shall remain valid and continue in full force and effect.
PASSED IN REGULAR SESSION THIS I u" DAY OF S,e pf• , 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Eri ' enberg, Deputy Prosecuting Gary Stamper, Chair
Attorney
ATTEST: Lindsey ' Pollock, Di
, Vice Chair
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Rieva Lester, Clerk of the Board Sean S ope, Co missioner
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Attachment A: Lewis County Shoreline Master Program, 2021
Ordinance 1329
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Shoreline Master Program
Environment Designations, Policies, & Regulations
Adopted by the Board of County Commissioners:
September 21,2021 by Ordinance No. 1329
Ecology Grant:SEASMP-1921-LcCd-00067
This page intentionally left blank
TABLE OF CONTENTS
Table of Contents
List of Tables V
List of Abbreviations vi
1 Introduction 1
1.01 REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT 1
1.02 AUTHORITY 2
1.03 PURPOSE AND INTENT 2
1.04 SHORELINE MASTER PROGRAM DEVELOPMENT 2
1.05 APPLICABILITY 3
1.06 SHORELINE JURISDICTION 4
1.06.01 Extent of Shoreline Jurisdiction 4
1.06.02 Shorelines of Statewide Significance 5
1.06.03 Official Shoreline Map 7
1.07 RELATIONSHIP TO OTHER CODES,ORDINANCES,AND PLANS 8
1.08 CONSISTENCY WITH THE GROWTH MANAGEMENT ACT 8
1.09 LIBERAL CONSTRUCTION 9
1.10 SEVERABILITY 9
1.11 TITLE 9
1.12 EFFECTIVE DATE 9
2 Shoreline Management Goals 10
2.01 SHORELINE MASTER PROGRAM GOALS 10
2.02 ECONOMIC DEVELOPMENT GOAL 10
2.03 PUBLIC ACCESS GOAL 10
2.04 RECREATIONAL GOAL 10
2.05 CIRCULATION GOAL 10
2.06 SHORELINE USE GOAL 11
2.07 CONSERVATION GOAL 11
2.08 HISTORIC,CULTURAL,SCIENTIFIC,AND EDUCATIONAL GOAL 11
2.09 FLOOD HAZARD PREVENTION GOAL 11
2.10 RESTORATION GOAL 11
3 Shoreline Environment Designations 12
3.01 SHORELINE ENVIRONMENT DESIGNATION SYSTEM 12
3.01.01 Aquatic 13
3.01.02 High Intensity 14
3.01.03 Natural 15
3.01.04 Rural Conservancy 16
3.01.05 Shoreline Residential 18
3.01.06 Urban Conservancy 19
3.02 INTERPRETATION OF SHORELINE ENVIRONMENT DESIGNATION BOUNDARIES 21
Revised Draft Lewis County Shoreline Master Program
Table of Contents
Adopted September 21,2021
3.02.01 Shoreline Environment Designation Maps 21
3.02.02 Determining Shoreline Environment Designation Boundaries 21
4 General Policies&Regulations 23
4.01 INTRODUCTION 23
4.02 ARCHAEOLOGICAL AND HISTORIC RESOURCES 23
4.02.01 Policies 23
4.02.02 Regulations 24
4.03 ENVIRONMENTAL IMPACTS AND MITIGATION 24
4.03.01 Policies 25
4.03.02 Regulations 25
4.04 CRITICAL AREAS AND SHORELINE VEGETATION CONSERVATION 26
4.04.01 Policies 26
4.04.02 Regulations 27
4.05 FLOOD HAZARD MANAGEMENT 40
4.05.01 Policies 41
4.05.02 Regulations 41
4.06 PUBLIC ACCESS 43
4.06.01 Policies 43
4.06.02 Regulations 44
4.07 WATER QUALITY 46
4.07.01 Policies 46
4.07.02 Regulations 46
5 Specific Shoreline Use Policies&Regulations 48
5.01 INTRODUCTION 48
5.02 GENERAL SHORELINE USE 48
5.02.01 Policies 48
5.02.02 Regulations 49
5.03 ALLOWED SHORELINE USES 50
5.04 DEVELOPMENT STANDARDS 53
5.04.01 Density and Lot Coverage 53
5.04.02 Shoreline Height 53
5.05 AGRICULTURE 55
5.05.01 Policies 56
5.05.02 Regulations 56
5.06 AQUACULTURE 59
5.06.01 Policies 59
5.06.02 Regulations 60
5.07 BOATING AND WATER ACCESS FACILITIES 62
5.07.01 Policies 62
5.07.02 Regulations 63
5.08 COMMERCIAL DEVELOPMENT 72
5.08.01 Policies 72
5.08.02 Regulations 73
5.09 FOREST PRACTICES 73
5.09.01 Policies 74
Revised Draft Lewis County Shoreline Master Program ii l P a g e
Table of Contents
Adopted September 21,2021
5.09.02 Regulations 74
5.10 INDUSTRIAL DEVELOPMENT 75
5.10.01 Policies 75
5.10.02 Regulations 76
5.11 MINING 77
5.11.01 Policies 77
5.11.02 Regulations 77
5.12 PARKING 78
5.12.01 Policies 78
5.12.02 Regulations 79
5.13 RECREATIONAL DEVELOPMENT 79
5.13.01 Policies 79
5.13.02 Regulations 80
5.14 RESIDENTIAL DEVELOPMENT 81
5.14.01 Policies 81
5.14.02 Regulations 82
5.15 SIGNS 83
5.15.01 Policies 83
5.15.02 Regulations 84
5.16 TRANSPORTATION FACILITIES 84
5.16.01 Policies 84
5.16.02 Regulations 85
5.17 UTILITIES 86
5.17.01 Policies 86
5.17.02 Regulations 87
6 Shoreline Modification Policies&Regulations 89
6.01 INTRODUCTION 89
6.01.01 Shoreline Modification Table 89
6.02 GENERAL SHORELINE MODIFICATION PROVISIONS 91
6.02.01 Policies 91
6.02.02 Regulations 91
6.03 CLEARING,GRADING,AND FILL 92
6.03.01 Policies 92
6.03.02 Regulations 93
6.04 DREDGING AND DREDGE MATERIAL DISPOSAL 94
6.04.01 Policies 95
6.04.02 Regulations 95
6.05 IN-WATER STRUCTURES 97
6.05.01 Policies 97
6.05.02 Regulations 98
6.06 RESTORATION 100
6.06.01 Policies 100
6.06.02 Regulations 101
6.07 SHORELINE STABILIZATION 102
6.07.01 Policies 102
Revised Draft Lewis County Shoreline Master Program iii i P a g e
Table of Contents
Adopted September 21, 2021
6.07.02 Regulations 104
6.08 STRUCTURAL FLOOD HAZARD REDUCTION MEASURES 109
7 Shoreline Administration 111
7.01 INTRODUCTION 111
7.02 PERMIT PROCESSING-GENERAL 111
7.02.01 Shoreline Administrator 111
7.02.02 Provisions Applicable to All Shoreline Permits 112
7.02.03 Application Requirements 113
7.03 APPLICATION-NOTICES 113
7.04 SHORELINE PERMITS AND APPROVALS 115
7.04.01 Shoreline Substantial Development Permits 115
7.04.02 Shoreline Conditional Use Permits 115
7.04.03 Shoreline Variances 116
7.04.04 Shoreline EXEMPTIONS AND Letters of Exemption 116
7.05 PUBLIC HEARINGS AND DECISIONS 117
7.05.01 Burden of Proof for Development Conformance 117
7.05.02 Public Hearing Process 117
7.05.03 Notice of Decision 118
7.05.04 Development Start 118
7.05.05 Appeals of Decisions 119
7.06 TIME REQUIREMENTS AND REVISIONS 119
7.06.01 Time Requirements for Shoreline Permits 119
7.06.02 Revisions of Shoreline Permits 119
7.07 NONCONFORMING DEVELOPMENT 120
7.08 ENFORCEMENT AND PENALTIES 121
7.08.01 Enforcement 121
7.08.02 Penalty 121
7.08.03 Public and Private Redress 121
7.08.04 Delinquent Permit Penalty 122
7.09 SHORELINE MASTER PROGRAM—ADMINISTRATION 122
7.09.01 General Administration 122
7.09.02 Shoreline Master Program Review 122
8 Definitions 124
8.01 UNLISTED WORDS OR PHRASES 124
8.02 DEFINITIONS 124
Appendix 1:Shoreline Environment Designation Maps 1
Appendix 2:Specific Waterbodies Subject to the SMP 2
Revised Draft Lewis County Shoreline Master Program iv i P a g e
Table of Contents
Adopted September 21,2021
LIST OF TABLES
Table 4-1: Shoreline Buffers 31
Table 5-1: Permitted, Conditional, and Prohibited Uses 51
Table 5-2: Shoreline Height Regulations 54
Table 6-1: Permitted, Conditional, and Prohibited Shoreline Modifications 90
Table A-1: Rivers and Streams Subject to the SMA in Lewis County 2
Table A-2: Lakes Subject to the SMA in Lewis County 6
Table A-3: Unnamed Lakes Subject to the SMA in Lewis County 7
Revised Draft Lewis County Shoreline Master Program v i P a g e
List of Tables
Adopted September 21,2021
LIST OF ABBREVIATIONS
BAS— Best Available Science
BMPs— Best Management Practices
CAC— Citizen Advisory Committee for the Shoreline Master Plan Update Process
CAO— Critical Areas Ordinance
County— Lewis County
CMZ— Channel Migration Zone
DAHP— Washington State Department of Archaeology and Historic Preservation
Ecology— Washington State Department of Ecology
ESA— Federal Endangered Species Act
FEMA— Federal Emergency Management Agency
FIRM— Flood Insurance Rate Map
FPA— Washington State Forest Practices Act (Chapter 76.09 RCW)
GMA— Washington State Growth Management Act (Chapter 36.70A RCW)
HPA— Hydraulic Project Approval
LCC— Lewis County Code
LAMIRD— Limited Areas of More Intensive Rural Development
LID— Low Impact Development
NRCS— Natural Resources Conservation Service
OHWM— Ordinary High Water Mark
PFC— Properly Functioning Conditions
PTE— Proposed,Threatened, and Endangered
RCW— Revised Code of Washington
Revised Draft Lewis County Shoreline Master Program vi l P a g e
List of Abbreviations
Adopted September 21,2021
SEPA— State Environmental Policy Act (Chapter 43.21C RCW)
SMA— Shoreline Management Act (Chapter 90.58 RCW)
SMP— Shoreline Master Program
State— State of Washington
TAC— Technical Advisory Committee for the Shoreline Master Plan Update Process
UGA— Urban Growth Area
USACE— United States Army Corps of Engineers
USGS— United States Geological Survey
WAC— Washington Administrative Code
WDFW— Washington State Department of Fish and Wildlife
WDNR— Washington State Department of Natural Resources
WSDOT— Washington State Department of Transportation
Revised Draft Lewis County Shoreline Master Program vii I P a g e
List of Abbreviations
Adopted September 21,2021
1 1 INTRODUCTION
2 1.01 REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT
3 The State Legislature passed Washington's Shoreline Management Act (SMA) (Chapter 90.58
4 Revised Code of Washington (RCW)) in 1971 and citizens of the State approved the SMA
5 through referendum in 1972 "...to prevent the inherent harm in an uncoordinated and
6 piecemeal development of the State's shorelines." The SMA requires that Lewis County
7 (County) plan for the use of Shorelines of the State within its jurisdiction. The SMA and Chapter
8 173-26 Washington Administrative Code (WAC) established broad policies that give preference
9 to shoreline uses that:
10 • Encourage water-dependent uses: "...uses shall be preferred which are consistent with
11 control of pollution and prevention of damage to the natural environment, or are
12 unique to or dependent upon use of the States' shorelines..."
13 • Protect shoreline natural resources: including "...the land and its vegetation and
14 wildlife, and the waters of the State and their aquatic life..."
15 • Promote public access: "...the public's opportunity to enjoy the physical and aesthetic
16 qualities of natural Shorelines of the State shall be preserved to the greatest extent
17 feasible consistent with the overall best interest of the State and people generally."
18 The SMA recognizes that "...shorelines are among the most valuable and fragile..." of the State's
19 resources. The County recognizes and protects private property rights in shoreline jurisdiction,
20 while aiming to preserve the quality of these unique resources for all State residents.
21 The primary purpose of the SMA is to manage and protect the State's shoreline resources by
22 planning for reasonable and appropriate uses. In order to protect the public interest in
23 preserving these shorelines, the SMA establishes a coordinated planning program between the
24 County and the State to address development and uses occurring in the State's shorelines.
25 Under the SMA, the Shoreline Master Program (SMP) is created and implemented based on a
26 "...cooperative program of shoreline management between local jurisdictions and the State."
27 With citizen contributions collected through the shoreline planning process, the County
28 developed this SMP, and will implement and administer it through shoreline permits and
29 reviews. The Washington State Department of Ecology(Ecology) provided funding for the
30 update, and reviews and approves local SMPs and certain local permit decisions.
31
Revised Draft Lewis County Shoreline Master Program 1 I P a g e
Introduction
Adopted September 21,2021
1 1.02 AUTHORITY
2 The Shoreline Management Act of 1971, Chapter 90.58 RCW, is the authority for the
3 enactment and administration of the SMP. As appointed by the County Commissioners, the
4 County Shoreline Administrator is charged with the responsibility of administering the SMP.
5
6 1.03 PURPOSE AND INTENT
7 The four purposes of the SMP are to:
8 A. Carry out the responsibilities of the County under the SMA;
9 B. Promote the public health, safety, and general welfare, by providing a guide and
10 regulation for the future development of shoreline resources in the County;
11 C. Further, by adoption, the policies of the SMA and the goals of the SMP; and
12 D. Comply with the State SMP Guidelines (Chapter 173-26 WAC); including a particular
13 focus on regulations and mitigation standards to ensure that development under the
14 SMP will not result in a net loss of shoreline ecological functions.
15
16 1.04 SHORELINE MASTER PROGRAM DEVELOPMENT
17 As part of a coalition with the Cities of Centralia, Chehalis, Morton, and Winlock, the County
18 obtained grant number G1200468 from Ecology in 2012 to conduct a comprehensive SMP
19 update. The first step in the update process involved an inventory of the areas of the County
20 subject to the SMA. Numerous rivers, streams, and lakes and their associated wetlands and
21 flood courses comprise the areas in the County subject to the SMA. There are over 992 miles of
22 creeks and rivers and 17,147 acres of lakes and reservoirs that meet the definition of Shorelines
23 of the State in the County.
24 The Public Participation Plan guided public interaction throughout the development of the SMP.
25 Three Citizen Advisory Committees (CACs) reviewed SMP documents, particularly proposed
26 shoreline environment designations, policies, and regulations, and provided feedback in a series
27 of public meetings. One CAC covered the unincorporated County and the Cities of Morton and
28 Winlock, while two separate CACs were established for the Cities of Centralia and Chehalis.
29 The Shoreline Inventory and Characterization described existing biological and physical
30 conditions for the 16 shoreline management areas that were further classified into 222
Revised Draft Lewis County Shoreline Master Program 2 I P a g e
Introduction
Adopted September 21,2021
1 shoreline reaches covering the County. These shoreline management areas and reaches were
2 analyzed and characterized to create a baseline from which future development actions in
3 shoreline jurisdiction will be measured. A Technical Advisory Committee (TAC) reviewed and
4 commented on the Shoreline Inventory and Characterization.
5 The public discussed the findings of the Shoreline Inventory and Characterization and proposed
6 shoreline environment designations at four community meetings that covered western Lewis
7 County and the City of Winlock, eastern Lewis County and the City of Morton, the City of
8 Centralia, and the City of Chehalis. Shoreline environment designations were assigned to all
9 areas in shoreline jurisdiction in the County. Then goals, policies, and regulations for each
10 shoreline environment designation and for all activities subject to the SMA were developed
11 with a focus on maintaining the baseline ecological condition. The CACs and the public
12 reviewed these documents.
13 The Cumulative Impacts Analysis and the No Net Loss Report evaluated whether the updated
14 SMP would, when implemented over time, yield no net loss of ecological functions when
15 considering reasonably foreseeable development in shoreline jurisdiction relative to the
16 baseline established by the Shoreline Inventory and Characterization.
17 The Restoration Plan was developed to address voluntary, non-regulatory actions that could be
18 taken to restore impaired shoreline ecological functions shoreline jurisdiction. Ideally, the SMP,
19 in combination with other County and regional efforts, will ultimately produce a net
20 improvement in ecological functions of the shoreline.
21
22 1.05 APPLICABILITY
23 A. The SMP shall not apply retroactively to existing, legally established structures, uses,
24 and developments in place at the time of Ecology final action on the SMP.
25 B. All proposed uses, activities, and development occurring within shoreline jurisdiction
26 must conform to the SMA and the SMP whether or not a permit or other form of
27 authorization is required, except when specifically exempted by statute.
28 C. In addition to the requirements of the SMA, permit review, implementation, and
29 enforcement procedures affecting private property must be conducted in a manner
30 consistent with all relevant constitutional and other legal limitations on the regulation
31 of private property.
32 D. The shoreline permit procedures, policies and regulations established in the SMP shall
33 apply throughout the County to all non-Federal developments and uses undertaken on
Revised Draft Lewis County Shoreline Master Program 3 I P a g e
Introduction
Adopted September 21,2021
1 Federal lands, and on lands subject to non-Federal ownership, lease or easement, even
2 though such lands may fall within the external boundaries of a Federal ownership.
3 Federal lands include, but are not limited to, National Forests and Wilderness Areas. As
4 recognized by RCW 37.08.200, the Federal Government has exclusive jurisdiction of
5 Mount Rainier National Park and therefore it is exempt from the regulations contained
6 in this SMP.
7 E. As recognized by RCW 90.58.350, the provisions of this SMP do not affect treaty rights
8 of Native American tribes.
9 1.06 SHORELINE JURISDICTION
10 1.06.01 EXTENT OF SHORELINE JURISDICTION
11 The SMA defines the extent of the geographic area in the County subject to the SMP. According
12 to RCW 90.58.030, the SMP applies to the following Shorelines of the State within the County:
13 A. Segments of streams or rivers where the mean annual flow is more than 20 cubic feet
14 per second.
15 B. Lakes and reservoirs 20 acres and greater in area.
16 C. Shorelands adjacent to these waterbodies. These include:
17 1. Lands extending landward for 200 feet in all directions as measured on a horizontal
18 plane from the ordinary high water mark(OHWM);
19 2. Adopted Federal Emergency Management Agency(FEMA) floodways, or 2010 flood
20 channel study areas and the SMP Flood Course, and contiguous floodplain areas
21 landward 200 feet from such adopted FEMA floodways or 2010 flood channel study
22 areas and the SMP Flood Course;'and
23 3. All wetlands and river deltas associated with the streams and lakes subject to the
24 SMA.
25 See Appendix 3: Specific Waterbodies Subject to the SMP for the rivers, streams, and lakes in
26 the County subject to the SMA and the SMP.
1 For Lewis County,the 2010 flood channel study areas and the SMP Flood Course were used. The use of the term
"SMP Flood Course"does not affect the designation or treatment of floodways as outlined in the Critical Areas
Regulations.
Revised Draft Lewis County Shoreline Master Program 4 I P a g e
Introduction
Adopted September 21,2021
1 The County chose not to include additional areas in shoreline jurisdiction during the SMP
2 planning process, as is an option under RCW 90.58.030 (2)(d)(i) and (ii). These additional areas
3 included the following:
4 • The area beyond the minimum shorelands along stream corridors as defined in the SMA.
5 • The "...land necessary for buffers for critical areas as defined in Chapter 36.70A RCW
6 that occur within Shorelines of the State."
7 The extent of shoreline jurisdiction in the County is depicted on the official shoreline maps
8 included in SMP Appendix 1: Shoreline Environment Designation Maps. The maps only
9 approximately represent the lateral extent of shoreline jurisdiction. The actual lateral extent of
10 shoreline jurisdiction shall be determined on a case-by-case basis established by the location of
11 the OHWM, the floodway, which is defined as the adopted FEMA floodways or SMP flood
12 course, and the presence of associated wetlands. In circumstances where shoreline jurisdiction
13 does not include an entire parcel, only that portion of the parcel and any use, activity or
14 development on that portion of the parcel is subject to the SMP.
15 The actual location of the OHWM, floodway, SMP flood course, floodplain, and wetland
16 boundaries shall be determined at the time a development is proposed.
17 1.06.02 SHORELINES OF STATEWIDE SIGNIFICANCE
18 A. Adoption of Policy
19 In implementing the objectives for the Shorelines of Statewide Significance, the County
20 based its decisions in preparing the SMP on the following policies in order of priority,
21 with one being the highest and seven being the lowest.
22 1. Recognize and protect the statewide interest over local interest.
23 2. Preserve the natural character of the shoreline.
24 3. Result in long term over short-term benefit.
25 4. Protect the resources and ecology of the shoreline.
26 5. Increase public access to publicly owned areas of the shoreline.
27 6. Increase recreational opportunities for the public in the shoreline.
28 7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
29 necessary.
30 Uses that are not consistent with these policies should not be permitted on Shorelines
31 of Statewide Significance.
Revised Draft Lewis County Shoreline Master Program 5 I P a g e
Introduction
Adopted September 21,2021
1 B. Designation of Shorelines of Statewide Significance
2 Specific larger waterbodies west of the Cascades crest are classified as Shorelines of
3 Statewide Significance in RCW 90.58.030(2)(f):
4 1. Lakes, whether natural, artificial, or a combination thereof, with a surface acreage of
5 1,000 acres or more measured at the OHWM; and
6 2. Natural rivers or segments thereof downstream of a point where the mean annual
7 flow is measured at 1,000 cubic feet per second or more.
8 In the County, the following rivers and lakes and their associated shorelands are defined
9 as Shorelines of Statewide Significance. These shorelines are considered resources for
10 all people of the State, thus preference is given to uses that favor long-range goals and
11 support the overall public interest.
12 1. Chehalis River
13 2. Cispus River
14 3. Cowlitz River
15 4. Nisqually River
16 5. Riffe Lake
17 6. Mossyrock Reservoir
18 7. Alder Reservoir
19 C. Policies for Shorelines of Statewide Significance
20 The statewide interest should be recognized and protected over the local interest in
21 Shorelines of Statewide Significance. To ensure that statewide interests are protected
22 over local interests, the County shall review all development proposals within Shorelines
23 of Statewide Significance for consistency with RCW 90.58.030 and the following policies:
24 1. Encourage redevelopment of shorelines where it restores or enhances shoreline
25 ecological functions and processes impaired by prior development activities.
26 2. The County should consult with Ecology, the Washington State Department of Fish
27 and Wildlife (WDFW), and the Confederated Tribes of the Chehalis Reservation, the
28 Quinault Indian Nation,the Cowlitz Indian Tribe, the Nisqually Indian Tribe, and
29 other resources agencies for development proposals that could affect anadromous
30 fisheries.
31 3. The County should consult WDNR on all proposals on State-owned lands.
Revised Draft Lewis County Shoreline Master Program 6 I P a g e
Introduction
Adopted September 21,2021
1 4. Where commercial timber cutting takes place pursuant to SMP Section 5.09 and
2 RCW 90.58.150, reforestation should take place as soon as feasible.
3 5. Activities that use shoreline resources on a sustained yield or non-consuming basis
4 and that are compatible with other appropriate uses should be given priority over
5 uses not meeting these criteria.
6 6. The range of options for shoreline use should be preserved to the maximum possible
7 extent for succeeding generations. Development that consumes valuable, scarce, or
8 irreplaceable natural resources should not be permitted if alternative sites are
9 available.
10 7. Potential short-term economic gains or convenience should be measured against
11 potential long term and/or costly impairment of natural features.
12 8. Protection or enhancement of aesthetic values should be actively promoted in
13 design review of new or expanding development.
14 9. Resources and ecological systems of Shorelines of Statewide Significance and those
15 limited shorelines containing unique, scarce, and/or sensitive resources should be
16 protected to the maximum extent feasible.
17 10. Erosion and sedimentation from development sites should be controlled to minimize
18 adverse impacts on ecosystem processes. If site conditions preclude effective
19 erosion and sediment control, excavations, land clearing, or other activities likely to
20 result in significant erosion should be severely limited.
21 11. Public access development in extremely sensitive areas should be restricted or
22 prohibited. All forms of recreation or access development should be designed to
23 protect the resource base upon which such uses in general depend.
24 12. Public and private developments should be encouraged to provide trails, viewpoints,
25 water access points, and shoreline related recreation opportunities whenever
26 feasible. Such development is recognized as a high priority use.
27 13. Development not requiring a waterside or shoreline location should be located
28 inland so that lawful public enjoyment of shorelines is enhanced.
29 1.06.03 OFFICIAL SHORELINE MAP
30 The County's Community Development Department shall keep the Official Shoreline Map for
31 the County. In the event of an error in the maps, the County will rely upon common boundary
32 descriptions and the criteria contained in RCW 90.58.030(2) and Chapter 173-22 WAC
Revised Draft Lewis County Shoreline Master Program 7 I P a g e
Introduction
Adopted September 21,2021
1 pertaining to determinations of shorelands. Unofficial copies of the official map may be
2 included or distributed with copies of the SMP.
3
4 1.07 RELATIONSHIP TO OTHER CODES, ORDINANCES, AND PLANS
5 All applicable County, State, and Federal laws shall apply to properties in shoreline jurisdiction.
6 Should a conflict occur between the provisions of the SMP or between the SMP and the laws,
7 regulations, codes or rules promulgated by any other authority having jurisdiction within the
8 County, the most restrictive requirement shall be applied, except when constrained by State or
9 Federal law, or where specifically provided otherwise in the SMP.
10
11 1.08 CONSISTENCY WITH THE GROWTH MANAGEMENT ACT
12 The Growth Management Act (GMA) requires that, consistent with RCW 36.70A.480, the goals
13 and policies of the SMP approved under Chapter 90.58 RCW shall be considered an element of
14 the County Comprehensive Plan. All regulatory elements of the SMP, including, but not limited
15 to definitions and use regulations, shall be considered a part of the County development
16 regulations. Future amendments to the SMP element of the County Comprehensive Plan must
17 also follow the amendment procedures of Chapter 90.58 RCW. The SMP was developed to be
18 consistent with the County's Comprehensive Plan and development regulations.
19 The State SMP Guidelines identify three criteria to use in evaluating the consistency between
20 the SMP's shoreline environment designation provisions and the County's Comprehensive Plan
21 elements and development regulations. In order for these to be internally consistent, all three
22 of the conditions below should be met:
23 A. Provisions not precluding one another. Comprehensive Plan provisions and shoreline
24 environment designation provisions should not preclude one another. To meet this
25 criterion, the provisions of both the Comprehensive Plan and the SMP must be able to
26 be met. Further, when considered together and applied to any property, the SMP use
27 policies and regulations and zoning or other use regulations should not conflict or
28 eliminate all viable uses of the property.
29 B. Use compatibility. Land use policies and regulations should protect preferred shoreline
30 uses from being affected by incompatible uses, in order to prevent existing or potential
31 future water-oriented uses, especially water-dependent uses, from being restricted on
32 shoreline areas because of impacts to nearby non-water-oriented uses. To be
Revised Draft Lewis County Shoreline Master Program Wage
Introduction
Adopted September 21,2021
1 consistent, the SMP, Comprehensive Plan, and development regulation should prevent
2 new uses from locating where they are not compatible with or may restrict preferred
3 uses or development.
4 C. Sufficient infrastructure. Infrastructure and services provided in the Comprehensive
5 Plan should be sufficient to support allowed shoreline uses. Shoreline uses should not
6 be allowed where the Comprehensive Plan does not provide for sufficient roads,
7 utilities, and other services to support them. Infrastructure plans must also be mutually
8 consistent with shoreline environment designations. Where they do exist, utility
9 services routed through shoreline areas shall not be a sole justification for more intense
10 development.
11 RCW 36.70A.480 governs the relationship between SMPs and development regulations to
12 protect critical areas that are adopted under Chapter 36.70A RCW.
13
14 1.09 LIBERAL CONSTRUCTION
15 As provided for in RCW 90.58.900, the SMP is exempted from the rule of strict construction and
16 it shall be liberally construed to give full effect to the objectives and purposes for which it was
17 enacted.
18
19 1.10 SEVERABILITY
20 As provided for in RCW 90.58.910, should any section or provision of the SMP be declared
21 invalid, such decision shall not affect the validity of the SMP as a whole.
22
23 1.11 TITLE
24 This document shall be known and may be cited as the Lewis County Shoreline Master Program
25 or SMP. This document may refer to itself as The Master Program.
26 1.12 EFFECTIVE DATE
27 The SMP is hereby adopted on the September 21, 2021. The SMP and all amendments thereto
28 shall become effective fourteen days from the date of Ecology's written notice of final action to
29 the County.
30 Revised Draft Lewis County Shoreline Master Program 9 I P a g e
Introduction
Adopted September 21,2021
1 2 SHORELINE MANAGEMENT GOALS
2 2.01 SHORELINE MASTER PROGRAM GOALS
3 The State SMP Guidelines (WAC 173-26-186(3)) require that all relevant policy goals must be
4 addressed in the planning policies of the SMP. This section contains goals that express the
5 long-term vision of the County's citizens for their shorelines. Goals provide the basis for the
6 more detailed SMP shoreline environments, policies, regulations, and administrative
7 procedures in subsequent chapters.
8
9 2.02 ECONOMIC DEVELOPMENT GOAL
10 Goal ED-1. Utilize shoreline resources to improve the standard of living for residents of the
11 County, while assuring that the resources are utilized in a manner consistent with minimizing
12 adverse effects to the shoreline environment.
13
14 2.03 PUBLIC ACCESS GOAL
15 Goal PA-1. Provide a variety of public access opportunities that are safe, compatible with
16 natural features, and widely distributed to avoid concentration of user pressure. Assure that
17 intrusions created by public access will not endanger life, property, public or private property
18 rights, or have detrimental effects on fragile natural features.
19
20 2.04 RECREATIONAL GOAL
21 Goal REC-1. Provide shoreline recreational opportunities that serve the demands of the citizens
22 and visitors to the County.
23
24 2.05 CIRCULATION GOAL
25 Goal CIR-1. Encourage a multi-modal transportation system, which provides efficient and safe
26 movement of people and vehicles with minimum disruption to the shoreline.
27
Revised Draft Lewis County Shoreline Master Program 10 I P a g e
Shoreline Management Goals
Adopted September 21,2021
1 2.06 SHORELINE USE GOAL
2 Goal SU-1. Assure that shoreline development in the County corresponds with the character
3 and physical limitations of the land and water. Promote a viable pattern of land and water use
4 without disrupting environmental quality.
5
6 2.07 CONSERVATION GOAL
7 Goal CONS-1. Encourage sensible management of renewable shoreline resources and the
8 preservation of shoreline resources.
9
10 2.08 HISTORIC, CULTURAL, SCIENTIFIC, AND EDUCATIONAL GOAL
11 Goal HCSE-1. Protect, preserve, and restore areas and sites having historic, cultural,
12 educational, or scientific values.
13
14 2.09 FLOOD HAZARD PREVENTION GOAL
15 Goal FHP-1. Recognize the hydrologic functions of floodplains, and protect frequently flooded
16 areas.
17
18 2.10 RESTORATION GOAL
19 Goal REST-1. Encourage restoration of previously degraded areas so that they may be renewed
20 or restored to an ecologically functional condition.
21
Revised Draft Lewis County Shoreline Master Program 11 I P a g e
Shoreline Management Goals
Adopted September 21,2021
1 3 SHORELINE ENVIRONMENT
2 DESIGNATIONS
3 3.01 SHORELINE ENVIRONMENT DESIGNATION SYSTEM
4 The SMA's requirements for shoreline environment designations are found in WAC 173-26-211.
5 The County classified and mapped its shoreline jurisdiction into shoreline environment
6 designations based on the four criteria found in the State SMP Guidelines (WAC 173-26-
7 211(2)(a)):
8 A. Existing land use patterns. Land uses developed in each of the shoreline areas to date,
9 as documented in the Shoreline Inventory and Characterization Report and the SMP map
10 folio.
11 B. Biological and physical character of the shoreline. The range of ecological
12 characteristics and functions identified for each of the shoreline reaches documented in
13 the Shoreline Inventory and Characterization Report.
14 C. The goals and aspirations of the County as expressed through its Comprehensive Plan.
15 The Comprehensive Plan goals and policies, land use designations, and various elements
16 that apply to the area, including goals and policies that enact regulations and standards
17 D. Specific criteria for each shoreline environment designation. The specific criteria for
18 the aquatic, high-intensity, natural, shoreline residential, rural conservancy, and urban
19 conservancy shoreline environment designations are found in WAC 173-26-211(5). The
20 County may establish different shoreline environment designations, provided they are
21 consistent with the purposes and policies of the State SMP Guidelines.
22 Based on these four criteria, this chapter establishes the shoreline environment designations
23 used in the County. Each shoreline environment is described by a statement of purpose,
24 followed by designation criteria, and management policies specific to that shoreline
25 environment. The locations of the shoreline environments are illustrated in SMP Appendix 1:
26 Shoreline Environment Designation Maps.
Revised Draft Lewis County Shoreline Master Program 12 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3.01.01 AQUATIC
2 A. Purpose
3 The purpose of the Aquatic shoreline environment designation is to protect, restore,
4 and manage the unique characteristics and resources of shoreline jurisdiction
5 waterward of the OHWM.
6 B. Designation Criteria
7 Assign the Aquatic shoreline environment designation to lands waterward of the
8 OHWM.
9 C. Management Policies
10 Development within the Aquatic shoreline environment designation shall be consistent
11 with the following policies:
12 1. Allow new overwater structures only for water-dependent uses, public access, or
13 ecological restoration.
14 2. Limit the size of new overwater structures to the minimum necessary to support the
15 structure's intended use.
16 3. Encourage multiple uses of overwater facilities to reduce the impacts of
17 development and increase effective use of water resources in shoreline jurisdiction.
18 4. Minimize interference with surface navigation, consider impacts to public views, and
19 allow for the safe, unobstructed passage of fish and wildlife, particularly those
20 species dependent on migration in the location and design of all developments and
21 uses.
22 5. Design and manage shoreline uses and modifications to prevent degradation of
23 water quality and alteration of natural hydrographic conditions.
24 6. Prohibit uses that adversely affect the ecological functions of critical freshwater
25 habitats except where necessary to achieve the objectives of RCW 90.58.020, and
26 then only when the impacts are mitigated.
27 7. Reserve space in shoreline jurisdiction for shoreline preferred uses, while
28 considering upland and in-water uses, water quality, navigation, presence of aquatic
29 vegetation, existing critical habitats, aesthetics, public access, and views.
Revised Draft Lewis County Shoreline Master Program 13 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3.01.02 HIGH INTENSITY
2 A. Purpose
3 The purpose of the High Intensity shoreline environment designation is to provide for
4 high intensity water-oriented commercial and transportation uses while protecting
5 existing ecological functions and restoring ecological functions in shoreline jurisdiction
6 that have been degraded.
7 B. Designation Criteria
8 Assign the High Intensity shoreline environment designation to areas within shoreline
9 jurisdiction that currently support high intensity uses related to commerce, industry,
10 public facilities, or transportation, or are suitable for high intensity water-oriented uses.
11 Areas of shoreline jurisdiction assigned this designation should have the following
12 characteristics:
13 1. Can support high-intensity uses without degradation to existing shoreline function;
14 2. Designated by the Comprehensive Plan and zoning for high intensity, commercial,
15 industry, multifamily, public, or mixed-use development; and
16 3. Have few biophysical limitations to development such as floodways, floodplains,
17 steep slopes, or landslide hazard areas.
18 C. Management Policies
19 Development within the High Intensity shoreline environment designation shall be
20 consistent with the following policies:
21 1. Prioritize uses on sites with physical access the water in the following order of
22 preference:
23 a. Water-dependent
24 b. Water-related
25 c. Water-enjoyment
26 2. Allow for non-water-related uses within this designation where water-dependent
27 uses are not feasible, because a lake, river, or stream is unnavigable, or where there
28 is a developed roadway between the OHWM and the proposed use or this
29 designation is used as a parallel designation that is not adjacent to the OHWM.
Revised Draft Lewis County Shoreline Master Program 14 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3. Allow the development of new non-water-oriented uses either as part of a mixed-
2 use development or where the applicant can demonstrate that the use will not
3 conflict with or limit opportunities for water-oriented uses.
4 4. Design new development located in shoreline jurisdiction to result in no net loss of
5 ecological function.
6 5. Restore and remediate shoreline areas within new development sites consistent
7 with State and Federal laws.
8 6. Require visual and physical access where feasible with physical access prioritized
9 over visual access.
10 7. Require full use of existing urban lands in shoreline jurisdiction before expanding
11 intensive development.
12 3.01.03 NATURAL
13 A. Purpose
14 The purpose of the Natural shoreline environment designation is to protect those
15 shoreline areas that are relatively free of human influence or that include intact or
16 minimally degraded shoreline functions. Only low-intensity uses should be allowed in
17 order to maintain the ecological functions and ecosystem-wide processes.
18 B. Designation Criteria
19 The Natural shoreline environment designation will be assigned to shoreline areas that
20 are:
21 1. Ecologically intact and currently perform an important function or ecosystem-wide
22 process that would be damaged by human activity;
23 2. Ecosystems of particular scientific and educational interest; or
24 3. Unable to support new development or uses without significant adverse impacts to
25 ecological functions or risk to human safety.
26 Such shoreline areas include largely undisturbed portions of shoreline areas, wetlands,
27 and ecologically intact shoreline habitats that are found in lands under Federal
28 jurisdiction, such as Wilderness Areas.
Revised Draft Lewis County Shoreline Master Program 15 l P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 C. Management Policies
2 Development within the Natural shoreline environment designation shall be consistent
3 with the following policies:
4 1. Any use that would substantially degrade the ecological functions or natural
5 character of the shoreline area should be prohibited.
6 2. The following new uses should not be allowed in the Natural shoreline environment
7 designation:
8 a. Commercial uses;
9 b. Industrial uses;
10 c. Non-water-oriented recreation; and
11 d. Roads, utility corridors, and parking areas that can be located outside of the
12 Natural shoreline environment designation.
13 3. Scientific, historic, cultural, educational research uses, and low-intensity water-
14 oriented recreational uses that do not affect ecological functions may be allowed.
15 4. Single-family residential development may be allowed as a conditional use within
16 the Natural shoreline environment designation if its density and intensity is limited
17 as necessary to protect ecological functions and be consistent with the purpose of
18 this shoreline environment designation.
19 5. Low-intensity agricultural uses may be allowed as a conditional use in the Natural
20 shoreline environment designation when such use does not expand or alter
21 practices in a manner inconsistent with the purpose of the designation.
22 6. New development or significant vegetation removal that would reduce the
23 capability of vegetation to perform normal ecological functions should be
24 prohibited.
25 7. Subdivision of property in a configuration that will require significant vegetation
26 removal or shoreline modification that adversely affects ecological functions should
27 be prohibited.
28 3.01.04 RURAL CONSERVANCY
29 A. Purpose
30 The purpose of the Rural Conservancy shoreline environment designation is to protect
31 ecological functions, conserve existing natural resources and valuable historic and
Revised Draft Lewis County Shoreline Master Program 16 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 cultural areas, provide for sustained resource use, achieve natural floodplain processes,
2 and provide recreational opportunities in areas that are outside municipalities or urban
3 growth areas (UGAs). Examples of uses that are appropriate in the Rural Conservancy
4 shoreline environment designation include low-impact outdoor recreation uses, forest
5 production, agricultural uses, aquaculture, low intensity residential development, and
6 natural resource-based low-intensity uses.
7 B. Designation Criteria
8 The Rural Conservancy shoreline environment designation is assigned to areas outside
9 of UGAs or incorporated Cities in shoreline jurisdiction that:
10 1. Support low-intensity resource-based uses, such as agriculture, forest practices, or is
11 designated agricultural or forest lands in accordance with RCW 36.70A.170;
12 2. Accommodate low-intensity residential development subject to limitations caused
13 by physical features or lack of utilities or access;
14 3. Support human uses but are subject to environmental limitations, such as properties
15 that include or are adjacent to steep slopes, feeder bluffs, floodplains, channel
16 migration zones (CMZs), or other flood-prone areas;
17 4. Are of high recreational value;
18 5. Contain unique historic or cultural resources; or
19 6. Contain low-intensity water-dependent uses.
20 C. Management Policies
21 Development within the Rural Conservancy shoreline environment designation shall be
22 consistent with the following policies:
23 1. Uses in the Rural Conservancy shoreline environment designation should include
24 those that sustain the shoreline area's physical and biological resources and do not
25 substantially degrade ecological functions or the rural or natural character of the
26 shoreline area.
27 2. Water-dependent and water-enjoyment recreation facilities that do not deplete the
28 resource over time, such as boating and water access facilities, angling, hunting,
29 wildlife viewing trails, and swimming beaches, are preferred uses, provided
30 significant adverse impacts to the shoreline are mitigated.
Revised Draft Lewis County Shoreline Master Program 17 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3. Agriculture, aquaculture, forest practices, and low-intensity residential development
2 when consistent with provisions of the SMP are preferred uses.
3 4. Low-intensity, water-oriented commercial and industrial uses are limited to areas
4 where those uses have located in the past or at sites that possess conditions and
5 services to support the development.
6 5. Mining and related uses may be appropriate within the rural conservancy
7 environment when conducted in a manner consistent with the environment policies
8 and the provisions of WAC 173-26-241(3)(h) and when located consistent with
9 mineral resource lands designation criteria in accordance with RCW 36.70A.170 and
10 WAC 365-190-070.
11 6. Developments and uses that would substantially degrade or permanently deplete
12 the biological resources of the area should not be allowed.
13 7. Construction of new structural shoreline stabilization and flood control works should
14 be allowed when the documented need exists to protect an existing primary
15 structure or ecological functions. Mitigation may be necessary for such
16 construction. New development should be designed and located to preclude the
17 need for such work.Shoreline stabilization measures shall infringe on private
18 property rights to the minimum extent necessary.
19 8. Proposed residential development should be designed to ensure no net loss of
20 shoreline ecological functions and preserve the existing character of the shoreline.
21 3.01.05 SHORELINE RESIDENTIAL
22 A. Purpose
23 The purpose of the Shoreline Residential shoreline environment designation is to
24 accommodate residential development and accessory structures and uses that are
25 consistent with the SMP. An additional purpose is to provide appropriate public access
26 and recreational development.
27 B. Designation Criteria
28 The Shoreline Residential shoreline environment designation is assigned to the shoreline
29 areas that are predominantly residential or are planned and platted for residential
30 development. These areas contain the following characteristics:
31 1. They contain existing residential development or are proposed primarily for
32 residential development in Comprehensive Plans and zoning codes; and
Revised Draft Lewis County Shoreline Master Program 18 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 2. They do not contain significant environmental hazards or sensitive areas.
2 C. Management Policies
3 Development within the Shoreline Residential shoreline environment designation shall
4 be consistent with the following policies:
5 1. Preserve ecological functions by establishing development standards for shoreline
6 height, shoreline buffers, building setbacks, density, impervious surface coverage,
7 shoreline stabilization, critical area protection, and water quality protection to
8 assure no net loss of ecological functions in shoreline jurisdiction.
9 2. Provide public access and joint use for community recreational facilities, where
10 feasible and applicable for multifamily developments, residential developments
11 containing more than four lots, and recreational developments.
12 3. Ensure access, utilities, and public services are available and adequate to serve
13 existing needs and or planned future development.
14 4. Limit commercial development to water-oriented uses.
15 3.01.06 URBAN CONSERVANCY
16 A. Purpose
17 The Urban Conservancy shoreline environment designation is intended to provide for
18 ecological protection and rehabilitation in relatively undeveloped areas of the shoreline
19 jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented
20 recreational development, low intensity residential development, and limited
21 development suitable to lands characterized by ecological and flood hazard constraints.
22 B. Designation Criteria
23 The Urban Conservancy shoreline environment designation is assigned to areas within
24 UGAs that:
25 1. Are appropriate and planned for low-intensity agricultural, recreational, and
26 residential development that is compatible with maintaining or restoring the
27 ecological functions of the area in the shoreline jurisdiction and that are not
28 generally suitable for water-dependent uses;
29 2. Are suitable for water-related or water-enjoyment uses;
Revised Draft Lewis County Shoreline Master Program 19 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3. Possess development limitations, due to the presence of critical environmental
2 features including:
3 a. Erosion hazard areas;
4 b. Habitat areas;
5 c. Wetlands; or
6 d. Flood hazard areas;
7 4. Have the potential for development that is compatible with ecological restoration;
8 5. Retain important ecological functions, even though partially developed; or
9 6. Are undesignated areas in the UGAs.
10 C. Management Policies
11 Development within the Urban Conservancy shoreline environment designation shall be
12 consistent with the following policies:
13 1. Allow uses that preserve the natural character of the shoreline environment,
14 promote preservation of open space, floodway, floodplain, or critical areas directly,
15 or over the long-term as the primary allowed uses. Allow uses that result in
16 restoration of ecological functions if the use is otherwise compatible with the
17 purpose of the environment and setting.
18 2. Implement public access and public recreation objectives whenever feasible and
19 significant ecological impacts can be mitigated.
20 3. Give preferred water-oriented uses priority instead of non-water-oriented uses.
21 Water-dependent and recreational development should be given highest priority.
22 4. Ensure that standards for new development for shoreline stabilization measures,
23 vegetation conservation, water quality, and shoreline modifications do not result in
24 a net loss of ecological functions or degrade other shoreline values.
25
Revised Draft Lewis County Shoreline Master Program 20 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 3.02 INTERPRETATION OF SHORELINE ENVIRONMENT DESIGNATION
2 BOUNDARIES
3 3.02.01 SHORELINE ENVIRONMENT DESIGNATION MAPS
4 Shoreline environment designation maps are found in SMP Appendix 1: Shoreline Environment
5 Designation Maps and are based upon the best data available at the time of the update. As
6 shoreline areas change over time, these maps may no longer clearly identify the location and
7 boundaries of the shoreline environment designations. If the need arises to determine the
8 exact boundaries of a shoreline environment designation, the process outlined in SMP Section
9 3.02.02 should be used.
10 3.02.02 DETERMINING SHORELINE ENVIRONMENT DESIGNATION BOUNDARIES
11 A. If the exact location of a shoreline environment designation boundary line is unclear,
12 the following rules shall apply:
13 1. Boundaries that are shown as approximately following lot, tract, or section lines
14 shall be so construed.
15 2. Boundaries that are shown as approximately following roads or railroads shall be
16 respectively construed to follow the nearest right-of-way edge.
17 3. Boundaries that are shown as approximately parallel to or extensions of features
18 described in SMP Section 3.02.02(A)(1) or(2), shall be construed to be parallel to or
19 extensions of features in SMP Section 3.02.02(A)(1) or (2) when determining
20 boundaries.
21 4. Where boundary line adjustments or other modifications not indicated on the
22 official shoreline maps involve two or more parcels with different shoreline
23 environment designations, a designation of Rural Conservancy (or Urban
24 Conservancy if in an UGA), shall be assigned as the shoreline environment
25 designation for the subject properties. These designations will remain until the
26 shoreline environment designation can be redesignated through the SMP
27 amendment process found in SMP Section 7.09.
28 B. Any area that is within shoreline jurisdiction, as shown on the Shoreline Environment
29 Designation Maps, but which does not meet the criteria for shoreline jurisdiction shall
30 not be subject to the requirements of the County's SMP.The County shall rely on the
31 criteria contained in RCW 90.58.030(2) and WAC 173-22, as amended, to determine
32 shoreline jurisdiction. Map revisions shall require an SMP amendment consistent with
33 SMP Section 7.09.
Revised Draft Lewis County Shoreline Master Program 21 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 C. Corrections to the boundaries of shoreline environment designations on SMP maps
2 must be consistent with the requirements in SMP Section 3.02.02(A) and shall require
3 an SMP amendment consistent with SMP Section 7.09.
4 D. All shoreline areas waterward of the OHWM shall be designated Aquatic. All shoreline
5 areas landward of the OHWM shall be designated a shoreline environment designation
6 other than Aquatic.
7 E. Only one shoreline environment designation shall apply to a given shoreland area. In
8 the case of parallel designations, designations shall be divided along an identified linear
9 feature or clearly described boundary.
10 F. Unmapped portions of shoreline jurisdiction shall be automatically assigned a Rural
11 Conservancy shoreline environment designation, or if located in the UGA an Urban
12 Conservancy designation, until the area is redesignated through the SMP amendment
13 process found in SMP Section 7.09.
14 G. As authorized by WAC 173-26-150, the Cities planned for and designated shoreline
15 environments within their adopted UGAs. However, the Cities will not have regulatory
16 authority in these areas until they are annexed, unless there are interlocal agreements
17 in place with the County that establish such authority.
18
Revised Draft Lewis County Shoreline Master Program 22 I P a g e
Shoreline Environment Designations
Adopted September 21,2021
1 4 GENERAL POLICIES & REGULATIONS
2 4.01 INTRODUCTION
3 Building on the general SMP goals found in SMP Chapter 2: Shoreline Management Goals, the
4 following general policies and regulations apply to all developments, uses, or activities in any
5 shoreline environment designation in shoreline jurisdiction. The intent of the general policies
6 and regulations is to protect environmental resources, reduce likelihood of harm to life or
7 property from hazardous conditions, and promote access to shorelines.
8 Each section below contains a description of its purpose, followed by policies and regulations.
9 Policies are statements of principles that guide and determine present and future decisions.
10 Regulations are rules that govern developments, uses, or activities.
11 The policies and regulations contained in this chapter are derived from the SMA and the State
12 SMP Guidelines. The policies and regulations supplement other adopted ordinances and rules
13 and they are intended to ensure that no net loss occurs. Where there is discrepancy between
14 regulations, those regulations that provide greater protection to the resource shall apply in
15 accordance with SMP Section 1.07.
16
17 4.02 ARCHAEOLOGICAL AND HISTORIC RESOURCES
18 The purpose of this section is to prevent destruction or damage to sites containing irreplaceable
19 archeological or historic resources within shoreline jurisdiction. The policies and regulations
20 apply to areas of known or supposed archaeological and historic resources as recorded by the
21 Washington State Department of Archaeology and Historic Preservation (DAHP), the County,
22 affected tribes, as well as sites that are uncovered during site development.
23 4.02.01 POLICIES
24 A. Encourage consultation with professional archaeologists and historians to identify areas
25 containing potentially valuable archaeological or historic resources, and establish
26 procedures for salvaging the resource. Appropriate agencies to consult include, but are
27 not limited to, the Lewis County Historical Society, DAHP, the White Pass Country
28 Historical Society, the Confederated Tribes of the Chehalis Reservation, the Cowlitz
29 Indian Tribe, the Nisqually Indian Tribe, and the Quinault Indian Nation.
Revised Draft Lewis County Shoreline Master Program 23 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 B. Condition shoreline permits to allow for site inspection and evaluation, and ensure
2 proper salvage of archaeological and historic resources in areas known to contain such
3 resources.
4 C. Preserve archeological or historic sites permanently for scientific study and public
5 observation whenever feasible.
6 D. Prevent the destruction of or damage to a site that has been inadvertently uncovered
7 and has historic, cultural, scientific, or educational value as identified by the appropriate
8 authorities, including affected tribes and the DAHP.
9 E. Where development or demolition activity is proposed adjacent to an identified
10 archaeological or historic site, design and operate the proposed development to be
11 compatible with the continued protection of the site.
12 4.02.02 REGULATIONS
13 A. Permits issued in areas documented to contain archaeological resources shall require a
14 site inspection or evaluation by a professional archaeologist in coordination with
15 affected tribes and DAHP prior to any ground disturbance. Failure to complete a site
16 survey shall be considered a violation of the shoreline permit.
17 B. Where a professional archaeologist has identified an area or site as having significant
18 value, or where an area or site is listed in local, State, or Federal historical registers, the
19 Shoreline Administrator may condition the development approval to preserve the
20 features. Potential conditions may include measures to preserve or retrieve the
21 resources, modify the site development plan to reduce impacts, or mitigate the impacts
22 as authorized through the State Environmental Policy Act (SEPA), or other County, State,
23 or Federal laws.
24 C. The applicant shall stop work immediately and contact the County, the DAHP, and
25 affected tribes if any archaeological resources are uncovered during work within
26 shoreline jurisdiction.
27
28 4.03 ENVIRONMENTAL IMPACTS AND MITIGATION
29 This section addresses the requirements for no net loss of ecological functions in shoreline
30 jurisdiction by requiring mitigation for shoreline impacts. These provisions apply throughout
31 shoreline jurisdiction.
Revised Draft Lewis County Shoreline Master Program 24 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 4.03.01 POLICIES
2 A. Avoid or mitigate impacts in shoreline jurisdiction to ensure the standards of no net loss
3 to ecological function are met.
4 B. Proposals to impact and/or conduct mitigation actions on State-owned aquatic lands
5 should be reviewed by WDNR to ensure project feasibility.
6 4.03.02 REGULATIONS
7 A. The environmental impacts of development proposals shall be analyzed and include
8 measures to mitigate environmental impacts not otherwise avoided or mitigated by
9 compliance with the SMP and other applicable regulations.
10 B. Mitigation measures shall be considered and applied in the following sequence of steps,
11 listed in order of priority:
12 1. Avoiding the impact altogether by not taking a certain action or parts of an action;
13 2. Minimizing impacts by limiting the degree or magnitude of the action and its
14 implementation by using appropriate technology or by taking affirmative steps to
15 avoid or reduce impacts;
16 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
17 environment;
18 4. Reducing or eliminating the impact over time by preservation and maintenance
19 operations;
20 5. Compensating for the impact by replacing, enhancing, or providing substitute
21 resources or environments; and
22 6. Monitoring the impact and the compensation projects and taking appropriate
23 corrective measures.
24 C. In determining appropriate mitigation measures applicable to development in shoreline
25 jurisdiction, lower priority measures should be applied only where higher priority
26 measures are determined to be infeasible or inapplicable.
27 D. Mitigation shall not be required that exceeds what is necessary to assure the
28 development will result in no net loss of ecological functions in shoreline jurisdiction.
29 E. When compensatory measures are appropriate pursuant to the mitigation priority
30 sequence above, preferential consideration shall be given to measures that replace the
31 impacted functions directly and in the immediate vicinity of the impact. However,
Revised Draft Lewis County Shoreline Master Program 25 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 alternative compensatory mitigation measures that have been identified within a
2 watershed plan, and address limiting factors or other critical resource conservation
3 needs in the shoreline jurisdiction may be authorized. Authorization of compensatory
4 mitigation measures may require appropriate safeguards, terms, or conditions as
5 necessary to ensure no net loss of ecological functions.
6
7 4.04 CRITICAL AREAS AND SHORELINE VEGETATION CONSERVATION
8 This section is intended to protect and restore the ecological functions and ecosystem-wide
9 processes performed by critical areas, buffers, and vegetation in shoreline jurisdiction. Within
10 the SMP, buffers for lakes and streams that are Shorelines of the State are considered
11 "shoreline buffers" while the buffers for all other critical areas regulated under Lewis County
12 Code (LCC) Chapter 17.38 are called "critical areas buffers." Native vegetation conservation is
13 emphasized within both of the areas. Native vegetation supports many ecological functions or
14 processes in shoreline and critical area buffers, and retaining the vegetation will help the
15 County to meet the SMA requirement of no net loss of shoreline ecological functions.
16 Provisions for shoreline vegetation conservation within this section include regulations
17 regarding natural plant clearing, vegetation restoration, and the control of invasive weeds and
18 non-native species. These provisions apply to any activity, development, or use in shoreline
19 jurisdiction unless otherwise stated, whether or not that activity requires a shoreline permit.
20 Such activities include clearing, grading, grubbing, and trimming of vegetation. Provisions also
21 apply to vegetation protection and enhancement activities, but exclude agricultural activities
22 and activities covered under the FPA, unless otherwise stated.
23 SMP Appendix 2: Critical Areas Regulations applies to the management of critical areas in
24 shoreline jurisdiction in the County, including wetlands, critical aquifer recharge areas, fish and
25 wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas.
26 Exceptions to the applicability of the provisions in Appendix 2: Critical Areas Regulations within
27 shoreline jurisdiction are outlined in SMP Section 4.04.02(A) below.
28 4.04.01 POLICIES
29 A. Ensure no net loss of shoreline ecological functions through the effective integration of
30 the SMP with existing County critical areas regulations.
31 B. Include critical areas objectives in the protection and restoration of degraded ecological
32 functions and ecosystem-wide processes.
Revised Draft Lewis County Shoreline Master Program 26 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 C. Balance the various facets of the SMP in critical area regulations, including public access,
2 water-dependent uses, aesthetic considerations, and the maintenance of shoreline
3 ecological functions.
4 D. Protect and restore ecological functions and ecosystem-wide processes provided by
5 native vegetation along shorelines.
6 E. Explore opportunities to eliminate non-native vegetation and invasive species and
7 encourage the planting and enhancement of native vegetation within shoreline
8 jurisdiction.
9 F. Replant cleared and disturbed sites promptly after completion of any clearance or
10 construction. Use native vegetation in those locations where there was previously
11 native vegetation, or native or other species in those areas previously vegetated with
12 non-native or ornamental species.
13 G. Allow the selective pruning of trees for safety and view protection.
14 H. Conduct removal or modification of aquatic vegetation in a manner that minimizes
15 adverse impacts to native plant communities and wildlife habitats, and appropriately
16 handles and disposes of weed materials and attached sediments.
17 I. Permit clearing of vegetation associated with dike or levee maintenance as necessary to
18 provide protection from flood hazards.
19 4.04.02 REGULATIONS
20 A. Critical Areas Ordinance Adopted and Modified
21 1. Whether or not a shoreline permit or written statement of exemption is required,
22 the provisions of this section shall apply to all uses, alterations, or developments
23 within shoreline jurisdiction or shoreline buffers. All shoreline uses and activities
24 shall be located, designed, constructed, and managed to protect the ecological
25 functions and ecosystem wide processes provided by critical areas and shoreline
26 vegetation.
27 2. The Critical Areas Regulations adopted June 25, 2018 through Ordinance 1284, and
28 amended on September 14, 2021 through Ordinance 1327, which are contained in
29 the Lewis County Critical Areas Ordinance (CAO), LCC Chapter 17.38, and include LCC
30 17.10 (Definitions), are integral and applicable to the SMP, and are hereby adopted
31 by reference. All uses and development occurring within critical areas or their
Revised Draft Lewis County Shoreline Master Program 27 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 buffers within shoreline jurisdiction shall comply with these regulations except as
2 modified in SMP Section 4.04.02(A)(5) below.
3 3. LCC 15.35 Flood Damage Regulations applies within shoreline jurisdiction but is not
4 incorporated as specific regulations of this SMP.
5 4. If there are any conflicts or unclear distinctions between the provisions in LCC
6 Chapter 17.38, and this section, the requirements most consistent with the SMA
7 shall apply, as determined by the Shoreline Administrator.
8 5. To ensure consistency with the SMA, exceptions to the applicability of the
9 regulations in LCC Chapter 17.38 in shoreline jurisdiction are listed below:
10 a. Where there is a difference in a definition between the CAO and the SMP,the
11 SMP definition shall apply.
12 b. Within shoreline jurisdiction, critical area review, approval, notice, and appeal
13 periods/processes, shall be integrated with the associated shoreline permit or
14 exemption found in SMP Chapter 7: Shoreline Administration. If a development
15 is located within a special flood hazard area,the requirements of LCC 15.35,
16 including the need for a flood hazard zone permit shall be met.
17 c. In shoreline jurisdiction, the definition of hydric soil in LCC 17.10.080 does not
18 apply. The definition of hydric soils shall be derived from the language found in
19 the Natural Resources Conservation Service (NRCS) Field Indicators of Hydric
20 Soils in the United States, Version 8.2. United States Department of Agriculture,
21 NRCS. 2018, or as amended.
22 Within shoreline jurisdiction, the reasonable use and variance procedures in LCC
23 17.38.1010 are not available for relief from critical area standards. Instead,
24 applicants seeking relief from critical area standards shall apply for a shoreline
25 variance under SMP Section 7.04.03.
26 d. LCC 17.38.130 relating to activities allowed without a permit in critical areas and
27 buffers does not apply in shoreline jurisdiction. In shoreline jurisdiction, exempt
28 activities are limited to those listed in 7.04.04(B) and require review.
29 Exemptions are from the permit process only and not from the standards of the
30 SMP, including the critical area regulations and the requirements for no net loss.
31
32
Revised Draft Lewis County Shoreline Master Program 28 I P a g e
General Policies& Regulations
Adopted September 21,2021
1 e. LCC 17.38.280(1)— Reduction in Buffer Width by Reducing the Intensity of Land
2 Use Impacts. In shoreline jurisdiction, buffer width reduction is addressed in
3 SMP Section 4.04.02(C)(2).
4 f. LCC 17.38.280(2)— Reductions in Buffer Widths Where Existing Roads or
5 Structures Lie within the Buffer. In shoreline jurisdiction, interrupted buffer is
6 addressed in SMP Section 4.04.02(C)(3).
7 g. LCC 17.38.280(3)—Common Line Buffers. In shoreline jurisdiction, common line
8 buffer is addressed in SMP Section 4.04.02(C)(4).
9 h. LCC 17.38.290— Buffer width averaging. In shoreline jurisdiction, buffer
10 averaging is addressed in SMP Section 4.04.02(C)(1).
11 i. LCC 17.38.430— Buffer width reduction or averaging. In shoreline jurisdiction,
12 buffer averaging, interrupted buffer, and common line are addressed in SMP
13 Section 4.04.02(C)(1), Section 4.04.02(C)(3), and Section 4.04.02(C)(4).
14 j. LCC 17.38.080—General mitigation requirements. In shoreline jurisdiction, on-
15 site mitigation activities (LCC 17.38.080(4)(a) may include, but are not limited to,
16 planting native vegetation, installing low impact development (LID) facilities such
17 as rain gardens to mitigate stormwater impacts, installing large woody debris,
18 and removing bulkheads or other hard shoreline stabilization structures.
19 Mitigation projects involving instream work such as the installation of large
20 woody debris shall be designed to ensure there are no adverse effects to
21 upstream or downstream properties. Off-site mitigation (LCC 17.38.080(4)(b)
22 shall occur in a similar habitat type as the project impact and in a location that
23 will provide the greatest ecological benefit to affected species or habitats and
24 have the greatest likelihood of success.
25 k. LCC 17.38.630—Standards. In shoreline jurisdiction, uses and activities that may
26 be authorized in CMZs are listed in SMP Section 4.05.02(F).
27 I. LCC 15.35.310—Floodways. Within shoreline jurisdiction, uses and activities that
28 may be authorized within floodways or the SMP flood course are listed in SMP
29 Section 4.05.02(F).
30 6. The provisions of the County's critical areas regulations do not extend shoreline
31 jurisdiction beyond the limits specified in SMP Section 1.06.01.
Revised Draft Lewis County Shoreline Master Program 29 I P a g e
General Policies& Regulations
Adopted September 21,2021
1 B. Shoreline Buffers
2 1. The required critical area buffers for Type S streams, as established in SMP Table 4-
3 1: Shoreline Buffers, shall be considered shoreline buffers.
4 2. The minimum required aquatic habitat critical area buffers for lakes, as established
5 in SMP Table 4-1: Shoreline Buffers, shall be considered shoreline buffers.
6 3. The buffers for all other critical areas shall be established in accordance with the
7 standards of LCC Chapters 17.38, except as modified by SMP Section 4.04.02(A).
8 4. New uses and development that are not water-dependent, water-related, or water-
9 enjoyment, accessory to water-dependent, water-related, or water-enjoyment uses
10 or development, or that do not facilitate public access to waters of the State
11 generally will not be authorized in shoreline buffers. Some uses or developments
12 not meeting the criteria above may be authorized through buffer averaging or
13 through issuance of a shoreline variance.
14 5. SMP Table 4-1: Shoreline Buffers establishes shoreline buffers by shoreline
15 environment designation.
16 6. Shoreline buffers shall be measured horizontally in a landward direction from the
17 OHWM.
18 7. "N/A" in SMP Table 4-1: Shoreline Buffers means the requirement is not applicable.
19 8. The minimum shoreline buffer from the OHWM for a particular use is determined by
20 finding the use and the most appropriate subcategory row and then finding the
21 intersection with the appropriate shoreline environment designation column.
22 9. Building setbacks of 15 feet are required from the landward edge of the shoreline
23 buffer in accordance with LCC 17.38.1030. Building setbacks are used to protect the
24 shoreline buffer from disturbance during construction and from the impacts related
25 to use of a structure. Where no shoreline buffer is required in Table 4-1, no building
26 setback shall be required.
Revised Draft Lewis County Shoreline Master Program 30 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 Table 4-1: Shoreline Buffers
c a
), a) ro Ct =
TO
Standard Shoreline Buffer -c c f
to C L L
from the OHWM (1) ± v, o -0 co
c - wit, � o z
cc U
Agriculture (New agricultural activities
only)
High intensity agricultural uses 100 feet 100 feet 100 feet 100 feet
Low intensity agricultural uses 50 feet 50 feet 50 feet 50 feet
Aquaculture
Water-dependent structures and uses 0 feet 0 feet 0 feet N/A
Water-related structures and uses 75 feet 75 feet 75 feet N/A
Non-water-dependent structures and
150 feet 150 feet 150 feet N/A
uses
Boating and Water Access facilities
Water-dependent structures and uses 0 feet 0 feet 0 feet N/A
Water-related and water-enjoyment 75 feet 75 feet 75 feet N/A
structures and uses
Non-water-dependent structures and
150 feet 150 feet 150 feet N/A
uses
Commercial Development
Water-dependent structures and uses 0 feet 0 feet 0 feet N/A
Water-related and water-enjoyment
75 feet 75 feet 75 feet N/A
structures and uses
Non-water-oriented structures and uses (2) (2) (2) N/A
Forest Practices (3) 150 feet 150 feet 150 feet 200 feet
Industrial Development
0 feet
Water-dependent structures and uses 0 feet N/A (4) N/A
75 feet
Water-related structures and uses 75 feet N/A (4) N/A
Non-water-oriented structures and uses (5) N/A (4)(5) N/A
Mining 150 feet N/A 150 feet N/A
Parking 150 feet 150 feet 150 feet N/A
Revised Draft Lewis County Shoreline Master Program 31 I P a g e
General Policies&Regulations
Adopted September 21,2021
c u
> a) To u
To
Standard Shoreline Buffer -c _ > >
from the OHWM (1) ± . o
c N 3 o z
re
Recreational Development(6)
Water-dependent structures and uses 0 feet 0 feet 0 feet 0 feet
Water-related and water-enjoyment
75 feet 75 feet 75 feet 100 feet
structures and uses
Non-water-oriented structures and uses 150 feet 150 feet 150 feet N/A
Residential Development 150 feet 150 feet 150 feet 200 feet
Transportation Facilities
Bridges for motorized and non-
0 feet 0 feet 0 feet 0 feet
motorized uses
Expansion of roads within existing right (7) (7) (7) (7)
of-way
New roads related to permitted
shoreline uses (8) (8) (8) (8)
Expansion of roads outside of a right-of-
way or relocation of existing roads (8) (8) (8) (8)
Utilities
Water-dependent structures 0 feet N/A 0 feet N/A
Water-related structures 75 feet N/A 75 feet N/A
150 feet 150 feet
Non-water-oriented structures (9) N/A (9) N/A
Transmission facilities (10) (10) (10) (10)
1
2 Notes:
3 (1) Reductions in the shoreline buffer from the OHWM may be authorized according to
4 the standards in SMP Section 4.04.02(C) below.
5 (2) Non-water oriented commercial uses are only allowed subject to 5.08.02(B).
6 (3) Other than conversions to nonforest land use and harvest on Shorelines of Statewide
7 Significance, forest practices regulated under Chapter 76.09 RCW are not subject to
Revised Draft Lewis County Shoreline Master Program 32 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 additional regulations under this SMP. For the standards for forest practices subject to
2 the SMP, see Section 5.09.02.
3 (4) Industrial uses in the Rural Conservancy shoreline environment designation are limited
4 to low intensity, water-oriented uses where those uses have located in the past, or at
5 unique sites in rural communities that possess shoreline conditions and services to
6 support the use.
7 (5) Non-water-oriented industrial uses are only allowed subject to 5.10.02(B).
8 (6) Passive, water-oriented recreational uses are allowed within shoreline buffers subject
9 to 5.13.02(E).
10 (7) Only allowed within existing right-of-way.
11 (8) Only allowed within shoreline jurisdiction when no other option for the location of the
12 facility exists in accordance with SMP Section 5.16.02.
13 (9) Only allowed within shoreline jurisdiction when no other option for the location of the
14 facility exists in accordance with SMP Section 5.17.02.
15 (10) Transmission facilities shall be sited in accordance with 4.04.02(D), or in an existing
16 road right-of-way.
17 C. Buffer Width Reduction Options
18 Shoreline and critical area buffers, with the exception of geologically hazardous areas
19 buffers, may be reduced using the following procedures. Only one buffer width
20 reduction option below may be selected per development:
21 1. Buffer Averaging
22 The width of a buffer may be averaged following the requirements of LCC 17.38.290
23 and LCC 17.38.430, thereby reducing the width of a portion of the buffer and
24 increasing the width of another portion of the buffer.
25 2. Buffer Width Reduction
26 Reductions of certain buffers may be approved administratively if buffer averaging in
27 SMP Section 4.04.02(C)(1), common line buffer in SMP Section 4.04.02(C)(3), or
28 interrupted buffer provisions in SMP Section 4.04.02(C)(4) are infeasible, following
29 the requirements of LCC 17.38.280(1). The buffer width reduction:
Revised Draft Lewis County Shoreline Master Program 33 I P a g e
General Policies& Regulations
Adopted September 21,2021
1 a. Shall include appropriate measures to reduce potential impacts from LCC
2 17.38.280(1)(b).
3 b. Shall be designed to ensure no net loss of shoreline ecological functions occurs
4 when the reduction is utilized.
5 3. Common Line Buffer(Applicable to Shoreline Buffers Only)
6 To accommodate adequate shoreline views comparable to adjacent existing
7 residences, the Shoreline Administrator may reduce the shoreline buffer for a new
8 single-family residence consistent with the following criteria:
9 a. The proposed residence must be located within 300 feet of an adjacent legally
10 established single-family residential primary structure that encroaches on the
11 shoreline buffer. Accessory structures such as sheds or garages shall not be used
12 to determine a common line buffer.
13 b. For the purpose of this standard, the nearest corners of the adjacent residences
14 are those closest to the side-yard property line of the proposed residence.
15 c. Existing Residences on Both Sides: Where there are existing residences adjacent
16 on both sides of the proposed residence, the buffer shall be determined as the
17 greater of either:
18 1) A common line drawn between the nearest corners of each adjacent
19 residence, or
20 2) A common line calculated by the average of both adjacent residences'
21 existing setbacks from the OHWM.
22 d. Existing Residence on One Side: Where there is only one existing residence
23 adjacent to the proposed residence, the common line buffer shall be determined
24 as the greater of either:
25 1) A common line drawn between nearest corner of the foundation for the
26 adjacent residence and the nearest point of the standard buffer on the
27 adjacent vacant lot; or
28 2) A common line calculated by the average of the adjacent residence's setback
29 from the OHWM and the standard buffer for the adjacent vacant lot.
Revised Draft Lewis County Shoreline Master Program 34 I P a g e
General Policies& Regulations
Adopted September 21,2021
INorwontonning House
Proposed House
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3
4 4. Interrupted Buffer Provisions
5 a. The Shoreline Administrator may allow a reduced buffer where a legally
6 established substantial improvement such as a road, railroad, or structure serves
7 to eliminate or greatly reduce the impact of a proposed activity upon a wetland
8 or shoreline buffer.
9 b. Where such a substantial improvement exists, the buffer may be reduced to the
10 waterward edge of the existing substantial improvement.
Revised Draft Lewis County Shoreline Master Program 35 I P a g e
General Policies& Regulations
Adopted September 21,2021
1 c. If a project has the potential to impact the functions of a shoreline or wetland, or
2 its buffer, even though such an improvement exists, the Shoreline Administrator
3 shall require the applicant to submit a critical area report to ensure that no-net
4 loss of shoreline ecological functions will occur.
5 d. As used within this section only, substantial improvements shall include
6 developed public infrastructure such as roads and railroads, and private
7 improvements such as homes or commercial structures. Substantial
8 improvements shall not include paved trails, sidewalks, private driveways,
9 parking areas, or accessory buildings that do not require a building permit.
10
Existing Road--\,, Standard Buffer_ _
Existing Railroad -7!,
j/
A Existing Non-
/
Conforming
Structure
.
lit
I
Shoreline(O.H.W.M)
/ ,% Reduced Buffer Area
11
12 D. General Buffer Regulations
13 1. Shoreline Buffers
14 The following new uses and activities are allowed within shoreline buffers without a
15 shoreline variance, when located, constructed, and maintained in a manner that
16 minimizes adverse impacts on shoreline ecological functions, and when otherwise in
17 compliance with this SMP:
Revised Draft Lewis County Shoreline Master Program 36 I P a g e
General Policies&Regulations
Adopted September 21,2021
1 a. Uses and activities authorized to locate in shoreline buffers in SMP Chapter 5:
2 Specific Shoreline Use Policies and Regulations, SMP Chapter 6: Shoreline
3 Modification Policies and Regulations, and LCC 17.38.130.
4 b. Accessory Uses. Uses and development accessory to water-dependent uses shall
5 be located outside the shoreline buffer unless at least one of the following
6 criteria is met:
7 1) A location in the shoreline buffer is necessary for operation of the primary
8 water-dependent use or development, such as a road to a boat launch
9 facility; or
10 2) The accessory use is on legally established public lands and is primarily
11 related to access, enjoyment, and use of the water; and the use does not
12 conflict with or limit opportunities for other water-oriented uses.
13 c. Essential Public Facilities. Essential public facilities, as defined by RCW
14 36.70A.200, may be located and expanded in the shoreline buffer if the use
15 cannot be reasonably accommodated or accomplished outside of the standard
16 or reduced shoreline buffer.
17 1) Essential public facilities must demonstrate that alternative sites are not
18 available.
19 2) These uses must be designed and located to minimize intrusion into the
20 shoreline buffer and shall be consistent with the mitigation sequence in SMP
21 Section 4.03 and applicable critical area regulations.
22 d. Water-oriented education, scientific research, and passive recreational uses.
23 These uses may include, but are not limited to fishing, bird watching, hiking,
24 hunting, boating, horseback riding, skiing, swimming, canoeing, and bicycling.
25 Such uses are allowed within shoreline buffers provided the use does not include
26 construction. Wildlife viewing structures and permeable trails or raised
27 boardwalks may be allowed on a limited basis within riparian and wetland
28 buffers in accordance with the mitigation sequence in SMP Section 4.03 and
29 applicable critical area regulations.
30 e. Site investigative work necessary for land use application submittals such as
31 surveys, soil logs, drainage tests, and other related work, including monitoring of
32 restoration or mitigation sites. In every case, shoreline buffer impacts should be
33 avoided or minimized and disturbed areas shall be immediately restored.
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1 2. Critical Areas Buffers
2 The uses and activities allowed within critical areas buffers in LCC Chapter 17.38.130
3 as modified in 4.04.02(A)(5)(h), and riparian buffers for waters that are not
4 Shorelines of the State per LCC 17.38.470, may be allowed without a shoreline
5 variance, when located, constructed, and maintained in a manner that minimizes
6 adverse impacts on shoreline ecological functions, and in compliance with the SMP.
7 E. Vegetation Conservation Standards
8 1. Shoreline buffers protect the ecological functions of the shoreline, help to reduce
9 the impacts of land uses on the water body or aquatic resource, and provide a
10 transition between aquatic and upland areas.
11 2. Authorized uses shall be designed to avoid removing existing native vegetation to
12 the maximum extent feasible within shoreline and critical areas buffers consistent
13 with safe construction practices, and other provisions of this section. Any impacts to
14 existing native vegetation must follow the mitigation sequence in SMP Section 4.03
15 above and comply with any applicable critical area regulations, as modified in SMP
16 Section 4.04.02(A) above.
17 3. Removal of vegetation within shoreline and critical areas buffers shall require a
18 critical area report and/or a mitigation plan in coordination with the requirements of
19 the applicable critical areas regulations. The Shoreline Administrator may require a
20 critical area report for CAO-exempt activities if necessary to document compliance
21 with the provisions in the SMP.
22 4. Removal of native vegetation from shoreline buffers must be compensated at a
23 minimum 1:1 ratio, which the Shoreline Administrator may increase if necessary to
24 assure no net loss of shoreline ecological functions. Increases may be necessary to
25 compensate for temporal losses, uncertainty of performance, and differences in
26 ecological functions and values.
27 5. Mitigation ratios shall be based on a scientifically valid measure of habitat function,
28 value, and area. Critical area reports shall include a description of how the proposal
29 complies with the mitigation sequence in SMP Section 4.03 and how mitigation
30 areas will be monitored and maintained to ensure no net loss of shoreline ecological
31 functions.
32 6. Vegetation conservation standards shall not apply retroactively to existing, legally
33 established uses and developments. Existing, lawfully established landscaping and
Revised Draft Lewis County Shoreline Master Program 38 I P a g e
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1 gardens within shoreline buffers may be maintained in their existing condition. In
2 the context of this regulation, maintenance includes, but is not limited to, mowing
3 lawns, weeding, removal of noxious and invasive species, harvesting and replanting
4 of garden crops, pruning, and replacement planting of ornamental vegetation or
5 indigenous native species to maintain the condition and appearance of such areas.
6 7. Clearing of invasive, noxious non-native vegetation in shoreline buffers is allowed by
7 hand labor or with light equipment. Removal of noxious weeds as listed by the State
8 in Chapter 16-750 WAC is allowed in a manner consistent with State Noxious Weed
9 Control Board regulations. Native vegetation shall be promptly reestablished in the
10 disturbed area.
11 8. In shoreline buffers, pruning shall comply with the National Arborist Association
12 pruning standards, unless the tree is a hazard tree as defined in LCC 17.10.080.
13 Trees that are felled in shoreline buffers should be left in place.
14 9. In those instances where the management of vegetation required by this Section
15 conflicts with provisions in State, Federal or other flood hazard agency documents
16 that govern licensed or certified flood hazard reduction measures, the requirements
17 of the SMP will not apply. The applicant shall submit documentation of conflicting
18 provisions with a shoreline permit application and shall comply with all other
19 provisions of the SMP that are not strictly prohibited by certifying or licensing
20 agencies.
21 F. Revegetation
22 1. Surfaces that are cleared of vegetation in shoreline or critical area buffers, aside
23 from normal maintenance described in SMP Section 4.04.02(E)(6), and are not
24 developed must be replanted within one year. Replanted areas shall be planted and
25 maintained such that within three years the vegetation cover is at least 90%
26 reestablished.
27 2. Vegetation shall be planted in similar quantities and species to what existed
28 previously on the site to achieve no net loss of ecological function. Disturbed
29 ornamental landscapes, including grass, may be replaced with similar species, unless
30 mitigation is necessary to address project impacts.
31 3. Native plants are preferred for all revegetation. Non-native species on the County's
32 list of invasive species shall not be allowed.
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1 G. Aquatic Vegetation Control
2 1. Aquatic vegetation control shall only occur when native plant communities and
3 associated habitats are threatened or where an existing water-dependent use is
4 restricted by the presence of weeds. Aquatic vegetation control shall occur in
5 compliance with all other applicable laws and standards, including WDFW
6 requirements such as the Aquatic Plants and Fish Pamphlet, which serves as the
7 Hydraulic Project Approval (HPA) for some types of aquatic weed or plant control
8 and removal.
9 2. The application of herbicides or pesticides in lakes, canals, wetlands, or ditches
10 requires a permit from Ecology and may require preparation of a SEPA checklist for
11 review by other agencies. The applicator must have a pesticide applicator license
12 from the Washington State Department of Agriculture.
13
14 4.05 FLOOD HAZARD MANAGEMENT
15 This section applies to actions taken to reduce flood hazards in shoreline jurisdiction as well as
16 uses, development, and shoreline modifications that may increase flood hazards.
17 Measures to reduce flood hazards may consist of:
18 • Nonstructural measures, such as shoreline buffers, land use controls, wetland
19 restoration, dike removal, use relocation, biotechnical measures, and stormwater
20 management programs; and
21 • Structural measures, such as dikes, levees, revetments, floodwalls, dams, channel
22 realignment, and elevation of structures consistent with the National Flood Insurance
23 Program.
24 The County currently implements flood hazard management through:
25 • The Lewis County Comprehensive Plan;
26 • The Lewis County CAO;
27 • The latest edition of the Stormwater Management Manual as prepared by Ecology;
28 • The Lewis County Comprehensive Flood Hazard Management Plan;
29 • The Lewis County Multi-Jurisdictional Hazard Mitigation Plan;
30 • Chehalis River Basin Comprehensive Flood Hazard Management Plan;
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1 • Watershed Management Plans; and
2 • CMZ studies including the Geomorphic Evaluation and Channel Migration Zone Analysis
3 Addendum Cowlitz River, near Packwood and Randle, Lewis County, Washington.
4 Standards for shoreline stabilization measures are addressed in SMP Chapter 6: Shoreline
5 Modification Policies and Regulations.
6 4.05.01 POLICIES
7 A. Assure flood hazard protection measures do not result in a net loss of shoreline
8 ecological functions.
9 B. Facilitate returning river and stream conditions to more natural hydrological conditions
10 where feasible and appropriate.
11 C. Achieve flood hazard management through a coordinated and integrated approach of
12 plans, regulations, and programs.
13 D. Prefer nonstructural flood hazard management measures to structural measures where
14 feasible. New structural flood hazard reduction measures should only be allowed when
15 demonstrated to be necessary, nonstructural methods are insufficient, and mitigation is
16 accomplished.
17 E. Limit development and shoreline modifications that interfere with the natural process
18 of channel migration within the CMZ.
19 4.05.02 REGULATIONS
20 A. All proposed flood hazard management measures shall comply with the County's
21 Comprehensive Flood Hazard Management Plan.
22 B. Development in floodplains shall not increase flood hazards.
23 C. No development is allowed within the SMP flood course or floodway in shoreline
24 jurisdiction, unless a hydraulics and hydrology study shows that it is:
25 1. Not in a SMP flood course or floodway; or
26 2. Will not impact the pre-project base flood elevations,floodway elevations, or
27 floodway data widths.
28 D. Within the CMZ, SMP flood course or floodway, new development or uses, including
29 subdivision of land, shall not be established when it would be reasonably foreseeable
30 that the development or use would require new structural flood hazard reduction
31 measures.
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1 E. New development within floodways, the SMP flood course, and the CMZ shall not
2 interfere with the process of channel migration or cause a net loss of ecological
3 functions. If existing CMZ studies are not available for an area of known channel
4 migration, a site analysis may be required to ensure that development does not
5 interfere with the process of channel migration. Areas of known channel migration are
6 shown in the SMP Map Folio Figure 28 in the Shoreline Inventory and Characterization.
7 F. Development in the CMZ, SMP flood course, and floodways, is limited to:
8 1. Actions that protect or restore ecosystem-wide processes or ecological functions;
9 2. Forest practices in compliance with the FPA;
10 3. Existing and ongoing agricultural practices, provided no new restrictions to channel
11 movement occur;
12 4. Mining uses conducted consistent with the shoreline environment designation and
13 the provisions of WAC 173-26-241(3)(h);
14 5. Bridges, utility lines, and other public utility and transportation structures where no
15 other feasible alternative exists or the alternative would result in an unreasonable
16 and disproportionate cost;
17 6. Repair and maintenance of an existing legal use, provided that the repair and
18 maintenance does not cause significant ecological impacts or increase flood hazards
19 to other uses;
20 7. Modifications or additions to an existing nonagricultural legal use, provided that
21 channel migration is not further limited and that the new development includes
22 appropriate protection of ecological functions;
23 8. Development in UGAs, as defined in Chapter 36.70A RCW, where existing structures
24 prevent active channel movement and flooding; or
25 9. Measures to reduce shoreline erosion, if it is demonstrated that the erosion rate
26 exceeds that which would normally occur in a natural condition, the measure does
27 not interfere with fluvial hydrological and geomorphological processes normally
28 acting in natural conditions, and the measure includes appropriate mitigation of
29 impacts to ecological functions associated with the river or stream.
30 G. New structural flood hazard management measures may be permitted if consistent with
31 applicable provisions in SMP Chapter 6: Shoreline Modification Policies & Regulations.
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1 H. New publicly-funded structural flood hazard management measures, including dikes and
2 levees, shall dedicate and improve public access except in those instances as listed in
3 SMP Section 4.06.02(B).
4 I. Removal of gravel for flood management purposes shall be permitted only after a
5 biological and geomorphological study demonstrates that the extraction:
6 1. Provides a long-term benefit to flood hazard management;
7 2. Does not result in a net loss of ecological functions; and
8 3. It is part of a comprehensive flood management solution.
9
10 4.06 PUBLIC ACCESS
11 This section applies to shoreline public access. As provided in WAC 173-26-221(4), public
12 access to the Shorelines of the State is the ability of the public "...to reach, touch, and enjoy the
13 water's edge,to travel on the waters of the State, and to view the water and the shoreline from
14 adjacent locations." Allowing for appropriate public access to Shorelines of the State is a key
15 component of the SMA.
16 4.06.01 POLICIES
17 A. Protect and enhance the public's visual and physical access to Shorelines of the State to
18 the greatest extent feasible.
19 B. Increase the amount and diversity of public access opportunities to shorelines where
20 appropriate and consistent with adopted parks and recreation plans, the natural
21 shoreline character, private property rights, public safety, and public rights under the
22 Public Trust Doctrine.2
23 C. Design public access to minimize potential impacts to private property.
24 D. Ensure public access opportunities do not include the right to enter or cross private
25 property, except where dedicated public rights-of-way or easements are established or
26 where a development is specifically designed to accommodate public access.
2 The"public trust doctrine"is a common law principle holding that"the waters of the state are a public resource
owned by and available to all citizens equally for the purposes of navigation,conducting commerce,fishing,
recreation,and similar uses." While the doctrine"protect(s)public use of navigable waterbodies below the
OHWM,"the doctrine"does not allow the public to trespass over privately owned uplands to access the
tidelands." See:http://www.ecy.wa.gov/programs/sea/sma/laws_rules/public_trust.html.
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1 E. Maintain, enhance, and increase public access in accordance with the following
2 priorities unless found infeasible:
3 1. Maintain existing public access sites and facilities, rights-of-way, and easements.
4 2. Enhance public access opportunities on existing public lands and easements.
5 3. Acquire property or easements to add opportunities for public access to shorelines.
6 Tailor acquisitions to implement adopted plans or to protect areas that hold unique
7 value for public enjoyment.
8 4. Encourage public access to shorelines as part of shoreline development.
9 F. Ensure shoreline development plans by public entities, including the County, port
10 districts, State agencies, and public utility districts, include public access measures
11 unless it is unsafe, unsecure, or negatively affects the shoreline environment.
12 G. Ensure that development minimizes interference with the public's visual access to the
13 water through standards for design, construction, and operation. Provisions such as
14 maximum shoreline height limits, shoreline buffers, and building setbacks should each
15 be considered to preserve and/or enhance views from private or public property.
16 4.06.02 REGULATIONS
17 A. Shoreline public access shall be required for the following shoreline developments and
18 uses:
19 1. Shoreline recreation in accordance with SMP Section 5.13;
20 2. New structural public flood hazard reduction measures, such as dikes and levees;
21 3. Shoreline development by public entities, including the County, port districts, State
22 agencies, and public utility districts;
23 4. New marinas when water-enjoyment uses are associated with the marina; and
24 5. All other development and use types that are required to incorporate shoreline
25 public access as identified in the SMP, or other State or Federal requirements.
26 B. Shoreline public access is not required when any of the following conditions are present:
27 1. The subdivision of land into four or fewer parcels;
28 2. A development consisting of a building containing four or fewer dwelling units;
29 3. Unavoidable health or safety hazards to the public exist that cannot be prevented by
30 any feasible means;
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1 4. Inherent security requirements of the use cannot be satisfied through the
2 application of alternative design features or other solutions;
3 5. Significant environmental impacts will result from the public access that cannot be
4 mitigated;
5 6. Significant undue and unavoidable conflict between any access provisions and the
6 proposed or adjacent uses would occur and cannot be mitigated;
7 7. The cost of providing the access, easement, or amenity is unreasonably
8 disproportionate to the total long-term cost of the proposed development;
9 8. Legal limitations preclude public access;
10 9. The subject site is separated from the shoreline waterbody by intervening public or
11 private improvements such as roads, railroads, existing structures, and/or other
12 similar improvements, and public access is not desirable or feasible; or
13 10. Adequate public access already exists along the subject shoreline and there are no
14 gaps or enhancements that need to be addressed;
15 C. In addressing SMP Section 4.06.02(B) above, the applicant must demonstrate that all
16 feasible alternatives to allow public access have been exhausted, including:
17 1. Regulating access by such means as limiting hours of use to daylight hours;
18 2. Separating uses by such means as fences, terracing, landscaping, signage, etc.;
19 3. Providing access that is physically separated from the proposal, such as a nearby
20 street end, an offsite viewpoint, or a trail system; or
21 4. Where physical access is not feasible, visual access shall be provided instead.
22 D. A determination that no physical or visual public access is feasible must be supported by
23 the Shoreline Administrator within the findings in the underlying permit.
24 E. Public access shall be designed to achieve no net loss of ecological functions. Where
25 impacts are identified, mitigation shall be required.
26 F. Physical public access shall be designed to connect to existing public rights-of-way or
27 existing or future public access points on adjacent or abutting properties. Appropriate
28 design and safety standards should be utilized in the design of the access.
29 G. Public access facilities shall be compatible with adjacent private properties using
30 vegetative buffering or other techniques to define the separation between public and
31 private space.
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1 H. Where there is an irreconcilable conflict between water-dependent shoreline uses,
2 physical public access, and maintenance of views from adjacent properties, water-
3 dependent uses and physical public access shall have priority, unless there is a
4 compelling reason to the contrary.
5 I. Public access easements or tracts and relevant permit conditions shall be recorded as a
6 separate document or on the face of a plat or short plat. Recording with the Lewis
7 County Auditor shall occur prior to or at the time of permit approval.
8 J. The applicant shall construct, install, and maintain approved signs that indicate the
9 public's right to access the shoreline and the hours of operation for the shoreline access.
10 These signs shall be placed in conspicuous locations at public access sites. Where public
11 access is prohibited, property owners may install signs subject to size and location
12 restrictions found in SMP Section 5.15 that indicate that no public access is permitted.
13 K. Required public access sites must be fully developed and available for public use at the
14 time of occupancy or use of the development.
15 L. The County may not vacate any road, street, or alley abutting a body of water except as
16 provided under RCW 35.79.035.
17
18 4.07 WATER QUALITY
19 This section articulates policies and regulations to prevent impacts to the quality of ground and
20 surface waters and stormwater impacts that could affect aesthetic qualities, recreational
21 opportunities or result in a net loss of ecological functions.
22 4.07.01 POLICIES
23 A. Use existing regulations to protect surface water quality and quantity within Lewis
24 County.
25 4.07.02 REGULATIONS
26 A. All development in shoreline jurisdiction shall comply with the appropriate
27 requirements of the SMP and the latest edition of the Stormwater Management Manual
28 as prepared by Ecology.
29 B. Septic systems should be located as far landward of the OHWM and flood course as
30 feasible. Where the systems cannot be located outside of a shoreline or critical area
31 buffer, the system may be sited in accordance with the requirements in 4.04.02(D).
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1 C. Uses in Critical Aquifer Recharge Areas shall meet the applicable requirements in LCC
2 17.35 or 17.35A.
3 D. Potentially harmful materials, including but not limited to oil, chemicals, tires, or
4 hazardous materials, shall not be allowed to enter any body of water or wetland, or be
5 discharged onto the land in shoreline jurisdiction. Potentially harmful materials should
6 be stored outside of shoreline jurisdiction if feasible, and shall be maintained in safe and
7 leak-proof containers.
8 E. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25 feet of a
9 water body, except by a qualified professional in accordance with State and Federal
10 laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al.,
11 v. EPA shall not be applied within 60 feet for ground applications or within 300 feet for
12 aerial applications of the subject water bodies and shall be applied by a qualified
13 professional in accordance with State and Federal law.
14
Revised Draft Lewis County Shoreline Master Program 47 I P a g e
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Adopted September 21,2021
1 5 SPECIFIC SHORELINE USE POLICIES &
2 REGULATIONS
3 5.01 INTRODUCTION
4 Building on the general SMP goals found in SMP Chapter 2: Shoreline Management Goals, this
5 chapter contains specific shoreline use policies and regulations that apply to specific uses or
6 development in any shoreline environment designation. Each section includes policies and
7 regulations. Policies are statements of principles that guide and determine present and future
8 decisions. Regulations are rules that govern developments, uses, or activities.
9
10 5.02 GENERAL SHORELINE USE
11 These policies and regulations apply to all developments and uses within shoreline jurisdiction,
12 whether or not shoreline permits, or written letters of exemption are required.
13 5.02.01 POLICIES
14 A. Shorelines are a limited ecological and economic resource. Apply the following
15 priorities in the order presented below when determining allowable uses or resolving
16 use conflicts in shoreline jurisdiction:
17 1. Reserve appropriate areas for protecting and restoring ecological functions to
18 control pollution and prevent damage to the natural environment and public health;
19 2. Reserve shoreline areas for water-dependent and associated water-related uses.
20 Mixed-use developments that include water-dependent uses may be allowed when
21 specific conditions are met;
22 3. Reserve shoreline areas for other water-related and water-enjoyment uses that are
23 compatible with ecological protection and restoration objectives;
24 4. Locate single-family residential uses where they are appropriate and can be
25 developed without significant impact to ecological functions or displacement of
26 water-dependent uses; and
27 5. Limit non-water-oriented uses to those locations where the uses described above
28 are inappropriate or where non-water-oriented uses demonstrably contribute to the
29 objectives of the SMA.
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1 B. Where feasible, locate non-water dependent accessory structures or uses (such as
2 parking, service buildings or areas, access roads, utilities, signs and storage) landward of
3 required shoreline buffers, water-oriented developments and other approved uses.
4 C. Locate, design, and manage uses and development to minimize impacts through bulk
5 and dimensional regulations, shoreline buffers, and other measures to:
6 1. Ensure that the development will not result in a net loss of shoreline ecological
7 functions; and
8 2. Support the long-term beneficial use of the shoreline, and protect and maintain
9 shoreline ecological functions and processes.
10 D. Develop regulations for shoreline buffers consistent with protecting existing ecological
11 functions, accommodating water-oriented and preferred uses, recognizing existing
12 development patterns, and minimizing the creation of non-conforming uses and
13 developments.
14 E. Do not permit uses where they would result in a net loss of shoreline ecological
15 functions, adversely affect the quality or extent of habitat for native species, adversely
16 affect other habitat conservation areas, or interfere with navigation or other water-
17 dependent uses.
18 F. Avoid adverse impacts to the shoreline or, if that is not feasible, minimize to the extent
19 feasible and mitigate unavoidable impacts.
20 5.02.02 REGULATIONS
21 These regulations apply to all developments and uses within shoreline jurisdiction, whether or
22 not a shoreline permit or written letter of exemption is required.
23 A. Use and development standards shall not apply retroactively to existing, legally
24 established structures, or uses and developments in place at the time of the adoption of
25 the SMP update. Existing structures, uses and developments, including residential
26 appurtenances, may be maintained, repaired, and operated within shoreline jurisdiction
27 and the shoreline buffers established in the SMP.
28 B. Development shall comply with the most restrictive bulk and dimensional requirements
29 in LCC Title 17 or SMP Section 5.04.
30 C. Accessory uses, such as parking, stormwater management facilities, and utilities shall be
31 located outside of shoreline and critical area buffers, and associated building setbacks,
32 unless authorized in SMP Section 4.04.02(D) .
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1 D. Shoreline uses and developments shall be designed to complement the setting of the
2 property and minimize glare. Shoreline applicants shall demonstrate efforts to minimize
3 potential impacts to the extent feasible.
4
5 5.03 ALLOWED SHORELINE USES
6 A. Table 5-1: Permitted, Conditional, and Prohibited Uses establishes the uses and
7 development allowed or prohibited in each shoreline environment designation. Uses
8 and developments allowed in the table must, in all cases, be consistent with other
9 applicable provisions of the SMP in order to be authorized. Where there is a conflict
10 between the table and the written provisions in the SMP, the written provisions shall
11 apply.
12 B. Authorized uses and development are subject to the policies and regulations of the SMP
13 and are only allowed in shoreline jurisdiction where allowed by the underlying zoning.
14 C. Uses and development identified as "Permitted" require either a shoreline substantial
15 development permit in accordance with SMP Section 7.04.01 or an exemption from the
16 requirement to obtain such a permit in accordance with SMP Section 7.04.04. If any
17 part of a proposed development is not eligible for an exemption, then a shoreline
18 substantial development permit is required for the entire proposed development.
19 D. Uses identified as "Conditional" require a shoreline conditional use permit pursuant
20 SMP Section 7.04.02. Any use not listed in SMP Table 5-1: Permitted, Conditional, and
21 Prohibited Uses shall require a shoreline conditional use permit.
22 E. Uses identified as "Prohibited" are not allowed in shoreline jurisdiction.
23 F. Accessory or appurtenant structures and development shall be subject to the same SMP
24 provisions as the primary use. The structures and development shall not be constructed
25 prior to the establishment of the primary use, except when the accessory or
26 appurtenant development is related to the installation of utilities and septic systems for
27 the primary use.
28
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Adopted September 21,2021
1 Table 5-1: Permitted, Conditional, and Prohibited Uses
c >.
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Shoreline Uses (1) c °) a D i ' +'� � � �, r0
.0 s v ;a c Z ra s
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2 CC U
Key: P=Permitted Use, C=Conditional Use,X=Prohibited
Agriculture (New agricultural activities only) (3)(4) P P P C X
Aquaculture C C C X C
Boating and Water Access Facilities
Boat Ramps and Launches P P P X a)
Boat Launching Rails P P P X .o 0 Boat Lifts and Canopies P P P X
Moorage Covers (Open Sides, Structural Roof) C C C X c -
Mooring Buoys P P P X D E
Private Single/Joint-Use Docks and Piers P P P X o
Public Piers/ Docks/ Marinas P P P X co c
v v
v
Recreational Floats P P P X
Commercial Development (5) P C C X (6)
Forest Practices P P P C X
Industrial Development (7) P X C (8) X (6)
Mining P X C X X
Parking(9) P P P X X
Recreational Development (10)
Water-oriented P P P C P
(11) (12)
Non-water-oriented P P P X X
Trails P P P C X
Residential Development(13) P P P C X
Signs P P P X X
Transportation Facilities
Bridges for motorized and non-motorized uses P P P C C
Expansion of roads within existing right-of-way P P P P X
New roads for permitted shoreline uses P P P C _ X
Expansion of roads outside of a right-of-way or C C C C X
movement of existing roads
Revised Draft Lewis County Shoreline Master Program 51 I P a g e
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Adopted September 21,2021
C >
V
C C r
cu •— C - i
Shoreline Uses (1) c �,
Wo H 3 C Z
_ °C oc u° Cr
Utilities
Production and processing facilities P X C X X
Transmission facilities within an existing right- P P P C C
of-way
Transmission facilities outside an existing right- P P C C C
of-way
Accessory utilities Reviewed as part of primary use
Other C C C C C
1
2 Notes:
3 (1) Any use that would substantially degrade ecological functions in shoreline jurisdiction
4 should not be allowed. In addition, development shall be subject to the underlying
5 zoning.
6 (2) Where a use would be located both upland and overwater, the more restrictive
7 standards apply.
8 (3) Includes agricultural commercial uses such as roadside stands, on-farm markets,
9 pumpkin patches, and Christmas tree farms. New agricultural activities in the Natural
10 shoreline environment designation are limited to very low intensity uses.
11 (4) Upland finfish facilities in shoreline jurisdiction require a shoreline conditional use
12 permit.
13 (5) New non-water-oriented commercial development is only permitted when the use is
14 allowed in the shoreline designation and the activity meets the criteria in SMP Section
15 5.08.02(B).
16 (6) Water dependent development is allowed in the Aquatic shoreline environment when
17 the use is authorized in the adjacent upland shoreline designation.
18 (7) New non-water-oriented industrial development is only permitted when the use is
19 allowed in the shoreline designation and the activity meets the criteria in SMP Section
20 5.10.02(B).
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1 (8) Industrial uses in the Rural Conservancy shoreline environment designation are limited
2 to low intensity, water-oriented uses where those uses have located in the past or at
3 unique sites in rural communities that possess shoreline conditions and services to
4 support the use.
5 (9) Parking may be allowed as an accessory use to an approved use. Off-street parking
6 lots or parking structures are prohibited as a primary use in all shoreline environment
7 designations.
8 (10) Concession stands, gift shops, and interpretive centers are permitted as accessory
9 uses when limited to the minimize size necessary for the use and serving a related,
10 permitted recreational use in the High Intensity, Shoreline Residential or Rural/Urban
11 Conservancy shoreline environment designations.
12 (11) Water-oriented recreational development and uses in the Natural shoreline
13 environment designation are limited to low intensity uses.
14 (12) Only water-dependent uses are permitted in the Aquatic shoreline environment
15 designation.
16 (13) Home-based businesses, as established by LCC 17.142.110. Home-based businesses
17 are incidental and accessory to a residential use. Use the 'Residential' use category to
18 determine whether they are allowed in a particular shoreline environment
19 designation.
20
21 5.04 DEVELOPMENT STANDARDS
22 5.04.01 DENSITY AND LOT COVERAGE
23 A. Density and maximum lot coverage of residential uses allowed in the shoreline
24 jurisdiction shall be in accordance with the underlying zoning requirements of the LCC.
25 5.04.02 SHORELINE HEIGHT
26 A. To limit the obstruction of views from public property or residences, the SMP Table 5-2:
27 Shoreline Height Regulations sets the maximum height for new or expanded buildings or
28 structures above average grade level in shoreline jurisdiction.
29 B. The following structures are exempt from the shoreline height standard requirements:
30 dams, shipping cranes or other freight moving equipment, power or light poles, bridges,
31 chimneys, tanks, towers, cupolas, steeples, flagpoles, smokestacks, silos, elevators, fire
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1 or parapet walls, open railings, and/or similar necessary building appurtenances. These
2 structures may exceed the shoreline height limit provided all other requirements of the
3 County are met and no usable floor space above the shoreline height limit is added.
4
5 Table 5-2: Shoreline Height Regulations
c
N C 76 ro u V
C ++ f_ Tz aJ • c , L.. t6
Height Standard c OJ
L -0 a, 44 =
-c .Cc al 2 c Z Q
to N cc a U
50 feet 35 feet 35 feet
Maximum Shoreline Height (1) (2) (2) 35 feet 20 feet
6 Notes:
7 (1) The maximum height may be up to that allowed by the Lewis County Code.
8 Provided that when a structure is proposed to exceed 35 feet, a view corridor
9 review per 5.04.02(C) is required.
10 (2) Height may be increased to the maximum height limit specified in LCC 17.145.030
11 or otherwise designated in LCC Title 17 subject to approval of a view corridor
12 analysis under SMP Section 5.04.02(C) and demonstration that the proposal meets
13 the shoreline variance criteria in Section 7.04.03.
14
15 C. View Corridor Review Process
16 1. Applicants for new or expanded buildings or structures exceeding 35 feet in height
17 above average grade level shall address impacts to views from substantial numbers
18 of residences and public areas as follows:
19 a. Site design shall provide for view corridors between buildings using building
20 separation, building setbacks, upper story setbacks, pitched roofs, and other
21 mitigation.
22 b. To determine appropriate view corridor location, the Shoreline Administrator
23 shall review shoreline public access plans, location of State- or Federal-
24 designated scenic highways, government-prepared view studies, SEPA
25 documents, or applicant-prepared studies.
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1 c. The maximum width of a view corridor shall not exceed 25%of the lot width.
2 2. The following view analysis standards and procedures apply to the view corridor
3 review process:
4 a. The applicant shall prepare a view analysis conducted consistent with the
5 application requirements in SMP Section 7.02.03. The view analysis shall
6 address:
7 1) The cumulative view obstruction created by the proposed development
8 combined with other developments that exceed 35 feet in height within a
9 1,000-foot radius of the proposed development;
10 2) Available view corridors; and
11 3) Surface water views lost, compromised, or retained.
12 b. For phased developments, the view analysis shall be prepared in the first phase
13 and include all proposed buildings.
14 c. Applicants proposing building or structure heights above 35 feet in the High
15 Intensity shoreline environment designation that are consistent with the SMP
16 and underlying zoning allowances, may be approved if the following criteria are
17 met:
18 1) The building or structure will not affect a substantial number of residences.
19 The applicant shall review residences in the area adjoining the project area.
20 2) The development will not cause an obstruction of view from public
21 properties or substantial number of residences. The applicant shall
22 demonstrate through photographs, videos, photo-based simulations, or
23 computer-generated simulations that the proposed development will
24 obstruct less than 30%of the view of the shoreline enjoyed by a substantial
25 number of residences on areas adjoining such shorelines.
26
27 5.05 AGRICULTURE
28 For purposes of the SMP, refer to the definitions of agricultural activities, agricultural products,
29 agricultural equipment and facilities and agricultural land found in WAC 173-26-020(3).
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1 5.05.01 POLICIES
2 A. Permit all agricultural activities existing as of the effective date of the updated SMP to
3 continue.
4 B. Locate and design new agricultural activities on land not currently used for agricultural
5 activity to assure no net loss of ecological functions and not to have a significant adverse
6 impact on other resources and values in shoreline jurisdiction.
7 C. Implement best management practices (BMPs) to protect the shoreline and aquatic
8 environments from bank failure, erosion, siltation, and surface runoff, consistent with
9 critical area regulations.
10 D. Maintain vegetative cover in areas subject to frequent flooding.
11 E. Prohibit the storage of toxic or hazardous chemicals used for agricultural practices in
12 shoreline areas subject to flooding.
13 F. Permit upland finfish facilities in the shoreline jurisdiction as a shoreline conditional use
14 to allow the County and Ecology to review proposals on a case-by-case basis using the
15 most current and best information.
16 5.05.02 REGULATIONS
17 A. Applicability
18 The SMA permits specific agricultural activities to be excepted from regulation under
19 the SMP. Other agricultural practices qualify for a more limited exemption from the
20 requirement to obtain a shoreline substantial development permit.
21
22
23
24
25
26
27
28
29
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1 \
2 Does the use meet the
3 definitions of agricultural
activity, equipment&facilities,
4 and products on agricultural
5 land?
(RCW 90.58.065(2)
6
7
8 1 c
9 The agricultural activity existed The agricultural activity is new as of
before October 16, 2017 October 16, 2017
10
11 1 j
12
NO-The SMP does not apply YES-The SMP applies
13
14 •`►
15
A.The new agricultural activity must
16 be:
17 1.Consistent with environment
designation;
18 2. Located&designed to assure no
19 net loss of ecological functions.
B.Activities meeting RCW 90.58.030
20
(3)(e)(iv)are not subject to a
21 \ Substantial development permit.
22 1. Notes: Excepted Activities. If an activity qualifies as agricultural activity on
23 agricultural land, as defined in RCW 90.58.065, and the activity existed as of the date
24 of adoption of the SMP, then the provisions of this SMP do not apply and a shoreline
25 permit is not required for that activity. In all other cases not specifically excepted
26 under the SMA, all substantive SMP provisions apply.
27
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1 2. Date of Existing Agricultural Activity.This is the date of adoption of the first Lewis
2 County Shoreline Master Program prepared under the guidelines in effect under
3 Chapter 173-26 WAC and includes all amendments incorporated through required
4 periodic review. See WAC 173-26-120, State process for approving/amending
5 shoreline master programs and WAC 173-26-171, Authority, purpose, and effects of
6 guidelines.
7 3. Permit-Exempt Activities. If an activity does not qualify as excepted as described in
8 SMP Section 5.05.02(A)(1) above, it may still qualify for an exemption from the
9 requirement to obtain a shoreline Substantial Development Permit under RCW
10 90.58.030(3)(e) and WAC 173-27-040(2). Pursuant to WAC 173-27-040(1), such
11 exemptions are to be construed narrowly, and an exemption from the substantial
12 development permit process is not an exemption from compliance with the SMP.
13 4. A shoreline substantial development permit is required for all agricultural
14 development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).
15 B. Development Standards for New Agriculture Activities
16 1. Agricultural uses and development shall be consistent with the shoreline
17 environment designation in which it is proposed, ensure no net loss of ecological
18 function, and not have a significant adverse impact on other shoreline resources and
19 values.
20 2. Agricultural practices must prevent and control erosion of soils and bank materials
21 within shoreline areas.
22 3. Pesticides and herbicides must be handled, applied, and disposed of in accordance
23 with provisions of the Washington Pesticide Application Act (Chapter 17.21 RCW)
24 and the Washington Pesticide Control Act (Chapter 15.58 RCW).
25 4. Feedlot operations and animal waste retention and storage areas must not be
26 located within shoreline jurisdiction unless direct manure runoff is prevented.
27 5. The application of biosolids and the bulk disposal of inorganic farm wastes,
28 chemicals, fertilizers, and associated containers and equipment within shoreline
29 jurisdiction is prohibited.
30 6. The storage of toxic or hazardous chemicals used for agricultural practices is
31 prohibited in shoreline areas subject to flooding.
32 7. Agricultural-commercial uses are allowed where indicated in SMP Table 5-1:
33 Permitted, Conditional, and Prohibited Uses.
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1 8. Conversion of agricultural land to non-agricultural uses shall be consistent with the
2 shoreline environment designation in which it is proposed. Conversions shall be
3 subject to the general regulations and those use-specific regulations applicable to
4 the proposed use, and shall not result in a net loss of shoreline ecological functions.
5 9. Upland finfish facilities require a shoreline conditional use permit.The review of the
6 application by the Shoreline Administrator will include consideration of the
7 following:
8 a. Specific site conditions;
9 b. Current and locally applicable science;
10 c. Potential use conflicts;
11 d. Cumulative impacts; and
12 e. Potential mitigation and monitoring requirements.
13
14 5.06 AQUACULTURE
15 Aquaculture is the culture or farming of fish, shellfish, or other aquatic plants and animals,
16 excluding upland finfish facilities, which are regulated in SMP Section 5.05. Aquaculture is a
17 preferred use in the shoreline jurisdiction. Locations for aquaculture are relatively restricted
18 due to requirements for water quality, temperature, flows, oxygen content, and adjacent land
19 uses.
20 Review as part of this SMP is required for new aquaculture facilities or farms, as well as projects
21 that seek to expand an aquaculture use beyond the area for which a previous permit was
22 issued. Ongoing maintenance, harvest, replanting, or changing of culture techniques or species
23 do not require review under the SMP, unless the cultivation of the new species or the use of a
24 new culture technique has the potential for significant adverse environmental impacts.
25 5.06.01 POLICIES
26 A. Design, locate, and operate aquaculture uses in a manner that supports the long-term
27 beneficial use of the shoreline and protects and maintains shoreline ecological functions
28 and processes.
29 B. Do not allow aquaculture in locations that would result in a net loss of shoreline
30 ecological functions, adversely affect the quality or extent of habitat for native species,
31 or interfere with navigation or other water-dependent uses.
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1 C. Minimize the potential of cumulative adverse impacts from aquaculture on water
2 quality, sediment quality, benthic and pelagic organisms, wild fish populations, or other
3 Federal Endangered Species Act (ESA) listed species because of antibiotic resistant
4 bacteria, escapement of non-native species, and/or other factors.
5 D. Give latitude when implementing regulations for this use, because the technology
6 associated with some forms of aquaculture is in formative stages.
7 E. Minimize potential aesthetic impacts associated with aquaculture uses through the
8 consideration of view impacts on surrounding properties and public access points.
9 F. Protect legally established aquaculture enterprises from incompatible uses that may
10 seek to locate nearby and uses or developments that have a high probability of
11 damaging or destroying the aquaculture operations.
12 G. Recognize limited availability of suitable locations for aquaculture uses because of
13 specific requirements related to water quality, temperature, oxygen content, currents,
14 adjacent land use, wind protection and navigation.
15 5.06.02 REGULATIONS
16 A. Location
17 1. Water-dependent portions of aquaculture facilities and their necessary accessories
18 may be located waterward of the OHWM in the Aquatic shoreline environment as
19 well as in the shoreline buffer. Water intakes and discharge structures, water and
20 power conveyances, and fish collection and discharge structures are considered
21 water-dependent or accessory to water-dependent facilities.
22 2. All other elements of aquaculture facilities shall be located outside the shoreline
23 buffer, unless those facilities are deemed water-related and proximity to the water-
24 dependent project elements is critical to implementation of the facility's purpose.
25 3. Sites shall be selected to avoid or minimize alteration to the shorelines. Applicants
26 for aquaculture operations shall be required to demonstrate that the location of the
27 proposed facilities avoids and minimizes impacts to on-site critical areas and
28 habitats to the maximum extent feasible, and limits impacts on existing public access
29 points, navigable waters, and other water-dependent uses.
30 4. Aquaculture facilities shall be designed and located so as not to spread disease to
31 native aquatic life, establish new non-native species that cause significant ecological
32 impacts, or significantly affect the aesthetic qualities of the shoreline.
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1 B. General Requirements
2 1. Aquaculture that involves substantial aquatic substrate modification or
3 sedimentation through dredging, trenching, digging, or other mechanisms, shall not
4 be permitted in areas where the proposal would have long-term adverse impacts on
5 the strength or viability of native stocks. The degree of proposed substrate
6 modification shall be the minimum necessary for feasible aquaculture operations at
7 the site.
8 2. New aquaculture proposals shall comply with the mitigation sequence in SMP
9 Section 4.03. Aquaculture uses that would have a significant adverse impact on
10 natural shoreline processes, result in a net loss of shoreline ecological functions,
11 interfere with navigation, or conflict with other water-dependent uses are
12 prohibited.
13 3. New aquatic species that were not previously found or cultivated in the County shall
14 not be introduced into fresh waters without prior written approval of the WDFW.
15 4. Permanent water-dependent instream facilities must be properly anchored to
16 prevent channel migration, erosion or a safety hazard, and must evaluate and
17 mitigate potential adverse effects on adjacent properties upstream and
18 downstream.
19 5. No processing of aquaculture products, except for the sorting or culling of the
20 cultured organism and the washing or removal of surface materials or organisms
21 after harvest, shall occur in or over the water unless specifically approved by permit.
22 a. All other processing facilities shall be located on land. If within shoreline
23 jurisdiction, such facilities shall be subject to the applicable policies and
24 regulations of SMP Sections 5.06.
25 6. Aquaculture structures and equipment shall be of sound construction and shall be so
26 maintained. Abandoned or unsafe structures or equipment shall be removed or
27 repaired promptly by the owner.
28 7. Aquaculture uses shall comply with all applicable noise, air, and water quality
29 standards. All projects shall be designed, operated, and maintained to minimize
30 odor and noise.
31 8. Aquaculture facilities shall not substantially degrade the aesthetic qualities of the
32 shoreline. Aquaculture structures and equipment, except navigation aids, shall be
33 designed, operated, and maintained to blend into their surroundings.
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1 C. Submittal Requirements
2 1. Commercial aquaculture shall conform to all applicable State and Federal
3 regulations. The County may accept application documentation required by other
4 permitting agencies for new and expanded aquaculture uses and development to
5 minimize redundancy in permit application requirements.
6 2. Additional studies or information may be required by the County, which may include
7 but is not limited to monitoring and adaptive management plans and information on
8 the presence of and potential impacts to, including ecological and visual impacts,
9 existing shoreline or water conditions and/or uses, vegetation and overwater
10 structures.
11
12 5.07 BOATING AND WATER ACCESS FACILITIES
13 This section applies to all in-water and overwater structures and uses that facilitate water
14 access or the launching or mooring of vessels, including all public and private docks, piers,
15 marinas, mooring buoys, launch ramps, and recreational floats. Construction of dock structures
16 for the private noncommercial use of the owner, lessee, or contract purchaser of single- and
17 multifamily residences are exempt from the requirement for a shoreline substantial
18 development permit pursuant to RCW 90.58.030(3)(e)(vii) and WAC 173-27-040(h). An HPA
19 from WDFW may still be required.
20 5.07.01 POLICIES
21 A. Encourage the construction and operation of boating and water access facilities to allow
22 public access for enjoyment of County shorelines.
23 B. Site, design, construct, and operate boating and water access facilities to incorporate
24 BMPs and ensure no net loss of shoreline ecological functions.
25 C. Balance the encouragement of public access and the protection of ecological functions
26 in the expansion of existing or construction of new boating and water access facilities.
27 D. Minimize the amount of shoreline modification, in-water structures, overwater cover,
28 changes to water circulation and quality, and effects to fish and wildlife habitat from
29 boating and water access facilities. The length, width, and height of overwater
30 structures should be no greater than that required for safety and feasibility for the
31 primary use.
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1 E. Ensure that boating and water access facilities do not impact the navigability of the
2 water body or adversely affect other water-dependent uses.
3 F. Plan and coordinate public boating and water access facilities needs regionally.
4 Shorelines particularly suitable for public boat launch facilities are limited and should be
5 identified and reserved on a regional basis.
6 G. Only allow the construction of new docks and piers for public access or water-
7 dependent uses.
8 H. Allow recreational floats only where they support public or private recreational uses.
9 I. Minimize impacts to adjacent uses and users, such as aesthetic or noise-related impacts,
10 impacts to public visual access to the shoreline, or offsite impacts caused by public
11 access to the shoreline. If impact avoidance is not feasible, require mitigation.
12 J. Limit the lighting of boating and water access facilities to the minimum extent
13 necessary.
14 5.07.02 REGULATIONS
15 A. Location Standards
16 1. New boating and access facilities shall maintain the rights of navigation on the
17 waters of the State.
18 2. Boating and other water access facilities shall be sited and designed to ensure no net
19 loss of shoreline ecological functions.
20 3. Boating and other water access facilities shall meet WDNR requirements and other
21 State guidance if located in or over State-owned aquatic lands.
22 4. Boating and water access facilities shall be located where:
23 a. There is adequate water mixing and flushing;
24 b. Such facilities will not adversely affect flood channel capacity or otherwise create
25 a flood hazard;
26 c. Water depths are adequate to minimize spoil disposal, the placement of fill,
27 beach enhancement, and other channel maintenance activities; and
28 d. Water depths are adequate to prevent the facility from grounding out at the
29 lowest low water or the facility includes stoppers to prevent grounding.
30 5. Boating and water access facilities shall not be located:
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1 a. Along braided or meandering river channels where the channel is subject to
2 change in alignment;
3 b. On point bars or other accretion beaches;
4 c. Where new dredging or new ongoing maintenance dredging will be required;
5 d. In areas with important habitat for aquatic species or where wave action caused
6 by boating use would increase bank erosion rates; or
7 e. In areas where it would be incompatible with the need to protect the public
8 health, safety, and welfare.
9 6. Boating and water access facilities shall be designed to ensure that lawfully existing
10 or planned public shoreline access is not blocked, obstructed, or made dangerous.
11 7. Major boating and water access facilities, such as marinas, shall be located only
12 where adequate utility services are available, or can be provided concurrently.
13 B. General Design Standards for Boating and Water Access Facilities
14 1. All boating and water access facilities shall be designed and operated to avoid or
15 minimize impacts. Unavoidable impacts must be mitigated consistent with the
16 mitigation sequence in SMP Section 4.03 and critical areas in SMP Section 4.04.
17 2. All boating and water access facilities and shoreline modifications to support these
18 uses shall be the minimum size necessary to accommodate the anticipated demand
19 for the facility.
20 3. Boating and water access facilities shall be designed to provide physical and/or
21 visual public access to the shoreline for as many water-oriented recreational uses as
22 feasible, commensurate with the scale of the proposal, including, but not limited to,
23 physical and visual access to waterbodies, public piers, or fishing platforms.
24 4. Project applicants shall comply with all local and State policies and regulations,
25 including all applicable health, safety, and welfare requirements associated with the
26 primary or accessory use. These standards include but are not limited to WDNR and
27 WDFW standards and regulations including Hydraulic Code Rules (Chapter 220-660
28 WAC).
29 5. All boating or water access facilities shall be constructed and maintained in a safe
30 condition. Abandoned or unsafe boating or water access facilities shall be removed
31 or repaired promptly by the owner.
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1 6. Wooden components of boating or water access facilities that will be in contact with
2 water or installed over water shall not be treated or coated with herbicides,
3 fungicides, paint, pentachlorophenol, arsenate, creosote, or similar toxic substances.
4 Boating or water access facilities shall be made out of materials that have been
5 approved by applicable State and Federal agencies.
6 7. Lighting associated with boating or water access facilities shall be shielded to avoid
7 causing glare on adjacent properties or waterbodies. Illumination levels shall be the
8 minimum necessary for safety.
9 8. Boating or water access facilities must be limited to day moorage only. No live-
10 aboard vessels or floating homes are allowed.
11 9. Upland boat storage may be allowed within the shoreline jurisdiction provided
12 impervious surface limitations and other standards are met, mitigation sequencing is
13 followed, and impacts can be mitigated to achieve no net loss.
14 C. Supplementary Standards for Boat Ramps, Launches, and Rails
15 1. New boat ramps and launches shall follow BMPs and the standards in WAC 220-660-
16 150 to avoid impacts to shoreline ecological functions, such as effects to nearshore
17 habitat.
18 2. Boat ramps, launches, and rails may be permitted for marinas, recreational
19 developments, and community facilities serving more than four residential units
20 subject to SMP Table 5-1: Permitted, Conditional, and Prohibited Uses.
21 3. Boat ramps, launches, and rails shall be sited to minimize impacts to aquatic and
22 upland wildlife habitats, native emergent vegetation, fluvial processes, water
23 quality, and navigation. All facilities shall be located and designed using mitigation
24 sequencing.
25 4. Boat ramps, launches, and rails shall be located where water depths are adequate to
26 eliminate or minimize the need for dredging, the placement of fill, beach
27 enhancement, or other maintenance activities.
28 5. The design of boat ramps, launches, and rails shall comply with all regulations
29 stipulated by State and Federal agencies, affected tribes, or other agencies with
30 jurisdiction.
31 6. The applicant shall demonstrate that the proposed length of a boat ramp, launch, or
32 rail is the minimum necessary to launch the intended craft safely. In no case shall
33 the boat launch ramp or rail extend beyond the point where the water depth is
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1 eight feet below the OHWM, unless the Shoreline Administrator determines that a
2 greater depth is needed for a public boat launch facility.
3 7. Boat ramps, launches, or rails shall be designed and constructed by using methods
4 and technology recognized and approved by State and Federal resource agencies as
5 BMPs.
6 D. Supplementary Standards for Boat Lifts and Canopies
7 1. New boat lifts and canopies shall follow BMPs and the standards in WAC 220-660-
8 140 to avoid impacts to shoreline ecological functions, such as effects to nearshore
9 habitat.
10 2. New boat lifts and accessory boat lift canopies may be permitted as part of an
11 approved dock or pier as specified in SMP Table 5-1: Permitted, Conditional, and
12 Prohibited Uses, so long as the following requirements are met:
13 a. The boat lift is placed as far waterward of the OHWM as is feasible and safe.
14 b. The bottom of a boat lift canopy is elevated above the boat lift to the maximum
15 extent feasible. The lowest edge of the canopy must be at least four feet above
16 the water surface, and the top of the canopy must not extend more than seven
17 feet above an associated pier.
18 c. No hydraulic fluid other than water shall be used in the boat lift system. A
19 backflow protection may be required.
20 3. A maximum of two cubic yards of clean rock fill or pre-cast concrete blocks are
21 permitted to anchor the boat lift if the substrate prevents the use of anchoring
22 devices.
23 4. One boat lift or up to two Jet Ski lifts is allowed per dock or pier.
24 E. Supplementary Standards for Docks and Piers
25 1. New docks and piers shall follow BMPs and the standards in WAC 220-660-140 to
26 avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.
27 2. New docks and piers shall be allowed only for public access and water-dependent
28 uses, including single-family residences, so long as the dock or pier complies with the
29 regulations contained in this section. Docks and piers shall meet the following
30 standards:
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1 a. Docks and piers serving a single-family residence are allowed, provided they are
2 designed and intended as a facility for access to watercraft.To be authorized,
3 the residential use and the associated dock or pier must be allowed in the
4 underlying upland shoreline environment designation. In instances on Mayfield
5 and Riffe Lake, where a buffer owned by Tacoma Power exists between the
6 water and the upland property, the upland property owner may utilize their
7 allowance for a dock on the portion of the buffer property between their lot and
8 the water with the permission of Tacoma Power.
9 b. New docks and piers that are not associated with residences shall be permitted
10 only when they are intended for public use or when the applicant demonstrates
11 that the new dock or pier supports a water-dependent use.
12 c. No more than one dock or pier is permitted for each single-family residence
13 existing as of the effective date of this SMP.
14 d. Only joint-use overwater structures and launching facilities are allowed for new
15 residential development or subdivisions of two or more waterfront dwellings
16 occurring after the effective date of this SMP.
17 e. No more than one pier, dock, or other moorage structure is allowed for a water-
18 dependent commercial use or a multifamily development.
19 3. When individual lots have less than 50 feet of water frontage, a joint-use dock or
20 pier that is shared with neighboring properties shall be required, provided that an
21 individual dock may be allowed subject to the requirements of SMP Table 5-1:
22 Permitted, Conditional, and Prohibited Uses when lots on either side of the subject
23 lot have legal pre-existing docks or piers and the applicant demonstrates to the
24 satisfaction of the Shoreline Administrator that a shared use agreement is not
25 feasible. In this case, a lot with less than 50 feet of minimum shoreline frontage may
26 be permitted an individual dock or pier.
27 4. The maximum dimensions of a dock or pier shall meet the following development
28 standards. An explanation of why the dock or pier length was chosen shall be
29 submitted with the application.
30 a. Residential docks and piers shall be no greater than the widths allowed for HPA
31 permits in WAC 220-660-140(3) and shall not exceed 150 feet beyond the
32 OHWM.
33 b. Docks and piers for commercial, recreational, or public access use may be up to
34 ten feet in width and shall not exceed 200 feet beyond the OHWM.
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1 c. Docks and piers shall be set back a minimum of ten feet from side property lines.
2 Provided that joint-use facilities may be located closer to or upon a side property
3 line when agreed to by contract or covenant with the owners of the affected
4 properties. A copy of such agreement shall be recorded with the Lewis County
5 Auditor and filed with the shoreline permit application.
6 d. Proposed docks and piers that do not comply with the dimensional standards
7 above may only be approved if they obtain a shoreline variance. Pursuant to
8 WAC 173-27-040(2)(b), any existing legal nonconforming dock or pier may be
9 repaired or restored to its original size, dimension, and location without the
10 need for a variance, if it is below the replacement thresholds found in SMP
11 Section 5.07.02(1)(1). Projects undertaken pursuant to this section must be
12 permitted within two years of the removal of the pre-existing, nonconforming
13 structure.
14 5. Non-water-dependent elements and uses, such as decks and gazebos built on docks
15 or piers, are not allowed.
16 F. Supplementary Standards for Marinas
17 1. New marinas shall follow BMPs and the standards in WAC 220-660-140 to avoid
18 impacts to shoreline ecological functions, such as effects to nearshore habitat.
19 2. Marinas shall be designed to:
20 a. Provide thorough flushing of all enclosed water areas;
21 b. Allow the free movement of aquatic life in shallow water areas; and
22 c. Avoid and minimize any interference with geohydraulic processes and disruption
23 of existing shore forms.
24 3. New marinas shall provide public access amenities such as viewpoints, interpretive
25 displays, and public access to water-enjoyment uses such as restaurants.
26 4. Marinas shall have adequate facilities and procedures for fuel handling and storage,
27 and the containment, recovery, and mitigation of spilled petroleum, sewage, and
28 other potentially harmful or hazardous materials, and toxic products.
29 5. Sufficient utility services must be provided concurrent with the development of a
30 marina. New marinas must include adequate restroom and sewage disposal
31 facilities, such as pump out, holding, and/or treatment facilities.
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1 6. The marina operator shall be responsible for the collection and dumping of sewage,
2 solid waste, and petroleum waste.
3 G. Supplementary Standards for Moorage Covers
4 1. New moorage covers may be permitted as a shoreline conditional use in the
5 locations specified in SMP Table 5-1: Permitted, Conditional, and Prohibited Uses, if
6 the proposal addresses the following:
7 a. The applicant demonstrates that the moorage cover is the minimum size
8 necessary to provide for the water-dependent use;
9 b. The moorage cover does not create any potential adverse impacts to public
10 safety;
11 c. The moorage cover is placed as far waterward of the OHWM as feasible and
12 safe, within the limits of the dimensional standards for docks and piers
13 established in this section;
14 d. There is only one moorage cover or boat lift with canopy per dock or pier,
15 including joint use docks or piers; and
16 e. The moorage cover complies with all other conditional use criteria in WAC 173-
17 27-160 and SMP Section 7.04.02.
18 H. Supplementary Standards for Mooring Buoys
19 1. New mooring buoys shall follow BMPs and the standards in WAC 220-660-140 to
20 avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.
21 2. Up to one mooring buoy is allowed per dwelling unit in lieu of a dock or pier.
22 3. Mooring buoys shall be anchored in accordance with all State and Federal
23 requirements.
24 I. Supplementary Standards for Recreational Floats
25 1. New recreational floats shall follow BMPs and the standards in WAC 220-660-140 to
26 avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.
27 2. New recreational floats shall not exceed 400 square feet in size.
28 3. New recreational floats may be permitted as specified in SMP Table 5-1: Permitted,
29 Conditional, and Prohibited Uses, so long as the following requirements are met:
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1 a. The recreational float complies with all requirements established by State and
2 Federal agencies, affected tribes, and other agencies that have jurisdiction.
3 b. The recreational float is located as close to the shore as feasible and no farther
4 waterward than the existing floats and established swimming areas.
5 4. Recreational floats shall be designed and intended for swimming or other non-
6 motorized uses.
7 5. Recreational floats must be built so that the deck surface is one foot above the
8 water's surface.
9 6. Retrieval lines for recreational floats shall not float at or near the surface of the
10 water.
11 J. Existing Uses and Structures
12 1. Replacement
13 a. If any of the following are proposed, the project is considered a new boating and
14 water access facility and must be designed consistent with any applicable
15 standards for new boating and water access facilities.
16 1) Replacement of the entire overwater boating and water access facility;
17 2) Replacement of 75%or more of support piles on a cumulative basis over the
18 life of the facility; or
19 3) Replacement of 75%or more of a boat launch on a cumulative basis over the
20 life of the boat launch.
21 2. Modification or Enlargement
22 a. Applicants must demonstrate that there is a need for modification or
23 enlargement due to increased or changed use or demand, safety concerns, or
24 inadequate depth of water.
25 b. Enlarged portions of boating and water access facilities must comply with any
26 applicable design and mitigation standards for new facilities.
27 3. Repair
28 a. Repairs to existing legally established boating and water access facilities that fall
29 below the standards identified in SMP Section 5.07.02(J)(1) are permitted
30 consistent with all other applicable codes and regulations.
31 b. All repairs must utilize any material standards specified for new facilities.
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1 K. Mitigation
2 1. New or expanded boating and water access facilities should follow the mitigation
3 sequence in SMP Section 4.03.
4 2. Appropriate impact minimization measures include ensuring the facility is the
5 minimum size necessary, using grating, placing the facility to avoid the need to
6 dredge, and avoiding critical habitat.
7 3. Compensatory mitigation proposals must provide mitigation at a minimum 1:1 ratio,
8 by area, of new overwater cover to mitigation action using one or more of the
9 potential mitigation measures listed below. The ratio should be increased if the
10 measure will take more than one year to provide equivalent function or if the
11 measure does not have a high success rate, as determined by a qualified
12 professional.
13 4. For new development and expansion of existing boating and water access facilities,
14 appropriate compensatory mitigation may include items including but not limited to,
15 one or more of the following measures:
16 a. Removal of any legal existing overwater or in-water structures that are not the
17 subject of the application or otherwise required to be removed;
18 b. Removal or ecological improvement of hardened shoreline, including existing
19 launch ramps or structural shoreline stabilization;
20 c. Removal of man-made debris waterward of the OHWM, such as car bodies, oil
21 drums, concrete or asphalt debris, remnant docks, or other material detrimental
22 to ecological functions and ecosystem-wide processes; or
23 d. Planting of native vegetation along the shoreline immediately landward of the
24 OHWM consisting of a density and composition of trees and shrubs typically
25 found in undisturbed areas adjacent to the subject waterbody.
26 5. In-kind measures are preferred over out-of-kind measures when consistent with the
27 objective of compensating for adverse impacts to ecological function.
28 L. Submittal Requirements
29 In addition to the general application requirements, the following submittals, as
30 applicable, are necessary for all new or expanded boating and water access facilities:
31 1. For new or expanded marina facilities, applicants must provide an assessment of
32 need and demand for the facility, including but not limited to:
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1 a. Existing approved facilities, or pending applications, within the service range of
2 the proposed new or expanded facility;
3 b. The expected population served by the facility; and
4 c. Boat ownership characteristics of the population, if that information supports
5 justification for specific design elements related to facility length or width,
6 necessary water depth, or other design factors.
7
8 5.08 COMMERCIAL DEVELOPMENT
9 Commercial uses and developments are those uses that are involved in wholesale and retail
10 trade or business activities. Many commercial developments are intensive users of space
11 because of extensive floor areas and facilities, such as parking, necessary to service them.
12 5.08.01 POLICIES
13 A. Encourage the development of water-oriented commercial developments, which utilize
14 their location to offer opportunities for substantial numbers of people to enjoy the
15 shoreline. Water dependent commercial uses are a priority over non-water dependent
16 commercial uses.
17 B. Encourage new commercial development along shorelines to locate in areas where
18 current commercial uses exist, if the locations are suitable for such use.
19 C. Encourage non-water-oriented commercial development to locate outside of the
20 shoreline jurisdiction.
21 D. Design new commercial development to protect the public's health, safety, and welfare;
22 provide public access where feasible; and ensure no net loss of shoreline ecological
23 functions.
24 E. Minimize the adverse impacts that may result from commercial buildings, such as
25 blocked views, aesthetic impacts, or noise.
26 F. Public access should be required where commercial uses are proposed on land in public
27 ownership.
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1 5.08.02 REGULATIONS
2 A. Commercial development shall not result in a net loss of shoreline ecological functions
3 or have significant negative impacts to shoreline uses, resources, and values such as
4 navigation, recreation, and public access.
5 B. Where commercial uses are allowed, new non-water-oriented commercial development
6 is prohibited unless it meets one of the following criteria:
7 1. The commercial use is part of a mixed-use project that includes a water-dependent,
8 water-related, or water-enjoyment use and provides a significant public benefit such
9 as providing public access or ecological restoration.The non-water-oriented portion
10 of the project must be located landward of the water-oriented portion of the
11 development.
12 2. The proposal is an expansion of a commercial use that existed at the time of the
13 SMP update that does not move any closer to the shoreline;
14 3. Navigability is severely limited at that location and the commercial use provides a
15 significant public benefit such as public access or ecological restoration.The
16 standard shoreline buffer shall be 150 feet from the OHWM; or
17 4. The commercial use is physically separated from the shoreline by another property,
18 railroad, or public right-of-way.
19 C. Water-dependent commercial uses and development shall be given preference over
20 water-related and water-enjoyment commercial uses. Water-oriented uses shall be
21 given preference over non-water oriented uses. The applicant shall demonstrate that
22 the proposed design, layout, and operation of commercial uses meet the definitions of
23 water-dependent, water-related or water-enjoyment.
24 D. Non-water-dependent commercial uses over water are prohibited in the shoreline
25 jurisdiction.
26
27 5.09 FOREST PRACTICES
28 Forest management practices are those methods used for the protection, production, and
29 harvesting of timber. The FPA (Chapter 76.09 RCW) is the basis of management of commercial
30 forest uses within shoreline jurisdiction. The WDNR regulates forest practices including those
31 within shoreline jurisdiction in the County. A forest practice that only involves timber cutting is
32 not a development under the act and does not require a Shoreline Substantial Development
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1 Permit or a shoreline exemption. A forest practice that includes activities other than timber
2 cutting may be a development under the act and may require a Substantial Development
3 Permit, as required by WAC 222-50-020.
4 5.09.01 POLICIES
5 A. Effectively balance timber harvesting with the preservation of shoreline ecological
6 functions, public access to shorelines, and other shoreline goals.
7 B. Ensure State and Federal water quality standards are maintained while conducting
8 timber-harvesting practices in shoreline jurisdiction.
9 C. Prevent the accumulation of slash and other debris in waterways during logging and
10 thinning operations.
11 D. Ensure that timber harvesting in Shorelines of Statewide Significance does not exceed
12 the limitations established in RCW 90.58.150, except in cases where selective logging is
13 found to be ecologically detrimental or inadequate for the preparation of land for other
14 uses authorized in the SMP.
15 E. Ensure the maintenance of shoreline buffers while conducting logging within shoreline
16 jurisdiction.
17 F. Promote proper road and bridge design, location and construction, and maintenance
18 practices to prevent development of roads and structures that would adversely affect
19 shoreline resources.
20 G. Ensure that forest practice conversions to non-forestry uses do not result in a net loss of
21 ecological functions or significant adverse impacts to other shoreline uses, resources,
22 and values such as navigation, recreation, and public access.
23 5.09.02 REGULATIONS
24 A. All forest practices, including forest conversions, undertaken on shorelines shall comply
25 with the applicable policies and provisions of the FPA, the SMP, Chapter 76.09 RCW as
26 amended, and Chapter 222 WAC.
27 B. Preparatory work associated with the conversion of land to non-forest practices or
28 developments shall:
29 1. Limit the conversion to the minimum necessary to accomplish the purpose and
30 intent of the SMP on the subject property.
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1 2. Ensure no net loss of shoreline ecological functions or significant adverse impacts to
2 shoreline uses, resources, and values provided for in RCW 90.58.020 such as
3 navigation, recreation, and public access.
4 3. Demonstrate that conversion practices are conducted in a manner consistent with
5 the shoreline environment designation in which they are located.
6 C. Within shoreline jurisdiction along Shorelines of Statewide Significance, only selective
7 commercial timber cutting may be permitted so that no more than 30%of the
8 merchantable timber may be harvested in any ten-year period.
9 1. Other timber harvesting methods may be permitted with a shoreline conditional use
10 permit in those limited instances where the topography, soil conditions, or
11 silviculture practices necessary for regeneration render selective logging ecologically
12 detrimental.
13 2. Clear cutting of timber solely incidental to the conversion and preparation of land
14 for uses authorized in the SMP may be permitted.
15
16 5.10 INDUSTRIAL DEVELOPMENT
17 Industrial development encompasses manufacturing, production, processing, and storage of
18 raw materials and other finished products.
19 5.10.01 POLICIES
20 A. Ensure a sufficient amount of land is designated to accommodate water-dependent or
21 water-related industry. Water dependent industrial uses are a priority over non-water
22 dependent industrial uses.
23 B. Locate, design, and construct industrial development in a manner that assures no net
24 loss of shoreline ecological functions and does not have significant adverse impacts to
25 other shoreline resources and values.
26 C. Encourage new industrial development to locate in areas where environmental cleanup
27 and restoration can be incorporated in the project.
28 D. Encourage public access to the shoreline as part of industrial developments where
29 feasible.
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1 5.10.02 REGULATIONS
2 A. Water-dependent industrial uses and development shall be given preference over
3 water-related and nonwater-oriented industrial uses. Water-related uses shall be given
4 preference over non-water oriented uses. The applicant shall demonstrate that the
5 proposed design, layout, and operation of industrial uses meet the definitions of water-
6 dependent or water-related uses.
7 B. Where industrial uses are allowed, new non-water-oriented industrial uses are
8 prohibited unless they meet one of the following criteria:
9 1. It is part of a mixed-use project that includes a water-dependent, water-related, or
10 water-enjoyment use and provides a significant public benefit such as providing
11 public access or ecological restoration. The non-water-oriented portion of the
12 project must be located landward of the water-oriented portion of the
13 development.
14 2. The proposal is an expansion of an industrial use that existed at the time of the SMP
15 update that does not move any closer to the shoreline;
16 3. Navigability is severely limited on the site and the industrial use provides a
17 significant public benefit such as providing public access or ecological restoration.
18 The standard shoreline buffer shall be 150 feet from the OHWM; or
19 4. The site is physically separated from the shoreline by another property or public
20 right-of-way.
21 C. Public access shall be incorporated in industrial developments where feasible. Public
22 access shall be required where feasible for new industrial development on publicly
23 owned land.
24 D. Industrial development shall not result in a net loss of shoreline ecological functions or
25 have significant negative impacts to shoreline use, resources, and values such as
26 navigation, recreation, and public access.
27 E. Industrial development and redevelopment are encouraged to locate where State and
28 Federal requirements for environmental cleanup and restoration of the shoreline area
29 can be incorporated.
30
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1 5.11 MINING
2 Mining is the removal of sand, soil, gravel, minerals, and other materials for commercial and
3 other uses. Mining in the shoreline can alter the natural character, resources, and ecology of
4 shorelines.
5 5.11.01 POLICIES
6 A. Design and conduct new mining and associated uses to result in no net loss of shoreline
7 ecological functions and processes.
8 B. Do not locate new mining on shorelines where unavoidable adverse impacts on other
9 uses or resources, when taken together, equal or outweigh the benefits from the
10 mining.
11 C. Minimize the negative impacts from mining on existing public access points and water-
12 dependent or enjoyment uses. Potential impacts may include aesthetic impacts, dust,
13 noise, etc.
14 D. Begin land reclamation immediately after the termination of mining operations. The use
15 of reclaimed mine property must be consistent with the SMP, advance appropriate
16 ecological functions that are suited for the site, and be consistent with the State Surface
17 Mining Reclamation Act requirements.
18 5.11.02 REGULATIONS
19 A. Application for mining permits within shoreline jurisdiction shall be accompanied by
20 operation plans, reclamation plans, and an analysis of environmental impacts sufficient
21 to make a determination as to whether the project will result in net loss of shoreline
22 ecological functions over the course of the mining and reclamation.
23 B. Mining operations and subsequent uses shall not cause permanent impairment or loss
24 of floodwater storage, wetlands, or other stream corridor features and habitats.
25 Mitigation shall provide for the replacement of impacted functions at the ratio or rate
26 necessary to achieve no net loss of shoreline ecological function.
27 C. The evaluation of impacts of mining shall be integrated with relevant environment
28 review requirements of SEPA (Chapter 43.21 RCW) and SEPA rules (Chapter 197-11
29 WAC).
30 D. New mining waterward of the OHWM of a shoreline waterbody shall not be permitted.
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1 E. In considering renewal, extension, or reauthorization of mining waterward of the
2 OHWM in locations where mining was previously conducted, compliance with WAC 173-
3 26-241(3)(h)(ii)(D) shall be required where no such review has previously been
4 conducted. Where there has been a prior review of the mining activities, the Shoreline
5 Administrator shall review the previous determinations to assure compliance under
6 current site conditions.
7 F. Mining within any CMZ that is within shoreline jurisdiction shall require a shoreline
8 conditional use permit.
9 G. For mining proposals that meet the definition of surface mine in RCW 78.44.031, the
10 proposal shall be consistent with WDNR Surface Mine Reclamation standards found in
11 Chapter 332-18 WAC and Chapter 78.44 RCW. A reclamation plan that complies with
12 the format and standards of Chapter 78.44 RCW shall be included with a shoreline
13 permit application.
14 H. In reviewing the permit application and reclamation plan, the Shoreline Administrator
15 shall determine whether the plan is consistent with the SMP and other applicable
16 County regulations. After the applicant has been given reasonable opportunity to revise
17 the plan, an inconsistent reclamation plan shall constitute sufficient grounds for denial
18 of a shoreline permit. Subsequent use of reclaimed sites shall be consistent with the
19 shoreline environment designation and the use criteria provisions of the SMP.
20
21 5.12 PARKING
22 Parking is the temporary storage of automobiles or other motorized vehicles. The following
23 provisions apply to parking that is allowed as an accessory to a permitted shoreline use. Stand-
24 alone parking facilities are prohibited in shoreline jurisdiction.
25 5.12.01 POLICIES
26 A. Minimize the amount of parking in the shoreline jurisdiction.
27 B. Locate and design parking facilities to have the least impact on shoreline features,
28 including shoreline ecological functions and existing or planned water-dependent uses.
29 C. Locate and design parking to minimize adverse impacts including those related to
30 stormwater run-off, water quality, visual qualities, public access, vegetation, and
31 habitat.
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1 5.12.02 REGULATIONS
2 A. Parking facilities are allowed only as accessories to authorized shoreline uses. Stand-
3 alone parking facilities not supporting an authorized primary use are prohibited in
4 shoreline jurisdiction.
5 B. Parking facilities in shoreline jurisdiction shall be located upland from the principal use
6 or structure being served, except in the following cases:
7 1. When parking facilities are within or beneath the structure and adequately
8 screened.
9 2. Where the existing configuration of a commercial or industrial building has parking
10 situated between the structure and the shoreline. No expansion of the parking area
11 towards the water shall be allowed.
12 3. When parking to address specific Americans with Disabilities Act requirements is
13 required and cannot be placed in another location.
14 C. Exterior parking facilities shall be designed and landscaped to minimize adverse impacts
15 to adjacent and abutting properties in shoreline jurisdiction.
16 D. Existing parking areas that are of a non-paved surface, such as gravel, may be paved
17 provided such facilities comply with all applicable water quality, stormwater,
18 landscaping, and other applicable requirements and regulations. Paved parking areas
19 shall be designed to incorporate LID practices, such as permeable surfaces and
20 bioswales, to the extent feasible.
21
22 5.13 RECREATIONAL DEVELOPMENT
23 Recreational development includes commercial and public facilities that provide recreational
24 opportunities to the public. This section applies to public and private recreational uses and
25 development, accessory recreational uses and development, and excludes private recreational
26 uses associated with residential development.
27 5.13.01 POLICIES
28 A. Prevent recreational development from causing a net loss of shoreline ecological
29 functions.
30 B. Encourage the development of recreational facilities that allow the public to access and
31 enjoy shorelines.
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1 C. Create new public access points to shorelines on public lands.
2 D. Promote the ongoing maintenance of shoreline public access.
3 E. Work to link shoreline parks and public access points.
4 F. Protect the rights of private property owners, and help to minimize the adverse impacts
5 on private land associated with neighboring public access points.
6 G. Ensure sufficient water and wastewater facilities are available to accommodate the
7 demands of recreational development proposals.
8 H. Encourage preservation of scenic views and vistas.
9 5.13.02 REGULATIONS
10 A. Recreational uses and facilities proposed within the shoreline jurisdiction shall be
11 primarily designed to promote access, enjoyment, and use of the water and Shorelines
12 of the State. Non-water-related recreational uses shall predominantly be located
13 outside of the shoreline jurisdiction.
14 B. Where recreation facilities include overwater structures designed for public access to
15 shorelines, such as public viewing or fishing platforms, the structures shall comply with
16 the relevant requirements of SMP Section 5.07.
17 C. Where applicable, an applicant shall submit plans that demonstrate the BMPs and
18 methods to be used to prevent chemical applications and resultant leachate from
19 entering adjacent waterbodies.
20 D. Recreational facilities shall make adequate provisions, such as screening, buffer strips,
21 fences, and signs,to minimize impacts to neighbors and prevent the overflow of
22 pedestrians onto adjacent private properties.
23 E. Wildlife viewing structures and permeable trails or raised boardwalks are allowed within
24 shoreline and wetland buffers in accordance with the mitigation sequence in SMP
25 Section 4.03 and the critical area regulations in SMP Section 4.04.
26 F. Trails shall be planted or landscaped to provide a visual buffer for adjoining dissimilar
27 uses or scenic areas. The Shoreline Administrator may condition proposals to:
28 1. Select species that are suitable for the local climate and have minimal demands for
29 water, minimal vulnerability to pests, and minimal demands for fertilizers; and
30 2. Incorporate native species.
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1 G. Recreational development proposals shall include facilities for water supply,
2 wastewater, and garbage disposal in conformance with County standards.
3 H. Recreational development shall be located, designed, and constructed in a manner that
4 assures no net loss of shoreline ecological functions.
5
6 5.14 RESIDENTIAL DEVELOPMENT
7 Residential development includes single-family residences, multifamily development, and
8 appurtenant structures and uses, including garages, sheds, fences, necessary utilities, and
9 driveways as well as the creation of new residential lots through land division. Single-family
10 residences are a priority use when developed in a manner consistent with no net loss of
11 ecological functions.
12 The construction of a single-family residence by an owner, lessee, or contract purchaser for
13 their own use or for the use of their family that does not exceed a height of 35 feet above
14 average grade level may be exempt from the requirement for a shoreline substantial
15 development permit but must be consistent with all applicable policies and regulations in the
16 SMP. Refer to the application and interpretation of exemptions in WAC 173-27-040(2)(g).
17 5.14.01 POLICIES
18 A. Develop residential uses in a manner that ensures no net loss of shoreline ecological
19 functions and is consistent with provisions relating to shoreline buffer areas, shoreline
20 armoring, vegetation conservation requirements, on-site sewage system standards, and
21 aesthetic enhancement.
22 B. Control residential uses and development in areas subject to environmental limitations,
23 such as wetlands, stream buffers, and areas of frequent flooding.
24 C. Set back residential development and uses from steep slopes and shorelines vulnerable
25 to erosion so that structural shoreline stabilization or flood hazard reduction measures
26 are not required to protect such structures.
27 D. Prohibit new overwater residential development.
28 E. Encourage public access to the shoreline as part of new residential development, and
29 require public access in accordance with SMP Section 4.06 for new multifamily
30 residential development and subdivisions that include more than four parcels.
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1 F. Consider single-family residences a priority use in planning for uses in the shoreline
2 jurisdiction when developed with no net loss of ecological functions.
3 G. Consider accessory and appurtenant developments, such as driveways, utilities, and
4 septic systems, as part of the primary residential use and review the developments
5 under the standards of this section.
6 5.14.02 REGULATIONS
7 A. Residential uses and development may be allowed in conformance with the
8 development requirements of the County and the provisions of the SMP.
9 B. Residential subdivisions shall:
10 1. Comply with all applicable subdivision, critical areas, and zoning regulations.
11 2. Include facilities for water supply, wastewater, stormwater, solid waste, access,
12 utilities, and other support facilities in conformance with County standards.
13 3. Be designed, configured and developed to:
14 a. Assure that no net loss of ecological functions will result from the initial division
15 of the land, at full build-out of all the lots, and throughout all phases of
16 development.
17 b. Avoid critical areas and their buffers in accordance with SMP Section 4.03.
18 c. Prevent the need for new hard or soft shoreline stabilization or flood hazard
19 reduction measures in accordance with SMP Sections 4.05, 6.07 and 6.08.
20 d. Minimize physical impacts to vegetation and other natural features within the
21 shoreline.
22 e. Assure that lots in proposed subdivisions are sufficiently sized and oriented to
23 allow future residential development, without these residential uses requiring a
24 shoreline variance. Lot configurations shall plan for building sites outside of
25 required shoreline and critical area buffers.
26 4. Clustering may be permitted, as allowed by the LCC, to achieve these provisions.
27 C. Each residential structure, including accessory and appurtenant structures and uses,
28 shall:
29 1. Comply with all applicable zoning regulations.
30 2. Meet all applicable critical areas, vegetation conservation, and water quality
31 standards of SMP Chapter 4: General Policies & Regulations.
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1 3. Be designed, sited, and constructed to:
2 a. Assure no net loss of shoreline ecological functions.
3 b. Prevent the need for new structural flood hazard management measures to the
4 greatest extent feasible.
5 c. Be sufficiently set back from steep slopes and shorelines vulnerable to erosion,
6 in accordance with the required critical area and shoreline buffers, to ensure
7 that structural improvements and stabilization structures are not necessary to
8 protect such structures and uses.
9 D. New multifamily developments and subdivisions over four lots in size shall provide
10 public access under SMP Section 4.06.
11 E. The primary residential use on any lot shall be established prior to any accessory or
12 appurtenant structures.
13 F. Accessory and appurtenant developments and structures shall be subject to the same
14 regulations as the primary residence. Provided that septic systems, drainfields and other
15 accessory or appurtenant developments may be located within a critical area or
16 shoreline buffer when no other option exists, and the proposal meets the requirements
17 in Section 4.04.02(D).
18 G. Primary residential uses are prohibited over the water.
19 H. Residential accessory and appurtenant structures and uses shall be prohibited over the
20 water, unless clearly water-dependent.
21
22 5.15 SIGNS
23 The following provisions apply to any commercial or advertising sign directing attention to a
24 business, professional service, community, site, facility, or entertainment.
25 5.15.01 POLICIES
26 A. Limit off-premise outdoor advertising signs within the shoreline environment.
27 B. Ensure that signs are sized and placed to protect the vistas and views of shorelines,
28 waterbodies, and surrounding landscapes from public properties and rights-of-way.
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1 5.15.02 REGULATIONS
2 A. Signs shall comply with applicable County regulations.
3 B. All signs shall be located and designed to minimize interference with visual access to
4 shoreline jurisdiction.
5 C. Signs may be allowed if they:
6 1. Do not obstruct sight distance of drivers and non-motorized roadway users;
7 2. Conform with Washington State Department of Transportation (WSDOT) standards
8 for signs on public highways; and
9 3. Meet one of the following two conditions:
10 a. Are official in nature, such as traffic control, wayfinding, monument, historic, or
11 cultural site markers, etc., and are located within the public right-of-way; or
12 b. Are located on the public or private property that contains the use advertised.
13
14 5.16 TRANSPORTATION FACILITIES
15 Transportation facilities include structures that provide for the movement of people, goods,
16 and services by land, air, and water. Transportation facilities include highways, bridges,
17 bikeways, airports, and other related facilities. This section applies to new and expanded
18 transportation facilities within shoreline jurisdiction. A driveway for an individual single-family
19 residence is considered part of the primary use and should be reviewed as part of Section 5.14.
20 5.16.01 POLICIES
21 A. Plan, locate, and design new transportation facilities where routes will have the least
22 adverse effect on shoreline features, shoreline ecological functions, and existing or
23 planned water-dependent uses.
24 B. Maintain and reconstruct roads in accordance with the BMPs adopted by the County
25 and WSDOT.
26 C. Require that public and private developments provide circulation facilities including
27 roads, streets, alleys, pedestrian, bicycle, and public transportation facilities in a manner
28 consistent with County, State, and Federal standards and adopted levels of service.
29 D. Preserve the aesthetic values of the shoreline environment along roadways.
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1 E. Promote the creation and upkeep of viewpoints, rest areas, and picnic areas that are
2 located along transportation facilities in the shoreline jurisdiction.
3 F. Seek to provide for safe pedestrian and non-motorized travel along scenic corridors,
4 public roadways, and multi-use trails in the shoreline jurisdiction.
5 G. Design road and railroad structures so that flood debris will not be trapped by the
6 structure.
7 5.16.02 REGULATIONS
8 A. New transportation facilities shall only be placed within shoreline jurisdiction, when no
9 other option for the location of the facility exists.
10 B. When located within the shoreline jurisdiction, new and expanded transportation
11 facilities shall:
12 1. Be set back from the OHWM as far as feasible and locate any new water crossings as
13 near to perpendicular with the waterbody as feasible, unless an alternate path
14 would minimize the disturbance of native vegetation or result in the avoidance of
15 critical areas;
16 2. Be designed with the minimum pavement area required;
17 3. Minimize adverse effects to unique or fragile shoreline features;
18 4. Implement the mitigation sequence in SMP Section 4.03 and ensure no net loss of
19 shoreline ecological functions;
20 5. Include a mitigation plan prepared by a qualified professional consistent with the
21 provisions of Section 4.04;
22 6. Avoid adverse impacts on existing or planned water-dependent uses;
23 7. Allow the joint use of the right-of-way with nonmotorized uses and existing or
24 planned primary utility facilities to consolidate the crossings of waterbodies and
25 minimize adverse impacts to shoreline jurisdiction, where feasible; and
26 8. Provide and/or maintain visual access to scenic vistas on public roads, where
27 feasible. Visual access may include, but is not limited to turnouts, rest areas, and
28 picnic areas.
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1 C. Crossings of waterbodies, such as bridges, shall be designed to minimize impacts to
2 aquatic habitat, allow for fish passage, and permit the passage of flood debris.
3 D. Existing roads that are of a non-paved surface, such as gravel, may be paved, if the
4 facilities comply with all applicable mitigation, water quality, stormwater, and
5 landscaping standards, as well as other requirements of the SMP and local regulations.
6 E. Seasonal work windows may be required for construction projects to minimize impacts
7 to shoreline functions.
8 F. Where public access to shorelines across transportation facilities is intended, facility
9 designs must provide safe pedestrian and non-motorized vehicular crossings.
10
11 5.17 UTILITIES
12 The provisions of this section apply to public and private facilities that produce, convey, store,
13 or process power,gas, sewage, water, communications, oil, or waste. Utilities serving an
14 individual use, or on-site utility features serving a primary use, such as an electrical line or
15 water, sewer or gas lines, are considered accessory utilities and shall be considered under the
16 standards for the primary use of the property. Water intake and water or fish conveyances
17 between a waterbody and an aquaculture facility are not considered utilities under this section.
18 Consult Section 5.06.
19 5.17.01 POLICIES
20 A. Ensure that the installation of new utilities results in no net loss of shoreline ecological
21 functions.
22 B. Locate utility lines and facilities outside of the shoreline environment where feasible.
23 C. Locate water-oriented utilities, such as sewage treatment, water reclamation, and some
24 power facilities, where they do not interfere with other public uses of the water and
25 shoreline.
26 D. Locate and design utilities to accommodate future growth and development.
27 E. Locate utilities so as not to obstruct or destroy scenic views wherever facilities must be
28 placed in a shoreline area. Place utility lines underground when feasible to minimize
29 damage to the shoreline aesthetic quality.
30 F. Locate utilities in existing rights of way or corridors whenever feasible.
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1 G. Restore shoreline areas damaged by the installation or maintenance of utilities.
2 H. Provide public access to the shoreline whenever a major utility line or facility utilizes a
3 shoreline location or crossing, unless the utility presents a serious hazard to the public.
4 5.17.02 REGULATIONS
5 A. All utility system projects and maintenance activities shall be designed, located, installed
6 and conducted in a manner that results in no net loss of ecological function.
7 B. If a utility is sited in shoreline jurisdiction, a mitigation plan prepared by a qualified
8 professional must be developed consistent with the provisions of Section 4.04.
9 C. Where utilities are located in shoreline jurisdiction, the utilities must:
10 1. Be designed and constructed to meet all adopted engineering standards of the
11 County.
12 2. Provide for compatible, multiple use sites, and rights-of-way whenever feasible.
13 Compatible uses may include shoreline access points, trails, and other forms of
14 recreation and transportation, provided that the uses do not interfere with the
15 operation of the utility, endanger public health or safety, or cause a significant or
16 disproportionate liability for the owner.
17 3. Minimize processes affecting the rate of channel migration and/or shoreline erosion.
18 Where increased rates of shoreline erosion may occur, the Shoreline Administrator
19 may require a monitoring and adaptive management plan that is prepared by a
20 qualified professional.
21 4. Limit clearing to the minimum necessary for installation or maintenance. Impacts
22 associated with clearing shall be mitigated on site.
23 D. In addition to the standards above, utility lines within the shoreline jurisdiction shall:
24 1. Be undergrounded in areas developed at a more urban level, such as UGAs, Limited
25 Areas of More Intensive Rural Development (LAMIRDs), and resorts, except where
26 technical, environmental, or geological conditions make undergrounding infeasible.
27 2. Be sited within the footprint of an existing rights-of-way or utility easement,
28 wherever feasible, especially in locations where right-of-ways and easements exist.
29 3. Avoid paralleling the shoreline or following a down-valley course near the channel,
30 except where located in an existing road or easement footprint.
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1 E. If an underwater location is necessary for the siting of utilities, the following
2 performance standards apply:
3 1. The design, installation, and operation shall minimize impacts to the waterway and
4 the resident aquatic ecosystems.
5 2. Seasonal work windows may be made a condition of approval.
6 3. All State and Federal permits must be obtained.
7 4. A maintenance schedule and emergency repair protocol shall be prepared and
8 recorded.
9 F. Dredging/trenching for underwater utilities is only allowed if no feasible alternative
10 location for the utilities exists, and:
11 1. Impacts to fish and wildlife habitat are minimized to the maximum extent
12 feasible;
13 2. The utility installation does not increase or decrease the natural rate, extent, or
14 chance of channel migration; and
15 3. Appropriate BMPs are employed to prevent water quality impacts or other
16 environmental degradation.
17 G. After the installation of a utility system or the completion of a maintenance project, the
18 disturbed area shall be regraded to match the natural terrain, replanted to prevent
19 erosion and provide appropriate vegetative cover, and meet any other applicable
20 standards from SMP Section 4.04.
21
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6 SHORELINE MODIFICATION POLICIES &
2 REGULATIONS
3 6.01 INTRODUCTION
4 Building on the general SMP goals found in SMP Chapter 2: Shoreline Management Goals, this
5 chapter contains specific shoreline modifications policies and regulations that apply to those
6 activities that modify the physical form of the shoreline in any shoreline environment
7 designation. By definition, shoreline modifications activities are undertaken in support of or in
8 preparation for a permitted shoreline use. A single permitted use may require several different
9 shoreline modifications.
10 Shoreline modification activities include the construction of in-water structures, overwater
11 structures and launching facilities, and shoreline stabilization measures, as well as actions such
12 as clearing, grading, and the placement of fill, and dredging and dredge material disposal. At a
13 minimum, shoreline modification policies and regulations are intended to assure no net loss of
14 the ecological functions necessary to sustain shoreline natural resources.
15 Each section includes policies and regulations. Policies are statements of principles that guide
16 and determine present and future decisions. Regulations are rules that govern developments,
17 uses, or activities.
18 6.01.01 SHORELINE MODIFICATION TABLE
19 SMP Table 6-1: Permitted, Conditional, and Prohibited Shoreline Modifications establish what
20 specific shoreline modification activities are allowed within each of the shoreline environment
21 designations. Shoreline modification activities may be permitted, allowed with a conditional
22 use permit, or prohibited and not eligible for a shoreline conditional use permit or shoreline
23 variance. Refer to individual standards in this chapter for a full explanation of modifications
24 and required conditions for permitted uses.
25
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1 Table 6-1: Permitted, Conditional, and Prohibited Shoreline Modifications
c )-•
a) �a ra c
QQj c fa i u
Shoreline Modifications (1)(2) c o ;a o ea
r -c T co c Z o-
ao 44 ce
Ce U Cr
Key:P=Permitted Use, C=Conditional Use,X=Prohibited
Clearing and Grading P P P C },
c
Placement of Fill ?
Placement of Fill Landward of OHWM P P P C o
Placement of Fill Waterward of OHWM associated with an P P P C v
Ecological Restoration Project (3) cu
Placement of Fill Waterward of OHWM not associated C C C C I' .2
co
with an Ecological Restoration Project (3) c
Dredging and Dredge Material Disposal (3) C C C C
m -a
In-Water Structures (4) C C C C a
—
Restoration (5) P P P Pcv
Shoreline Stabilization co
s,
Hard Shoreline Stabilization Measures P P C X
cu
Soft Shoreline Stabilization Measures P P P C v,
2 Notes:
3 (1) In the event of a conflict between SMP Table 6-1: Permitted, Conditional, and Prohibited
4 Shoreline Modifications and the regulatory text, the text shall hold.
5 (2) Shoreline modifications occur at or have the potential to occur at or waterward of the
6 OHWM in the Aquatic shoreline environment designation. Modifications are regulated
7 based on the adjacent landward shoreline environment designation.
8 (3) In the shoreline environment designations where these activities are allowed, the
9 placement of fill waterward of the OHWM and dredging are only permitted in limited
10 situations. See SMP Sections 6.03 and 6.04 for requirements.
11 (4) All in-water structures require a shoreline conditional use permit, except when such
12 structures are installed to protect or restore ecological functions, such as woody debris
13 installed in streams. In such cases, it would be considered a permitted shoreline
14 modification.
15 (5) Exemptions from shoreline permitting are available for certain restoration activities as
16 outlined in WAC 173-27-040(2)(o) and WAC 173-27-040(2)(p). Projects are still required to
17 comply with the SMP.
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1
2 6.02 GENERAL SHORELINE MODIFICATION PROVISIONS
3 The following provisions apply to all shoreline modification activities, whether shoreline
4 modifications address a single or multiple properties. Where other requirements may conflict
5 with the provisions contained in this chapter, the more restrictive standard shall apply.
6 6.02.01 POLICIES
7 A. Ensure shoreline modifications individually and cumulatively do not result in a net loss
8 of ecological functions.
9 B. Limit the number and extent of shoreline modification activities to reduce the negative
10 effects of shoreline modifications to the greatest extent feasible.
11 C. Plan for enhancement of impaired ecological functions where it is feasible, appropriate,
12 and accommodates permitted uses.
13 D. Allow only shoreline modifications that are appropriate to the specific shoreline
14 environmental designation in which they are located.
15 E. Prefer those types of shoreline modifications that have a lesser impact on ecological
16 functions. Promote soft over hard shoreline modification measures.
17 6.02.02 REGULATIONS
18 A. Structural shoreline modifications may be allowed if they are demonstrated to be
19 necessary to support or protect a legally permitted shoreline structure or use that is in
20 danger of loss or substantial damage or are necessary for mitigation or enhancement.
21 B. Shoreline modifications shall be limited in number and extent.
22 C. The Shoreline Administrator shall base all decisions regarding shoreline modification on
23 available scientific and technical information and a comprehensive analysis of site-
24 specific conditions provided by the applicant.
25 D. Shoreline modifications must be designed and located to ensure that they will not result
26 in a net loss of shoreline ecological functions and will not have significant adverse
27 impacts to shoreline uses, resources, and values provided for in RCW 90.58.020.
28 E. Shoreline modifications and uses shall be designed and managed to prevent
29 degradation of water quality and alteration of natural hydrographic conditions.
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1 F. Shoreline modification standards shall not apply retroactively to existing, legally
2 established shoreline modifications. Existing structures may be maintained, repaired,
3 and operated within shoreline jurisdiction and within the shoreline buffers established
4 in the SMP. Repair and replacement provisions in later sections of this chapter may
5 apply to specific modifications.
6 G. All disturbed upland areas shall be restored and protected from erosion by using native
7 vegetation or other means.
8 H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03,
9 with appropriate mitigation required for unavoidable impacts to ecological functions. If
10 critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant
11 requirements of SMP Section 4.04.
12
13 6.03 CLEARING, GRADING, AND FILL
14 Clearing, grading, and the placement of fill are the activities associated with preparing a site for
15 development, as well as physically altering topography. The clearing and grading regulations in
16 this section apply to activities landward of the OHWM and the placement of fill applies both
17 waterward and landward of the OHWM.
18 See SMP Section 6.04 for dredging for purposes of flood control, navigation, the construction of
19 water-dependent portions of essential public facilities, or restoration.
20 6.03.01 POLICIES
21 A. Protect shoreline ecological functions, including channel migration, by regulating
22 clearing, grading, and the placement of fill.
23 B. Permit clearing,grading, and the placement of fill only to the minimum extent necessary
24 to accommodate an approved shoreline use or development and with no net loss of
25 shoreline ecological functions and processes.
26 C. Require that BMPs be utilized during clearing,grading, and fill activity.
27 D. Permit clearing, grading, and the placement of fill associated with dike or levee
28 maintenance as necessary to provide protection from flood hazards when consistent
29 with the flood hazard management provisions in SMP Section 4.05.
30 E. Ensure that the placement of fill does not result in a loss of flood storage.
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1 F. Encourage the enhancement and voluntary restoration of landforms for habitat along
2 shorelines.
3 6.03.02 REGULATIONS
4 A. Clearing, grading, and the placement of fill shall be minimized to the extent feasible and
5 only allowed when necessary to accommodate an approved shoreline use or
6 development.
7 B. All clearing, grading, and the placement of fill shall be located, designed, and
8 constructed to protect shoreline ecological functions and ecosystem-wide processes,
9 including channel migration.
10 C. Speculative clearing, grading, and the placement of fill are prohibited.
11 D. When clearing, grading, or the placement of fill will cause adverse impacts to ecological
12 functions, a mitigation plan, prepared by a qualified professional, must be completed
13 consistent with the provisions of SMP Section 4.04.
14 E. Clearing, grading, and the placement of fill within wetlands, floodways, or CMZs, and/or
15 the placement of fill waterward of the OHWM, is only allowed when:
16 1. Due consideration has been given to the site specific conditions;
17 2. All impacts have been mitigated;
18 3. All required State and Federal permits, and necessary approvals from WDNR for
19 State-owned aquatic lands, have been obtained; and
20 4. The shoreline use or development is one of the following:
21 a. A water-dependent use or public access to the shoreline;
22 b. The cleanup and disposal of contaminated sediments as part of an interagency
23 environmental clean-up plan;
24 c. The disposal of dredged material considered suitable under, and conducted in
25 accordance with, the WDNR's Dredged Material Management Program and the
26 United States Army Corps of Engineers' (USACE) Dredged Material Management
27 Office. See also SMP Section 6.04;
28 d. The expansion or alteration of transportation facilities of statewide significance
29 that are currently located in the shoreline, where alternatives to fill are
30 infeasible;
31 e. Ecological enhancement, restoration or mitigation, when consistent with an
32 approved plan; or
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1 f. The protection of historic or cultural resources when fill is the most feasible
2 method to avoid continued degradation, disturbance, or erosion of a site. Such
3 fill must be coordinated with any affected tribes and comply with applicable
4 provisions of SMP Section 4.02.
5 F. Upland clearing, grading and the placement of fill outside of wetlands, floodways, and
6 CMZs is permitted provided it:
7 1. Is the minimum necessary to implement the approved use or modification;
8 2. Does not significantly change the topography of the landscape in a manner that
9 affects hydrology or increases the risk of slope failure, consistent with the applicable
10 provisions of SMP Section 4.04; and
11 3. Is conducted outside required shoreline buffers, unless specifically authorized by the
12 SMP, or is necessary to provide protection to historic or cultural resources.
13 G. Grading, the placement of fill, and beach nourishment shall be designed to blend
14 physically and visually with the existing topography whenever feasible, so as not to
15 interfere with lawful access and enjoyment of scenery.
16 H. Clearing, grading, and the placement of fill shall not be located where shoreline
17 stabilization will be necessary to protect the materials placed or removed, except when
18 part of an approved plan for the protection of historic or cultural resources, or as part of
19 an approved environmental cleanup plan or project.
20 I. Cut and fill slopes shall generally be sloped no steeper than one foot vertical for every
21 two feet horizontal (1:2) unless a specific engineering analysis has been provided that
22 demonstrates the stability of a steeper slope.
23 J. A temporary erosion and sediment control plan, including BMPs, consistent with the
24 County's stormwater manual, shall be submitted to and approved by the Shoreline
25 Administrator prior to commencement of all clearing, grading, and fill activities.
26 K. To prevent a loss of flood storage, compensatory storage shall be provided
27 commensurate with the amount of fill placed in the floodway per SMP Section 4.05.
28 L. The placement of fill on State-owned aquatic lands must comply with WDNR and WDFW
29 standards and regulations.
30
31 6.04 DREDGING AND DREDGE MATERIAL DISPOSAL
32 This section is intended to cover dredging and dredge material disposal. It is not intended to
33 cover mining or other excavations waterward of the OHWM that are incidental to construction
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1 of an authorized use or modification such as bulkhead replacements, large woody debris
2 installations, boat launch ramp installation, or pile placement. These in-water substrate
3 modifications should be conducted in accordance with all applicable regulations for the
4 proposed use found in the SMP.
5 6.04.01 POLICIES
6 A. Conduct dredging in a manner that utilizes mitigation sequencing and ensures no net
7 loss of shoreline ecological functions.
8 B. Allow dredging for navigation channels when needed to assure safe and efficient
9 accommodation of existing navigational uses only when significant ecological impacts
10 are minimized and mitigated.
11 C. Permit dredging as part of restoration or enhancement, public access, flood storage as
12 part of a flood hazard management program, or navigation if deemed consistent with
13 the SMP.
14 D. Prohibit dredging waterward of the OHWM to obtain fill material except when the
15 dredge material is necessary for the restoration of shoreline ecological functions.
16 E. Site new development to avoid the need for new and maintenance dredging. Where
17 avoidance is not feasible, ensure the site is designed to minimize the need for dredging.
18 F. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to
19 open water disposal.
20 G. Coordinate local, State, and Federal permit requirements for dredging.
21 6.04.02 REGULATIONS
22 A. Dredging
23 1. Dredging and dredge disposal proposals shall utilize the mitigation sequence in SMP
24 Section 4.03. Where adverse impacts are unavoidable, a mitigation plan shall be
25 prepared by a qualified professional consistent with the provisions of SMP Section
26 4.04.
27 2. Dredging shall only be permitted for the following activities:
28 a. Development of new or expanded moorages or water-dependent industrial uses
29 where there are no other feasible alternatives, significant ecological impacts are
30 minimized, and mitigation is provided.
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1 b. Development of essential public facilities where no feasible alternative location
2 exists.
3 c. Maintenance of irrigation reservoirs, drains, canals, and ditches for agricultural
4 purposes, when the facility is not already exempt from the SMP.
5 d. Restoration or enhancement of shoreline ecological functions and processes that
6 benefit water quality or fish and wildlife habitat.
7 e. Establishment, expansion, relocation, or reconfiguration of navigation channels
8 where necessary to assure the safe and efficient accommodation of existing
9 navigational uses.
10 f. Maintenance dredging of established navigation channels and basins, so long as
11 the dredging is restricted to the previously dredged or authorized location,
12 depth, and width.
13 g. Flood hazard reduction.
14 3. Applicants must receive all applicable State and Federal permits prior to the
15 commencement of any dredging.
16 4. Dredging shall be prohibited for the primary purpose of obtaining fill material,
17 except when necessary for the restoration of shoreline ecological functions and
18 consistent with the following:
19 a. Dredge material must be placed waterward of the OHWM.
20 b. The project must be associated with either a MTCA or CERCLA habitat
21 restoration project or, if the project is approved through a shoreline conditional
22 use permit, the project may be another significant habitat enhancement project.
23 5. New development shall be sited and designed to avoid or minimize the need for new
24 or maintenance dredging.
25 B. Dredge Material Disposal
26 1. Dredge material disposal within shoreline jurisdiction may be permitted so long as:
27 a. Shoreline ecological functions and processes are preserved, restored, or
28 enhanced. Factors to consider include surface and groundwater protection,
29 erosion, sedimentation, and the impacts of floodwaters or runoff.
30 b. The disposal will not adversely affect public or private property.
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1 2. The disposal of dredged material is considered suitable under, and conducted in
2 accordance with, the Washington State Department of Natural Resources' (WDNR's)
3 Dredged Material Management Program and the United States Army Corps of
4 Engineers' (USACE) Dredged Material Management Office.
5 3. Disposal of dredge material within CMZs is discouraged. In the limited instances
6 where it is allowed, such disposal shall require a shoreline conditional use permit.
7 This provision is not intended to address the discharge of dredge material into the
8 flowing current of a river or in deep water within the channel where it does not
9 substantially affect the geohydrologic character of the CMZ.
10 4. Dredge material disposal in open waters may be approved when authorized by
11 applicable State and Federal agencies and when one of the following conditions
12 apply:
13 a. Land disposal is infeasible, inconsistent with the SMP, or prohibited by law; or
14 b. Disposal as part of a program to restore or enhance shoreline ecological
15 functions and processes is not feasible.
16 5. If applicable, the use of dredge material to benefit shoreline resources shall be
17 addressed through the implementation of a regional interagency dredge material
18 management plan or watershed plan.
19 C. Submittal Requirements
20 A detailed description of the purpose of the proposed dredging and an analysis of
21 compliance with the policies and regulations of the SMP shall be required for all
22 dredging applications. Materials prepared for State or Federal permits such as an HPA
23 may be used to support the analysis.
24
25 6.05 IN-WATER STRUCTURES
26 This section applies to in-water structures as defined in Chapter 8 of this SMP.
27 6.05.01 POLICIES
28 A. Design in-water structures to be compatible with the long-term use of resources, such
29 as public access, recreation, and fish migration.
30 B. Locate, design, construct, and maintain in-water structures to give due consideration to:
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1 1. The full range of public interests;
2 2. Watershed processes, including prevention of damage to other properties and other
3 shoreline resources from alterations to geologic and hydrologic processes;
4 3. Scenic vistas;
5 4. Historic and cultural resources; and
6 5. Ecological functions, with special emphasis on protecting and restoring priority
7 habitats and species.
8 C. Site and design in-water structures to be consistent with appropriate engineering
9 principles, including guidelines of the WDFW, NRCS, and the USACE.
10 D. Incorporate applicable watershed, surface water management, and restoration plans in
11 the planning and design of in-water structures.
12 E. Encourage nonstructural and non-regulatory methods to protect, enhance, and restore
13 shoreline resources and ecological functions as an alternative to in-water structures.
14 F. Consider alternatives to hard in-water structures, such as soft in-water structures or
15 several smaller discontinuous structures, as part of an application where physical
16 conditions make such alternatives with less impact feasible.
17 G. Incorporate native vegetation as part of the design of in-water structures to enhance
18 ecological functions, create a more natural appearance, and improve ecological
19 processes.
20 H. Require a shoreline conditional use permit for dams, weirs, and similar structures,
21 except for those structures installed to protect or restore ecological functions, such as
22 woody debris, engineered logjams, or habitat-forming rock weirs installed in streams.
23 I. Only allow groins and weirs to be placed waterward of the OHWM in limited instances.
24 6.05.02 REGULATIONS
25 A. In-water structures shall require a shoreline conditional use permit, except for those
26 structures installed to protect or restore ecological functions, such as woody debris
27 installed in streams.
28 B. In-water structures shall be designed, constructed, and maintained to ensure no net loss
29 of shoreline ecological functions.
30 C. A professional engineer licensed in the State shall certify the designs of all in-water
31 structures and include a monitoring and maintenance schedule.
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1 D. Appropriate engineering principles and BMPs, including guidelines of the WDFW, NRCS,
2 and the USACE, shall be used in the design of in-water structures, provided that their
3 use infringes on private property rights to the minimum extent necessary to serve the
4 primary purpose of the in-water structure. WDFW's Integrated Streambank Protection
5 Guidelines may be used for BMPs for in-water structures.
6 E. The mitigation sequence in SMP Section 4.03 shall be required, with mitigation required
7 for all unavoidable impacts to ecological functions. If critical areas in the shoreline
8 jurisdiction are impacted, the project is subject to SMP Section 4.04.
9 F. Projects involving in-water work may not commence without having obtained all
10 applicable County, State, and Federal permits and approvals.
11 G. If at any time, because of in-water work, fish are observed to be in distress or water
12 quality problems develop, immediate notification shall be made to the appropriate State
13 or Federal agencies, including Ecology, WDFW, National Marine Fisheries Service, or
14 United States Fish and Wildlife Service.
15 H. Alteration or disturbance of the bank and bank vegetation shall be limited to the
16 minimum necessary to perform the in-water work. All disturbed areas shall be
17 protected from erosion and be restored using vegetation or other means.
18 I. Waste material resulting from the installation and removal of an in-water structure shall
19 be deposited in an approved upland disposal site outside of the shoreline jurisdiction.
20 J. Natural in-water features such as snags, uprooted trees, or stumps should be left in
21 place unless removal is approved by WDFW.
22 K. Motor vehicles, appliances, or other solid waste shall not be used as in-water structures.
23 Demolition debris and reclaimed materials that are non-toxic and non-chemically
24 contaminating may be used.
25 L. In-water structures designed by public entities shall include public access under SMP
26 Section 4.06 whenever feasible. At a minimum, in-water structures should not decrease
27 public access or the use potential of shorelines.
28 M. In-water structures and uses shall be sited and designed to avoid the need for future
29 shoreline stabilization and dredging.
30 N. New, expanded, or replacement in-water structures shall only be permitted if it can be
31 demonstrated that:
32 1. The proposed structure utilizes BMPs and will not result in a net loss of shoreline
33 ecological functions;
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1 2. The proposed in-water structure supports water-dependent uses, public access,
2 shoreline stabilization, shoreline restoration, or some other specific public purpose;
3 and
4 3. The benefits to the region outweigh the short and long-term resource losses from
5 such work.
6
7 6.06 RESTORATION
8 Shoreline habitat and natural systems enhancement and restoration projects include those
9 activities proposed and conducted specifically for the purpose of establishing, restoring, or
10 enhancing habitat for priority species in shorelines.
11 Examples of shoreline habitat and natural systems enhancement projects include floodplain
12 restoration projects, fish passage barrier removal or improvement, and projects to increase
13 shoreline habitat complexity, among others.
14 6.06.01 POLICIES
15 A. Use principles of landscape and conservation ecology to design restoration and
16 enhancement actions and improve shoreline ecological functions and processes.
17 Consider the restoration of ecosystem-wide physical and biological processes that affect
18 shoreline habitat structure and functions as the primary goal of these actions.
19 B. Encourage cooperative shoreline restoration and enhancement programs between
20 local, State, and Federal agencies, tribes, nonprofit organizations, and landowners to
21 improve impaired ecological functions.
22 C. Target restoration and enhancement projects that support the life cycles of priority
23 species, such as Chinook salmon and other anadromous fish; locally important plants,
24 fish and wildlife; and other populations or habitats for which a prioritized restoration or
25 recovery plan is available.
26 D. Encourage restoration and enhancement projects by developing project permitting and
27 processing guidelines that streamline permit review.
28 E. Seek and support funding opportunities to implement restoration and enhancement
29 projects.
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1 F. Avoid adverse impacts to critical areas, fish and wildlife habitat conservation areas,
2 water quality, and water storage capacity in all shoreline restoration and enhancement
3 projects.
4 6.06.02 REGULATIONS
5 A. The Lewis County Shoreline Restoration Plan, and the plans of the Lower Columbia Fish
6 Recovery Board, the Chehalis Basin Lead Entity, and other salmon recovery lead entities,
7 identify potential restoration priorities and projects in shoreline areas throughout the
8 County. These plans may be used as a guide for shoreline restoration and enhancement
9 projects.
10 B. All shoreline restoration and enhancement projects shall be designed and implemented
11 by qualified professionals using best available science (BAS) and BMPs.
12 C. Shoreline restoration and enhancement projects shall protect the integrity of onsite and
13 adjacent natural resources, including aquatic and terrestrial habitats, processes, and
14 properties.
15 D. Shoreline restoration and enhancement projects shall demonstrate that no significant
16 adverse change to river current, sediment transport, or water quality will result from
17 the project.
18 E. Restoration and enhancement projects shall be designed, maintained, and monitored to
19 ensure long-term success. Measures to ensure the success of the project shall be
20 identified by a qualified professional in any plan or details submitted for the project.
21 Monitoring periods should generally not be less than three years.
22 F. Shoreline restoration and enhancement efforts shall not significantly interfere with the
23 normal public use of the navigable waters of the State without appropriate mitigation.
24 For projects on State-owned aquatic lands, project proponents must coordinate with
25 the WDNR to ensure the project will be appropriately located, prior to the solicitation of
26 permits from regulatory agencies.
27 G. Shoreline restoration and ecological enhancement projects are permitted in all
28 shoreline environment designations and may include shoreline modification actions
29 such as clearing, shoreline stabilization, dredging or filling, provided that the primary
30 purpose of such actions is clearly restoration of the natural character and ecological
31 functions of the shoreline.
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1 H. Review of restoration projects shall occur as follows:
2 1. Projects that qualify as streamlined fish enhancement projects per RCW 77.55.181
3 shall be reviewed by the Department of Fish and Wildlife, and not be considered
4 under this section.
5 2. Restoration projects that are not subject to RCW 77.55.181 shall be reviewed under
6 this section. Certain projects may be exempt from the requirement for a Shoreline
7 Substantial Development per RCW 90.58.147.
8 I. In accordance with RCW 90.58.580, a shoreline substantial development permit may not
9 be required for development within an UGA that takes place on land that is brought
10 under shoreline jurisdiction due to a shoreline restoration project. Any relief granted
11 shall be strictly in accordance with the limited provisions of RCW 90.58.580, including
12 the specific approval of Ecology.
13
14 6.07 SHORELINE STABILIZATION
15 Shoreline stabilization includes structural and nonstructural measures taken to address erosion
16 impacts caused by natural processes, such as currents, floods, and waves. "Hard" structural
17 shoreline stabilization measures include solid, hard surfaces, such as concrete or boulder
18 bulkheads. "Soft" structural shoreline stabilization measures rely on less rigid materials, such as
19 anchored logs, limited rock placement in conjunction with other components, and beach
20 enhancement.
21 Generally, the harder the structural shoreline stabilization measure, the greater the impact on
22 shoreline processes. Nonstructural shoreline stabilization measures include shoreline buffers,
23 relocation of structures, groundwater management, and planning and regulatory measures to
24 avoid the need for stabilization structures.
25 6.07.01 POLICIES
26 A. Use structural shoreline stabilization measures only when nonstructural shoreline
27 stabilization measures have been determined to be infeasible. The use of shoreline
28 stabilization measures should be based on the following hierarchy of preference:
29 1. Take no action. Allow the shoreline to retreat naturally, increase shoreline buffers,
30 and relocate structures.
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1 2. Use flexible, bioengineered structures constructed of natural materials such as
2 protective berms, large woody debris, or vegetative stabilization.
3 3. Employ rigid structures constructed of artificial materials such as riprap or concrete.
4 B. Locate and design shoreline stabilization measures to fit the physical character of the
5 specific shoreline reach, which may differ substantially from adjacent reaches.
6 C. Coordinate the development of shoreline stabilization measures between affected
7 property owners and public agencies and ensure those measures infringe on private
8 property rights to the minimum extent necessary.
9 D. Consider the probable effects of proposed shoreline stabilization measures on
10 neighboring properties.
11 E. Restrict the size of new shoreline stabilization structures to the minimum necessary.
12 F. Only permit new or expanded shoreline stabilization structures in limited instances.
13 G. Locate, design, and maintain shoreline stabilization structures to protect and maintain
14 shoreline ecological functions, ongoing shoreline processes, and the integrity of
15 shoreline features.
16 H. Locate and design shoreline stabilization structures to avoid the need for future
17 structures where feasible.
18 I. Prohibit the installation of shoreline stabilization structures to create additional
19 property.
20 J. Design land subdivisions to assure that future development on created lots will not
21 require shoreline stabilization structures for reasonable development to occur.
22 K. Require new development on steep slopes or bluffs to be set back so that the need for
23 shoreline stabilization structures is unlikely during the life of the development.
24 L. Prohibit new development requiring shoreline stabilization structures that are likely to
25 cause adverse impacts to adjacent or down-current properties and shoreline areas.
26 M. Incorporate multiple uses, restoration, and public shoreline access in the location,
27 design, and maintenance of shoreline stabilization structures for public developments,
28 whenever compatible with the primary purpose of the shoreline stabilization.
29 N. Utilize BMPs in the design of shoreline stabilization structures.
30 O. Allow new or expanded shoreline stabilization structures for ecological enhancement
31 and restoration projects, or hazardous substance remediation projects only when
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1 nonstructural measures are infeasible or would be insufficient to achieve enhancement,
2 restoration, or remediation objectives.
3 6.07.02 REGULATIONS
4 A. Design and Location of New Development
5 1. New development shall be located and designed to avoid the need for future
6 shoreline stabilization measures to the extent feasible.
7 2. New developments that require shoreline stabilization measures that cause
8 significant impacts to adjacent or down-current properties and shorelines shall not
9 be allowed.
10 3. Land subdivisions shall be designed to assure that future development of the
11 created lots will not require shoreline stabilization structures for reasonable
12 development to occur as demonstrated by a geotechnical analysis of the site and
13 shoreline conditions.
14 4. New development on steep slopes or bluffs shall be set back sufficiently to ensure
15 that shoreline stabilization structures are unlikely to be necessary during the life of
16 the development as demonstrated by a geotechnical analysis.
17 5. If the applicant submits a proposal that is consistent with the critical area buffer
18 requirements in SMP Appendix 2: Critical Areas Regulations, and is expected to have
19 little need for future shoreline stabilization as proposed, the Shoreline Administrator
20 may waive the need for a geotechnical analysis to be conducted per Sections
21 6.07.02(A)(3) and (4).
22 B. Repair and Maintenance of Existing Shoreline Stabilization Structures
23 1. The following items distinguish between maintenance and repair of a shoreline
24 stabilization structure and a new structure:
25 a. Maintenance and repair includes modifications to an existing shoreline
26 stabilization structure that is designed to ensure the continued function of the
27 existing structure.
28 b. A modification that increases the size of the existing shoreline stabilization
29 structure shall be considered a new structure, not maintenance or repair.
30 c. Replacement of greater than 50 percent of an existing shoreline stabilization
31 structure, as measured on a cumulative basis since the structure was
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1 established, is not considered repair or maintenance, and is considered a new
2 structure.
3 d. Removal of an existing shoreline stabilization structure, including its footing or
4 bottom course of rock, prior to the placement of a new structure, is considered a
5 new structure for the purposes of this section. Removal of only the material
6 above the footings or bottom course of rock is not considered a new structure
7 and qualifies as maintenance and repair.
8 e. The placement of a new shoreline stabilization structure landward of a failing
9 shoreline stabilization structure shall be considered a new structure subject to all
10 the requirements of SMP Section 6.07, not maintenance or repair.
11 2. When an application proposes repair and maintenance of an existing legally
12 established shoreline stabilization structure, it is subject to the following standards:
13 a. Repair and maintenance of existing shoreline stabilization structures must be
14 consistent with the requirements of SMP Section 4.04.
15 b. Areas of temporary disturbance within the shoreline buffer associated with
16 maintenance and repair shall be restored to their pre-project condition within 30
17 days.
18 3. Repair of shoreline stabilization structures meeting all the criteria for exemption
19 from a shoreline substantial development permit must still comply with SMP Section
20 6.07.02(E) and the SMP.
21 C. Replacement or Enlargement of Existing Shoreline Stabilization Structures
22 1. Replacement or enlargement of an existing shoreline stabilization structure shall be
23 considered a new structure.
24 2. For purposes of this section, replacement means the construction of a new structure
25 to perform the shoreline stabilization function of an existing structure that can no
26 longer adequately serve its purpose.
27 D. Standards to Demonstrate Need for Other Shoreline Stabilization Structures
28 1. New shoreline stabilization structures shall only be allowed, when the following
29 standards are met :
30 a. Natural processes are causing the shoreline erosion;
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1 b. Site erosion is not being caused by upland conditions, such as drainage and the
2 loss of vegetation;
3 c. Nonstructural measures, such as planting vegetation or installing on-site
4 drainage improvements, are not feasible or sufficient to address erosion causes
5 or impacts adequately; and
6 d. The need to protect primary structures or water dependent uses from damage
7 due to erosion is demonstrated through a geotechnical analysis. Normal
8 sloughing, erosion of steep bluffs, or shoreline erosion in itself, without a
9 geotechnical analysis, is not demonstration of need.
10 2. Shoreline stabilization structures may also be allowed to protect historic or cultural
11 resources, or as part of restoration or hazardous substance remediation projects
12 pursuant to Chapter 70.105D RCW, when nonstructural measures, such as planting
13 vegetation or installing on-site drainage improvements, are not feasible or sufficient
14 to adequately address the causes of erosion or avoid continued degradation,
15 disturbance, or erosion of a site.
16 3. A geotechnical analysis is not required when an applicant proposes to replace an
17 existing shoreline stabilization structure with a softer measure, unless an analysis is
18 deemed necessary by the Shoreline Administrator. To help determine the need for a
19 geotechnical analysis, the applicant shall submit site photographs and a written
20 narrative that describes the need to protect the primary uses or structures from
21 erosion caused by waves or other natural processes operating at or waterward of
22 the OHWM.
23 4. Replacement of hard shoreline stabilization structures shall not encroach waterward
24 of the OHWM or the existing shoreline stabilization measure unless the primary
25 residence was constructed prior to January 1, 1992, and there are overriding safety
26 or environmental concerns. In such cases, the replacement for the shoreline
27 stabilization structure shall be attached to and waterward of the existing structure.
28 All other replacement of hard stabilization structures shall be located at or landward
29 of the existing shoreline stabilization measure.
30 E. General Design Standards
31 1. Shoreline stabilization measures shall not result in a net loss of shoreline ecological
32 function.
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1 2. When a hard or soft shoreline stabilization structure is demonstrated to be
2 necessary, the following design standards shall be incorporated as part of the
3 design:
4 a. Impacts to sediment transport shall be avoided, minimized, or mitigated.
5 b. Shoreline stabilization structures shall be the minimum size necessary by height,
6 depth, and mass, and not extend waterward more than the minimum amount
7 needed to achieve effective stabilization, except for those elements that
8 enhance shoreline ecological functions and minimize impacts.
9 c. Soft structural shoreline stabilization measures shall be used to the maximum
10 extent feasible for new, enlarged, or replacement shoreline stabilization
11 structures, unless demonstrated insufficient to protect primary structures in a
12 geotechnical analysis.
13 d. When feasible, hard structural shoreline stabilization measures shall be limited
14 to the portion of the site necessary to protect primary structures or connect to
15 existing shoreline stabilization measures on adjacent properties.
16 e. All clearing, grading, and the placement of fill associated with shoreline
17 stabilization structures shall be conducted landward of the OHWM to the
18 maximum extent feasible unless it is infeasible due to safety or environmental
19 concerns.
20 f. The placement of fill behind shoreline stabilization structures is limited to one
21 cubic yard per running foot of stabilization.The placement of fill in excess of this
22 amount shall be subject to the regulations in SMP Section 6.03 and require a
23 shoreline substantial development permit or shoreline conditional use permit.
24 g. All approved new, enlarged, or replacement shoreline stabilization structures
25 shall be designed using BMPs, including WDFW's Integrated Streambank
26 Protection Guidelines, and minimize and mitigate unavoidable adverse impacts
27 to public and private properties and ecological functions, consistent with SMP
28 Section 4.04.
29 h. All new, enlarged, or replacement shoreline stabilization structures shall mitigate
30 adverse impacts to ecological functions and public and private properties.
31 Mitigation measures shall be identified by the project proponent as part of the
32 project application, and may be supplemented by the County, or State or Federal
33 agencies, depending on the level of impact.
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1 i. When a new shoreline stabilization structure is proposed on a site where
2 adjacent properties do not have shoreline stabilization structures, the new
3 structure shall tie in with the existing contours of the adjoining properties, as
4 feasible, to prevent erosion of the neighboring land.
5 j. When a new shoreline stabilization structure is proposed on a site where
6 adjacent properties have shoreline stabilization structures, the new structure
7 may tie in with the existing structures on the adjoining properties. The new
8 structure shall minimize, to the maximum extent feasible, the portion of the new
9 structure that is waterward of the OHWM to connect to the existing structures.
10 k. Shoreline stabilization structures shall be designed to remain stable during storm
11 events, flood events on rivers, and wave conditions on lakes.
12 I. Shoreline stabilization shall be designed to not significantly interfere with normal
13 surface or subsurface drainage into the adjacent waterbody.
14 m. All shoreline stabilization shall be designed to avoid hazards to navigation.
15 n. Shoreline stabilization shall be designed to not restrict appropriate public access
16 to the shoreline. Where a shoreline stabilization structure is required at a public
17 access site, provisions for safe access to the water shall be incorporated into the
18 design.
19 o. Publicly financed or subsidized shoreline erosion control measures shall allow
20 appropriate public access to the shoreline except where such access is
21 determined to be infeasible because of incompatible uses, safety, security, or its
22 potential to harm to ecological functions or the rights of adjacent landowners. In
23 cases where the property has been taken by eminent domain, the condemning
24 agency shall not allow public access unless it informs the court and property
25 owner(s) that that the land is being taken for the purpose, potentially among
26 others, of providing public access to the shoreline.
27 p. Stairs or other water access measures may be incorporated into shoreline
28 stabilization design, provided that they do not extend waterward of the OHWM.
29 F. Submittal Requirements
30 In addition to submitting an application for the appropriate shoreline permit, the
31 applicant shall submit a geotechnical analysis prepared by an engineer licensed by the
32 State as part of a request to construct a new, enlarged, or replacement shoreline
33 stabilization structure. This analysis must include:
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1 1. Adequate provisions to address the standards for geotechnical reports in WAC 173-
2 26-231(3)(a)(iii)(D).
3 2. Detailed construction plans for all shoreline stabilization structures, including, but
4 not limited to, the following:
5 a. Plan and cross-section views of the existing and proposed shoreline
6 configuration, showing OHWM and accurate existing and proposed topography;
7 b. A detailed construction sequence and specifications for all materials; and
8 c. A mitigation and monitoring plan to ensure no net loss of shoreline functions.
9
10 6.08 STRUCTURAL FLOOD HAZARD REDUCTION MEASURES
11 This section applies to structural flood hazard reduction measures as specified in SMP Section
12 4.05.
13 6.08.01 POLICIES
14 A. Establish standards for structural flood hazard reduction measures to minimize
15 environmental impacts and ensure no net loss of shoreline ecological functions.
16 B. Require new publicly funded dike or levee projects to dedicate and improve public
17 access, except when subject to the exceptions in SMP Section 4.06.
18 6.08.02 REGULATIONS
19 A. Where a project is specially intended to reduce flood hazards, structural flood hazard
20 reduction measures shall only be allowed when a scientific and engineering analysis
21 demonstrates:
22 1. That the structure is necessary to protect existing development;
23 2. That nonstructural measures are not feasible;
24 3. That impacts on ecological functions and priority species and habitats can be
25 successfully mitigated so as to assure no net loss; and
26 4. That appropriate vegetation conservation actions are undertaken consistent with
27 SMP Chapter 4.04.
28 B. New flood hazard reduction structures shall be placed landward of associated wetlands
29 and designated vegetation conservation areas, except when the measure would
30 increase ecological functions, such as when included as part of a wetland restoration.
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1 Provided that, such flood hazard reduction structures may be authorized if it is
2 determined that no other alternative to reduce the flood hazard to existing
3 development is feasible. The need for, and analysis of feasible alternatives to, structural
4 improvements shall be documented through a geotechnical analysis.
5 C. New publicly funded structural flood hazard management measures, including dikes and
6 levees, shall dedicate and improve public access except in those instances as listed in
7 SMP Section 4.06.02(B).
8
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1 7 SHORELINE ADMINISTRATION
2 7.01 INTRODUCTION
3 SMP Chapter 7: Shoreline Administration describes the administrative procedures and
4 enforcement of a permit system that implements the SMP, together with amendments or
5 additions thereto. Issuance of a shoreline permit or letter of exemption from the Shoreline
6 Administrator does not exclude the requirements for other County, State, and Federal permits,
7 procedures, and regulations.
8
9 7.02 PERMIT PROCESSING - GENERAL
10 7.02.01 SHORELINE ADMINISTRATOR
11 A. The Shoreline Administrator shall be responsible for the administration of the permit
12 system in accordance with the requirements of the SMA and regulations adopted as
13 part of the SMP as it pertains to the County. This shall include, but not be limited to,
14 determinations of whether a development is exempt or requires a shoreline substantial
15 development permit, conditional use permit, or variance.
16 B. The Shoreline Administrator shall ensure that administrative provisions are in place so
17 that SMP permit procedures and enforcement are conducted in a manner consistent
18 with relevant constitutional limitations on regulation of private property.
19 C. Administrative Interpretations
20 1. The Shoreline Administrator shall have authority to interpret this SMP when such
21 interpretation is clearly consistent with the goals and policies of the SMP and the
22 SMA.
23 2. As part of this process, the Shoreline Administrator shall consult with Ecology to
24 insure that formal written interpretations are consistent with the purpose and intent
25 of the SMA and Chapter 173-26 WAC.
26 3. Formal interpretations shall be kept on file by the County and shall be available for
27 public review, and shall periodically be incorporated into the SMP during required
28 update processes.
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1 D. The Shoreline Administrator shall review every application that is submitted and
2 determine if the application is complete based upon the information required by this
3 section.
4 E. The Shoreline Administrator may recommend conditions to the Hearing Examiner for
5 the approval of permits as necessary to ensure consistency of the project with the SMA
6 and the SMP.
7 7.02.02 PROVISIONS APPLICABLE TO ALL SHORELINE PERMITS
8 A. Unless specifically exempted by statute, all proposed uses and development occurring
9 within shoreline jurisdiction must conform to the development standards in the LCC,
10 Chapter 90.58 RCW, the SMA, and this SMP, whether or not a permit is required.
11 B. Requirements to obtain a Substantial Development Permit, Conditional Use Permit,
12 Variance, letter of exemption, or other review to implement the Shoreline Management
13 Act do not apply to the following:
14 i. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial
15 action at a facility pursuant to a consent decree, order, or agreed order issued
16 pursuant to chapter 70.105D RCW, or to the department of ecology when it
17 conducts a remedial action under chapter 70.105D RCW. Periodic Review
18 Checklist Guidance 6 September 2019.
19 ii. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW
20 90.58.355, any person installing site improvements for storm water treatment in
21 an existing boatyard facility to meet requirements of a national pollutant
22 discharge elimination system storm water general permit.
23 iii. WSDOT facility maintenance and safety improvements. Pursuant to RCW
24 90.58.356, Washington State Department of Transportation projects and
25 activities meeting the conditions of RCW 90.58.356 are not required to obtain a
26 Substantial Development Permit, Conditional Use Permit, Variance, letter of
27 exemption, or other local review.
28 iv. (iv) Projects consistent with an environmental excellence program agreement
29 pursuant to RCW 90.58.045.
30 v. (v) Projects authorized through the Energy Facility Site Evaluation Council
31 process, pursuant to chapter 80.50 RCW.
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1 C. No authorization to undertake a use or development on Shorelines of the State shall be
2 granted by the County, unless, upon review, the use or development is determined to
3 be consistent with the policy and provisions of the SMP.
4 D. Applications for shoreline substantial development permits, conditional use permits,
5 and variances shall be processed in accordance with the provisions of this SMP.
6 E. The applicant shall meet all of the review criteria for all development found in WAC 173-
7 27-140.
8 F. A shoreline substantial development shall not be undertaken within the County unless a
9 shoreline substantial development permit has been obtained, the appeal period has
10 been completed, and any appeals have been resolved.
11 G. All purchasers or transferees of property shall comply with the provisions of the SMA,
12 the SMP, and any shoreline substantial development permit, conditional use permit,
13 variance, permit revision, or letter of exemption.
14 7.02.03 APPLICATION REQUIREMENTS
15 Applications for shoreline permits or letters of exemptions shall be made on forms provided by
16 the Shoreline Administrator. An applicant for a shoreline substantial development permit, who
17 wishes to request a shoreline conditional use permit or variance, shall submit the shoreline
18 conditional use permit or variance application(s) and the shoreline substantial development
19 permit application simultaneously.
20 Applications shall be substantially consistent with the information required by WAC 173-27-180
21 and include any additional submittals deemed necessary by the Shoreline Administrator for
22 proper review of the proposal.
23
24 7.03 APPLICATION - NOTICES
25 The following is applicable for the notice requirements of all notices related to actions under
26 the SMP:
27 A. Within 14 days from making a determination of complete application, the Shoreline
28 Administrator shall provide public notice of the application. Notice of environmental
29 review under SEPA(Chapter 43.21C RCW) may be combined with the application notice.
30 B. The public notice shall include:
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1 1. The date the application was made and the date the application was determined to
2 be complete;
3 2. A description of the proposed project action and a list of the project permits
4 included in the subject application;
5 3. The identification of other permits not included in the subject application, if known;
6 4. The identification of existing environmental documents that evaluate the proposed
7 project and where such documents may be reviewed;
8 5. A statement of the public comment period, which shall be at least 30 days;
9 6. The date, time, and place of the public hearing, if any;
10 7. A statement of preliminary determination, if one has been made; and
11 8. Any other information determined appropriate by the Shoreline Administrator.
12 C. The Shoreline Administrator shall provide notice by at least one of the following noticing
13 methods:
14 1. Mailing the notice to the most recent real property owners within 300 feet of the
15 property boundary of the subject proposal as shown by the records of the Lewis
16 County Assessor;
17 2. Posting the notice in a conspicuous manner on the property upon which the project
18 is to be undertaken; or
19 3. Publishing the notice in the local newspaper.
20 4. Any other manner deemed appropriate by the Shoreline Administrator to
21 accomplish the objectives of reasonable notice to adjacent landowners and the
22 public.
23 D. The notification system shall also provide notice to all agencies with jurisdiction in the
24 proposal per Chapter 43.21C RCW and to all other agencies that request in writing any
25 such notice.
26 E. The Shoreline Administrator shall give notice of the application no less than 30 days
27 prior to permit issuance.
28 F. When a public hearing is required, public notice shall be given at least 15 days before
29 the public hearing. The notice shall include a statement that a person desiring to
30 present his/her views may do so orally or in writing at the public hearing, or may submit
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1 written comments prior to the public hearing which will be provided to the Hearing
2 Examiner.
3 G. The public notice shall also state that a person interested in the Hearing Examiner action
4 on an application for a permit may notify the Shoreline Administrator of his/her interest
5 in writing within 30 days of the last date of publication of the notice. Such notification
6 to the Shoreline Administrator or the submission of views to the Hearing Examiner shall
7 entitle said persons to a copy of the action taken on the application.
8
9 7.04 SHORELINE PERMITS AND APPROVALS
10 7.04.01 SHORELINE SUBSTANTIAL DEVELOPMENT PERMITS
11 A. An applicant shall meet all of the review criteria for a shoreline substantial development
12 permit listed in WAC 173-27-150.
13 B. A shoreline substantial development permit shall be granted by the Shoreline
14 Administrator without a public hearing unless the Shoreline Administrator determines
15 that the proposed development is one of broad public significance and requires a public
16 hearing before the Hearing Examiner.
17 C. If a public hearing is required, the Hearing Examiner shall grant a shoreline substantial
18 development permit with conditions after the Shoreline Administrator completes a
19 recommendation to the examiner that may contain conditions for the approval of
20 permits as necessary to assure consistency of the proposal with the above criteria.
21 7.04.02 SHORELINE CONDITIONAL USE PERMITS
22 A. The criteria in WAC 173-27-140 and WAC 173-27-160 shall constitute the minimum
23 criteria for review and approval of a shoreline conditional use permit. Additional criteria
24 may be considered when deemed necessary by the Shoreline Administrator in
25 accordance with WAC 173-27-210.
26 B. Uses that are not classified or set forth in the SMP may be authorized as conditional
27 uses provided the applicant can demonstrate consistency with the requirements of this
28 section and the requirements for conditional uses contained in the SMP.
29 C. Uses that are specifically prohibited may not be authorized.
30 D. The Hearing Examiner may attach conditions to the approval of permits as necessary to
31 assure consistency of the proposal with the above criteria.
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1 E. The decision of the Hearing Examiner shall be the final decision of the County. Ecology
2 shall be the final authority authorizing a shoreline conditional use permit consistent
3 with WAC 173-27-200.
4 7.04.03 SHORELINE VARIANCES
5 A. The criteria in WAC 173-27-140 and WAC 173-027-170 shall constitute the minimum
6 criteria for review and approval of a shoreline variance. Additional criteria may be
7 considered when deemed necessary by the Shoreline Administrator in accordance with
8 WAC 173-27-210.
9 B. Uses that are specifically prohibited may not be authorized.
10 C. The Hearing Examiner may attach conditions to the approval of the variance as
11 necessary to assure consistency of the proposal with the above criteria.
12 D. The decision of the Hearing Examiner shall be the final decision of the County. Ecology
13 shall be the final authority authorizing a shoreline variance consistent with WAC 173-27-
14 200.
15 7.04.04 SHORELINE EXEMPTIONS AND LETTERS OF EXEMPTION
16 The following is applicable for all shoreline letters of exemption:
17 A. A letter of exemption shall be required for a development that is exempt from the
18 requirements for a shoreline substantial development permit.
19 B. To qualify for a letter of exemption, the proposed use, activity, or development must
20 meet all of the requirements for an exemption. Exemptions and the standards for
21 interpreting exemptions are found in WAC 173-27-040.
22 C. Before determining that a proposal is exempt, the Shoreline Administrator may conduct
23 a site inspection and/or request additional information to ensure that the proposal
24 meets the exemption criteria.
25 D. For exempt development proposals subject to review, approval, and permitting by a
26 State or Federal agency in shoreline jurisdiction or identified in this SMP as requiring a
27 shoreline letter of exemption, the Shoreline Administrator shall prepare a letter of
28 exemption in accordance with WAC 173-27-050(1). The letter of exemption shall
29 indicate the specific exemption provisions from WAC 173-27-040(2)that are being
30 applied to the development and shall provide a summary of the analysis demonstrating
31 consistency of the project with the SMA and the SMP. The letter of exemption granted
32 may be conditioned to ensure that the activity is consistent with the SMA and the SMP.
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1 E. Ecology is designated as the coordinating agency for the State with regard to permits
2 issued by the USACE. The following is intended to facilitate Ecology's coordination of
3 actions, with regard to exempt development, with Federal permit review.
4 1. The Shoreline Administrator shall prepare a letter of exemption, and transmit a copy
5 to the applicant and Ecology whenever a development is determined by the
6 Shoreline Administrator to be exempt from the shoreline substantial development
7 permit requirements and the development is subject to one or more of the following
8 Federal permit requirements:
9 a. A USACE Section 10 permit under the Rivers and Harbors Act of 1899. The
10 provisions of Section 10 of the Rivers and Harbors Act generally apply to a
11 project occurring on or over navigable waters. Specific applicability information
12 should be obtained from the USACE; or
13 b. A Section 404 permit under the Federal Water Pollution Control Act of 1972. The
14 provisions of Section 404 of the Federal Water Pollution Control Act generally
15 apply to a project that may involve discharge of dredge or fill material to any
16 water or wetland area. Specific applicability information should be obtained
17 from the USACE.
18 2. Ecology will be notified prior to issuance of the letter of exemption.
19
20 7.05 PUBLIC HEARINGS AND DECISIONS
21 7.05.01 BURDEN OF PROOF FOR DEVELOPMENT CONFORMANCE
22 A. The burden of proving that the proposed development is consistent with the criteria set
23 forth in the SMP, as well as the requirements of the SMA shall be on the applicant.
24 7.05.02 PUBLIC HEARING PROCESS
25 A. The Hearing Examiner shall hold a single open record public hearing for each application
26 that requires a public hearing. This open record hearing shall combine any hearings for a
27 shoreline conditional use permit or variance, and each substantial development permit
28 where the conditions of SMP Section 7.04.01(A) are met. The Hearing Examiner will
29 make the final decision on the proposal at a closed record hearing.
30 B. If, for any reason, testimony on a matter set for public hearing, or being heard, cannot
31 be completed on the date set for such hearing, the Hearing Examiner may, before
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1 adjournment or recess of such matters under consideration, publicly announce the time
2 and place of the continued hearing and no further notice is required.
3 C. When the Hearing Examiner renders the final decision, the Hearing Examiner shall make
4 and enter written findings from the record and conclusions thereof, which support the
5 decision. The findings and conclusions shall set forth the manner in which the decision
6 is consistent with the criteria set forth in the SMA and County regulations.
7 7.05.03 NOTICE OF DECISION
8 A. The Shoreline Administrator shall notify the following persons in writing within 14 days
9 of final approval, conditional approval, or disapproval of a shoreline substantial
10 development permit, conditional use permit, or variance:
11 1. The applicant;
12 2. Ecology;
13 3. The State Attorney General;
14 4. Any person who has provided written or oral comments on the application or the
15 public hearing; and
16 5. Any person who has written the Shoreline Administrator requesting notification.
17 7.05.04 DEVELOPMENT START
18 A. Development in accordance with a shoreline substantial development permit,
19 conditional use permit, or variance shall not be authorized until 21 days from the date
20 of filing of the approved shoreline substantial development permit, conditional use
21 permit, or variance with Ecology and the Attorney General, or until all review
22 proceedings initiated within 21 days of the date of such filing have been terminated.
23 B. The date of filing of a substantial development permit is the date of receipt by Ecology
24 of the County's decision.
25 C. Shoreline conditional use permits and variances are subject to Ecology review and
26 approval before the 21-day period starts. The date of filing of a shoreline conditional
27 use permit or variance is the date Ecology's decision is transmitted to the County.
28 D. The date of filing for a shoreline substantial development permit simultaneously
29 transmitted with either a shoreline conditional use permit or variance, or both, is the
30 date Ecology's decision is transmitted to the County.
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1 7.05.05 APPEALS OF DECISIONS
2 A. Any person aggrieved by the granting or denying of a shoreline substantial development
3 permit, conditional use permit, or variance, or by the rescinding of a permit in
4 accordance with the provisions of the SMP, may seek review from the State Shorelines
5 Hearings Board. A request for review may be done by filing a petition for review with
6 the board within 21 days of the date of filing of the final decision, as defined by RCW
7 90.58.140(6) and by concurrently filing copies of such request with the County Clerk,
8 Ecology and the Attorney General's office. State Shorelines Hearings Board regulations
9 are provided in RCW 90.58.180 and Chapter 461-08 WAC.
10 B. An appeal of a letter of exemption follows the Land Use Petition Act (LUPA)judicial
11 review of land use decisions process found in Chapter 36.70C RCW.
12
13 7.06 TIME REQUIREMENTS AND REVISIONS
14 7.06.01 TIME REQUIREMENTS FOR SHORELINE PERMITS
15 A. The time requirements of WAC 173-27-090 shall apply to all shoreline substantial
16 development permits, conditional use permits or variances authorized in accordance
17 with this SMP.
18 7.06.02 REVISIONS OF SHORELINE PERMITS
19 A. A permit revision is required whenever the applicant proposes substantive changes to
20 the design, terms, or conditions of a project from that which is approved in the permit.
21 Changes are substantive if they materially alter the project in a manner that relates to
22 its conformance to the terms and conditions of the permit, the SMP, and/or the SMA.
23 Changes, which are not substantive in effect, do not require approval of a revision.
24 B. Permit revisions shall be processed in accordance with in accordance with WAC 173-27-
25 100.
26 C. If the revision involves a shoreline variance or conditional use, which was conditioned by
27 Ecology, the revision must be reviewed and approved by Ecology under the SMA.
28 D. Revisions to permits under WAC 173-27-100 shall not be used to extend the original
29 permit time requirements or to authorize substantial development after the time limits
30 of the original permit.
31
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1 7.07 NONCONFORMING DEVELOPMENT
2 A. Nonconforming use or development means a shoreline use, development, or structure
3 that was lawfully constructed or established prior to the effective date of the SMA or
4 the SMP, or amendments thereto, that does not conform to present regulations or
5 standards of the SMP. Provided that, legally established existing residential structures
6 and appurtenances that are located landward of the OHWM and outside the floodway
7 that do not meet the standards of this program are considered to be conforming.
8 B. The nonconforming use and development standards in LCC 17.38.1000 shall apply to the
9 entirety of shoreline jurisdiction.
10 C. For nonconforming shoreline uses, development or structures, in addition to the
11 standards established in LCC 17.38.1000, the following standards shall apply:
12 1. Legally established uses and developments may be maintained, repaired, and
13 operated within shoreline jurisdiction and within shoreline buffers established in the
14 SMP.
15 2. A nonconforming use, development, or structure, which is moved any distance,
16 must be brought into conformance with the SMA and the SMP.
17 3. An undeveloped lot, tract, parcel, site, or division of land located landward of the
18 OHWM, which was established in accordance with local and State subdivision
19 requirements prior to the effective date of the SMA and the SMP, may be developed
20 if permitted by other local land use regulations so long as such development
21 conforms to all other requirements of the SMA and the SMP.
22 4. A use that is listed as a conditional use but which existed prior to adoption of the
23 SMP and for which a shoreline conditional use permit has not been obtained shall be
24 considered a nonconforming use. If the use seeks to expand, however a conditional
25 use permit shall be required.
26 5. A structure for which a shoreline variance has been issued shall be considered a
27 legal nonconforming structure and the requirements of this section shall apply as
28 they apply to preexisting nonconformities. If an applicant seeks to expand the non-
29 conformity, the expansion will require further review as a shoreline variance.
30
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1 7.08 ENFORCEMENT AND PENALTIES
2 7.08.01 ENFORCEMENT
3 A. The Shoreline Administrator or a designated representative shall enforce all provisions
4 of the SMP. For such purposes, the Shoreline Administrator or a designated
5 representative shall have the power of a police officer.
6 B. The choice of enforcement action and the severity of any penalty should be based on
7 the nature of the violation and the damage or risk to the public or to public resources.
8 The existence or degree of bad faith of the persons subject to the enforcement action;
9 the benefits that accrue to the violator; and the cost of obtaining compliance may also
10 be considered.
11 C. The enforcement procedures and penalties contained in Part II of WAC 173-27 are
12 hereby incorporated by reference.
13 7.08.02 PENALTY
14 A person found to have willfully engaged in activities in shoreline jurisdiction in violation of the
15 SMA or in violation of the SMP or rules or regulations adopted pursuant thereto shall be subject
16 to the penalty provisions of County code, RCW 90.58.210 and RCW 90.58.220, and WAC 173-
17 27-270 and WAC 173-27-280.
18 7.08.03 PUBLIC AND PRIVATE REDRESS
19 A. A person subject to the regulatory program of the SMP who violates any provision of the
20 SMP or the provisions of a permit issued pursuant thereto shall be liable for all damages
21 to public or private property arising from such violation, including the cost of restoring
22 the affected area to its condition prior to such violation. The Lewis County Prosecutor
23 may sue for damages under SMP Section 7.08 on behalf of the County.
24 B. Private persons shall have the right to sue for damages under this section on their own
25 behalf and on behalf of all persons similarly situated. If liability has been established for
26 the cost of restoring an area affected by violation, the court shall make provisions to
27 assure that restoration will be accomplished within a reasonable time at the expense of
28 the violator. In addition to such relief, including monetary damages, the court, in its
29 discretion, may award attorneys' fees and costs of the suit to the prevailing party.
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1 7.08.04 DELINQUENT PERMIT PENALTY
2 A. A person applying for a permit after commencement of the use or activity may be
3 required to pay a delinquent permit penalty at the discretion of the County.
4
5 7.09 SHORELINE MASTER PROGRAM —ADMINISTRATION
6 7.09.01 GENERAL ADMINISTRATION
7 A. The County shall track all project review actions within shoreline jurisdiction, including
8 shoreline permits and letters of exemption.
9 B. As part of shoreline permit review process, the County shall evaluate shoreline
10 conditions on an ongoing basis to ensure no net loss of ecological functions, to protect
11 and enhance visual quality, and to identify and protect significant historic or cultural
12 resources in the shoreline. Specific issues to address in evaluations include, but are not
13 limited to the following:
14 1. Water quality;
15 2. Conservation of aquatic vegetation and control of noxious weeds;
16 3. Changing visual character as a result of new development or redevelopment and
17 individual vegetation conservation practices along shoreline and upland areas;
18 4. Shoreline stabilization and modifications; and
19 5. Significant historic or cultural resources within shoreline jurisdiction resulting from
20 research, inventories, discoveries, or new information.
21 7.09.02 SHORELINE MASTER PROGRAM REVIEW
22 The following guidelines are to be used for review and amendments of the SMP:
23 A. The SMP shall be reviewed periodically, at least once every eight years as required by
24 RCW 90.58.080(4)(b) (or as hereafter amended) beginning on or before June 30, 2029
25 and every eight years thereafter. Amendments shall be made as necessary to reflect
26 changing local circumstances, new information or improved data, and changes in State
27 statutes and regulations.
28 B. As part of a periodic review, the County shall consider the cumulative impacts of recent
29 development on the ecological functions of the shoreline. The County should assemble a
30 list of recent permit activities in shoreline jurisdiction by watershed, including any
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1 applications for vegetation clearing, docks, structures, or septic systems, among other
2 items. A brief description of identified impacts and mitigation should be provided as
3 part of the assessment.
4 C. During any amendment process, the County should assure that proposed regulatory or
5 administrative actions do not unconstitutionally infringe upon private property rights. A
6 process established for this purpose is set forth in a publication entitled, State of
7 Washington,Attorney General's Recommended Process for Evaluation of Proposed
8 Regulatory or Administrative Actions to Avoid Unconstitutional Takings of Private
9 Property, first published in February 1992.
10 D. Provisions of the SMP may be amended as provided for in RCW 90.58.120, RCW
11 90.58.200, and Chapter 173-26 WAC. Standards in WAC 197-26-201 in particular
12 articulate many of the factors to consider as part of the revisions. Amendments shall
13 also be subject to the procedures in LCC Chapter 17.12.
14 E. Amendments or revisions to the SMP, as provided by law, do not become effective until
15 approved by Ecology.
16
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1 8 DEFINITIONS
2 8.01 UNLISTED WORDS OR PHRASES
3 A. Any word or phrase not defined in SMP Chapter 8: Definitions that is called into
4 question when administering the SMP shall be defined utilizing the SMA and its
5 implementing rules.
6 B. In shoreline jurisdiction, any conflicts between definitions found in both the County
7 code and the SMP shall be resolved in favor of the definition in the SMP or the SMA.
8 C. The Shoreline Administrator may obtain secondary definition sources from one of the
9 following sources:
10 1. County code.
11 2. Any County resolution, ordinance, policy, or regulation.
12 3. The most applicable statute or regulation from the State of Washington.
13 4. Legal definitions generated from case law or provided within a law dictionary.
14 5. The common dictionary.
15
16 8.02 DEFINITIONS
17 A
18 Accessory Structure or Use—A structure or use incidental, related, and clearly subordinate to
19 the principal structure or use of a lot or main building. An accessory structure or use is only
20 located on the same lot as a permitted principal use.
21 Act—The Washington State Shoreline Management Act (SMA) (Chapter 90.58 RCW), as
22 amended.
23 Agriculture—The use of land for agricultural purposes, including farming, dairying, pasturage,
24 horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the
25 necessary accessory uses for storing produce; provided, however, that the operation of any
26 such accessory use shall be incidental to that of normal agricultural activities. In all cases, the
27 use of agriculture related terms should be consistent with the specific meanings provided in
28 WAC 173-26-020.
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1 Agricultural activities—Agricultural uses and practices including, but not limited to: producing,
2 breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing
3 land used for agricultural activities to lie fallow in which it is plowed and tilled but left
4 unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse
5 agricultural market conditions; allowing land used for agricultural activities to lie dormant
6 because the land is enrolled in a local, State, or Federal conservation program, or the land is
7 subject to a conservation easement; conducting agricultural operations; maintaining, repairing,
8 and replacing agricultural equipment; maintaining, repairing, and replacing agricultural
9 facilities, provided that the replacement facility is no closer to the shoreline than the original
10 facility; and maintaining agricultural lands under production or cultivation.
11 Agricultural products— Includes, but is not limited to, horticultural, viticultural, floricultural,
12 vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or
13 forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as
14 crops and harvested within twenty years of planting; and livestock including both the animals
15 themselves and animal products including, but not limited to: meat, upland finfish, poultry and
16 poultry products, and dairy products.
17 Agricultural equipment and facilities—Includes, but is not limited to the following:
18 A. The following used in agricultural operations: Equipment; machinery; constructed
19 shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion,
20 withdrawal, conveyance, and use equipment and facilities including, but not limited to:
21 pumps, pipes, tapes, canals, ditches, and drains;
22 B. Corridors and facilities for transporting personnel, livestock, and equipment to, from,
23 and within agricultural lands;
24 C. Farm residences and associated equipment, lands, and facilities; and
25 D. Roadside stands and on-farm markets for marketing fruit or vegetables.
26 Agricultural land—Those specific land areas on which agricultural activities are conducted as of
27 the date of adoption of the SMP pursuant to these guidelines as evidenced by aerial
28 photography or other documentation. After the effective date of the SMP, land converted to
29 agricultural use is subject to compliance with the requirements of the SMP.
30 Applicant—Any person or entity designated or named in writing by the property or easement
31 owner to be the applicant, in an application for a shoreline development proposal, permit, or
32 approval.
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1 Appurtenance—A building, structure, or development necessarily connected to the use and
2 enjoyment of a single-family residence that is located landward of the OHWM and of the
3 perimeter of any wetland. On a statewide basis, normal appurtenances include a garage, deck,
4 driveway, utilities, fences, installation of a septic tank and drain field, and grading which does
5 not exceed 250 cubic yards (except to construct a conventional drain field) and which does not
6 involve placement of fill in any wetland or waterward of the OHWM. Refer to WAC 173-27-
7 040(2)(g).
8 Aquaculture—The culture or farming of fish, shellfish, or other aquatic plants and animals.
9 Aquaculture does not include the harvest of wild geoduck associated with the State managed
10 wildstock geoduck fishery.
11 Associated Wetlands—Those wetlands that are in proximity to, and either influence or are
12 influenced by, tidal waters or a lake or stream subject to the SMA. Refer to WAC 173-22-
13 030(1).
14 Average Grade Level—The average of the natural or existing topography of the portion of the
15 lot, parcel, or tract of real property, which will be directly under the proposed building or
16 structure: In the case of structures to be built over water, average grade level shall be the
17 elevation of the OHWM. Calculation of the average grade level shall be made by averaging the
18 ground elevations at the midpoint of all exterior walls of the proposed building or structure.
19 B
20 Best Available Science (BAS)— Information from research, inventory, monitoring, surveys,
21 modeling, synthesis, expert opinion, and assessment that is used to designate, protect, or
22 restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-
23 900 through -925, BAS is derived from a process that includes peer-reviewed literature,
24 standard methods, logical conclusions and reasonable inferences, quantitative analysis, and
25 documented references to produce reliable information.
26 Berm—A linear mound or series of mounds of sand or gravel generally that parallels the water
27 at or landward of the OHWM. In addition, a linear mound used to screen an adjacent use, such
28 as a parking lot, from transmitting excess noise and glare.
29 Best Management Practices (BMPs)— BMPs are the utilization of methods, techniques or
30 products which have been demonstrated to be the most effective and reliable in minimizing
31 environmental impacts. BMPs encompass a variety of behavioral, procedural, and structural
32 measures that reduce the amount of contaminants in stormwater run-off and in receiving
33 waters.
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1 Boat Ramps and Launches— Boat ramps and launches include graded slopes, slabs, pads,
2 planks, or rails used for launching boats.
3 Building Setback—A required structural setback, specified in the SMP, measured horizontally
4 upland from a shoreline buffer and perpendicular to the OHWM, if used with a shoreline buffer,
5 as specified in SMP Chapter 5: Specific Shoreline Use Policies and Regulations. A building
6 setback protects the shoreline buffer from the impacts related to use of a structure.
7 Bulkhead—A vertical or nearly vertical erosion protection structure placed parallel to the
8 shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily
9 subject to erosion.
10 C
11 Channel Migration Zone (CMZ)—The area along a river or stream within which the channel can
12 reasonably be expected to migrate over time because of normally occurring processes. It
13 encompasses that area of lateral stream channel movement that can be identified by credible
14 scientific information that is subject to erosion, bank destabilization, rapid stream incision,
15 and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. The
16 area within which a river channel that is likely to move over an interval of time is referred to as
17 the CMZ or the meander belt.
18 Chapter 90.58 RCW—The Shoreline Management Act of 1971, as amended.
19 Cities—The Cities of Centralia, Chehalis, Morton, and Winlock
20 Clean Water Act—The primary Federal law providing water pollution prevention and control;
21 previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq.
22 Clearing—The removal of vegetation or plant cover by manual, chemical, or mechanical means.
23 Clearing includes, but is not limited to, actions such as cutting, felling, thinning, flooding, killing,
24 poisoning, girdling, uprooting, or burning.
25 Comprehensive Plan—The document, including maps, adopted by the County Commissioners
26 in accordance with the GMA (Chapters 36.70A and 36.70B RCW, as amended) and applicable
27 State law.
28 Conditional Use—A use, development, or substantial development that is classified as a
29 conditional use or is not classified within the applicable SMP. Refer to WAC 173-27-030(4).
30 County—Lewis County.
31 Critical Areas— Defined under Chapter 36.70A RCW includes the following areas and
32 ecosystems:
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1 A. Wetlands;
2 B. Areas with a critical recharging effect on aquifers used for potable waters;
3 C. Fish and wildlife habitat conservation areas;
4 D. Frequently flooded areas; and
5 E. Geologically hazardous areas
6 Cumulative Impact—The impact on the environment, which results from the incremental
7 impact of the action when added to other past, present, and reasonably foreseeable future
8 actions regardless of what agency or person undertakes such other actions. Cumulative
9 impacts can result from individually minor but collectively significant actions taking place over
10 an interval of time.
11
12 Development—The construction or exterior alteration of buildings or structures; dredging;
13 drilling; dumping; filling; removal of sand, gravel, or minerals; bulkheading; driving of piling;
14 placing of obstructions; or a project of a permanent or temporary nature which interferes with
15 the normal public use of the surface of the waters overlying lands subject to Chapter 90.58
16 RCW at any state of water level (RCW 90.58.030(3)(a)). Development" does not include
17 dismantling or removing structures if there is no other associated development or re-
18 development.
19 Docks— Docks are structures that float upon the water and are used as a landing or moorage
20 place for watercraft. Docks are distinct from piers, which are built on fixed platforms supported
21 by piles above the water. Some piers may terminate in a float section that is connected by a
22 ramp.
23 Dredging—Excavating or displacing of the bottom or shoreline of a waterbody. Dredging can
24 be accomplished with mechanical or hydraulic machines. Most dredging is done to maintain
25 channel depths or berths for navigational purposes; other dredging is for cleanup of polluted
26 sediments.
27 E
28 Ecological Functions—The work performed or the role played by the physical, chemical, and
29 biological processes that contribute to the maintenance of the aquatic and terrestrial
30 environments that constitute the shoreline's natural ecosystem.
31 Ecology—The Washington State Department of Ecology.
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1 Ecosystem-wide Processes—The suite of naturally occurring physical and geologic processes of
2 erosion, transport, and deposition; and specific chemical processes that shape landforms within
3 a specific shoreline ecosystem and determine both the types of habitat and the associated
4 ecological functions.
5 Emergency—An unanticipated and imminent threat to public health, safety, or the
6 environment, requiring immediate action within a time too short to allow full compliance with
7 the SMP. Emergency construction is construed narrowly as that which is necessary to protect
8 property from the elements (RCW 90.58.030(3)(e)(iii) and WAC 173-27-040(2)(d)). Emergency
9 construction does not include development of new permanent protective structures where
10 none previously existed. Where new protective structures are deemed by the Administrator to
11 be the appropriate means to address the emergency, upon abatement of the emergency the
12 new structure shall be removed or any permit which would have been required, absent an
13 emergency, obtained. All emergency construction shall be consistent with the policies of
14 Chapter 90.58 RCW and this SMP. As a general matter, flooding or other seasonal events that
15 can be anticipated and may occur but that are not imminent are not an emergency.
16 Endangered Species Act(ESA)—A Federal law intended to protect any fish or wildlife species
17 that are threatened with extinction throughout all or a significant portion of its range.
18 Environmental Impacts—The effects or consequences of actions on the natural and built
19 environments. Environmental impacts include effects upon the elements of the environment
20 listed in the SEPA. Refer to WAC 197-11-600 and WAC 197-11-444.
21 Environments, (Shoreline Environment)—Designations given to specific shoreline areas based
22 on the existing development pattern, the biophysical character and limitations, and the goals
23 and aspirations of local citizenry, as part of an SMP.
24 Exemption—Certain specific developments are exempt from the definition of substantial
25 developments and are therefore exempt from the shoreline substantial development permit
26 process of the SMA. A use or activity that is exempt from the substantial development
27 provisions of the SMA must still be carried out in compliance with policies and standards of the
28 SMA and the SMP. Shoreline conditional use permits and variances may also still be required
29 even though the use or activity does not need a shoreline substantial development permit
30 (WAC 173-27-040).
31 Existing Agriculture—Existing agriculture shall include those specific land areas on which
32 agriculture activities are or have been conducted, regardless of the period of dormancy.
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1 F
2 Fair Market Value—The open market bid price for conducting the work, using the equipment
3 and facilities, and purchase of the goods, services and materials necessary to accomplish the
4 development. This would normally equate to the cost of hiring a contractor to undertake the
5 development from start to finish, including the cost of labor, materials, equipment and facility
6 usage, transportation and contractor overhead and profit. The fair market value of the
7 development shall include the fair market value of donated, contributed or found labor,
8 equipment or materials (WAC 173-27-030(8)).
9 Feasible—An action, such as a development project, mitigation, or preservation requirement,
10 that meets all of the following conditions:
11 A. The action can be accomplished with technologies and methods that have been used in
12 the past in similar circumstances, or studies or tests have demonstrated in similar
13 circumstances that such approaches are currently available and likely to achieve the
14 intended results;
15 B. The action provides a reasonable likelihood of achieving its intended purpose; and
16 C. The action does not physically preclude achieving the project's primary intended legal
17 use.
18 In cases where the SMP Guidelines require certain actions unless they are infeasible, the
19 burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the
20 County may weigh the action's relative public costs and public benefits, considered in the short-
21 and long-term time frames.
22 Feasible Alternatives—Alternatives to the proposed project that will accomplish essentially the
23 same objective as the original project while avoiding or having less adverse impacts.
24 Fill— Raising the elevation or creating dry land by adding soil, sand, rock, gravel, sediment,
25 earth-retaining structure, or other material to an area waterward of the OHWM, in wetland, or
26 on shorelands.
27 Floodplain—Term is synonymous with 100-year floodplain. The land area that is susceptible to
28 being inundated with a one percent chance of being equaled or exceeded in a given year. The
29 limits of this area are based on flood regulation ordinance maps or a reasonable method that
30 meets the objectives of the SMA (WAC 173-22-030(2)).
31 Flood course—See Shoreline Master Program Flood course.
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1 Floodway—The area that has either: (i) has been established in FEMA flood insurance rate
2 maps (FIRMs) or floodway maps; or(ii) consists of those portions of the area of a river valley
3 lying streamward from the outer limits of a watercourse upon which flood waters are carried
4 during periods of flooding that occur with reasonable regularity, although not necessarily
5 annually, said floodway being identified, under normal condition, by changes in surface soil
6 conditions or changes in types or quality of vegetative ground cover condition, topography, or
7 other indicators of flooding that occurs with reasonable regularity, although not necessarily
8 annually. Regardless of the method used to identify the floodway,the floodway shall not
9 include those lands that can reasonably be expected to be protected from floodwaters by flood
10 control devices maintained by or maintained under license from the Federal government, the
11 State, or a political subdivision of the State.
12 `.7
13 Geotechnical Report or Geotechnical Analysis—A scientific study or evaluation conducted by a
14 qualified expert that includes a description of the ground and surface hydrology and geology,
15 the affected land form and its susceptibility to mass wasting, erosion, and other geologic
16 hazards or processes, conclusions and recommendations regarding the effect of the proposed
17 development on geologic conditions, the adequacy of the site to be developed, the impacts of
18 the proposed development, alternative approaches to the proposed development, and
19 measures to mitigate potential site-specific and cumulative geological and hydrological impacts
20 of the proposed development, including the potential adverse impacts to adjacent and down-
21 current properties. Geotechnical reports shall conform to accepted technical standards and
22 must be prepared by qualified professional engineers or geologists who have professional
23 expertise about the regional and local shoreline geology and processes.
24 Grading—The movement or redistribution of the soil, sand, rock, gravel, sediment, or other
25 material on a site in a manner that alters the natural contour of the land.
26 Groin—A barrier-type structure extending from, and usually perpendicular to, the backshore
27 into a waterbody. Its purpose is to protect a shoreline and adjacent upland by influencing the
28 movement of water or deposition of materials. This is accomplished by building or preserving
29 an accretion beach on its updrift side by trapping littoral drift. A groin is relatively narrow in
30 width but varies greatly in length. A groin is sometimes built in a series as a system and may be
31 permeable or impermeable, high or low, and fixed or adjustable.
32 Growth Management Act (GMA)—Chapters 36.70A and 36.70E RCW, as amended.
33 Guidelines—See Shoreline Master Program (SMP) Guidelines, Chapter 173-26 WAC.
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1 H
2 Hazard Tree—Any tree that is susceptible to immediate fall due to its condition (damaged,
3 diseased, or dead) or other factors, which, because of its location, is at risk of damaging
4 permanent physical improvements to property or causing personal injury.
5 Height—Measured from average grade level to the highest point of a structure: provided that
6 television antennas, chimneys, and similar appurtenances shall not be used in calculating
7 height, except where such appurtenances obstruct the view of the shoreline of a substantial
8 number of residences on areas adjoining such shorelines, or the applicable SMP specifically
9 requires that such appurtenances be included: provided further that temporary construction
10 equipment is excluded in this calculation.
11 High intensity agriculture uses - Means agriculture uses which by their nature have the
12 potential for significant impact and will be regulated using a review process coupled with SEPA
13 review, or, for SEPA exempt properties, substantially similar to SEPA review. Except as provided
14 herein, high intensity uses shall include all uses not specifically identified as low intensity uses.
15 Historic Resources—Those historic or cultural properties or items that fall under the
16 jurisdiction of the DAHP.
17 I — J - K
18 Impermeable Surface—The area of a lot that is covered by impermeable surfaces, measured by
19 percentage. A non-vertical surface artificially covered or hardened to prevent or impede the
20 percolation of water into the soil mantle including, but not limited to roof tops, swimming
21 pools, paved or graveled roads and walkways or parking areas, but excluding landscaping and
22 surface water retention/detention facilities.
23 In-Stream Structure or In-Water Structure—A structure placed by humans within a stream or
24 river waterward of the OHWM that either causes or has the potential to cause water
25 impoundment or the diversion, obstruction, or modification of water flow. In-water structures
26 may include those for hydroelectric generation, irrigation, water supply, flood control,
27 transportation, utility service transmission, fish habitat enhancement, or other purpose.
28 Interested Party—Synonymous with party of record, all persons, agencies or organizations who
29 have submitted written comments in response to a notice of application; made oral comments
30 in a formal public hearing conducted on the application; or notified the County of their desire to
31 receive a copy of the final decision on a permit and who have provided an address for delivery
32 of such notice by mail (WAC 173-27-030(12)).
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1 L
2 Landscaping—Vegetation ground cover including shrubs, trees, flower beds, grass, ivy and
3 other similar plants and including tree bark and other materials which aid vegetative growth
4 and maintenance.
5 Low Impact Development(LID)—A stormwater and land use management strategy that strives
6 to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation,
7 and transpiration by emphasizing conservation, use of on-site natural features, site planning,
8 and distributed stormwater management practices that are integrated into a project design.
9 Low intensity agriculture uses—Means agriculture uses which by their nature generally have a
10 low or moderate impact on the environment in which they occur and will be regulated using a
11 single or short form of approval. Except as provided, low intensity uses shall not include:
12 (a) Livestock in excess of grazing best management practices recommended by the
13 Natural Resources Conservation Service;
14 (b) Machinery storage, fueling, and maintenance; or
15 (c) Storage of petroleum, fertilizers, pesticides, and herbicides.
16 M
17 May—An action that is acceptable, provided it conforms to the provisions of the SMP.
18 Mitigation or Mitigation Sequencing—Avoiding, reducing, or compensating for a proposal's
19 environmental impact(s). See WAC 197-11-768 and WAC 173-26-020(30). Mitigation or
20 mitigation sequencing means the following sequence of steps listed in order of priority, with (a)
21 of this subsection being top priority:
22 A. Avoiding the impact all together by not taking a certain action or parts of an action;
23 B. Minimizing impacts by limiting the degree or magnitude of the action and its
24 implementation by using appropriate technology or by taking affirmative steps to avoid
25 or reduce impacts;
26 C. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
27 D. Reducing or eliminating the impact over time by preservation and maintenance
28 operations;
29 E. Compensating for the impact by replacing, enhancing, or providing substitute resources
30 or environments; and
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1 F. Monitoring the impact and the compensation projects and taking appropriate corrective
2 measures.
3 Mixed-use—Means a development or structure that includes a combination of components,
4 such as water-oriented and non-water oriented activities. A mixed-use project that includes all
5 non-water oriented components shall be considered entirely non-water oriented.
6 Moorage cover— Moorage, with or without walls, that has a roof.
7 Must—A mandate; the action is required.
8 N
9 Native Vegetation—Vegetation comprised of plant species that are indigenous to an area.
10 Natural or Existing Topography—The topography of the lot, parcel, or tract of real property
11 immediately prior to site preparation or grading, including exaction or filling.
12 Non-Conforming Use or Development—A shoreline use, building, or structure which was
13 lawfully constructed or established prior to the effective date of the applicable SMA/SMP
14 provision, and which no longer conforms to the applicable shoreline provisions (WAC 173-27-
15 080).
16 Non-Water-Oriented Uses—Those uses that are not water-dependent, water-related, or
17 water-enjoyment, which have little or no relationship to the shoreline and are not considered
18 priority uses under the SMA. Examples include professional offices, automobile sales or repair
19 shops, mini-storage facilities, residential development, department stores, and gas stations.
20 Normal Maintenance—Those usual acts to prevent a decline, lapse, or cessation from a
21 lawfully established condition (WAC 173-27-040(2)(b)). See also Normal Repair.
22 Normal Repair—To restore a development to a state comparable to its original condition,
23 including but not limited to its size, shape, configuration, location and external appearance,
24 within a reasonable period after decay or partial destruction except where repair involves total
25 replacement which is not common practice or causes substantial adverse effects to the
26 shoreline resource or environment (WAC 173-27-040(2)(b)). See also Normal Maintenance.
27 0
28 Ordinary High Water Mark (OHWM)—That mark that will be found by examining the bed and
29 banks and ascertaining where the presence and action of waters are so common and usual, and
30 so long continued in all ordinary years, as to mark upon the soil a character distinct from that of
31 the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may
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1 naturally change thereafter, or as it may change thereafter in accordance with permits issued
2 by the County or Ecology: provided, that in an area where the OHWM cannot be found, the
3 OHWM adjoining fresh water shall be the line of mean high water. See RCW 90.58.030(2)(b)
4 and WAC 173-22-030(11).
5 Overwater Structure—A device or structure projecting over the OHWM, including, but not
6 limited to bridges for motorized or non-motorized uses, piers, docks, floats, and moorage.
7 P - Q
8 Permit (or Shoreline Permit)—A shoreline substantial development permit, conditional use
9 permit, or variance, or any combination thereof, authorized by the Act. Refer to WAC 173-27-
10 030(13).
11 Piers—Piers are structures that are built on fixed platforms supported by piles above the water
12 that are used as a landing or moorage place for watercraft. Piers are distinct from docks, which
13 float on the water. Some piers may terminate in a float section that is connected to the
14 remainder of the structure by a ramp.
15 Primary Structure—The structure associated with the principal use of the property. It may also
16 include single-family residential appurtenant structures, such as garages, attached decks,
17 driveways, utilities, and septic tanks and drain fields that cannot feasibly be relocated. It does
18 not include structures such as tool sheds, gazebos, greenhouses, or other ancillary residential
19 improvements that can feasibly be moved landward to prevent the erosion threat.
20 Priority Habitat—A habitat type with unique or significant value to one or more species. An
21 area classified and mapped as priority habitat must have one or more of the following
22 attributes:
23 A. Comparatively high fish or wildlife density;
24 B. Comparatively high fish or wildlife species diversity;
25 C. Fish spawning habitat;
26 D. Important wildlife habitat;
27 E. Important fish or wildlife seasonal range;
28 F. Important fish or wildlife movement corridor;
29 G. Rearing and foraging habitat;
30 H. Important marine mammal haul-out;
31 I. Refugia habitat;
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1 J. Limited availability;
2 K. High vulnerability to habitat alteration;
3 L. Unique or dependent species; or
4 M. Shellfish bed.
5 A priority habitat may be described by a unique vegetation type or by a dominant plant species
6 that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows).
7 A priority habitat may also be described by a successional stage (such as, old growth and
8 mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such
9 as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and
10 wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife.
11 Priority Species—Species requiring protective measures and/or management guidelines to
12 ensure their persistence at genetically viable population levels. Priority species are those that
13 meet any of the four criteria listed below.
14 A. Criterion 1. State-listed or State proposed species. State-listed species are those native
15 fish and wildlife species legally designated as endangered (WAC 232-12-014),
16 threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species
17 are those fish and wildlife species that will be reviewed by the WDFW (POL-M-6001) for
18 possible listing as endangered, threatened, or sensitive according to the process and
19 criteria defined in WAC 232-12-297.
20 B. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or
21 groups of animals susceptible to significant population declines, within a specific area or
22 statewide, by virtue of their inclination to congregate. Examples include heron colonies,
23 seabird concentrations, and marine mammal congregations.
24 C. Criterion 3. Species of recreational, commercial, or Tribal importance. Native and non-
25 native fish, shellfish, and wildlife species of recreational or commercial importance and
26 recognized species used for Tribal ceremonial and subsistence purposes that are
27 vulnerable to habitat loss or degradation.
28 D. Criterion 4. Species listed under the ESA as either proposed, threatened, or
29 endangered.
30 Properly Functioning Conditions (PFC)—Conditions that create and sustain natural habitat-
31 affecting processes over the full range of environmental variation, and that support
32 productivity at a viable population level of PTE species. PFC indicates a level of performance for
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1 a subset of the more broadly defined ecological functions, reflecting what is necessary for the
2 recovery of PTE species.
3 Proposed,Threatened, and Endangered (PTE)Species—Those native species that are proposed
4 to be listed or are listed in rule by the WDFW as threatened or endangered, or that are
5 proposed to be listed as threatened or endangered or that are listed as threatened or
6 endangered under the ESA.
7 Provisions—Policies, regulations, standards, guideline criteria or shoreline environment
8 designations.
9 Public Access—Public access is the ability of the public to reach, touch, and enjoy the water's
10 edge, to travel on the waters of the State, and to view the water and the shoreline from
11 adjacent locations. Refer to WAC 173-26-221(4).
12 Public Interest—The interest shared by the citizens of the State or community at large in the
13 affairs of government, or some interest by which their rights or liabilities are affected such as
14 an effect on public property or on health, safety, or general welfare resulting from a use or
15 development (WAC 173-27-030(14)).
16 Public Use—To be made available daily to the public on a first-come, first-served basis, and
17 may not be leased to private parties on more than a day use basis. Refer to WAC 332-30-106.
18 R
19 RCW— Revised Code of Washington.
20 Recreational Facilities—Facilities such as parks, trails, and pathways, whether public, private or
21 commercial, that provide a means for relaxation, play, or amusement.
22 Recreational Floats— Recreational floats are independent anchored offshore platforms, used
23 for water-dependent recreational activities such as swimming and diving.
24 Residential Development— Development, which is primarily devoted to or designed for use as
25 a dwelling(s). Residential development includes single-family development, multifamily
26 development and development associated with the creation of new residential lots through
27 land division.
28 Restore, Restoration,or Ecological Restoration—The reestablishment or upgrading of impaired
29 ecological shoreline processes or functions. This may be accomplished through measures
30 including, but not limited to revegetation, removal of intrusive shoreline structures and
31 removal or treatment of toxic materials. Restoration does not imply a requirement for
32 returning the shoreline area to aboriginal or pre-European settlement conditions.
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1 Riparian—Of, on, or pertaining to the banks of a river, stream, or lake.
2 Riprap—A layer, facing, or protective mound of stones placed to prevent erosion, scour, or
3 sloughing of a structure or embankment; also, the stone so used.
4 Run-Off—Water that is not absorbed into the soil but rather flows along the ground surface
5 following the topography.
6 S
7 Shall—A mandate; the action must be done.
8 Shorelands or Shoreland Areas—Those lands extending landward for 200 feet in all directions
9 as measured on a horizontal plane from the OHWM; adopted FEMA floodways or 2010 flood
10 channel study areas and the SMP Flood Course and contiguous flood plain areas landward 200
11 feet from such adopted FEMA floodways or 2010 flood channel study areas and the SMP Flood
12 Course; and all wetlands and river deltas associated with the streams, lakes, and tidal waters,
13 which are subject to the provisions of the SMA.
14 Shoreline Administrator—As appointed by the County Commissioners, the Shoreline
15 Administrator is charged with the responsibility of administering the SMP.
16 Shoreline Buffer—A required vegetated open space measured horizontally upland from and
17 perpendicular to the OHWM. Shoreline buffers are naturally vegetated areas that protect the
18 ecological functions of the shoreline and help to reduce the impacts of land uses on the water
19 body.
20 Shoreline Environment Designations—The categories of shorelines established by the SMP in
21 order to provide a uniform basis for applying policies and use regulations within distinctively
22 different shoreline areas. See WAC 173-26-211.
23 Shoreline Jurisdiction—The term describing all of the geographic areas covered by the SMA,
24 related rules, the applicable SMP, and such areas in the County under the SMA. See definitions
25 of Shorelines, Shorelines of the State, Shorelines of Statewide Significance, Shorelands, and
26 Wetlands.
27 Shoreline Management Act (SMA)—Chapter 90.58 RCW, as amended. Washington's SMA was
28 passed by the Legislature in 1971 and adopted by the public in a 1972 referendum. The goal of
29 the SMA is to prevent the inherent harm in an uncoordinated and piecemeal development of
30 the State's shorelines.
31 Shoreline Master Program (SMP)—The comprehensive use plan and related use regulations,
32 together with maps, diagrams, charts, or other descriptive material and text, which are used by
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1 the County to administer and enforce the permit system for shoreline management. The SMP
2 must be developed in accordance with the policies of the SMA, be approved and adopted by
3 the State, and be consistent with the rules (WACs) adopted by Ecology.
4 Shoreline Master Program (SMP) Flood Course—The basis for determining the extent of the
5 floodway as agreed to by Ecology and the County in 2013 for the purposes of determining the
6 areas subject to the SMA. For the County, the 2010 flood channel study areas and the SMP
7 Flood Course were used to determine the extent of the floodway for determining the areas
8 subject to the SMA in those jurisdictions. The use of the term "SMP Flood Course" does not
9 affect the designation or treatment of floodways as outlined SMP Sections 4.04 or 4.05.
10 Shoreline Master Program (SMP) Guidelines—The State standards that the County must follow
11 in drafting its SMP. The Guidelines translate the broad policies of the SMA into standards for
12 regulation of shoreline uses.
13 Shoreline Modification—Those actions that modify the physical configuration or qualities of
14 the shoreline area, usually through the construction of a physical element such as a dike, pier,
15 weir, dredged basin, the placement of fill, bulkhead, or other shoreline structure. They can
16 include other actions, such as clearing, grading, application of chemicals, or significant
17 vegetation removal.
18 Shoreline Permit—A shoreline substantial development permit, conditional use permit,
19 variance, revision, or any combination thereof(WAC 173-27-030(13)).
20 Shoreline Stabilization—Actions taken to address erosion impacts to property and dwellings,
21 businesses, buildings, or structures caused by natural processes, such as current, flood, tides,
22 wind, or wave action. These actions include structural measures such as bulkheads and
23 nonstructural methods such as building setbacks. New stabilization measures include
24 enlargement of existing structures.
25 Shorelines—All of the water areas of the State, including reservoirs and their associated
26 uplands, together with the lands underlying them, except those areas excluded under RCW
27 90.58.030(2)(d).
28 Shorelines Hearings Board—A State-level quasi-judicial body, created by the SMA, which hears
29 appeals on the granting, denying, or rescinding of a shoreline permit, or enforcement penalty.
30 See RCW 90.58.170 and RCW 90.58.180.
31 Shorelines of Statewide Significance—A select category of Shorelines of the State, defined in
32 RCW 90.58.030(2)(e), where special use preferences apply and where greater planning
33 authority is granted by the SMA. Permit review must acknowledge the use priorities for these
34 areas established by the SMA. See RCW 90.58.020.
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1 Shorelines of the State—The total of Shorelines and Shorelines of Statewide Significance.
2 Should—A particular action is required unless there is a demonstrated, compelling reason,
3 based on policy of the SMA and the SMP, against taking the action.
4 Sign—A device, structure, fixture, or placard that uses words, letters, numbers, symbols,
5 graphic designs, logos, or trademarks for the purpose of: a) providing information, directions,
6 b) identifying, advertising a place, establishment, product, good, or service.
7 Significant Vegetation Removal—The removal or alteration of trees, shrubs, and/or ground
8 cover by clearing, grading, cutting, burning, chemical means, or other activity that causes
9 significant ecological impacts to functions provided by such vegetation. The removal of invasive
10 or noxious weeds does not constitute significant vegetation removal. Tree pruning, not
11 including tree topping, where it does not affect ecological functions, does not constitute
12 significant vegetation removal.
13 Single-Family Residence—A detached dwelling designed for and occupied by one family
14 including those buildings, structures and developments within a contiguous ownership which
15 are a normal appurtenance (WAC 173-27-040(2)(g)).
16 Solid Waste—All garbage, rubbish trash, refuse, debris, scrap, waste materials and discarded
17 materials of all types whatsoever, whether the sources be residential or commercial, exclusive
18 of hazardous wastes, and including all source-separated recyclable materials and yard waste.
19 Stream—A naturally occurring body of periodic or continuously flowing water where: a) the
20 mean annual flow is greater than 20 cubic feet per second and b) the water is contained within
21 a channel (WAC 173-22-030(8)).
22 Strict Construction—The close or narrow reading and interpretation of a statute or written
23 document.
24 Structure—A permanent or temporary edifice or building, or a piece of work artificially built or
25 composed of parts joined together in some definite manner, whether installed on, above or
26 below the surface of the ground or water, except for vessels (WAC 173-27-030(15)).
27 Structural Shoreline Stabilization— Hard structural stabilization measures refer to those with
28 solid, hard surfaces, such as retaining walls and bulkheads, while soft structural stabilization
29 measures rely on less rigid materials, such as biotechnical vegetation measures or beach
30 enhancement. There is a range of measures varying from soft to hard that include vegetation
31 enhancement, upland drainage control, biotechnical measures, beach enhancement, anchor
32 trees, gravel placement, rock revetments, gabions, retaining walls, and bluff walls, and
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1 bulkheads. Generally, the harder the construction measure, the greater the impact on
2 shoreline processes, including sediment transport, geomorphology, and biological functions.
3 Substantial Development—A development of which the total cost or fair market value
4 exceeds$7,047 or as otherwise amended, or any development, which materially interferes with
5 the normal public use of the water or Shorelines of the State. The dollar threshold established
6 in this definition must be adjusted for inflation by the Office of Financial Management every
7 five years, beginning July 1, 2007, based upon changes in the consumer price index during that
8 time period. Consumer price index means,for a calendar year, that year's annual average
9 consumer price index, Seattle, Washington area, for urban wage earners and clerical workers,
10 all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor.
11 The Office of Financial Management must calculate the new dollar threshold and transmit it to
12 the Office of the Code Reviser for publication in the Washington State Register at least one
13 month before the new dollar threshold is to take effect (RCW 90.58.030(3)(e
14 Significantly Degrade—To cause significant ecological impact.
15 T - U
16 Upland—Generally described as the dry land area above and landward of the OHWM.
17 Utilities—Services and facilities that produce, transmit, store, process, or dispose of electric
18 power, gas, water, stormwater, sewage, and communications.
19 Utilities,Accessory— Utilities comprised of small-scale distribution and collection facilities
20 connected directly to development within the shoreline area. Examples include local power,
21 telephone, cable, gas, water, sewer, and stormwater service lines.
22 Utilities, Primary—Utilities comprised of trunk lines or mains that serve neighborhoods, areas,
23 and Cities. Examples include solid waste handling and disposal sites, water transmission lines,
24 sewage treatment facilities and mains, power generating or transmission facilities, gas storage
25 and transmission facilities and stormwater mains and regional facilities.
26 V - W - Y - Z
27 Variance—A means to grant relief from the specific bulk, dimensional or performance
28 standards specified in the applicable SMP, but not a means to vary a shoreline use. Shoreline
29 variances must be specifically approved, approved with conditions, or denied by Ecology (See
30 WAC 173-27-170).
31 Water-Dependent Use—A use or a portion of a use, which cannot exist in any other location
32 and is dependent on the water due to the intrinsic nature of its operations. Examples of water-
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1 dependent uses may include moorage structures (including those associated with residential
2 properties), ship cargo terminal loading areas, ferry and passenger terminals, barge loading
3 facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer
4 outfalls.
5 Water-Enjoyment Use—A recreational use or other use that facilitates public access to the
6 shoreline as a primary characteristic of the use; or a use that provides for recreational use or
7 aesthetic enjoyment of the shoreline for a substantial number of people as a general
8 characteristic of the use and which through location, design, and operation ensures the public's
9 ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
10 water-enjoyment use, the use must be open to the public and the shoreline-oriented space
11 within the project must be devoted to the specific aspects of the use that fosters shoreline
12 enjoyment.
13 Water-Oriented Use—Any combination of water-dependent, water-related, or water-
14 enjoyment uses that serves as an all-encompassing definition for priority uses under the SMA.
15 Water-Related Use—A use or a portion of a use, which is not intrinsically dependent on a
16 waterfront location but whose economic viability is dependent upon a waterfront location
17 because:
18 A. Of a functional requirement for a waterfront location such as the arrival or shipment of
19 materials by water or the need for large quantities of water; or
20 B. The use provides a necessary service supportive of the water-dependent commercial
21 activities and the proximity of the use to its customers makes its services less expensive
22 or more convenient. Examples include manufacturers of ship parts large enough that
23 transportation becomes a significant factor in the products cost, professional services
24 serving primarily water-dependent uses and storage of water-transported foods.
25 Examples of water-related uses may include warehousing of goods transported by
26 water, seafood processing plants, hydroelectric generating plants, gravel storage when
27 transported by barge, oil refineries where transport is by tanker and log storage.
28 Water Quality—The physical characteristics of water within shoreline jurisdiction, including
29 water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological
30 characteristics. Where used in the SMP, the term water quantity refers only to development
31 and uses regulated under the SMP and affecting water quantity, such as impermeable surfaces
32 and stormwater handling practices. Water quantity, for purposes of the SMP, does not mean
33 the withdrawal of ground water or diversion of surface water in accordance with RCW
34 90.03.250 through RCW 90.03.340.
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1 Watershed Restoration Plan—A plan developed or sponsored by the WDFW, Ecology, or
2 WSDOT acting within or in accordance with its authority, the County or a conservation district
3 that provides a general program and implementation measures or actions for the preservation,
4 restoration, re-creation, or enhancement of the natural resources, character, and ecology of a
5 stream, stream segment, drainage area, or watershed for which agency and public review has
6 been conducted in accordance with SEPA.
7 Weir—A low dam built across a stream to raise its level, divert its flow, or measure its flow.
8 Weirs have been used to address erosion and scouring of stream channels, but can also have
9 negative impacts depending on how they are constructed, such as detrimental effects on fish
10 habitat conditions.
11 Wetland or Wetland Areas—Areas that are inundated or saturated by surface or ground water
12 at a frequency and duration sufficient to support, and that under normal circumstances do
13 support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
14 Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include
15 those artificial wetlands intentionally created from non-wetland sites, including, but not limited
16 to: irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
17 treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July
18 1, 1990, that were unintentionally created as a result of the construction of a road, street, or
19 highway. Wetlands may include those artificial wetlands intentionally created from non-
20 wetland areas to mitigate the conversion of wetlands.
Revised Draft Lewis County Shoreline Master Program 143 I P a g e
Definitions
Adopted September 21,2021
APPENDIX 1: SHORELINE ENVIRONMENT
DESIGNATION MAPS
[Shoreline Environment Designation maps will be attached]
Revised Draft Lewis County Shoreline Master Program A-1 W P a g e
Appendix 1:Shoreline Environment Designation Maps
Adopted September 21,2021
APPENDIX 2: SPECIFIC WATERBODIES
SUBJECT TO THE SMP
The following rivers and streams are subject to the SMA in the County from the point they
exceed 20 cubic feet per second of annual flow:
Table A-1: Rivers and Streams Subject to the SMA in Lewis County
United States United States
Geological Survey Geological Survey
Stream or River (USGS)7.5 minute Stream or River (USGS)7.5 minute
series map where the series map where the
waterbody is located waterbody is located
Berry Creek Wahpenayo Peak Chehalis River,W F, U T Elochoman Pass
Big Creek Pe Ell Cinebar Creek Mossyrock
Big Creek Sawtooth Ridge Cinnabar Creek Elochoman Pass
Brim Creek Wildwood Cispus River Walupt Lake
Bunker Creek Rainbow Falls Cispus River* Tower Rock
Butter Creek Tatoosh Lake Cispus River, N F Hamilton Buttes
Campbell Creek Wildwood Coal Creek Ohanapecosh Hot
Carlton Creek White Pass Springs
Cascade Creek Winters Mountain Connelly Creek Morton
Catt Creek Sawtooth Ridge Coon Creek Morton
Catt Creek, U T Sawtooth Ridge Cortright Creek White Pass
Cedar Creek Eden Valley Cowlitz River-From Ohanapecosh Hot
confluence of Ohanapecosh Springs
Chambers Creek Hamilton Buttes River and Clear Fork
Chehalis River-From East Elochoman Pass Cowlitz River* Ohanapecosh Hot
and West Fork confluence Springs
Chehalis River* Curtis Cowlitz River, Clear F, U T Old Snowy Mountain
Chehalis River, E F Elochoman Pass Cowlitz River, Clear Fork- Old Snowy Mountain
Chehalis River,S F-Entire Boistfort Peak From confluence with U T
length in Lewis County is a Cowlitz River, Muddy F- Mount Rainier East
Shoreline Entire length in Lewis
Chehalis River,W F Elochoman Pass County is a Shoreline
Revised Draft Lewis County Shoreline Master Program A-2 I P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
United States United States
Geological Survey Geological Survey
Stream or River (USGS)7.5 minute Stream or River (USGS)7.5 minute
series map where the series map where the
waterbody is located waterbody is located
Crim Creek-Entire length in Pe Ell Hanaford Creek Onalaska NW
Lewis County is a Shoreline Hanlan Creek Boistfort Peak
Davis Creek Purcell Mountain Hiawatha Creek The Rockies
Deception Creek Blue Lake Independence Creek Oakville
Deep Creek Adna Johnson Creek Glenoma
Deschutes River Newaukum Lake Johnson Creek Hamilton Buttes
Devils Creek Coyote Mountain Johnson Creek Tatoosh Lake
Dillenbaugh Creek Centralia Johnson Creek, M F Packwood Lake
Eagle Creek The Rockies Jones Creek Pe Ell
East Creek Mineral Jordan Creek Hamilton Buttes
Eight Creek-Entire length Doty Kearney Creek Mayfield Lake
in Lewis County is a
Shoreline Kilborn Creek Purcell Mountain
Eleven Creek Bernier Creek King Creek Napavine
Elk Creek Winters Mountain Kiona Creek Kiona Peak
Elk Creek-Entire length in Doty Klickitat Creek Mayfield Lake
Lewis County is a Shoreline Lacamas Creek Jackson Prairie
Frost Creek Glenoma Lake Creek Curtis
Gallup Creek Mineral Lake Creek Randle
Garrard Creek,S F Cedarville Lake Creek Packwood Lake
George Creek Boistfort Peak Landers Creek Vanson Peak
Glacier Creek Packwood Lake Laughingwater Creek Ohanapecosh Hot
Goat Creek Cowlitz Falls Springs
Goat Creek Walupt Lake Lava Creek Ohanapecosh Hot
Springs
Green River-Entire length Vanson Peak
in Lewis County is a Lester Creek Pe Ell
Shoreline Lincoln Creek-From its Rainbow Falls
Greenhorn Creek Greenhorn Buttes North and South Fork
confluence
Hager Creek Packwood
. Lincoln Creek, N F Rainbow Falls
Halfway Creek Boistfort
Lincoln Creek,S F Rainbow Falls
Hall Creek Packwood
Little Creek Newaukum Lake
Revised Draft Lewis County Shoreline Master Program A-2 I P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
United States United States
Geological Survey Geological Survey
Stream or River (USGS)7.5 minute Stream or River (USGS)7.5 minute
series map where the series map where the
waterbody is located waterbody is located
Little Nisqually River-Entire The Rockies Nisqually River* Elbe
length in Lewis County is a Ohanapecosh River Ohanapecosh Hot
Shoreline Springs
Little Nisqually River,W F The Rockies Olequa Creek Napavine
Lost Creek Boistfort Olequa Creek, U T Napavine
Lucas Creek Onalaska NW Packwood Creek Bucoda
Lynx Creek Sawtooth Ridge Paradise River Mount Rainier West
Martin Creek Sawtooth Ridge Quartz Creek-Entire length Cowlitz Falls
McCoy Creek-Entire length Tower Rock in Lewis County is a
in Lewis County is a Shoreline
Shoreline Rainey Creek Kiona Peak
Mill Creek Mayfield Lake Reese Creek Anderson Lake
Millridge Creek White Pass Rock Creek-Entire length in Pe ElI
Mineral Creek Kiona Peak Lewis County is a Shoreline
Mineral Creek, N F Anderson Lake Roger Creek Elochoman Pass
Mineral Creek, U T Kiona Peak Roundtop Creek Mineral
Miners Creek-Entire length Vanson Peak Salmon Creek Hatchet Mountain
in Lewis County is a Salzer Creek Centralia
Shoreline
Shelton Creek Morton
Mission Creek Packwood Lake
Siler Creek Greenhorn Buttes
Nannie Creek Walupt Lake
Silver Creek Wahpenayo Peak
Newaukum River Onalaska NW
Skate Creek Wahpenayo Peak
Newaukum River, M F Jackson Prairie
Skate Creek, U T Wahpenayo Peak
Newaukum River, N F Logan Hill
Skookumchuck River Newaukum Lake
Newaukum River, N F, U T Onalaska NW
Slide Creek Boistfort
Newaukum River,S F Bernier Creek
Smith Creek Blue Lake
Newaukum River,S F, U T Bernier Creek
South Hanaford Creek Logan Hill
Nine Creek Pe ElI
Stearns Creek Napavine
Nisqually River-From Mount Rainier West
Lewis/Pierce County line to Stevens Creek Mount Rainier East
its'confluence with Mineral Stillman Creek Boistfort Peak
Creek Stillman Creek,W F Boistfort Peak
Revised Draft Lewis County Shoreline Master Program A-2 W P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
United States
Geological Survey
Stream or River (USGS)7.5 minute
series map where the
waterbody is located
Stillwater Creek-Entire Wildwood
length in Lewis County is a
Shoreline
Stowe Creek Pe Ell
Summit Creek White Pass
Summit Creek, U T White Pass
Taos Creek Tatoosh Lake
Teely Creek Sawtooth Ridge
Thrash Creek Elochoman Pass
Tilton River Mineral
Tilton River, E F Kiona Peak
Tilton River, N F Morton
Tilton River,S F Glenoma
Tilton River,W F The Rockies
Timonium Creek Blue Lake
Tumble Creek The Rockies
Upper Lake Creek Old Snowy Mountain
Wallanding Creek Morton
Walupt Creek Walupt Lake
Willame Creek Packwood
Willame Creek, N F Wahpenayo Peak
Willame Creek,S F Packwood
Winnie Creek Newaukum Lake
Winston Creek Coyote Mountain
Winston Creek,S F Coyote Mountain
Woods Creek Greenhorn Buttes
Yellowjacket Creek-Entire Tower Rock
length in Lewis County is a
Shoreline
"indicates shoreline of statewide significance upstream point. B
=Branch;E=East;F=Fork;M=Middle;N=North;P-Prong,S=
South;T=Tributary;U=Unnamed;W=West
Revised Draft Lewis County Shoreline Master Program A-2 I P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
The following lakes are subject to the SMA in the County:
Table A-2: Lakes Subject to the SMA in Lewis County
Alder Lake* Goat Lake Newaukum Lake
Bear Prairie Granite Lake North Fork Swamp
Bertha May Lake Jug Lake Packwood Lake
Blue Lake Lake Scanewa Pond Number Seven
Carlisle Lake Lakeside Gravel Pit Pond Number Three
Cora Lake Lily Lake Riffe (aka Mossyrock) Lake*
Davis Lake Lost Lake Surge Pond
Duck Lake Mayfield Lake* Swofford Pond
Dumbbell Lake Mill Pond Walupt Lake
Frying Pan Lake Miller Swamp
Glacier Lake Mineral Lake
*indicates shoreline of statewide significance
Revised Draft Lewis County Shoreline Master Program A-6 W P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
Table A-3: Unnamed Lakes Subject to the SMA in Lewis County
Lake United States
Geological Survey
(USGS)7.5 minute
series map where
the waterbody is
located
Unnamed 03 Bucoda
Unnamed 04 Oakville
Unnamed 05 Bucoda
Unnamed 06 Bucoda
Unnamed 08 Logan Hill
Unnamed 09 Logan Hill
Unnamed 10 Logan Hill
Unnamed 11 Logan Hill
Unnamed 12 Logan Hill
Unnamed 16 Curtis
Unnamed 17 Curtis
Unnamed 18 Curtis
Unnamed 19 Curtis
Unnamed 20 Packwood
Unnamed 21 Packwood
Unnamed 23 Randle
Unnamed 25 Purcell Mountain
Unnamed 26 Eden Valley
Unnamed 27 Walupt Lake
Unnamed 28 Toledo
Unnamed 29 Toledo
Unnamed 30 Winlock
Unnamed 31 Walupt Lake
Unnamed 32 Hamilton Buttes
Revised Draft Lewis County Shoreline Master Program A-7 I P a g e
Appendix 2:Specific Waterbodies Subject to the SMP
Adopted September 21,2021
BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Sept. 21, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
An ordinance of the County of Lewis, amending the Lewis County Shoreline Master Program and
Lewis County Code (LCC) 17.25 Shoreline Management.
Contact: Mindy Brooks Phone: 3607402610
Department: CD - Community Development
Description:
Ordinance 1329, to adopt the Lewis County Shoreline Master Program and amend Lewis County
Code 17.25, Shoreline Management.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Karen Witherspoon and Preston
Pinkston