Chapter 18.16
REGULATIONS
Sections:
18.16.010 Shoreline use and development tables.
18.16.015 Shoreline modifications.
18.16.040 Commercial and industrial development.
18.16.050 In-stream structures.
18.16.070 Recreational development.
18.16.090 Transportation and parking – Existing corridors.
18.16.100 Transportation and parking – New corridors.
18.16.110 Utilities including wastewater treatment plant and accessory utilities.
18.16.120 Wetlands and Skagit River shoreline buffer areas – Restoration and maintenance.
18.16.010 Shoreline use and development tables.
The following tables indicate the allowable uses and shoreline development and some of the standards applicable to those uses and development. Where there is a conflict between the chart and the written provisions in this master program, the written provisions shall apply. Please note that the severely limited list of uses is a result of the shoreline fronted by levees and the fact that the land has been and continues to be acquired in public ownership for flood hazard mitigation.
The charts are coded according to the following legend:
|
P = |
May be permitted although a shoreline permit may not be required |
|
C = |
May be permitted as a conditional use only |
|
X = |
Prohibited; the use is not permitted nor is it eligible for a variance or conditional use permit |
|
N/A = |
Not applicable |
See also notes to tables following Table 3.
|
|
Shoreline Environment |
||
|---|---|---|---|
|
Shoreline Use |
Aquatic |
Natural |
Urban Conservancy |
|
Agriculture |
X |
X |
P – 1 |
|
Boating facilities |
P – 2,3 |
X |
C – 2,3 |
|
Commercial: |
|
|
|
|
Water-dependent |
X – 9 |
X |
X – 9 |
|
Water-related, water-enjoyment |
X |
X |
X |
|
Non-water-oriented |
X |
X |
X |
|
Flood hazard reduction |
P |
X – 11 |
P – 2 |
|
Industrial: |
|
|
|
|
Water-dependent |
X |
X |
X |
|
Water-related, water-enjoyment |
X |
X |
X |
|
Non-water-oriented |
X |
X |
X |
|
Mining |
C – 3 |
X |
X |
|
Parking (primary) |
X |
X |
X |
|
Parking (accessory) |
X |
X |
P |
|
Recreation |
P – 9 |
P – 9 |
P – 9 |
|
Residential development |
X |
X |
X |
|
Transportation – existing corridors |
P – 2 |
P – 2 |
P – 2 |
|
Transportation – new corridors |
C – 4 |
C – 4 |
C – 4 |
|
Utilities (accessory) |
P |
P |
P |
|
Utilities including wastewater treatment plant |
P – 10 |
P – 10 |
P – 10 |
|
Wetland restoration and maintenance |
P – 2 |
P – 2 |
P – 2 |
|
|
Shoreline Environment |
||
|---|---|---|---|
|
Shoreline Modification |
Aquatic |
Natural |
Urban Conservancy |
|
Shoreline Stabilization: |
|
|
|
|
Beach or buffer restoration/enhancement |
P – 5 |
P |
P |
|
Bioengineering |
P – 5,6 |
X |
P – 5,6 |
|
Revetments |
P – 5,6 |
X |
P – 1,5,6 |
|
Bulkheads |
P – 5,6 |
X |
P – 1,5,6 |
|
Breakwaters/jetties/rock weirs/groins |
P – 5,6 |
X |
P – 1,5,6 |
|
Levees |
P |
X |
P – 1 |
|
Dredging |
C – 5 |
X |
X |
|
Hazardous waste cleanup |
P |
P |
P |
|
Fill |
C – 5,6 |
X |
P – 1,6 |
|
Piers, docks, buoys, floats |
P – 7 |
X |
P |
|
|
Shoreline Environment |
||
|---|---|---|---|
|
Development Standard |
Aquatic |
Natural |
Urban Conservancy |
|
Boating facilities |
|||
|
Water-dependent setback |
N/A |
N/A |
0 |
|
Water-related building setback |
N/A |
N/A |
50 – 8 |
|
Recreational development |
|||
|
Water-dependent setback |
N/A |
N/A |
0 |
|
Water-related, water-enjoyment setback |
N/A |
N/A |
70 – 8 |
|
Non-water-oriented setback |
N/A |
N/A |
70 – 8 |
|
Building height limit |
N/A |
N/A |
45 – 8 |
|
Parking (accessory) |
|||
|
Setback |
N/A |
N/A |
70 – 8 |
Notes to Tables 1, 2 and 3:
1. The use or development is prohibited in Gages Slough urban conservancy, except as part of a transportation improvement, utility installation or water quality enhancement project with mitigation as prescribed in Appendices A and B.
2. Public access, as approved by the city, is a condition of development and substantial development.
3. The use may be allowed provided it does not cause significant ecological impacts that cannot be mitigated on site.
4. The use may be allowed providing there is no other feasible route or location.
5. The shoreline modification may be allowed only for environmental restoration/mitigation or if the city determines that there will be a net increase in desired shoreline ecological functions.
6. Development for which a floodplain approval is required is prohibited in the floodway, other than utility outfall structures authorized by the Corps of Engineers and levee construction to maintain the structural integrity of critical infrastructure.
7. Piers or docks may be allowed only for public access or hand-carried vessels and only if significant adverse ecological impacts are avoided.
8. The setback is measured from the ordinary high water mark and shall include a 50-foot minimum strip of shoreline restoration measures and/or native vegetation plantings as approved by the city plus a 20-foot-wide public access easement running parallel with the shoreline.
9. Commercial recreation facilities may be allowed as a water-dependent use or in support of recreational facilities such as concession stands.
10. New utility production and processing facilities are prohibited unless it can be demonstrated that no other practical option is available. The existing wastewater treatment plant and future expansion is a permitted facility.
11. Only flood control physical elements such as levees or fill are prohibited. Other forms of flood hazard reduction such as planning, monitoring and warning systems are allowed.
(Ord. 1786 § 1, 2013).
18.16.015 Shoreline modifications.
A. Implementation Policy. Shoreline modifications are generally related to construction of a physical element such as a dike, breakwater, dredged basin, or fill, but they can include other actions such as clearing, grading, application of chemicals, or significant vegetation removal. Shoreline modifications usually are undertaken in support of or in preparation for a shoreline use; for example, fill (shoreline modification) required for a cargo terminal (industrial use) or dredging (shoreline modification) to allow for a marina (boating facility use). Shoreline modifications in Burlington are limited.
B. Regulations.
1. All new shoreline modifications must be in support or protection of an allowable shoreline use or development that is in danger of loss or substantial damage or is necessary for mitigation or enhancement and conforms to the provisions of this master program. Except as otherwise noted, all shoreline modifications not associated with a legally existing or an approved shoreline use are prohibited. (Ord. 1786 § 1, 2013).
18.16.020 Agriculture.
A. Implementation Policy. Agricultural activities on agricultural land are not regulated by this shoreline master program. Only new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and other development on agricultural land that does not meet the definition of agricultural activities is regulated by this shoreline master program.
Existing and ongoing agriculture shall be required to implement applicable standards and practices through an individual farm plan based on the Field Office Technical Guides (FOTG) administered by the Natural Resources Conservation Service of USDA. An accountability and monitoring program shall be included in each plan. The farm management plan shall be consistent with the Washington State Agricultural Strategy to ensure agricultural practices are not negatively affecting water quality, quantity or salmon habitat.
New development in support of agricultural activities shall be designed to minimize impacts to shoreline environments, specifically, to prevent livestock intrusion into the water; bank erosion; degradation of water quality from fertilizers, pesticides, and manure into the water; and loss of shoreline vegetation. Standards or best management practices, setbacks and vegetation management areas shall be addressed through individual farm plans as above.
B. Regulations by Environment for New Agricultural Activities on Land Currently Not Meeting the Definition of Agricultural Land.
1. Urban Conservancy Environment. Agriculture is prohibited in the Gages Slough urban conservancy. Agriculture is permitted in the Skagit River urban conservancy subject to the following requirements:
a. Fencing livestock out of Skagit River, associated wetlands and all buffers;
b. Prohibit the practice of spraying liquid manure, the use of pesticides, herbicides and organic fertilizers, and the cultivation of land within the buffers of the Skagit River, associated wetlands and their buffers.
2. Natural Environment. Agriculture is prohibited.
3. Aquatic Environment. Agriculture is prohibited. (Ord. 1786 § 1, 2013).
18.16.030 Boating facilities.
A. Implementation Policy. Provisions shall be included to address potential impacts while providing the public boating opportunities. Facilities shall be restricted to existing locations with suitable environmental conditions, shoreline configuration, access, and neighboring uses. Sewage pumpouts and wash-off stations shall be required where appropriate to meet health requirements. Mitigation of visual and ecological impacts shall be required. Parking impacts shall be mitigated. Live-aboards and covered moorage are prohibited.
At the time of adoption of the SMP, boating facilities in Burlington consist of one floating dock moored by pilings that abuts the shoreline and is used as a landing or moorage place for small water craft utilized for recreational purposes (e.g. private angling club facility), and one public boat launch ramp.
Pier and dock construction should be restricted to the minimum size necessary to meet the needs of the proposed use. Multiple-use and expansion of legally existing piers and docks should be encouraged over the addition of new facilities. Joint-use facilities are preferred over new single-use piers, docks, and floats. Piers and docks should be sited and designed to avoid or minimize potentially significant ecological impacts, including impacts on sediment movement, water circulation and quality, and fish and wildlife habitat. The proposed size of the structure and intensity of use or uses of any pier or dock should be compatible with the surrounding environment and land and water uses.
B. Regulations.
1. Marinas are prohibited.
2. Live-aboards and covered moorage is prohibited.
3. Sewage pumpouts, restrooms and wash-off stations shall be required where appropriate to meet health requirements.
4. Pier and dock construction shall be restricted to the minimum size necessary to meet the needs of the proposed use. Piers and docks shall be sited and designed to avoid or minimize potentially significant ecological impacts, including impacts on sediment movement, water circulation and quality, and fish and wildlife habitat.
C. Regulations by Environment.
1. Urban Conservancy Environment. Boating facilities are a shoreline conditional use permit along the Skagit River. Boating facilities are prohibited in Gages Slough.
2. Natural Environment. Boating facilities are prohibited.
3. Aquatic Environment. Boating facilities are permitted subject to compliance with applicable state and federal regulations and standards and the implementation policies and regulations of this section. (Ord. 1786 § 1, 2013).
18.16.040 Commercial and industrial development.
A. Implementation Policy. No significant development other than critical infrastructure is allowed along the Skagit River, and no development is allowed in the Gages Slough wetland. Levee maintenance and improvement and transportation upgrades such as replacing bridges are the only potential development activity and mitigation would be required.
As stated in the regulations by environment, there is existing guide service that may utilize the boat launch ramp, but there is no location available for commercial and industrial development along the riverfront.
B. Regulations by Environment.
1. Urban Conservancy Environment. Commercial and industrial development is prohibited except for commercial services related to recreational facilities.
2. Natural Environment. Commercial and industrial development is prohibited.
3. Aquatic Environment. Water-dependent commercial and industrial development is prohibited except for water-taxi or guide service. (Ord. 1786 § 1, 2013).
18.16.050 In-stream structures.
A. Implementation Policies. The guidelines define an in-stream structure as a structure placed by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.
In-stream structures are defined to include structures in wetlands and shall provide for the protection and preservation of natural and cultural resources, including but not limited to fish, wildlife, and water resources; critical areas; geohydrological processes; and natural scenic vistas. The location and planning of in-stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.
The only likely installations in the Skagit River shoreline area would be associated with a transportation facility, data collection, flood control, or fish enhancement.
B. Regulations.
1. In-stream structures shall provide for the protection and preservation of safe surface navigation, ecosystem-wide processes, ecological functions and cultural resources, including but not limited to fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeologic processes, and natural scenic vistas.
2. The location and planning of in-stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.
C. Regulations by Environment.
1. Urban Conservancy Environment. In-stream structures including culverts and similar structures are permitted to be located in Gages Slough.
2. Natural Environment. In-stream structures are permitted as a shoreline conditional use.
3. Aquatic Environment. In-stream structures are permitted. (Ord. 1786 § 1, 2013).
18.16.060 Mining.
A. Implementation Policies. Mining shall not be allowed in unique and fragile areas and excavation of sand, gravel and other minerals shall be done as required by the Washington State Surface Mining Reclamation Act, chapter 78.44 RCW.
B. Regulations.
1. Mining is prohibited in unique and fragile areas. When allowed it shall be in compliance with the Washington State Surface Mining Reclamation Act, chapter 78.44 RCW.
C. Regulations by Environment.
1. Urban Conservancy Environment. Mining is prohibited.
2. Natural Environment. Mining is prohibited.
3. Aquatic Environment. Mining is prohibited except for gravel extraction as a shoreline conditional use for specific quantities and specified locations. The removal of gravel from the Skagit River shall be done only after a biological and geohydrological study shows that sustainable extraction can take place without altering the natural processes of gravel transport and there is no net loss of ecological functions. Fish and wildlife resources shall be protected consistent with the Endangered Species Act and all disturbed areas shall be reclaimed. Removal of gravel for flood management purposes shall be consistent with the flood hazard mitigation plan. (Ord. 1786 § 1, 2013).
18.16.070 Recreational development.
A. Implementation Policies. The public shall be allowed to enjoy the waters of the state through water-oriented recreation. Shoreline recreational facilities should be linked to other recreational attractions by pedestrian and bicycle trails. In order to provide for a spectrum of recreational needs and opportunities, recreational development must be consistent with the parks and recreation comprehensive plan.
Location and design shall minimize environmental damage, and shall be designed to improve natural habitat, whether on the shoreline or upland, to maximize the diversity of habitat opportunities.
B. Regulations by Environment.
1. Urban Conservancy Environment. Recreational development is permitted. All non-water-oriented recreational developments shall make provision for public access to the shoreline.
2. Natural Environment. Only low-intensity, water-oriented recreational development such as public access trails is permitted.
3. Aquatic Environment. Recreational development is permitted. (Ord. 1786 § 1, 2013).
18.16.080 Residential.
A. Implementation Policies. Existing residential development shall be allowed, subject to BMC 18.09.040, Nonconforming uses and structures.
Floating homes, houseboats and live-aboard vessels are not permitted.
B. Regulations by Environment.
1. Urban Conservancy Environment. Residences, floating homes, houseboats and live-aboard vessels are prohibited.
2. Natural Environment. Residences, floating homes, houseboats and live-aboard vessels are prohibited.
3. Aquatic Environment. Residences, floating homes, houseboats and live-aboard vessels are prohibited. (Ord. 1786 § 1, 2013).
18.16.090 Transportation and parking – Existing corridors.
A. Implementation Policies. Existing transportation corridors shall be upgraded as feasible, to comply with the latest edition of the Department of Ecology’s Surface Water Manual, for both quantity and quality, and shall further be required to improve public nonmotorized access opportunities when improvements are constructed.
Transportation and parking plans and projects should support circulation system planning for pedestrians, bicycles, and public transportation that in turn supports existing and proposed shoreline uses.
B. Regulations.
1. Existing transportation corridors shall be upgraded as feasible to comply with the latest edition of the Department of Ecology’s Surface Water Manual, for both quantity and quality, and shall further be required to improve public nonmotorized access opportunities when improvements are constructed.
C. Regulations by Environment.
1. Urban Conservancy Environment. Existing transportation corridors and related improvements are permitted.
2. Natural Environment. Existing transportation corridors and related improvements are permitted.
3. Aquatic Environment. Existing transportation corridors and related improvements are permitted. (Ord. 1786 § 1, 2013).
18.16.100 Transportation and parking – New corridors.
A. Implementation Policies. New transportation corridors shall only be established when a clear regional need is demonstrated.
Proposed transportation and parking plans and projects need to be planned, located and designed where they will have the least possible adverse effect on unique or fragile shoreline features, and will not result in a net loss of shoreline ecological functions.
They shall comply with the latest edition of the Department of Ecology’s Surface Water Manual, for both quantity and quality, and shall further be required to provide public nonmotorized access opportunities when improvements are constructed.
Parking is the temporary storage of automobiles or other motorized vehicles. Except as noted the following provisions apply only to parking that is “accessory” to a permitted shoreline use. Parking as a “primary” use and parking which serves a use not permitted in the shoreline jurisdiction is prohibited. Parking should be planned to achieve optimum use. Where possible, parking should serve more than one use (e.g., serving recreational use on weekends, commercial uses on weekdays). Where feasible, parking for shoreline uses should be provided in areas outside shoreline jurisdiction. Low-impact parking facilities, such as permeable pavements, are encouraged.
Parking as a primary use or that serves a use not permitted in the applicable shoreline environment designation shall be prohibited over water and within shoreline jurisdiction. Parking in shoreline jurisdiction must directly serve a permitted shoreline use.
Parking facilities shall be designed and landscaped to minimize adverse impacts upon the adjacent shoreline and abutting properties. Landscaping shall consist of native vegetation and/or plant materials approved by the city and planted before completion of the parking area in such a manner that plantings provide effective screening within three years of project completion.
Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served, except when the parking facility is within or beneath the structure and adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline.
Parking facilities for shoreline activities shall provide safe and convenient pedestrian circulation within the parking area and to the shorelines.
Parking facilities shall provide adequate facilities to prevent surface water runoff from contaminating water bodies, using best available technologies, and include a maintenance program that will assure proper functioning of such facilities over time.
B. Regulations, General.
1. New transportation corridors and related improvements are permitted when there is no feasible route or location outside shoreline jurisdiction, when a clear regional need is demonstrated and as a shoreline conditional use permit.
2. Proposed transportation and parking plans and projects shall be planned, located and designed where they will have the least possible adverse effect on unique or fragile shoreline features, and will not result in a net loss of shoreline ecological functions.
3. Transportation and parking shall comply with the latest edition of the Department of Ecology’s Surface Water Manual, for both quantity and quality, and shall further be required to provide public nonmotorized access opportunities when improvements are constructed.
4. Transportation and parking shall comply with the latest edition of the Department of Ecology’s Surface Water Manual, for both quantity and quality, and shall further be required to provide public nonmotorized access opportunities when improvements are constructed.
5. Parking as a primary use or that serves a use not permitted in the applicable shoreline environment designation shall be prohibited within shoreline jurisdiction.
6. Parking facilities shall be designed and landscaped to minimize adverse impacts upon the adjacent shoreline and abutting properties. Landscaping shall consist of native vegetation and/or plant materials approved by the city and be planted before completion of the parking area in such a manner that plantings provide effective screening within three years of project completion.
7. Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served, except when the parking facility is within or beneath the structure and adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline.
8. Parking facilities for shoreline activities shall provide safe and convenient pedestrian circulation within the parking area and to the shorelines.
9. Parking facilities shall provide adequate facilities to prevent surface water runoff from contaminating water bodies, using best available technologies and include a maintenance program that will assure proper functioning of such facilities over time.
C. Regulations by Environment.
1. Urban Conservancy Environment. Parking areas shall be designed to minimize the environmental and visual impacts.
2. Natural Environment. Parking areas are prohibited in the natural environment.
3. Aquatic Environment. Parking areas are prohibited in the aquatic environment. (Ord. 1786 § 1, 2013).
18.16.110 Utilities including wastewater treatment plant and accessory utilities.
A. Implementation Policies. These facilities include utility production and processing as well as large transmission facilities. It does not include accessory utilities found in BMC 18.14.020(H). Design and location of utilities shall minimize harm to the shoreline, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses.
B. Regulations.
1. The existing wastewater treatment plant and future expansion is a permitted facility; new utility production and processing facilities are prohibited unless it can be demonstrated that no other practical option is available.
2. Transmission facilities for the conveyance of services, such as pipelines and power wires, shall be located to assure no net loss of shoreline ecological functions, cause minimum harm to the shoreline and be located outside the shoreline area where feasible, and shall be consistent with the master program environment designation. Locate utilities in existing rights-of-way and corridors wherever possible.
C. Regulations by Environment.
1. Urban Conservancy Environment. Utilities are permitted. Transmission facilities for the conveyance of services, such as pipelines and power wires, shall be located to assure no net loss of shoreline ecological functions, cause minimum harm to the shoreline and be located outside the shoreline area where feasible.
2. Natural Environment. Utilities are permitted. Transmission facilities for the conveyance of services, such as pipelines and power wires, shall be located to assure no net loss of shoreline ecological functions, cause minimum harm to the shoreline and be located outside the shoreline area where feasible.
3. Aquatic Environment. Utilities are permitted. Transmission facilities for the conveyance of services, such as pipelines and power wires, shall be located to assure no net loss of shoreline ecological functions, cause minimum harm to the shoreline and be located outside the shoreline area where feasible. (Ord. 1786 § 1, 2013).
18.16.120 Wetlands and Skagit River shoreline buffer areas – Restoration and maintenance.
A. Implementation Policies. The plans and implementation of restoration and maintenance of wetlands and shoreline buffers shall be designed, installed, monitored and maintained in accordance with best available science practices.
B. Regulations by Environment.
1. Urban Conservancy Environment. Wetland and Skagit River shoreline buffer restoration and maintenance is permitted and shall be designed, installed, monitored and maintained in accordance with best available science practices.
2. Natural Environment. Wetland and Skagit River shoreline buffer restoration and maintenance is permitted and shall be designed, installed, monitored and maintained in accordance with best available science practices.
3. Aquatic Environment. Wetland and Skagit River shoreline buffer restoration and maintenance is permitted and shall be designed, installed, monitored and maintained in accordance with best available science practices. (Ord. 1786 § 1, 2013).