Chapter 20.05
GENERAL PROVISIONS
Sections:
20.05.060 Applicability and designation of shorelines of statewide significance.
20.05.070 Rules of construction.
20.05.080 Land within urban growth area (RCW 36.70A.030).
20.05.010 Title.
City of Ferndale shoreline master program. This title may be referred to internally as SMP, master program, or program. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.020 Authority.
This title is adopted pursuant to the state Shoreline Management Act of 1971, Chapter 90.58 RCW. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.030 Purpose.
A. It is the policy of the state of Washington as expressed in the Shoreline Management Act of 1971 and the City of Ferndale as expressed in this master program to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses, particularly uses directly dependent upon the water; to preserve to the greatest extent feasible consistent with the overall interest of the state, the City, and the people generally, the public’s opportunity to enjoy the physical and aesthetic qualities of the shorelines of the City by preserving views and increasing public access to the shorelines; and to manage the shorelines of the City to minimize, insofar as practical, damage to the shoreline area. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.040 Scope.
A. No development shall be undertaken on the shorelines within the corporate limits of the City of Ferndale except those that are consistent with the policy of the Shoreline Management Act of 1971 and the goals, policies, and regulations of the master program. No substantial development shall be undertaken within shoreline jurisdiction, without first obtaining a substantial development permit from the City in accordance with procedures in Chapter 20.15 FMC.
B. Except as otherwise provided in this title, no building or structure shall be erected, moved, altered, added to or enlarged, nor shall any land, building or structure or premises be used for any purpose other than a use listed in this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.050 Adoption of policy.
In accordance with RCW 90.58.020, the following management and administrative policies are hereby adopted for all shorelines of statewide significance in the City of Ferndale, as defined in RCW 90.58.030(2)(e) and identified in this section. The Act requires that the City’s shoreline master program give preference to uses that generally are consistent with the state-wide public interest in such shorelines. Uses shall be given preference which are consistent with the policies contained in RCW 90.58.020 as follows:
A. Recognize and protect the statewide interest over local interest;
B. Preserve the natural character of the shoreline;
C. Result in long-term over short-term benefit;
D. Protect the ecology and resources of the shoreline;
E. Increase public access to publicly owned areas of the shoreline;
F. Increase recreational opportunities for the public in the shoreline;
G. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
Uses which are not generally consistent with these policies should not be permitted on such shorelines. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.060 Applicability and designation of shorelines of statewide significance.
A. This title shall apply to all of the shorelands and waters within the City limits that fall under the jurisdiction of Chapter 90.58 RCW as follows:
1. Shorelands shall include those lands extending 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark (OHWM); floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of this title, as may be amended; the same to be designated as to location by Ecology, as defined by Chapter 90.58 RCW only:
a. In accordance with the criteria of RCW 90.58.030(2)(e), the legislature designated the following shorelines of the City of Ferndale, including the associated shorelands, as having statewide significance:
i. Nooksack River: That portion of the Nooksack River, including associated shorelands, lying within the boundaries of the City of Ferndale. This area includes those wetland portions of Tennant Lake and Ten Mile Creek within the 100-year floodplain of the Nooksack River.
b. The following lakes and streams are also subject to shoreline jurisdiction, in whole or part, and as shown on the City’s official shoreline maps:
i. Ten Mile Creek.
ii. Cedar Creek.
iii. Schell Creek.
iv. Silver Creek.
v. Whiskey Creek.
vi. Tennant Lake.
2. On all other shorelines regulated by this title, shoreline jurisdiction includes those critical areas that are considered to be associated with the shoreline itself, as well as land necessary for buffers for critical areas that occur within a shoreline of the state.
3. In accordance with RCW 35.21.160, where the City is bounded by a river, lake, or other navigable water, the City’s shoreline jurisdiction extends to the middle of that river, lake, or navigable water.
4. Up to 200 feet of the 100-year floodplain shall be included within the designated shoreline, when in conjunction with a designated floodway.
5. Maps indicating the extent of shoreline jurisdiction and shoreline designations are guidance only. They are to be used in conjunction with best available science, field investigations and on-site surveys to accurately establish the location and extent of shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline of the state or a shoreline of statewide significance, whether mapped or not, are subject to the provisions of this title.
6. This title shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other nonfederal entity that develops, owns, leases, or administers lands, wetlands, or waters that fall under the jurisdiction of the Act; and within the external boundaries of federally owned lands (including, but not limited to, private holdings in national wildlife refuges).
7. Nonfederal agency actions undertaken on federal lands must comply with this title and the Act.
8. Shoreline development occurring in or over navigable waters may require a shoreline permit in addition to other approvals required from state and federal agencies.
9. Shoreline development occurring in or over navigable waters may require a shoreline permit in addition to other approvals required from state and federal agencies.
10. This title shall apply whether the proposed development or activity is exempt from a shoreline or not.
11. Native American tribes’ actions on tribal lands and federal agencies’ actions on federal lands under exclusive federal jurisdiction are not required, but are encouraged, to comply with the provisions of this title and the Act. Nothing in this title shall affect any rights established by treaty to which the United States is a party. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.05.070 Rules of construction.
A. When uncertainty exists as to boundaries of any designation shown on the official shoreline map, the following rules of construction shall apply:
1. Where designation boundaries are indicated as approximately following the centerline of streets, alleys or highways and are not otherwise described herein, the actual centerline shall be construed to be the boundary.
2. Where designation boundaries are indicated as running approximately parallel to the centerline of the street, the boundary line shall be construed to be parallel to the centerline of the street.
3. Where designation boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundaries of such designation.
4. Where a designation boundary on such map or maps divides a tract in unsubdivided property, the location of such designation boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on such shoreline area designation map or maps.
5. Designation boundaries following shorelines shall be construed to follow shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shorelines.
6. Boundaries indicated as following railroad lines shall be construed to be the centerline of said railroad rights-of-way.
7. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley.
B. In case uncertainty exists which cannot be determined by application of the foregoing rules, the Planning Commission shall recommend, and the City Council determine, the location of such designation boundaries. (Ord. 2251 § 1 (Exh. A), 2024)
20.05.080 Land within urban growth area (RCW 36.70A.030).
RCW 90.58.580 provides relief from the SMP to applicants seeking approvals for development on land within urban growth areas as defined in RCW 36.70A.030, brought under shoreline jurisdiction due to a shoreline restoration project creating a landward shift in the ordinary high water mark. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)