Chapter 20.20
SHORELINE DESIGNATIONS, MAPS, AND BOUNDARIES
Sections:
20.20.010 Establishment of shoreline environmental designations.
20.20.015 Characterization of shorelines in Ferndale.
20.20.020 General environmental designation policies.
20.20.030 Shoreline environment designation maps.
20.20.040 Designation of boundaries.
20.20.050 Geographic distribution.
20.20.010 Establishment of shoreline environmental designations.
In order to classify, segregate and regulate the uses of land, buildings and structures, the shoreline area of the City of Ferndale is divided into five distinct environmental designations, based on existing use patterns, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through the Comprehensive Plan. The City of Ferndale’s shoreline environmental designations are as identified in Chapters 20.30 through 20.50 FMC. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.20.015 Characterization of shorelines in Ferndale.
A. Shorelines in Ferndale are primarily focused on and defined by the Nooksack River, a water body that has been designated as a water body of the state of Washington. The Nooksack River is particularly notable as a shoreline as it provides access for salmon and other fish species to spawning grounds to the east. In recent decades, the habitat in the Nooksack River has been significantly degraded as a result of the removal of shade trees along its banks, the use of water resources that have reduced water levels, and climate change, which has resulted in substantial fluctuations in flows. The SMP, as it relates to the Nooksack, is intended primarily to preserve the fish passage characteristics of the river through Ferndale, specifically by providing shade, by moderating peak water flows by preserving flood attenuation capacity, and by mitigating flood impacts through levees along the west bank of the river, while also providing for the public’s continued use, access, and enjoyment of the shoreline.
B. Several streams and creeks serve as tributaries to the Nooksack. Some of these water bodies, including Whiskey Creek, Ten Mile Creek, Schell Creek, and Silver Creek, serve as fish-bearing streams. Many of these water bodies have been degraded as a result of development and agriculture, and the majority of them no longer provide the year-round water flows that once characterized them. The SMP is intended to protect or reestablish riparian buffers along the banks of these streams.
C. Critical areas within the 100-year floodplain that are hydrologically linked to the Nooksack River are also subject to shoreline jurisdiction. Large critical areas between 10 Mile Creek and the Nooksack River, and in the vicinity of Tennant Lake provide significant habitat and ecological benefit. These critical areas have grown over time as the result of beaver dams and the subsequent death of trees due to marshy conditions. The fallen trees have contributed to additional dams which have in turn created marshy conditions or swamps. Historic agricultural use and the resulting irrigation channels established in the late nineteenth and early twentieth century dramatically altered the natural conditions and flows of the area; the cessation of these practices prior to World War Two has resulted in the continued expansion of the Tennant Lake area and surrounding wetlands, whereas the natural flows of these areas had flowed directly to the Nooksack River. The SMP and the City’s critical areas ordinance are intended to protect the natural wetland systems, while also allowing for mitigation measures necessary to curtail the expansion of these areas. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.20.020 General environmental designation policies.
A. A natural designation is not included since no shoreline area in Ferndale conforms to state guideline definitions for the natural designation.
B. These designations are superimposed as an overlay upon existing zoning within shoreline jurisdiction. The regulations of the master program shall be in addition to the zoning regulations and requirements. In cases of conflict between the regulations of the City zoning ordinance and the master program, the most restrictive shall apply.
C. Undesignated shorelands shall automatically be assigned a conservancy environment designation.
D. New development shall not cause net loss of ecological functions. Environmental cleanup and restoration of the shoreline shall comply with relevant state and federal laws. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.20.030 Shoreline environment designation maps.
A. The boundaries of the shoreline environment designations referred to in FMC 20.20.010 shall be determined and defined or redefined from time to time by the adoption of the area designation maps covering the City, showing the geographical area and location of said designations, which map or maps shall be hosted on the City’s official website, filed with the City Clerk, and be permanently displayed in that office or such other office as the Mayor shall designate. Each said map or maps shall be, upon its final adoption by the Department, a part of this title and said map, and all notations, references and other information shown thereon, thereafter shall be as much a part of this title as though all matters and information set forth on said map were fully described herein.
B. The official shoreline map shall be the final authority as to the current designation of shorelines in the City. Areas that are not mapped and/or designated are hereby assigned a preliminary “Conservancy” shoreline designation. As these areas are discovered, the City will work to formally designate appropriate shoreline designation for these parcels with assistance from the Department of Ecology.
C. This title and each and all of its terms are to be read and interpreted in the light of the contents of said map or maps and the text of this title. When conflict is deemed to arise between the map or maps and the text, the text of this title shall prevail.
D. If changes are made to the official shoreline map, such changes shall be made at the direction of the Mayor promptly after the amendment has been approved by the City Council and adopted by the Department of Ecology.
E. If lands under shoreline jurisdiction are annexed to the City of Ferndale after the effective date of this title, they shall retain their preexisting Whatcom County Shoreline Management Program designation until a City of Ferndale master program amendment is approved in accordance with FMC 20.65.060 after the annexation and the master program amendment are final. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.20.040 Designation of boundaries.
As per FMC 18.16.040, the boundaries of such designations shown upon any map adopted by this title, or amendments thereto, are hereby adopted and approved and the regulations of this title governing uses of land, buildings and structures are hereby established and declared to be in effect upon all land included within the boundaries of each designation shown upon the official shoreline map. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.20.050 Geographic distribution.
The provisions of this title shall apply to all shorelines, all shorelines of statewide significance and shorelands within the City of Ferndale, as defined in Chapter 20.10 FMC. The location and extent of such shorelines are shown on the official shoreline map appended to this document as an integral part of this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)