Chapter 20.55 GENERAL AND SPECIAL REGULATIONS

* Code reviser’s note: The City of Ferndale intends to relocate long-range Shoreline Master Program Goals and Policies to the Ferndale Comprehensive Plan as part of the scheduled 2025 Comprehensive Plan Update.

20.55.005 General policies and regulations.

A. All use and development activities on shorelines shall be subject to the following general policies and regulations in addition to those applicable under the appropriate shoreline use and shoreline modification chapters (Chapters 20.30, 20.35, 20.40, 20.45, 20.50 and 20.55 FMC.)

B. The following policies and regulations apply to the categories of use activities listed by the state in the Shoreline Management Act guidelines (WAC 173-26-240). These policies and regulations are intended to guide or regulate the uses which are allowed within the shoreline.

C. The Shoreline Administrator is empowered to seek mitigation measures or design modifications necessary to achieve any and all of the policies and regulations associated with this title, and to recommend denial of any project which fails to meet any requirement.

1. Development shall be located, designed, constructed and maintained to prevent hazardous conditions and to substantially protect hazardous, sensitive, or unsuitable areas.

2. Development shall not result in a net loss of shoreline ecological functions nor create a nonmitigatable significant adverse impact on other shoreline uses. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.010 Use conflicts.

A. Policies.

1. Developments should be located, designed, constructed and managed to minimize adverse effects on other appropriate shoreline uses, whether existing or planned, and to provide safe, healthy conditions.

2. Unavoidable impacts or use conflicts should be minimized through the use of appropriate mitigation measures.

B. Regulations. Buffers between developed areas and the shoreline shall be planted with native or locally compatible species or maintained in a natural condition except where foot or bicycle traffic may require surfacing. Such areas may not be used for vehicle parking, non-low-impact stormwater facilities, or open storage. The width and physical nature of such buffers shall be determined by Chapter 16.08 FMC, Critical Areas. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.020 Hazardous, sensitive or unsuitable areas.

A. Policies. Natural features or conditions associated with shorelines are often environmentally sensitive or potentially hazardous to development and may be unsuitable for intensive use or development. Such areas may be maintained in a natural condition or, where that is not feasible, appropriate mitigation shall be achieved. Within the City of Ferndale’s shoreline jurisdiction, the primary areas that may be considered hazardous, sensitive, or unsuitable are those areas that, should they be developed or altered, would have the greatest potential to modify the flow of the Nooksack River, or to change the flooding characteristics of the river.

B. Regulations.

1. Development shall be located, designed, constructed and maintained to prevent hazardous conditions and to substantially protect hazardous, sensitive, or unsuitable areas. The Administrator may require modifications to the design of the development in order to protect shore features and other users and to ensure such development is not subject to nor creates hazardous conditions unsuitable to development.

2. Structures located within the jurisdiction of the floodplain development regulation ordinance (Chapter 15.24 FMC) shall comply with the provisions of that chapter. Pursuant to FMC 15.24.190, land use actions with the potential to reduce the effective flood storage volume of the regulatory floodplain and/or creating a net increase in flood level shall be required to analyze the impact of a proposed land use in various flood scenarios. Should there be a determination that the proposed activity cannot mitigate or avoid such impacts, modifications to the design of the development shall be required. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.030 Geohydraulics.

A. Policies. Development should be located, designed, constructed and maintained so that natural erosion, sediment transport, and water circulation and accretion processes are not significantly disrupted.

B. Regulations. The physical integrity of the shore process corridor shall be maintained in its natural state to the greatest extent feasible, except for the purpose of establishing, protecting, or modifying levee or flood embankments as may be authorized by the Army Corps of Engineers or other qualified agencies.

1. When maintenance of the physical integrity of the shore process corridor is not feasible, disturbances from construction, heavy equipment use or other such activity shall be kept to a minimum, consistent with this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.040 Water quality.

A. Policies. The location, construction, operation, and maintenance of all shoreline uses and development activities should maintain or enhance the quality of surface and ground water.

B. Regulations.

1. Compliance with Chapter 13.34 FMC, City of Ferndale stormwater control regulations shall be required for the purpose of limiting stormwater runoff during construction and subsequent use of the property, limiting impervious surfaces, and treating and detaining water.

2. It is always necessary to treat stormwater prior to discharge to a wetland and its buffer. Runoff treatment best management practices (BMPs) shall be located outside of wetlands and their buffer. Under limited circumstances, a wetland may be used for additional runoff treatment and/or flow control of stormwater, pursuant to the requirements of the most recently adopted version of the Stormwater Management Manual for Western Washington. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.050 Hazardous and toxic materials.

A. Policies. When chemical fertilizers, pesticides or other toxic materials are used in shoreline areas, extreme caution should be observed to prevent contamination of water and soils and adverse effects on valuable plant, fish and animal life.

B. Regulations.

1. There shall be no spraying over water bodies or application on land where direct runoff of chemical-laden water to water bodies or aquifer recharge areas will occur.

2. A chemical-free buffer strip of appropriate width shall be maintained along the OHWM of all wetlands, streams and water bodies.

3. Facilities and procedures utilizing advanced available systems and technology for handling, disposal or prompt spill clean-up of oil, fuel and/or hazardous materials shall be required wherever such materials are to be handled in any significant quantity. All private, public and commercial boat fueling facilities shall be designed and operated to prevent spillage or contamination of ground and surface waters and soils in shoreline areas.

4. Regulations and guidelines on chemical use adopted by other agencies shall be adhered to in all shoreline areas including, but not limited to, the State Departments of Agriculture and Ecology.

5. Wood or pilings treated with creosote, pentachlorophenol or other similarly toxic substances shall not be used below the OHWM of streams, lakes or wetlands. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.060 Fish and wildlife.

A. Policies. All shoreline use and development activities should be located and operated so as to provide long-term protection of fish and wildlife resources, and their various habitats.

B. Regulations.

1. Alternative locations or designs for development shall be utilized if potential adverse impacts to fish and wildlife resources are identified.

2. Shorelines having banks, beaches and beds critical to fish and wildlife resources shall be maintained or restored to a productive natural condition to the extent feasible. The City may consider such a practice to be infeasible if the project proponent does not have legal control of property(ies) on which such maintenance or restoration could take place, and no reasonable alternative options for maintenance or restoration are available.

3. Development in critical wildlife habitat areas identified by the Department of Fish and Wildlife shall not be permitted unless adequate mitigation of impacts can be provided.

4. Development shall be subject to the provisions of the application provisions of the critical areas ordinance in Chapter 16.08 FMC. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.070 Views and aesthetics.

A. Policies. Development should not detract from shoreline scenic and aesthetic qualities which are derived from natural or cultural features.

B. Regulations.

1. Natural or cultural features shall be conserved or enhanced by development and utilized for open space, fish and wildlife habitat, public access or recreation purposes.

2. Overwater construction shall be minimized.

3. Site restoration shall be required to the extent feasible after construction.

4. The protection of the public’s legal access to and view of the shoreline from public properties shall be preserved and enhanced.

5. The City shall consider reductions in vegetation retention requirements when provisions for public access to the shoreline and shoreline views are proposed on private property; provided, that the ecological functions of the site and surrounding area are preserved through the reduction of vegetation.

6. In some cases, the public’s access or view of the shoreline may be created or enhanced by providing public access to overlooks, balconies, patios, courtyards, rooftops, and other such features that may be included in a development proposal.

7. Any proposed structure greater than 35 feet in height shall be required to complete a view analysis documenting any existing views of the shoreline that may be impeded or obscured as a result of the proposed construction. For the purposes of this view analysis, existing views of the shoreline shall mean existing views of the stream or river channel itself, and existing views to the far shore of the stream or river as viewed from nearby properties. The analysis shall not be required to determine whether potential views from undeveloped or underdeveloped properties may be impeded or obstructed.

a. The Shoreline Administrator may, in writing, waive the required view analysis if they determine that no views of the shoreline have the potential to exist from the parcel on which development is proposed. Such waiver will document the City’s evaluation of the potential to impact views.

b. Heights above 35 feet are not allowed within required critical area buffers. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.080 Maintenance.

A. Policy. All structures and development should be kept in good repair and in a hazard-free condition or should be removed from shorelines.

B. Regulations.

1. The Administrator may require the repair or removal of structures or development that are found to be hazardous, damaging to shore resources or other properties, abandoned, or otherwise creating a public nuisance.

2. Repair, removal or replacement of damaged, derelict or abandoned structures or those which are a hazard to navigation or other users should be completed as soon as possible after the condition is identified. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.090 Paths and trails.

A. Policies. Construction of paths and stairs for private or public access to shorelines should not be allowed to create hazards or cause adverse effects to shore features, aesthetic quality or other users, especially in hazardous or sensitive areas.

B. Regulations.

1. Stairs and walkways not attached to a permanent structure or serving essentially as an independent facility from the primary structure and located within the shoreline setback area shall be a minimum four feet in width and no portion of the structure shall project more than eight feet out from the existing slope.

2. In hazardous or sensitive areas, the Administrator may deny construction of paths and stairs or require special design to ensure compliance with the above. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.100 Archaeological areas and historic sites.

A. Policies. The Coast Salish peoples utilized rivers, shores, and shoreline areas for settlement, travel, and fishing. European settlers also utilized the shoreline for initial settlements. As a result, the shoreline is known as a primary location for archaeological, cultural and historic sites. Such sites should be assessed by a qualified cultural resource specialist and, based on recommendations from the specialist and relevant Native American tribes and the State Department of Archaeology and Historic Preservation, should be avoided, preserved, studied, or otherwise mitigated as a condition of development.

B. Regulations.

1. Property owners shall notify local governments if any cultural resources are uncovered during excavations. In the event such resources are uncovered, construction shall cease until an appropriate cultural resource management plan has been prepared.

2. All developments shall comply with the National Historic Preservation Act of 1966 and other applicable state and local regulations. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.110 Water-dependent and water-related uses.

A. Policies. Preference should first be given to development activities in the following order: water-dependent, water-related, water-enjoyment, other activities which do not adversely affect the shoreline environment.

B. Regulations.

1. Proposals for shoreline development shall demonstrate that they are consistent with one of the above priority uses.

2. Non-water uses shall be prohibited unless all of the following criteria are met:

a. The use is part of a mixed-use project that includes a water-orientated use and provides a significant public benefit such as public access and ecological restoration; or

b. Navigability is severely limited at the proposed site and the use provides a significant public benefit such as public access and ecological restoration;

c. Non-water uses may be allowed if the site is physically separated from the shoreline by another property in separate ownership or public right-of-way;

d. Non-water-dependent uses shall not be allowed over water except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.120 Parking and circulation.

A. Policies. Parking areas shall be located so as to minimize impacts to the shoreline environment.

B. Regulations.

1. Parking areas shall be designed so as to minimize erosion and impacts caused from stormwater runoff.

2. Structures such as catch basins, oil separators, and bioswales shall be used whenever feasible.

3. Unpaved or permeable all-weather surfaces may be approved if it can be demonstrated that there will be no adverse impact to surface or ground water resources.

4. Standards for parking shall be consistent with the City’s zoning ordinance, design standards, and may be modified by the Administrator to ensure adequate parking capacity or function.

5. Parking areas shall be enclosed within a building or oriented away from the shoreline area wherever practical. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.130 Shoreline habitat and natural systems enhancement projects.

A. Policies. Shoreline habitat and natural systems enhancement or restoration projects should be encouraged.

B. Regulations.

1. Any shoreline habitat or natural systems enhancement project shall clearly demonstrate through best available science that the project will enhance or restore critical shoreline habitat or natural systems.

2. Shoreline modifications that would otherwise be restricted may be approved when enhancement or restoration of habitat or natural systems can be demonstrated. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.135 Forest practices.

A. Commercial harvest of timber undertaken on shorelines shall comply with the applicable policies and provisions of the Forests and Fish Report (U.S. Fish and Wildlife Service et al., 1999) and the Forest Practices Act, Chapter 76.09 RCW, as amended, and any regulations adopted pursuant thereto (Chapter 222 WAC), as administered by the Department of Natural Resources.

B. When timberland is to be converted to another use, such conversion shall be clearly indicated on the forest practices application. Failure to indicate the intent to convert the timberland to another use on the application will result in subsequent conversion proposals being reviewed pursuant to a conversion option harvest plan. Failure to declare the intent to convert on the application shall provide adequate grounds for denial of subsequent conversion proposals for a period of six years from the date of the forest practices application approval per RCW 76.09.060(3)(d), (3)(e) and (3)(f), 76.09.460, and 76.09.470.

C. With respect to timber situated within 200 feet landward of the OHWM within shorelines of statewide significance, Ecology or the City shall only allow selective commercial timber cutting, so that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. Exceptions to this standard shall be allowed by conditional use only.

D. For the purposes of this title, preparatory work associated with the conversion of land to nonforestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed nonforestry use, and the general provisions of this title, including vegetation conservation.

E. Forest practices only involving timber cutting are not considered to be “development” within the context of this title, and do not require shoreline development permits or shoreline exemptions, per WAC 173-26-241(3)(e). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.140 Critical areas.

A. Critical areas include wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, aquifer recharge areas and flood hazard areas. Critical areas within shoreline jurisdiction shall be regulated by the thorough adoption of applicable critical area regulations found in Chapter 16.08 FMC (Chapter 16.08 FMC, Ordinance No. 2198, dated February 12, 2022), with exception to the following sections:

1. Article I. Introduction; excluding FMC 16.08.010, Purpose and intent, and FMC 16.08.040, Relationship to other regulations.

2. Article II. General Provisions, excluding FMC 16.08.060, Critical area maps, FMC 16.08.070, Authorizations required, FMC 16.08.140, Fees, and FMC 16.08.150, Site inspections.

3. Stormwater management provisions of FMC 16.08.290 do not apply in shoreline jurisdiction.

4. Decreased wetland buffer width and buffer averaging, and buffer variation provisions of FMC 16.08.300(D) through (F) do not apply in shoreline jurisdiction.

5. Buffer variation provision of FMC 16.08.400(A)(3) does not apply in shoreline jurisdiction.

6. When alternative or innovative mitigation plans provisions of FMC 16.08.320 are used for a project proposal, a shoreline conditional use permit is required.

B. Variances from the requirements of the CAO shall follow the provisions of FMC 20.25.020.

C. Enforcement of the requirements of the CAO shall follow provisions of Chapter 20.65 FMC.

D. Mitigation required by the CAO shall follow the provisions of FMC 16.08.230 and 16.08.240.

E. When innovative mitigation plan provisions of FMC 16.08.320 are used for a project proposal, a shoreline conditional use permit is required. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.150 Public access.

A. In the review of all shoreline substantial development or conditional use permits, public access shall be considered. Provisions for adequate public access shall be incorporated into a shoreline development proposal for each shoreline substantial development or conditional use permit (including land division) unless the applicant demonstrates one or more of the following provisions apply:

1. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means.

2. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions.

3. The cost of providing the access, easement, or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development.

4. Unacceptable environmental harm will result from the public access which cannot be mitigated.

5. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated.

6. Public access shall generally not be required for the following except as determined on a case-by-case basis in conjunction with the provisions of this section:

a. Dredging;

b. Forest practices;

c. Landfill and excavation;

d. Mining;

e. Private docks;

f. Stream control works;

g. Low density residential development, unless specifically included in the City’s Parks, Recreation, and Trails Master Plan as a location for parks, recreational facilities, or trails.

7. The subject site is in an area or at a location where public access to the shoreline is not feasible or desirable, in the judgment of the Shoreline Administrator, consistent with this title and the Parks, Recreation, and Trails Master Plan.

8. Prior to determining if public access is not required pursuant to subsections (A)(1) through (A)(7) of this section, the City must determine that all reasonable alternatives have been exhausted; including, but not limited to:

a. Regulating access by such means as maintaining a gate and/or limiting hours of use;

b. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.);

c. Provisions for access at a site geographically separated from the proposal such as a street end, vista, tideland or trail system; and

d. Public access areas and/or facilities shall be of the kind, quality and scope so as to reasonably offset any specific adverse impacts to existing public access of the proposed shoreline use or development activity.

9. Alternate off-site improvements in public access to shorelines may be used upon agreement, as a means of offsetting identifiable on-site impacts.

10. Incentives for public access improvements such as density or bulk and dimensional bonuses, shall also be considered through applicable provisions of this title and other zoning and subdivision regulations.

11. Development uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public’s physical access to the water and shorelines.

12. Public access provided by shoreline street ends, public utilities and rights-of-way shall not be diminished (RCW 35.79.035 and 36.87.130).

13. Where reasonably feasible, public access sites shall (a) be connected directly to the nearest public street; and (b) include provisions for disabled persons.

14. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity.

15. Public access easements and permit conditions shall be recorded on the deed of title and on the face of a plat or short plat as early as practical in the process. Said recording with the County Auditor’s office shall occur at the time of building permit approval (RCW 58.17.110) or plat recordation, whichever comes first.

16. The minimum width of public access easements shall be 10 feet, unless the administrator determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary to relieve the hardship.

17. The standard state-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be constructed and installed by the applicant, and maintained by the applicant or the City, as determined by the City in conspicuous locations at public access sites. Signs may control or restrict public access as a condition of permit approval.

18. Future actions by the applicant successors in interest or other parties shall not be permitted to diminish the usefulness or value of the public access provided. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.160 Agricultural practices.

A. Policies. Agricultural practices shall ensure shoreline protection through means of adequate buffers, pollution prevention measures, and proper location of structures and activities.

B. Regulations.

1. A 25-foot-wide buffer zone of naturally occurring vegetation shall be maintained between all new cultivated and pasture areas and adjacent water bodies.

2. Livestock feeding operations must, through the use of retention tanks, holding ponds or other acceptable methods, prevent runoff containing manure, feed, wastage, or other possible water pollutants from entering the adjacent water body.

3. Pesticides, herbicides, and other chemical products which would contaminate the water are not to be used where they would leach into the water body.

4. No new agricultural practices are allowed within the shorelines of Ferndale. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.170 Aquacultural activities.

A. Policies. Aquacultural activities should be placed in locations compatible with the surrounding shoreline environment and which allow both visual and physical access to the shoreline.

B. Regulations.

1. Where practical, access to the shoreline shall be incorporated into the design of aquacultural facilities.

2. Structures associated with agricultural activity shall be visually compatible with the surrounding environment.

3. Overwater structures associated with aquacultural activity shall be designed to minimize interference with fish habitat. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.175 Boating facilities.

A. Policies. Boating facilities should be designed and constructed to have minimal adverse effects to the shoreline.

B. Regulations.

1. Boating facilities shall not obstruct public use of the waterway.

2. Boating facilities shall not degrade habitat.

3. Boating facilities shall not create hydrologic conditions that could lead to bank erosion. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.180 Commercial development.

A. Policies.

1. Except for water-dependent uses, no commercial development should occur waterward of the floodway line.

2. Commercial development should be designed and constructed so as to minimize the impact to the shoreline environment.

3. Commercial development should have an orientation towards the shoreline.

B. Regulations.

1. Preference shall be given first to water-dependent over non-water-dependent uses; then preference shall be given to water-related or water-enjoyment over non-water-orientated uses.

2. Non-water-orientated uses shall be prohibited unless the following criteria are met:

a. The use is part of a mixed-use project that includes a water-orientated use and provides a significant public benefit such as public access and ecological restoration; or

b. Navigability is severely limited at the proposed site and the use provides a significant public benefit such as public access and ecological restoration.

3. Non-water-orientated uses may be allowed if the site is physically separated from the shoreline by another property in separate ownership or public right-of-way.

4. Non-water-dependent uses shall not be allowed over water except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses.

5. Activities such as restaurants, which increase public enjoyment of the shoreline, should be given consideration for shoreline location. Where feasible, shoreline commercial developments will be encouraged to locate in areas where commercial developments already exist. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.185 Industrial development.

A. Policies.

1. Preference should first be given to development activities in the following order: water-dependent, water-related, water-enjoyment, other activities which do not adversely affect the shoreline environment.

2. Industrial development should be designed and constructed so as to minimize the impact to the shoreline environment and to ensure that there is no net loss of shoreline ecological function.

B. Regulations.

1. Where feasible, shoreline industrial developments will be encouraged to locate in areas where industrial developments already exist.

2. Industrial development shall not be allowed in shoreline areas with severe environmental limitations, such as critical areas.

3. Non-water-orientated uses shall be prohibited unless the following criteria are met:

a. The use is part of a mixed-use project that includes a water-orientated use and provides a significant public benefit such as public access and ecological restoration; or

b. Navigability is severely limited at the proposed site and the use provides a significant public benefit such as public access and ecological restoration.

4. Non-water-orientated uses may be allowed if the site is physically separated from the shoreline by another property in separate ownership or public right-of-way. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.190 Piers, docks and floats.

A. Policies. Piers, docks and floats should be restricted to those areas where they do not interfere with physical or visual shoreline access.

B. Regulations.

1. Where feasible, community or cooperative piers, docks or floats, rather than private, single-user facilities, shall be encouraged.

2. Such structures shall not obstruct navigable waters or reduce public use of the water surface.

3. No such structure shall be allowed where it is shown that a significant degradation to waterway or habitat could occur.

4. Piers, docks, and floats shall be limited to the minimum size necessary to meet the needs of the proposed use. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.195 In-stream structures.

A. Policies. Ensure that in-stream structures provide for the protection of ecological functions and give consideration to the full range of public interests.

B. Regulations.

1. In-stream structures shall be located as to prevent hazardous conditions.

2. In-stream structures shall be located as to minimize impacts to the natural environment.

3. Agencies having special expertise in the aquatic shoreline environment shall be notified of proposed in-stream structures to assure compliance with all applicable laws and regulations governing such. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.200 Recreational development.

A. Policies.

1. Encourage those recreational development activities that are compatible with the shoreline environment, and that benefit from shoreline location.

2. Provide adequate shoreline access and space for public viewing, walking, and general shoreline enjoyment for all citizens.

3. Planned recreational development within shoreline jurisdiction should be consistent with, and reflected by, the Parks, Recreation, and Trails Master Plan.

B. Regulations.

1. Recreational developments, public and private, shall be located, constructed and operated so as not to be a hazard to public health and safety.

2. Recreational developments shall not interfere with normal public use of the shorelines by all citizens.

3. Recreational developments shall not adversely impact the natural environment. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.210 Residential development.

A. Policies.

1. Higher intensity residential development is preferred in the residential and urban shoreline designations.

2. Use of environmentally sensitive designs should be encouraged.

3. Residential development should preserve and create public access and views to the shoreline where practical.

4. Residential development should have an orientation facing the shoreline, while maintaining the buffers and setbacks required by this title.

B. Regulations.

1. Applicants shall make provisions for regulated visual and physical public access to and along the shoreline within subdivisions.

2. No density bonuses shall be allowed within shoreline areas.

3. Open space shall be located along the water’s edge whenever feasible; where feasible, such open space shall provide public access to the shore.

4. Where feasible, planned unit developments shall be utilized rather than standard subdivisions to provide more areas of contiguous open space.

5. New overwater residences and floating homes are prohibited. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.220 Roads and railways.

A. Policies.

1. Major new construction of highways and railways should be located away from the shoreline area to the greatest extent possible.

2. Obstructions to physical and visual access should be minimized.

B. Regulations.

1. Roads in wetland areas shall be designed and maintained to prevent erosion and to permit a natural movement of ground water.

2. Highway and road designs shall make provisions in their rights-of-way for nonmotorized traffic and visual access to the waterfront.

3. All bridges and other water-crossing structures shall be designed not to impede floodwaters. Bridge approaches and side slopes shall be planted with a suitable ground cover.

4. Multiuse corridors shall be used whenever feasible. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.230 Signs.

A. Regulations.

1. Billboards are prohibited in the shoreline area.

2. In order to protect open space and views, freestanding pole signs are prohibited within shoreline jurisdiction; provided, that if a road or path used by the public separates the proposed location of such a sign from the OHWM, then freestanding signs are permitted between the road or path and said location. Multi-tenant development shall be required to develop a comprehensive sign program. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.235 Mining.

A. Policies. Mining activities should be operated so as to cause no significant impacts to the shoreline environment.

B. Regulations.

1. Ground water must be protected from contamination.

2. The runoff of silt and other waste from the operation into the adjacent water body is prohibited.

3. The operation shall not destroy fish habitat.

4. Plans for restoration of the site must be provided prior to issuance of a shoreline permit. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.240 Utilities and solid waste.

A. Policies. Utilities and solid waste facilities should be located so as to minimize environmental and visual impacts.

B. Regulations.

1. Multiple-use corridors shall be used as much as possible when locating utilities.

2. After installation/maintenance projects on shorelines, disturbed areas shall be replanted with native vegetation.

3. Where practical, utilities shall be placed underground so as to not degrade the aesthetic qualities of the shoreline.

4. Solid waste facilities are prohibited within the City’s shoreline jurisdiction except for local recycling and solid waste collection containers. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.250 General shoreline modifications applicability.

A. Shoreline modifications should be clearly distinguished from shoreline land uses, in that they are not usually shoreline land uses themselves, but rather projects that are undertaken in support of or preparation for a land use authorized under this title. For example, shoreline modifications may include projects to grade or fill portions of the shoreline, bank restoration, erosion control, replanting the riparian habitat area, removal of invasive species, and more.

B. Unless clearly and convincingly demonstrated to the contrary by the proponent, a substantial development permit or shoreline conditional use permit must be approved for the primary land use before any shoreline modification activities can take place.

1. The application should also describe the scope of any proposed shoreline modification in order for the City and any other reviewing agencies, and the general public, to fully understand the extent and methods to be used during the shoreline modification.

C. In the infrequent event that a shoreline modification is proposed to be independent of a primary shoreline use activity, such shoreline modification shall require a shoreline conditional use permit. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.260 General shoreline modifications principles.

A. When considering proposals that include shoreline modifications, the City shall seek to make decisions based upon the following principles:

1. Allow structural shoreline modifications only where they are demonstrated to be necessary to support or protect an allowed principal structure or an existing shoreline use that is in danger of loss or substantial damage.

2. Reduce the adverse effects of shoreline modifications and, as much as possible, limit shoreline modifications in number and extent.

3. Allow only shoreline modifications that are appropriate to the specific type of shoreline and environmental conditions for which they are proposed.

4. Give preference to those types of shoreline modifications that have a lesser impact on ecological functions, or shoreline modifications that are intended to repair or enhance the natural shoreline. For example, in normal circumstances, preference should be given to pile-supported piers, which allow normal water flow, rather than to piers constructed with fill, which alter the normal flow of water. Restoration of the riparian buffer, planting or protection of native species, erosion control, and habitat protection are other examples of prioritized shoreline modifications.

5. Shoreline modification principles shall be based on scientific and technical information and a comprehensive analysis of reach conditions for riverine systems.

6. Enhance ecological functions while accommodating existing legally permitted uses. As shoreline modifications occur, incorporate all feasible measures to protect and restore ecological functions and ecosystem-wide processes. Apply conditions to development authorizations so that structural shoreline modifications for non-water-dependent uses on degraded sites contribute to the restoration of ecological functions.

7. Avoid and reduce significant ecological impacts according to the mitigation sequence, as defined in Chapter 16.08 FMC and this chapter (mitigation), and more fully described in FMC 20.55.320, Adverse impacts and mitigation.

8. Shoreline habitat and natural systems enhancement projects should be encouraged and be reviewed for their long-term benefit. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.270 Shoreline stabilization.

A. A range of shoreline stabilization techniques ranging from soft to hard include, but are not limited to: erosion control, planting or protection of native vegetation, vegetation enhancement, restoration of the riparian buffer, upland drainage control, biotechnical measures, beach enhancement, anchor trees, gravel placement, rock revetments, concrete groins, retaining walls and bulkheads.

B. Policies.

1. Protect, retain, and restore vegetation needed to sustain the ecological functions and ecosystem-wide process of the shoreline.

2. Avoid or mitigate adverse impacts to ecological functions where shoreline alterations are necessary to protect an allowed principal structure from active shoreline erosion.

3. Protect and enhance the levee system on the west bank of the Nooksack River, including modifications to the levee system intended to moderate flooding impacts within downtown Ferndale and developed areas.

C. Regulations.

1. New structural stabilization measures shall not be allowed except to protect or support an existing or approved use or an existing or approved development or for the restoration of ecological functions or for hazardous substance remediation.

2. New structural stabilization measures shall not adversely impact the natural or human shoreline environment, including property values.

3. New development shall be located and designed to avoid the need for future shoreline stabilization.

4. New non-water-dependent development, including single-family residences, that require stabilization of the shoreline to support the proposed development shall be prohibited.

5. The subdivision of land into parcels, or the creation of new lots, that will require shoreline stabilization for development to occur shall be prohibited.

6. New development on steep slopes or bluffs shall be set back sufficiently to ensure that hard shoreline stabilization measures will not be needed during the life of the structure, as demonstrated by a geotechnical analysis.

7. New or enlarged structural shoreline stabilization measures for an existing principal structure or use, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion.

8. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion caused by currents, tidal action, or waves.

9. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992. No such features are known to exist within the City of Ferndale, but proponents or property owners may provide evidence of such existence when necessary.

10. Soft shoreline stabilization that restores ecological functions may be permitted waterward of the ordinary high water mark.

11. Where structural shoreline stabilization measures are necessary, such stabilization measures shall be limited to the minimum necessary to achieve the required result, and shall utilize measures designed to minimize harm to ecological functions.

12. New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas is prohibited.

13. Public access is required as part of publicly financed shoreline erosion control measures, unless deemed to be impractical at the proposed location by the Shoreline Administrator.

14. Impacts to sediment transport shall be avoided or minimized. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.280 Grading.

A. Policies.

1. Grading should be planned so that water quality, normal hydrologic functions, fish and wildlife habitat, and other environmentally sensitive areas are protected.

2. Grading should be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate uses including lawful access and enjoyment of scenery.

B. Regulations.

1. Disturbed areas shall be immediately revegetated with native plant species where applicable.

2. As an alternative to irreversible fills in the shore process corridor, open pile or pier supports are preferred whenever the shore area to be filled is of significant value to the region in a natural state.

3. Retaining walls or revetments near the shoreline which do not qualify as shore defense or stream control works should be kept to a minimum and constructed of flexible natural materials.

4. Shore Protection.

a. Shoreside perimeters of grading sites should be sloped and protected to minimize upland erosion.

b. Vegetative stabilization, protective berms, or other flexible methods to protect natural character are preferred over rigid, artificial character works.

c. Material for proposed fills should be selected and placed so as to prevent water quality problems and degradation of other shore resources including scenic values.

d. Erosion control and stormwater best management practices shall be utilized in grading activities.

e. Landfill shall not be permitted for development of sewage disposal drain fields in floodways or within 100 feet of the OHWM, whichever is farther landward.

f. Necessary retaining walls or revetments which are at least 10 feet landward of the OHWM and not more than two feet in height are permitted by exemption or permit as appropriate, if otherwise consistent with this title. Higher walls or revetments are subject to permit requirements and to all other policies and regulations in this title. Walls or revetment closer than 10 feet to the OHWM shall be considered bulkheads, as defined in Chapter 20.10 FMC.

5. Fill waterward of the OHWM is allowed only by shoreline conditional use permit, for:

a. Water-dependent use;

b. Public access;

c. Cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;

d. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline (if alternatives to fill are shown not feasible);

e. Mitigation action, environmental restoration, beach nourishment or enhancement project. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.290 Dredging and dredge material disposal.

A. Policies. Dredging and dredge material disposal should be completed in a manner which avoids or minimizes significant ecological impacts.

B. Regulations.

1. Dredging, except for navigational and flood control purposes or restoration of ecological functions, is prohibited.

2. Dredging shall be scheduled so as not to interfere with migratory movements of anadromous fish.

3. Polluted spoils shall be deposited at approved upland sites and measures taken to contain runoff from the site.

4. Deposition of dredge material waterward of the OHWM shall only be allowed where it benefits the shoreline ecology.

5. New development siting and design shall avoid the need for new and maintenance dredging. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.300 Vegetation conservation.

A. Policies.

1. The stability of river banks shall be maintained or increased for the purpose of protecting animal species and their habitats within the riparian buffer zone and similar areas. Within the jurisdiction of this plan, vegetation clearing should be limited to the minimum necessary to accommodate approved shoreline development.

2. To provide for vegetation conservation along the shoreline that would assure no net loss of ecological function. Removal of noxious weeds, invasive species and nonnative vegetation should be allowed to facilitate the establishment of a stable community of native plants. Clearing, thinning, and/or limbing for limited view corridors should be allowed where it does not compromise ecological function.

B. Regulations.

1. Shoreline developments shall comply with the vegetation conservation policies contained in the City’s critical areas ordinance.

2. Vegetation clearing should be limited to the minimum necessary to accommodate approved shoreline development.

3. Removal of noxious weeds and/or invasive nonnative species shall be conducted in an environmentally sensitive manner to facilitate the establishment of a stable community of native plants.

a. Requests to remove noxious weeds shall be made in writing to the Shoreline Administrator and shall generally describe the method(s) that will be utilized for their removal, including the location and timing of the removal, and (if applicable) revegetation and slope stabilization provisions. The Shoreline Administrator may approve such requests in writing, and may consider permanent general approvals for public agencies. The City of Ferndale, Washington State, Whatcom County, and Army Corps of Engineers have been pre-authorized to undertake noxious weed removal activities without prior permission from the Shoreline Administrator. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.310 Flood hazard reduction.

A. Policies.

1. Where feasible, give preference to nonstructural flood hazard reduction measures over structural measures. Structural flood control works should be allowed in the shoreline when it can be demonstrated by engineering evaluations that they are necessary to protect proposed and existing development, and that nonstructural flood hazard reduction measures are infeasible or cost prohibitive.

2. Ensure that flood hazard protection measures do not result in a net loss of ecological functions associated with rivers and streams. In Ferndale, where the primary ecological function of the Nooksack River is flood attenuation and fish habitat, flood hazard reduction measures (structural and nonstructural) should be allowed if flood modeling reflects “no net rise” and the control measures will not cause significant damage to other properties or fish habitat.

3. Flood control works should be designed whenever possible to incorporate native vegetation. Such features may include vegetated berms, vegetative stabilization including brush matting and buffer strips, and retention of existing vegetation. Flood control works that serve to remove existing vegetation should include steps to replace the vegetation with native species.

4. Design of flood control works should provide access to public shorelines whenever practical, unless it is demonstrated that public access would cause public health and safety hazards, security problems, significant ecological impacts, conflicts with proposed uses, or unreasonable cost.

B. Regulations.

1. Flood control works shall be permitted when it is demonstrated that they are necessary to protect existing and proposed development and when nonstructural flood hazard reduction measures are infeasible or cost prohibitive.

2. Flood control works shall be located and operated so that no net loss of ecological function is demonstrated.

3. Dikes and levees, including levee repair and expansion (if not already exempt from permit requirements) will be allowed within the floodway through a conditional use permit when substantial need to the community is demonstrated.

4. Cut-and-fill slopes shall be stabilized with brush matting, buffer strips, and/or other temporary and permanent erosion control methods such as silt fences so that there is no net loss of shoreline ecological function.

5. Natural features such as snags, uprooted trees, or stumps may be removed by qualified agencies or professionals acting on behalf of such agencies if they are causing bank erosion or higher flood stages. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.55.320 Adverse impacts and mitigation.

A. The applicant shall demonstrate all reasonable efforts have been taken to avoid, and where unavoidable, to minimize and mitigate impacts such that no net loss of critical area and shoreline ecological function is achieved. Mitigation shall occur in the following order of priority:

1. Avoiding the impact altogether by not taking a certain action or parts of an action. This may necessitate a redesign of the proposal.

2. Minimizing unavoidable impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts. The applicant shall seek to minimize fragmentation of the resource to the greatest extent possible.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing or eliminating the impact over time by preservation and maintenance operations.

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. The compensatory mitigation shall be designed to achieve the affected functions as soon as practicable.

6. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

B. Voluntary restoration efforts may go above the required compensatory mitigation to address unavoidable adverse impacts.

C. In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit.

D. The effect of proposed in-stream structures on bank margin habitat, channel migration, and floodplain processes should be evaluated during the permit review. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)