Chapter 16.55
SHORELINE MODIFICATIONS

Sections:

16.55.010    General shoreline modifications.

16.55.020    Interpretation of shoreline modifications table.

16.55.030    Shoreline modifications table and conditions.

16.55.040    Shoreline stabilization.

16.55.050    Water access structures.

16.55.060    Grading, dredging, dredge material disposal and filling.

16.55.010 General shoreline modifications.

The shoreline modifications chapter shall not be used to authorize a shoreline modification that is not allowed by the underlying zoning, but may add additional restrictions or conditions or prohibit specific modifications within the shoreline jurisdiction. All shoreline modifications in the shoreline jurisdiction must comply with all relevant City code provisions and with the Kenmore Shoreline Master Program. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.55.020 Interpretation of shoreline modifications table.

The shoreline modifications table in KMC 16.55.030 determines whether a specific shoreline modification is allowed within each of the shoreline environments. The shoreline environment is located on the vertical column and the specific modification is located on the horizontal row of the table. The specific modifications generally are grouped by the shoreline modification categories in WAC 173-26-231. The table should be interpreted as follows:

A. If the letter “P” appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment only if the underlying zoning allows the modification.

B. If the letter “C” appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in Chapter 16.75 KMC, and only if the underlying zoning allows the modification.

C. If the letter “U” appears in the box at the intersection of the column and the row, the modification is subject to the same review process and standards as in the immediately adjacent upland shoreline environment designation.

D. If a number appears in the box at the intersection of the column and the row, the modification may be allowed subject to the appropriate review process indicated in this section, the specific development conditions indicated with the corresponding number immediately following the table, and only if the underlying zoning allows the modification. If more than one number appears at the intersection of the column and row, both numbers apply.

E. If the letter “X” appears in the box at the intersection of the column and the row, the modification is prohibited in that shoreline environment.

F. If “NA” appears in the box at the intersection of the column and the row, the modification is not applicable in that shoreline environment.

G. For purposes of interpreting the modifications table, “upland” means that the use or activity is landward of the shoreline water body’s ordinary high-water mark. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.55.030 Shoreline modifications table and conditions.

A. Shoreline Modifications Table.

Shoreline Modifications Table 

KEY P – Permitted Modification C – Shoreline Conditional Use Required X – Prohibited Modification U – Same modification allowances as in adjacent upland environment NA – Not applicable Shoreline modifications are allowed only if the underlying zoning allows the modification	DOWNTOWNWATERFRONT	SWAMP CREEK COMMERCIAL	SHORELINE RESIDENTIAL	URBAN CONSERVANCY	NATURAL	AQUATIC
Shoreline stabilization. See also KMC 16.55.040.
Shoreline stabilization, not including flood protection facilities	P1	P1	P1	C1	C1	C1
Repair or maintenance of shoreline stabilization facilities	P2	P2	P2	P2	P2	P2
Flood protection facilities	P3	P3	P3	P3	C3	P3
Water access structures4. See also KMC 16.55.050.
Boat launch – Soft-surface	P	X	X	C	X	U
Boat launch – Residential (including community), hard-surface	C	X	X	X	X	U
Boat launch – Public or commercial, hard-surface	P	X	X	P	X	U
Dock or pier – Residential (including community)	P	X	P	C	X	U
Dock or pier – Public	P	X	P	P	C	U
Dock or pier – Commercial	P	X	X	X	X	U
Floatplane lifts	C9	X	C	C	X	U
Watercraft lifts (including jet ski lifts)	P	X	P	X	X	U
Other floats and moorage buoys	P	X	P	P	P8	U
Repair or replacement of existing water access structures	P	P	P	P	P	P
Fill. See also KMC 16.55.060.
Upland outside of floodplain	P	P	P	P	C	NA
Upland inside of floodplain	P	C	C	C	C	NA
Waterward of the ordinary high-water mark, restoration	NA	P	P	P	P	P
Waterward of the ordinary high-water mark, non-restoration	NA	C	C	C	C	C
Breakwaters, jetties, groins, and weirs
Breakwaters, jetties, groins and weirs	C5	C5	C5	C5	C5	C5
Grading and dredging. See also KMC 16.55.060.
Dredging	NA	P	P	P	P	P
Grading	P	P	P	P7	C	NA
Disposal waterward of the ordinary high-water mark	NA	X	X	X	X	P
Upland disposal outside of floodplain or channel migration zone	P	P	P	P	C	NA
Upland disposal inside of floodplain or channel migration zone	C	C	C	C	C	NA
Shoreline habitat and natural systems enhancement projects
Habitat and natural systems enhancement projects	P6	P6	P6	P6	P6	P6

B. Development Conditions (Footnotes for the Shoreline Modifications Table in Subsection A of This Section).

1. Shoreline stabilization, including bulkheads, shall be permitted only when it has been demonstrated that stabilization is necessary to protect existing legally established primary structures, public improvements, proposed or existing water-dependent development, or projects for the restoration of ecological functions or hazardous substance remediation, and must meet the standards in KMC 16.55.040. In the Aquatic Environment, stabilization requires conditional use approval, unless located adjacent to a Downtown Waterfront or Shoreline Residential Environment.

2. 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 or waves. Normal maintenance and repair is allowed; provided, that all work is conducted in a manner that does not cause a net loss of ecological functions.

3. Flood protection facilities must be consistent with the standards in Chapter 18.55 KMC and the Integrated Stream Protection Guidelines (Washington Departments of Fish and Wildlife, Ecology, and Transportation, 2003).

4. Water access structures shall meet the standards in KMC 16.55.050 and are allowed only for:

a. Water-dependent uses;

b. Public access;

c. Single detached residential units;

d. Joint use facilities for multiple-family dwelling unit developments; or

e. Water-related or water-enjoyment uses only as part of a mixed use development and only if auxiliary to and in support of a water-dependent use.

Water access structures are not allowed in Swamp Creek.

5. Breakwaters, jetties, groins and weirs are only allowed where necessary to support water-dependent uses, public access, approved shoreline stabilization, or other public uses, as determined by the city manager. Groins are only allowed as part of a restoration project sponsored or cosponsored by a public agency that has natural resource management as a primary function.

6. Shoreline habitat and natural systems enhancement projects may include shoreline modifications of vegetation, removal of nonnative or invasive plants, and shoreline stabilization, including the installation of large woody debris, dredging and filling, provided the primary purpose is clearly restoration of the natural character and ecological functions of the shoreline. Mitigation actions identified through biological assessments required by the NOAA Fisheries Service and applied to flood hazard mitigation projects may include shoreline modifications of vegetation, removal of nonnative or invasive plants, and shoreline stabilization, including the installation of large woody debris, dredging and filling.

7. Grading in the Urban Conservancy Environment is only permitted to support public access, restoration, or water-oriented uses. Otherwise, a conditional use permit shall be required.

8. Floats and moorage buoys are only permitted waterward of the Natural Environment designation in Lake Washington.

9. Except floatplane lifts associated with a regional land use such as Kenmore Air Harbor which are permitted outright. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.55.040 Shoreline stabilization.

Shoreline stabilization may be permitted subject to the standards in this chapter, provided:

A. The applicant has demonstrated the following in order to construct new shoreline stabilization, including additions to, or increases in size of, existing shoreline stabilization measures:

1. A geotechnical analysis demonstrates that erosion from waves or currents is imminently threatening a primary structure, including residences;

2. The erosion rate exceeds that which would normally occur in a natural condition;

3. The erosion is not caused by upland conditions, such as the loss of vegetation and drainage, on the project site;

4. The proposed shoreline stabilization is the least hardened solution that is feasible to protect the structures or improvements, including consideration of nonstructural alternatives such as slope drainage systems, vegetative growth stabilization, and gravel berms;

5. The proposal is the minimum necessary to protect existing legally established primary structures, new non-water-dependent development, existing water-dependent development or projects for the restoration of ecological functions or hazardous substance remediation;

6. The proposed shoreline stabilization does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions; and

7. Adequate mitigation measures that maintain existing shoreline processes and critical fish and wildlife habitat will be provided that ensure no net loss or function of riparian habitat.

B. Shoreline stabilization to replace existing shoreline stabilization shall be placed landward of any existing shoreline stabilization, except that it may be placed waterward directly abutting the old structure only in cases where the existing bulkhead is protecting a residence that was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns.

C. Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. As a general matter, hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures.

D. Shoreline stabilization shall minimize the adverse impact on the property of others to the maximum extent practical.

E. Shoreline stabilization shall not be used to create new lands. However, soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark.

F. Shoreline stabilization shall not interfere with surface or subsurface drainage into the water body.

G. Automobile bodies, tires or other junk or waste material which may release hazardous substances shall not be used for shoreline stabilization.

H. Shoreline stabilization shall be designed so as not to constitute a hazard to navigation and shall not substantially interfere with visual access to the water.

I. Shoreline stabilization shall be designed so as not to create a need for shoreline stabilization elsewhere.

J. Shoreline stabilization shall comply with the Integrated Stream Protection Guidelines (Washington Departments of Fish and Wildlife, Ecology, and Transportation, 2003) and shall be designed to allow for appropriate public access to the shoreline. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.55.050 Water access structures.

A. All water access structures, including docks, piers, moorage buoys, floats or launching facilities authorized by this chapter shall comply with the following general standards:

1. Any water access structure authorized by this chapter shall not interfere with navigation.

2. Existing habitat features (e.g., large and small woody debris, spawning gravel, etc.) shall be retained to the maximum extent practicable and new or expanded water access structures placed to avoid disturbance of such features. Mitigation is required where habitat features cannot be avoided or when habitat features are removed to address navigation or access requirements.

3. Invasive aquatic weeds may be removed by mechanical or manual methods, or controlled with herbicides; provided, that the chemicals are applied by a licensed applicator and approved for aquatic use.

4. In order to mitigate the impacts of new or expanded water access structures, the applicant shall develop a mitigation plan that contains one or more of the following measures as necessary to demonstrate no net loss of ecological functions:

a. Removal of any additional existing overwater and/or in-water structures that are not the subject of the application or are not otherwise required to be removed.

b. Planting of native vegetation along the shoreline immediately landward of the ordinary high-water mark consisting of trees and/or shrubs native to Puget Sound lowlands.

c. Removal or ecological improvement of hardened shoreline, including existing launch ramps or hard structural shoreline stabilization. Improvements may consist of softening the face and toe of the stabilization with soil, gravel and/or cobbles and incorporating vegetation or large woody debris.

d. Removal of manmade debris or other material waterward of the ordinary high-water mark that is detrimental to ecological functions and ecosystem-wide processes.

e. Participation in an approved mitigation banking or in-lieu-fee program.

5. No water access structure waterward of the ordinary high-water mark, including structures attached thereto, shall be closer than 12 feet to any adjacent property line except when there is a mutual agreement of adjoining property owners. Excepted from the requirements of this section are boat lifts or portions of boat lifts that do not exceed 30 inches in height measured from the ordinary high-water mark.

6. No covered water access structure is permitted waterward of the ordinary high-water mark, except as provided below:

a. Submerged, freestanding mechanical boat lifts associated with single detached residential docks or piers and recreational watercraft may be covered with a canopy, provided:

(1) No canopy shall be more than 25 feet in length or wider than 15 feet;

(2) No portion of the canopy shall exceed a height of 12 feet above the ordinary high-water mark;

(3) The canopy shall at no time have any side partly or wholly enclosed;

(4) The highest portion of the canopy shall be located below the lowest grade point on the waterward side of the existing homes on surrounding properties;

(5) Canopies shall be made out of nontoxic materials that allow light transmission;

(6) The total overwater coverage of the piers, floats, ramps, ells, and canopy for a single-family residence with a single-use moorage shall not exceed 600 square feet; and

(7) Only one boat lift canopy per single detached residence shall be allowed.

b. Covered moorage may be provided for commercial boat repair facilities. Applicants shall submit information demonstrating that the covered area is the minimum necessary to serve the proposed use.

7. Proposals to repair or replace existing legally established water access structures in the existing configuration and footprint are allowed, provided the following requirements are met, as applicable:

a. Materials used for pier and dock repairs shall meet the requirements established in subsection B of this section;

b. Any decking that is replaced shall be grated with material that has at least 40 percent open space to allow for light transmission, except on sections of floats where the decking overlays a float tub;

c. Any piles that are replaced shall be the minimum diameter and at the maximum spacing feasible to support the pier or dock configuration; and

d. Pier projects which replace 75 percent or more of the pier support piles shall be reviewed as new piers which must comply with all standards in this chapter.

8. No dwelling unit may be constructed on a dock or pier.

B. Any pier, dock, watercraft lift, or mooring buoy authorized by this chapter shall be subject to the following requirements:

Element	Overwater Structure Dimensional and Design Standards
	Lake Washington	Sammamish River
General	•     No skirting is allowed on any structure. •     When steel piles are installed, approved sound attenuation measures must be used. •     Only one dock or pier may be permitted for each parcel developed with a single detached residential unit and only if the applicant demonstrates there is no other feasible option for shared-use facilities. •     Only joint-use docks or piers are allowed on lots with less than 50 feet of waterfront except when lots abutting both sides of the subject lot already have a dock or pier. •     Only joint-use boat lifts, docks, piers, moorage buoys, floats or launching facilities may be permitted for multiple-family dwelling unit development proposals. •     Docks or piers serving boating facilities must also meet the standards in KMC 16.50.050. •     All float tubs shall be fully encapsulated.
Maximum Area: surface coverage of overwater structures, including any ramps and floats	•     Docks or piers shall not exceed the minimum size necessary to serve the use for which they are designed •     480 sq. ft. for single residential unit •     700 sq. ft. for joint-use facility used by 2 residential units •     1,000 sq. ft. for joint-use facility used by 3 or more residential units	•     Docks or piers shall not exceed the minimum size necessary to serve the use for which they are designed •     120 sq. ft. for single residential unit •     240 sq. ft. for joint-use facility used by 2 residential units •     360 sq. ft. for joint-use facility used by 3 residential units •     480 sq. ft. for joint-use facility used by 4 residential units
Maximum Width	Residential •     4 ft. for pier or dock •     4 ft. for ramp •     6 ft. for ell and float Public or Commercial •     4 ft. for main walkway. If project-specific justification of need is provided, the width may be increased to 6 ft. without a variance. •     5 ft. for perpendicular fingers or ells •     5 ft. for ramp, including railings (travel width is effectively 4 ft.) •     8 ft. for ell and float	Residential •     4 ft. for ramp •     6 ft. for float Public or Commercial •     5 ft. for ramp •     6 ft. for float
Maximum Length	•     26 ft. for ells •     20 ft. for floats •     In no case may any moorage facility extend more than 150 feet waterward of the ordinary high-water mark.	•     20 ft. per float per residential unit, and laid end-to-end. The maximum length is thus 20 ft., 40 ft., 60 ft., and 80 ft. for facilities serving one, two, three and four residential units, respectively. Floats may be perpendicular to shore only within existing embayments off of the main river channel. •     Public or commercial docks should be no longer than 80 feet unless project-specific justification of need is provided. •     Ramps shall be the minimum length necessary to provide safe access to the float and to position the float so that the float and a moored boat would not ground on the substrate or disturb the substrate by boat propeller action.
Decking and Material Standards	•     Ramps and piers, including ells and perpendicular fingers, shall be fully grated. •     Floats shall be fully grated on all deck surfaces not underlain by float tubs, with a maximum area of float tub of 70 percent of the total float area. The number and area of float tubs shall be minimized to the amount necessary based on design and engineering considerations.	•     Floats shall be fully grated on all deck surfaces not underlain by float tubs, with a maximum area of float tub of 70 percent of the total float area. The number and area of float tubs shall be minimized to the amount necessary based on design and engineering considerations. •     Ramps shall be fully grated.
	•     The grating must be either multidirectional grating with a minimum of 40 percent open space or rectangular grating with a minimum of 60 percent open space. Provide documentation to show percent of open area.
Location	•     The only structures permitted in the first 30 feet waterward of the ordinary high- water mark are piers and ramps. •     All floats and ells must be at least 30 feet waterward of the ordinary high-water mark.	•     Floats shall be located no less than five feet and no more than 10 feet from the ordinary high-water mark measured from the landward edge of the float. To avoid interfering with river navigation and public use of the water, private moorage facilities may extend no farther waterward than one-third the width of the river in the location of the proposed structure. •     The city manager may allow floats to be positioned up to an additional 10 feet waterward from the ordinary high-water mark as needed to reach a sufficient boat moorage depth (greater than three feet). •     Floats shall be located as far as feasible from the mouth of any named or numbered tributary entering the Sammamish River to reduce potential conflict with migrating salmon.
Piles	•     The first (nearest shore) piling shall be steel, four-inch-diameter or the smallest diameter necessary to serve the specific structure as demonstrated by an engineer, and at least 18 feet waterward of the ordinary high-water mark. •     Piling sets beyond the first are not required to be steel, shall be spaced at least 18 feet apart and shall not be greater than 12 inches in diameter unless required per project-specific engineering analysis.	•     No more than two anchor piles shall be allowed per private moorage facility (joint-use, public or commercial facilities may have two piles per 20 feet of float length, but the number of piling for such facilities shall be the minimum number given site-specific engineering and design considerations). •     Anchor piles shall be the minimum size feasible given site-specific engineering and design considerations and shall not exceed 12 inches in diameter unless a larger size allows for a reduced number of piles.
Materials	•     Any paint, stain or preservative applied to components of the overwater structure must be leach-resistant, completely dried or cured prior to installation. •     Materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds as outlined in the latest edition of the Western Wood Preservers Institute Best Management Practices for the Use of Treated Wood in Aquatic and Sensitive Areas. •     If ACZA-treated pilings are proposed, the applicant will meet all of the best management practices, including a post-treatment procedure, as outlined in the amended best management practices of the Western Wood Preservers Institute.
Floatplane Lifts	•     The deck of the lift shall be fully grated and shall be the minimum size necessary. The following two standards do not apply to a regional land use such as Kenmore Air Harbor, but do apply to lifts associated with all other uses: •     One platform lift serving a floatplane is allowed per lot. •     Floatplanes may not be stored in the shoreline buffer.	•     Prohibited
Watercraft Lifts	•     One freestanding or floating boat lift with a canopy is allowed per detached dwelling unit. •     Additional watercraft lifts, without a canopy, at a single residential use waterfront structure are allowed, not to exceed three and only two can be ground-based; all other lift(s) must be floating or suspended lift(s).	•     One freestanding or floating boat lift with a canopy is allowed per detached dwelling unit OR Two Jet Ski lifts or one fully grated platform lift is allowed, per detached dwelling unit •     Boat lifts shall be located on the waterward, upstream or downstream sides of the dock, not on the landward side of the dock.
Mooring Buoys	•     No more than one mooring buoy is permitted per detached dwelling unit, in lieu of a dock or pier. •     Mooring buoys shall not interfere with navigation. •     The use of buoys for moorage of recreational and commercial vessels is preferred over pilings or float structures. •     Buoys shall be located and managed in a manner that minimizes impacts to aquatic habitat. •     No more than four buoys per acre of surface water are allowed. •     Use of helical anchors with a midline float to prevent dragging on the river or lake bottom is the preferred method to secure buoys.

C. Any boat launch authorized by this chapter shall be subject to the following requirements:

1. Location Standards.

a. Boat launches shall be sited so that they do not significantly damage fish and wildlife habitats and shall not occur in areas with native emergent vegetation. Removal of native upland vegetation shall be minimized to the greatest extent feasible.

b. Boat launches shall not be approved in cases when it can be reasonably foreseen that the development or use would require maintenance dredging during the life of the development or use.

c. Boat launches anticipated to be used by motorized boats shall be separated from existing designated swimming areas and other water access structures on adjacent properties by a minimum of 25 feet.

d. Public and commercial boat launches shall be located only at sites with suitable transportation access. The applicant must demonstrate that the streets serving the boat launch can safely handle traffic generated by such a facility, and that parking for vehicles and attached trailers is sufficient.

e. Public and commercial boat launches shall be located farther than 50 feet from the outlet of a stream, including piped streams, when feasible.

2. Size. The applicant shall demonstrate that the proposed size of the boat launch is the minimum width and length below the ordinary high-water mark necessary to safely launch the intended craft.

3. Design Standards.

a. Soft-surface boat launches shall be constructed of gravel, vegetation-stabilized earth, or other similar natural material. When only vegetation, and not the ground surface or lake and river substrates, is modified to allow for hand-launch of nonmotorized watercraft, that modification is not considered a boat launch subject to these regulations.

b. Hard-surface boat launch designs, in order of preference, are:

(1) Open grid with minimum coverage of substrate.

(2) Seasonal ramps that can be removed and stored upland.

(3) Structures with segmented pads and flexible connections that leave space for natural substrate and can adapt to changes in shoreline profile.

4. Public or commercial boat launches shall provide trailer spaces, at least 10 feet by 40 feet, commensurate with projected demand. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.55.060 Grading, dredging, dredge material disposal and filling.

Grading, dredging, dredge material disposal and filling must be consistent with Chapter 18.55 KMC, Article XIX, Flood Hazard Areas, and may be permitted in shorelines only as follows:

A. Fill may be permitted below the ordinary high-water mark only:

1. When necessary to support a water-dependent use;

2. To provide for public access;

3. When necessary to mitigate conditions that endanger public safety, including flood risk reduction projects;

4. To allow for cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;

5. To allow for the disposal of dredged material considered suitable under, and conducted in accordance with, the dredged material management program of the Washington Department of Natural Resources;

6. For expansion or alteration of transportation or utility facilities currently located on the shoreline and then only upon demonstration that alternatives to fill are not feasible; or

7. As part of mitigation actions, environmental restoration projects and habitat enhancement projects.

B. Grading, dredging, and filling shall be located, designed, and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration, and mitigation shall employ the mitigation sequence in KMC 18.55.210.

C. Dredging and dredged material disposal below the ordinary high-water mark shall be permitted only:

1. When necessary for the operation of a water-dependent use;

2. When necessary to mitigate conditions that endanger public safety or fisheries resources;

3. For establishing, maintaining, expanding, relocating or reconfiguring navigation channels and basins when necessary to ensure safe and efficient accommodation of existing navigation uses when:

a. Significant ecological impacts are minimized;

b. Mitigation is provided, employing the mitigation sequence in KMC 18.55.210; and

c. Dredging is maintained to the existing authorized location, depth and width;

4. For restoration projects associated with implementation of the Model Toxics Control Act or the Comprehensive Environmental Response, Compensation, and Liability Act; or any enhancement or restoration project; or

5. For flood risk reduction projects conducted in accordance with Chapter 18.55 KMC, Article XIX, Flood Hazard Areas.

D. Dredging is not allowed waterward of the ordinary high-water mark for the primary purpose of obtaining fill material.

E. Disposal of dredged material shall be done only in approved upland disposal sites and is not allowed within critical areas or their buffers.

F. Stockpiling of dredged material in or under water is prohibited.

G. In order to ensure that operations involving dredged material disposal and maintenance dredging are consistent with the Shoreline Master Program as required by RCW 90.58.140(1), no dredging may commence in any shoreline environment without the responsible person having first obtained either a substantial development permit or a statement of exemption. A statement of exemption or shoreline permit is not required prior to emergency dredging needed to protect property from imminent damage by the elements if a statement of exemption or substantial development permit is subsequently obtained following the procedures in Chapter 16.75 KMC.

H. The removal of gravel for flood management is allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]