Chapter 17B.04
STATEMENT OF PURPOSE
Sections:
17B.04.020 Adoption authority.
17B.04.010 Purpose.
A. The city finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. Ever increasing pressures of additional uses are being placed on the shorelines, necessitating increased coordination in the management and development of the shorelines of the state. The city further finds that much of the shorelines in Mukilteo are in private ownership and that unrestricted construction on the privately owned or publicly owned lands is not in the best public interest. Therefore, coordinated planning is necessary in order to protect the public interest associated with shorelines while, at the same time, recognizing and protecting private property rights consistent with the public interest.
B. It is the policy of the city to provide for the management of the city shorelines by planning for and fostering all reasonable and appropriate uses. This policy is designed to ensure the development of these areas in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.
C. The city finds that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The city, in adopting regulations for shorelines of statewide significance, shall give preference to uses in the following order of preference which:
1. Recognize and protect the statewide interest over local interest;
2. Preserve the natural character of the shoreline;
3. Result in long-term over short-term benefit;
4. Protect the resources and ecology of the shoreline;
5. Increase public access to publicly owned areas of the shorelines;
6. Increase recreational opportunities for the public in the shoreline;
7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
D. In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline.
1. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.
2. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the Department of Ecology through the shoreline permit process.
3. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through manmade causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definitions of “shorelines of the state” and “shorelands” shall not be subject to the provisions of Chapter 90.58 RCW, Shoreline Management Act of 1971. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.04.020 Adoption authority.
This title is hereby adopted as the city of Mukilteo shoreline management regulations and is adopted under the authority of Chapter 90.58 RCW, the Shoreline Management Act of 1971, and Chapter 173-27 WAC, Shoreline Management Act Guidelines for Development of Master Programs, as now or hereafter amended. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.04.030 Applicability.
The regulations of this title apply to all shorelines of the city and to the waters and underlying land of the Puget Sound extending to the middle of Puget Sound from the shoreline of the city between the northern and southern limits of the city and two hundred feet landward of such waters. Shoreline regulations shall apply to: (A) development on parcels that are located entirely within two hundred feet of the shoreline, associated wetlands, and floodplains, and (B) development on parcels where a portion of the project lies within two hundred feet of the shoreline, associated wetlands, and floodplains. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)