Chapter 25.01
INTRODUCTION
Sections:
25.01.005 Introduction.
25.01.010 Purpose and intent.
25.01.020 Title.
25.01.030 Applicability.
25.01.040 Authority.
25.01.050 Governing principles.
25.01.060 Relationship to plans, policies and regulations.
25.01.070 Critical areas regulations incorporated by reference.
25.01.080 Effective date.
25.01.090 Liberal construction.
25.01.100 Severability.
25.01.005 Introduction.
The Sammamish shoreline master program (SMP) update fulfills the requirements of the Washington State Shoreline Management Act (SMA) and associated guidelines “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” The SMP balances local needs, interests and character with the general public’s interests in protecting key shoreline environments and important resources. The overarching goal is meant to strike a balance among private ownership, public access, and public protection of the state’s shorelines.
The SMA establishes a broad policy preference for shoreline uses that protect water quality and the natural environment, that depend on proximity to the shoreline, and preserve and enhance public access and public recreational opportunities. New uses and developments will follow regulations established by a set of goals and policies designed to avoid and/or mitigate for impacts to the environment while protecting property rights. Existing legally established uses and developments are allowed to continue as “grandfathered.” (SMC 25.08.100)
The SMA guidelines require that an SMP result in “no net loss” of shoreline ecological functions. This SMP accomplishes that requirement through its goals, policies, and regulations noted above providing restoration program and enhancement incentives to offset the cumulative impacts of new shoreline uses and developments over time. The SMP is an amendment to the Sammamish comprehensive plan and to associated development regulations in the Sammamish Municipal Code. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.010 Purpose and intent.
The purposes of this shoreline master program are:
(1) To promote the health, safety, and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development, use, and restoration of Sammamish’s shorelines; and
(2) To manage shorelines in a positive, effective, balanced and equitable manner consistent with requirements established by the Shoreline Management Act (the Act) contained in Chapter 90.58 RCW, and the State Shoreline Guidelines in Chapter 173-26 WAC; and
(3) To maintain the ecological functions of Sammamish’s shorelines. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.020 Title.
This document shall be known and cited as “the Sammamish shoreline master program,” referred to herein as the “SMP” or the “program.” (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.030 Applicability.
(1) All proposed uses and development, as defined in Chapter 25.02 SMC (Definitions) occurring within the shoreline jurisdiction (see Chapter 25.05 SMC for a description of the jurisdiction) shall comply with this program, Chapters 173-26 and 173-27 WAC and Chapter 90.58 RCW. This program regulates all uses and developments within the shoreline jurisdiction whether or not a shoreline permit is required. This program will regulate all development proposed after the effective date of the program.
(2) For purposes of this SMP, shoreline uses and developments shall be classified as follows:
(a) Permitted Uses and Developments. These are allowed uses and development that are consistent with this program and RCW 90.58.030. Such uses/development shall require a shoreline substantial development permit, a shoreline conditional use permit, a statement that the use/development is exempt from a shoreline substantial development permit, or a determination that an exempt use/development is consistent with this program during land use/building permit review (see Chapter 25.07 SMC for a list and description of exempt uses/developments and exemption criteria). Development within the shoreline jurisdiction that does not meet the standards of this program shall require a shoreline variance.
(b) Prohibited Uses and Developments. Uses and developments that are inconsistent with this program and/or Chapter 90.58 RCW and which cannot be allowed through any shoreline permit or variance.
(3) This program shall apply to:
(a) All of the lands and waters of Sammamish that meet the definition of “shorelines of the state” in Chapter 25.02 SMC and RCW 90.58.030. This includes all areas waterward of the OHWM extending to the City’s legal in-water jurisdictional boundary and any areas landward of the OHWM that meet the definition of “shorelands” in Chapter 25.02 SMC; and
(b) Every person, individual, firm, partnership, association, organization, local or state governmental agency, public or municipal corporation, or other entity proposing or undertaking any new use and/or development in the Sammamish shoreline jurisdiction.
(4) Existing lawfully established uses and developments are not subject to regulations of this program until or unless there is a change in use or development. Shoreline property owners are encouraged to consult the City community development department to determine if a proposed use or development activity requires review under this program.
(5) The provisions of this program shall not apply to lands held in trust by the United States for Indian nations, tribes or individuals. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.040 Authority.
This shoreline master program is adopted under the authority granted by Chapter 90.58 RCW and Chapter 173-26 WAC. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.050 Governing principles.
(1) The goals, policies and regulations of this program are informed by the governing principles in Chapters 173-26 and 173-27 WAC, and the policy statements of Chapter 90.58 RCW.
(2) Any inconsistencies between this program and the Act must be resolved in accordance with the Act.
(3) Regulatory or administrative requirements of this program must not unconstitutionally infringe upon private property rights or result in an unconstitutional taking of private property.
(4) The territorial jurisdictions of the SMP planning function and regulatory function are legally distinct. The planning function may, and in some circumstances must, look beyond the territorial limits of the shoreline jurisdiction.
(5) The policies and regulations established by the program must be integrated and coordinated with the Sammamish Comprehensive Plan and the development regulations in the Sammamish Municipal Code (SMC).
(6) Protecting the shoreline environment is an essential statewide policy goal, consistent with other statewide policy goals in Chapter 173-26 WAC. This program protects shoreline ecology from impairments in the following ways:
(a) By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such functions have been identified; and
(b) By including policies and regulations that require mitigation sequencing to avoid, then minimize, and then apply mitigation of adverse impacts not otherwise avoided or mitigated by compliance with this program and other applicable regulations in a manner that ensures no net loss of shoreline ecological functions consistent with Chapter 90.58 RCW and WAC 173-26-201(2)(e)(i).
(c) By including policies and regulations that require consideration of cumulative impacts of anticipated and reasonable future development in a manner that ensures no net loss of shoreline ecological functions. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.060 Relationship to plans, policies and regulations.
(1) Uses, alterations and developments regulated by this program are subject to applicable provisions of the Sammamish Municipal Code (SMC), the Sammamish Comprehensive Plan, the Shoreline Management Act (Chapter 90.58 RCW), the Growth Management Act (Chapter 36.70A RCW), State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC), and other local, state and federal laws.
(2) This program shall be implemented according to the definitions contained in Chapter 25.02 SMC. Where definitions contained in this program conflict or differ from definitions contained in other sections of the SMC, these definitions shall prevail.
(3) Unless otherwise stated, where this program makes reference to any RCW, WAC, or other federal, state or local law or regulation, the most recent amendment or current edition shall apply.
(4) In the event the regulations of this program differ from other applicable City policies or regulations, the more restrictive provisions shall apply.
(5) The following provisions of the Sammamish Municipal Code are adopted as part of this SMP, and attached herein: SMC 21.06.080(K) (Historic resources – Review process, adopted by Ord. O2021-540 on Dec. 14, 2021) and sections of the City’s critical areas ordinance as described within SMC 25.01.070 (adopted by Ord. 2005-193 on December 20, 2005, and revised by Ord. 2009-264 on October 6, 2009, Ord. 2009-274 on December 1, 2009, and Ord. O2013-350 on July 9, 2013). (Ord. O2019-493 § 1 (Att. 1); Ord. O2016-410 § 1 (Att. A); Ord. O2011-308 § 1 (Att. A))
25.01.070 Critical areas regulations incorporated by reference.
Provisions of the Sammamish critical areas ordinance codified in SMC 21.03.020, exclusive of SMC 21.03.020(F) (Complete exemptions), 21.03.020(H) (Exceptions), 21.03.020(Y)(5)(a) (isolated wetlands) and 21.03.020(Y)(5)(c) (Pilot Program), are considered part of this SMP. (Ord. O2019-493 § 1 (Att. 1); Ord. O2017-431 § 3 (Att. C); Ord. O2016-410 § 1 (Att. A); Ord. O2011-308 § 1 (Att. A))
25.01.080 Effective date.
This program and all amendments thereto shall become effective 14 days from the date of the Department of Ecology’s written notice of final approval. (Ord. O2019-493 § 1 (Att. 1); Ord. O2016-410 § 1 (Att. A); Ord. O2011-308 § 1 (Att. A))
25.01.090 Liberal construction.
In accordance with RCW 90.58.090, this program is exempt from the rule of strict construction; therefore, this program shall be liberally construed to give full effect to its goals, policies and regulations. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.01.100 Severability.
If any section or provision of this program is declared invalid such declaration shall not affect the validity of this program as a whole. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))