Chapter 25.06
GENERAL SHORELINE REGULATIONS
Sections:
25.06.005 Generally.
25.06.010 Archaeological, historic and cultural resources regulations.
25.06.020 Environmental protection and conservation regulations.
25.06.030 Shoreline public access regulations.
25.06.040 Restoration regulations.
25.06.050 Water quality, stormwater, and nonpoint pollution regulations.
25.06.005 Generally.
The general regulations in this chapter shall apply to all new development and uses within the Lake Sammamish, Pine Lake, and Beaver Lake shoreline jurisdictions unless otherwise stated. These regulations shall only apply within the shoreline jurisdiction, and shall not apply to portions of lots extending further landward than the landward extent of shoreline jurisdiction, as specified by Chapter 25.05 SMC. Additional regulations pertaining to specific uses and development activities are contained in Chapter 25.07 SMC. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.06.010 Archaeological, historic and cultural resources regulations.
(1) Upon receipt of application for a shoreline permit or request for a statement of exemption for a development proposal located on or adjacent to a City of Sammamish historic, cultural, or archeological resource, the application or request shall be additionally processed pursuant to the requirements of SMC 21.06.080(K) (Historic resources – Review process).
(2) Whenever historic, cultural or archaeological sites or artifacts are inadvertently discovered during shoreline development, work on that portion of the development site shall be stopped immediately, the site secured and the discovery reported as soon as possible to the director. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation, and the director shall notify the historic preservation officer, all affected tribes and shall require a site investigation and archaeological study to determine the significance of the discovery. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.06.020 Environmental protection and conservation regulations.
(1) All development projects shall include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with this program and other applicable regulations. Where required, mitigation measures shall be applied in the following order:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing 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;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
(f) Monitoring the impact and the compensation projects and taking appropriate corrective measures.
(2) Restoration. Restoration of native vegetation shall consist of a mixture of trees, shrubs and groundcover and be designed to improve habitat functions.
(3) Aquatic Bed Wetlands. Wetlands located entirely waterward of the ordinary high water mark of a lake shall be regulated by the development standards provided for in the program, including this section. Where a wetland area extends landward of the shoreline’s OHWM boundary, additional wetland buffer protections pursuant to SMC 21.03.020(Y)(1) may apply.
(4) Aquatic Weed Control and Noxious Weed Control. Aquatic weed control and noxious weed control may occur when the health and sustainability of native plant communities and associated habitats are threatened or when a water dependent use is restricted by their presence. Control with hand labor and/or light equipment is allowed; provided, that the appropriate erosion control measures are used and the area is replanted with native vegetation. Control shall occur in conformance with applicable local, state and/or federal regulations.
(5) Clearing and Grading. The amount of clearing and grading shall be limited to the minimum necessary to accommodate the allowed use/development. This minimum shall include clearing and grading necessary for landscaping and establishment of a vegetation enhancement area, if required or desired.
(6) Light and Glare. Exterior lighting shall not shine directly onto the water. Exterior lighting fixtures shall include full cutoff devices (light shields) such that glare or direct illumination onto the lake is minimized.
(7) Mitigation. Property owners proposing new shoreline use or development shall include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with this program and other applicable regulations. Where required, mitigation measures shall follow mitigation sequencing principles described in subsection (1) of this section and other applicable regulations whether or not the use/development requires or is exempt from a shoreline substantial development permit. Shoreline setback reductions are listed in subsection (11) of this section.
(8) Building Setback – Pine and Beaver Lakes. A five-foot-wide building setback shall be established from the landward edge of the shoreline setback required in subsection (9) of this section for Pine and Beaver Lakes. The following may be allowed in the building setback subject to the square footage limits of SMC 25.07.080:
(a) Landscaping;
(b) Uncovered decks that are less than 18 inches above grade;
(c) Building overhangs if such overhangs do not extend more than 18 inches into the building setback area;
(d) Impervious ground surfaces, such as driveways and patios;
(e) Trails.
(9) Shoreline Setback. A shoreline setback is established for Lake Sammamish, Pine Lake, and Beaver Lake. The shoreline setback area for Lake Sammamish is the area extending 50 feet (or as reduced by Table 25.06.020) landward from the OHWM. For Pine and Beaver Lakes, the shoreline setback area is the area extending 45 feet landward from the OHWM.
The following regulations shall apply:
(a) Non-water-dependent shoreline uses and developments, including residential developments, shall be located landward of the shoreline setback unless otherwise specified by this program;
(b) Two hundred square feet maximum of residential accessory structure is allowed as specified in SMC 25.07.080(2) and subsection (9)(d) of this section;
(c) Docks and shoreline stabilization structures shall be allowed within the shoreline setback as specified in this program;
(d) Public access structures, picnic areas, boat launches, docks and shoreline stabilization structures shall be allowed within the shoreline setback as specified in this program;
(10) Lake Sammamish Vegetation Enhancement Area. The 15-foot-wide portion of the shoreline setback immediately landward of the OHWM is reserved as a vegetation enhancement area. The following regulations apply:
(a) Property owners shall be required to establish and maintain the vegetation enhancement area:
(i) As part of any new development or (exterior) redevelopment project that displaces or affects applicable shoreline setbacks. For developments or additions of less than 500 square feet, the landscaping requirement shall be proportional (1:1) to the area of disturbance or redevelopment; or
(ii) If they propose to construct or expand an existing bulkhead or other stabilization structure by more than 10 percent.
(iii) Excluded from this requirement are changes to a structure that do not expand the footprint.
(b) The vegetation enhancement area, excluding the active use area, shall be planted or maintained with at least 75 percent by area of the vegetation consisting of native trees, shrubs, and groundcover designed to improve ecological functions. The VEA planting plan shall include one tree for every 500 square feet, one shrub for every 25 square feet, and 100 percent groundcover within the VEA. Note: Illustrations of the code will be included in the User Guide.
(c) An area of up to 25 percent of the vegetation enhancement area may be used as an active use area consistent with the requirements of this program; provided, that the active use area is located to avoid areas of greater sensitivity and habitat value. If this 25 percent limitation would not allow a corridor extending back from the lake measuring at least 15 feet parallel to the lake, a 15-foot-wide corridor may be used.
(d) Structures, decks and paved areas within the vegetation enhancement area may only be located within the limits of the active use area as specified within this program.
(e) When the establishment of the vegetation enhancement area is required, the final installation shall be approved by the city.
(11) Lake Sammamish Reduced Shoreline Setback. The Lake Sammamish shoreline setback may be reduced in the shoreline residential environment or for public uses and public development in the urban conservancy environment. All proposals for shoreline setback reduction must be completed in accordance with mitigation sequencing principles (subsection (1) of this section) and setback reductions as shown in Table 25.06.020.
(a) Reduction measures shall be installed, monitored, maintained and City inspected. Mitigation provisions in SMC 21.03.020(N) and (O) shall apply and financial guarantees pursuant to SMC Title 27 may be required.
(b) When setback reductions of Table 25.06.020 are utilized such that the resulting setback is 20 feet, and the residence or accessory structure directly abuts the vegetated area, maintenance activities necessary for the residence or accessory structure may occur as needed. However, damage, disruption, or removal of required vegetation shall be restored immediately upon completion of the maintenance activities.
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Reduction |
Setback Reduction (feet) |
Reduction Criteria • Reductions from the 50-foot standard setback may be cumulative, but in no case shall the resulting shoreline setback be less than 20 feet from OHWM. Planting shall be installed and maintained in accordance with VEA requirements. • Reductions must be utilized in the following priority order: Reduction 1, Reduction 2 or 3 if a bulkhead is present, Reduction 4*, and Reduction 5. After Reductions 1 – 5, then Reductions 6, 7, and 8 may be utilized in any order. • Significant trees within the 50-foot setback area shall be retained, with the exception that the minimum necessary significant tree removal may occur for allowed development in order to utilize setback reductions. Removed significant trees shall be replanted at a 2:1 ratio. |
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1 |
15 feet |
For establishment of a 15-foot vegetation enhancement area landward and immediately adjacent to the OHWM and planting of 250 square feet of additional native vegetation planting area added landward and adjacent to the VEA. |
|
2 |
15 feet |
For removal of an existing bulkhead located at, below, or within five feet landward of the lake’s OHWM and subsequent restoration of the shoreline to a natural or semi-natural state, including the restoration of topography, soil composition, and vegetation. |
|
3 |
10 feet |
For creation of a durable inclined fill of gravel/small rock against the waterside of an existing bulkhead and planting, enhancement, or restoration of at least a 5-foot width of native vegetation along the entire inclined fill, as part of an Army Corps of Engineers-approved plan and in compliance with all WDFW and other appropriate agency regulations. |
|
4 |
5 feet |
For a reduction in the active use area, from the allowed 25 percent of the shoreline setback to 15 percent, and additional planting in that area. |
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5 |
5 feet |
For planting, enhancement, or restoration and subsequent preservation of existing native vegetation, as necessary, in a minimum 5-foot-wide near-shore area below the lake’s OHWM, excluding the area below the active use area. |
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6 |
5 feet |
For reduction of impervious surface coverage by 10 percent less than the city standard as allowed by SMC 25.07.080(2)(c) or (d). |
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7 |
5 feet |
For limiting lawn area to no greater than 20 percent of the shoreline jurisdiction area. |
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8 |
5 feet |
For preparation of, and agreement to adhere to, a written shoreline vegetation management plan that includes appropriate limitations on the use of fertilizer, herbicides, and pesticides to protect lake water quality. |
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*This reduction is optional if it would result in an active use area that is less than 15 feet wide |
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(12) Pine Lake and Beaver Lake Tree Retention. Eighty percent of the significant trees within the shoreline jurisdiction must be retained. This requirement shall not apply to documented hazard trees.
(13) Pine and Beaver Lakes Vegetation Enhancement Area. A vegetation enhancement area immediately landward of the OHWM is required as compensatory mitigation for any new or expanded development that is proposed within applicable shoreline setback or buffer areas. For developments or additions of less than 500 square feet the landscaping requirement shall be proportional (1:1) to the area of disturbance of the development or redevelopment.
(a) The vegetation enhancement area when required, excluding the active use area, shall be planted or maintained with at least 75 percent by area of the vegetation consisting of native trees, shrubs, and groundcover designed to improve ecological functions. The VEA planting plan shall include one tree for every 500 square feet, one shrub for every 25 square feet, and 100 percent groundcover within the VEA.
(b) An area of up to 25 percent of the vegetation enhancement area may be used as an active use area consistent with the requirements of this program; provided, that the active use area is located to avoid areas of greater sensitivity and habitat value. If this 25 percent limitation would not allow a corridor extending back from the lake measuring at least 15 feet perpendicular to the lake, a 15-foot-wide corridor may be used.
(14) Critical Areas within Shoreline Jurisdiction. Where critical areas including wetlands, streams, frequently flooded areas, geologically hazardous areas, or fish and wildlife habitat conservation areas designated in SMC 21.03.020 occur in the shoreline jurisdiction, the SMC 21.03.020 buffer or shoreline setback that provides the greatest protection shall prevail.
(15) Allowed Activities within Critical Areas within Shoreline Jurisdiction. The following activities are allowed subject only to compliance with best management practices and procedural requirements of this program:
(a) Emergencies.
(b) Public water, electric, and natural gas distribution, public sewer collection, cable communications, telephone utility, and related activities undertaken pursuant to City-approved best management practices.
(16) Notice on Title. The owner of any property required to maintain a vegetation enhancement area on which a development proposal is submitted or any property on which mitigation is established as a result of development, except a public right-of-way or the site of a permanent public facility, shall file a notice approved by the City with the King County records and elections division. The required contents and form of the notice shall be determined by the director. The notice shall run with the land. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.06.030 Shoreline public access regulations.
(1) Physical and/or visual access should be made available to the public through public parks, rights-of-way and other public lands.
(2) New public access is not required for new single-family residential subdivisions of nine lots or residential units or less.
(3) Development of public access facilities in, on or over the water shall be constructed using materials that allow light penetration and do not contaminate water. Facilities in, on or over the water shall be of non-reflective materials that are compatible in terms of color and texture with the surrounding area. The underside of over-water facilities should incorporate reflective materials where necessary to reduce the effects of shadowing.
(4) Public access should be located adjacent to other public areas, accesses and connecting trails, and connected to the nearest public street end or other public access point. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.06.040 Restoration regulations.
(1) Ecological restoration projects shall be carried out in accordance with a City-approved restoration plan, and in accordance with the policies and regulations of this program.
(2) Voluntary enhancement and restoration of the shoreline not associated with any other development proposal is encouraged and should be accomplished according to a City-approved plan for its design, implementation, maintenance, and monitoring. Restoration or enhancement should result in a net improvement to the functions of the lake ecosystem.
(3) Voluntary establishment of vegetation enhancement areas is encouraged to restore shoreline ecological function. Previously established and City-approved vegetation enhancement areas or buffer reductions shall be credited toward shoreline setback reductions in accordance with this program.
(4) The City may grant relief from development standards and use regulations within this program that result from shoreline restoration projects that cause a landward shift in the extent of shoreline jurisdiction; such relief must be provided consistent with criteria and procedures in WAC 173-27-215. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))
25.06.050 Water quality, stormwater, and nonpoint pollution regulations.
(1) New shoreline uses and developments (and their related construction processes) shall incorporate all known, available, and reasonable methods of preventing, controlling, and treating stormwater to protect and maintain surface and ground water quantity and water quality in accordance with Chapter 15.05 SMC (Surface Water Management), requirements of Chapter 21A.50 SMC and other applicable laws.
(2) Best management practices (BMPs) for controlling erosion and sedimentation and preventing pollutants from entering lakes shall be implemented for all new uses and developments (and their related construction processes).
(3) To avoid water quality degradation by malfunctioning or failing septic systems located in the shoreline jurisdiction, new on-site sewage systems shall be located, designed, and maintained to meet all applicable water quality, utility, and health standards.
(4) New structures installed below OHWM or that regularly and frequently come in contact with water shall be constructed of Washington Department of Fish and Wildlife (WDFW)-approved materials. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))