Chapter 19.08 SHORELINE REGULATIONS

The city adopts by reference the policies of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as they now exist, or may hereafter be amended by the legislature. These policies supplement the goals and policies contained in Chapter 3 of the shoreline master program. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.020 Relationship of shoreline master program policies and regulations.

These regulations are part of the Snoqualmie Shoreline Master Program, and implement the specific goals and policies with respect to shoreline management set forth in the shoreline master program. The goals and policies should be consulted to clarify the intent of any regulation. (Ord. 1252 § 5 (Exh. A), 2021).

Article II. Definitions

19.08.030 Adoption by reference – Definitions.

The city adopts by reference the definitions of the Shoreline Management Act of 1971 as set forth in RCW 90.58.030, and the Department of Ecology definitions as set forth in WAC 173-26-020 and 173-27-030, as they now exist or may hereafter be amended. In addition to the definitions adopted by reference, the following terms shall have the following meanings as used in this chapter, which shall be controlling in shoreline jurisdiction, notwithstanding any inconsistent definition in any other chapter of this code. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.040 Additional definitions.

A. “Commercial development” means any activity involving or facilities for wholesale or retail trade, services and business activities, including by way of illustration hotels, motels, shops, stores, restaurants and offices, but not including manufacturing or residential uses.

B. “Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any stage of water level.

“Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.

C. “Channel migration zone (CMZ)” means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings as delineated on the Snoqualmie River Channel Migration Area Map, contained in Channel Migration in the Three Forks Area of the Snoqualmie River (King County Department of Natural Resources, Surface Water Management Division, Seattle, WA, 1996), which is hereby incorporated herein by this reference.

D. “Director” means the department head of the community development department, or equivalent position.

E. “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay or other body of water for the purpose of deepening a navigational channel or sustaining a use of the bottom materials for landfill.

F. “High intensity active recreation facilities” means facilities including soccer, football, baseball, softball or other team sport fields; complexes of two or more outdoor tennis, basketball, volleyball or other sport courts; indoor sports or recreation facilities; golf courses; swimming pools, running tracks; bicycle parks or obstacle courses, outdoor skateboard parks larger than one-quarter acre in size; other active recreation facilities of similar nature, scale or impacts; and parking and park support facilities such as restrooms and concession stands.

G. “Impervious surface area” means any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to, rooftops, swimming pools, paved or graveled roads and walkways or parking areas, and excluding landscaping and surface water retention/detention facilities.

H. “Institutional use” means a facility providing educational, governmental, religious, or community services to the general public such as libraries, churches, municipal buildings, museums, and historic buildings and sites. Institutional facilities may be owned and operated by either public or private entities.

I. “Light industrial” means any activity involving or facility for manufacturing, processing, packaging or storing finished or semi-finished goods.

J. “Low intensity active recreation facilities” means facilities including no more than one outdoor tennis, basketball, volleyball or other sport court; outdoor skateboard parks less than one-quarter acre in size; and children’s play structures, along with parking and park support facilities such as restrooms and picnic facilities.

K. “Recreation” means any activity intended primarily for the refreshment of body and mind through forms of play, amusement and relaxation.

L. “Residential development” means any residential use, including single-family dwellings, accessory dwellings, multifamily dwellings and second story residential over a nonresidential use, and also includes subdivision for residential uses.

M. “Riverwalk” means elements associated with the Snoqualmie Riverwalk Master Plan 2015.

N. “Shoreline map and descriptions” means Map A.1 and Descriptions A.2 in Appendix A, Shoreline Maps, of the Snoqualmie Shoreline Master Program.

O. “Shoreline master program” means the Snoqualmie Shoreline Master Program 2021, its map exhibits, and any approved updates or amendments thereto.

P. “Shoreline setback” means the lateral distance measured landward from the ordinary high water mark (OHWM) of a shoreline.

Q. “Utility” means any service which produces or carries electric power, gas, water, stormwater, sewage, communications signals or oil. (Ord. 1252 § 5 (Exh. A), 2021).

Article III. Administrative Provisions and Permitting

19.08.050 Administrator.

A. The community development director or his/her designee shall be the administrator of these shoreline regulations and shall be responsible for the interpretation and application of the provisions hereof.

B. It shall be the duty of the administrator to perform all of the duties ascribed to him or her by this chapter, to serve as secretary and staff to the hearing board and to administer the permit and notification systems established by this chapter. The administrator shall familiarize himself or herself to the extent possible with other regulations pertaining to shorelines and their use, and within the limits of his or her authority, shall cooperate with other agencies in the administration of such other regulations, and shall only grant or conditionally grant a substantial development permit when consistent with WAC 173-27-150.

C. When the provisions of the goals, policies or regulations of the shoreline master program, or their application to a specific proposed development, shall be vague, ambiguous or otherwise unclear, or where a judgment or interpretation regarding the application hereof in special circumstances shall be required, it shall be the duty of the administrator to make such interpretation or judgment, after consultation with the Department of Ecology for consistency with Chapter 90.58 RCW and applicable guidelines. A separate record of all such actions shall be kept. The administrator shall examine all earlier interpretations or judgments which may relate to the pending action, and findings shall be made indicating whether the earlier interpretations or judgments were deemed relevant to the pending action, and if not so considered, the reason therefor, and if so considered, the manner in which it was applied. Such findings shall be public records.

D. The administrator shall be responsible for using a permit tracking program to periodically evaluate the effectiveness of the shoreline master program for achieving no net loss of shoreline ecological functions with respect to shoreline permitting and exemptions. The administrator shall also prepare an evaluation report no less frequently than every eight years when the SMP is required to be updated under RCW 90.58.080(4), or more frequently if significant change in zoning occurs within shoreline jurisdiction, and propose amendment of such policies and regulations as may be necessary.

E. The administrator shall be responsible for enforcing the regulations associated with this SMP, in accordance with WAC 173-27-240 through 173-27-300.

F. No department of the city shall issue any permit or approval to which the provisions of this chapter apply without the approval of the director. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.060 Shoreline permits generally.

A. “Shoreline permits” includes substantial development permits, shoreline conditional use permits and shoreline variances. All shoreline permits shall be conditioned as required to ensure no net loss of shoreline ecological function, through appropriate mitigation, and may include monitoring to ensure the mitigation is successful.

B. A shoreline permit shall be denied if the proposed development would cause a net loss of shoreline ecological function that cannot be mitigated. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.065 Developments not required to obtain shoreline permits or local reviews.

Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following:

A. Remedial Actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW.

B. Boatyard Improvements to Meet NPDES Permit Requirements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit.

C. WSDOT Facility Maintenance and Safety Improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.

D. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.

E. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.070 Substantial development permits.

A. A substantial development permit is required prior to commencement of construction of a structure or commencement of a use or activity constituting “substantial development” as defined in subsection B of this section, which is not categorically exempt, within the shorelines of the city.

B. “Substantial development” means any development of which the total cost or fair market value exceeds the dollar threshold adjusted for inflation calculated by the Office of Financial Management every five years after July 1, 2007, and published in the Washington State Register, which is $7,047 as of September 2, 2017, or any development which materially interferes with the normal public use of the water or shorelines of the state, except the following shall not be deemed substantial development pursuant to WAC 173-27-040(2)(a) through (o):

1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;

2. Construction of the normal protective bulkhead common to single-family residences;

3. Emergency construction necessary to protect property from damage by the elements;

4. Construction practices normal or necessary for farming, irrigation and ranching activities, including agricultural service roads and utilities, and the construction and maintenance of irrigation structures including but not limited to headgates, pumping facilities and irrigation channels;

5. Construction or modification of navigational aids such as channel markers and anchor buoys;

6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level unless otherwise approved by a conditional use permit and which meets all requirements of the city of Snoqualmie, other than regulations imposed by this chapter;

7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private commercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences, provided:

a. For docks that are constructed to replace existing docks, the fair market value of the dock does not exceed $22,500 and the square footage is of equal or lesser square footage than the existing dock being replaced or any other value as defined in WAC 173-27-040(2)(h); or

b. For all other docks, the fair market value of the dock does not exceed $11,200 or any other value as defined in WAC 173-27-040(2)(h);

8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities;

9. Marking of property lines or corners on state-owned lands;

10. Operation and maintenance of any system of dikes, ditches, drains or other facilities;

11. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW;

12. Site exploration and investigation activities that are prerequisite to preparation of an application for development under this chapter;

13. Removing or controlling aquatic noxious weeds;

14. Watershed restoration projects;

15. The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities; and

16. Consistent with WAC 173-27-040, a public or private project designed to improve fish or wildlife habitat or fish passage, that conforms to the provisions of RCW 77.55.181.

C. The definition of “substantial development,” as set forth in subsection B of this section, is intended to conform to the definition thereof in Chapter 90.58 RCW, and subsection B of this section shall be deemed amended immediately upon any future amendment of the definition of “substantial development” in Chapter 90.58 RCW by the legislature. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.080 Permit applications.

A. When a shoreline permit is required for a proposed development, the proponent of the development shall apply for such permit on a form provided by the administrator. The permit application shall contain the following information:

1. The name, address and telephone number of the applicant;

2. The name, address and telephone number of the property owner;

3. A legal description of the property;

4. A common description of the property;

5. The name of the associated shoreline or wetland;

6. The current use of the property and description of existing improvements;

7. The proposed use of the property;

8. The nature of the existing shoreline;

9. A site plan sufficient to fully explain the intended development, including the following:

a. Site boundaries;

b. Property dimensions in vicinity of proposed development;

c. Indication of size and placement of all existing and proposed structures;

d. Indication of size, grade, and profile of all roads or vehicular passageways;

e. Indication of all water supplies, sewage disposal facilities and solid waste handling facilities;

f. Relation of all physical developments to the associated shoreline or wetlands, and the location of the ordinary high water mark;

g. Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps or lakes;

h. Identification of shorelands of statewide significance and environment designation; and

i. Typical cross-section or sections showing existing ground elevations, proposed ground elevations, height of existing structures and height of proposed structures;

10. The intended commencement and completion dates;

11. The reason, if any, why the proposed development requires a shoreline rather than a nonshoreline location;

12. If a variance is sought, the reasons therefor;

13. If a conditional use is sought, the reason therefor, including an explanation of any special features of the proposed development supporting the request;

14. The names and addresses of all property owners within 300 feet of the boundaries of the proposed development;

15. The source, composition and volume of fill material to be used, if any; and

16. A report prepared by a qualified consultant, as defined in Chapter 19.12 SMC, evaluating impacts of the proposal on shoreline ecological functions, provided, such a report may be waived by the director for proposed development separated from a water body by any public right-of-way in accordance with one or more area recommendations prepared by the city’s qualified consultant.

17. A report prepared by a professional archaeologist evaluating potential impacts to archaeological or cultural resources for projects involving ground disturbing activities on shoreline areas not previously surveyed by a professional archaeologist.

B. The completed application shall be accompanied by the fee therefor, as established by the city council by resolution. The administrator shall not accept incomplete permit applications.

C. Receipt by the administrator of the completed application and fee shall commence the running of the time periods for permit review established in this chapter. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.090 Permit review.

The permit review process shall be as follows:

A. Upon receipt by the administrator of the completed application and fee, the applicant shall cause two public notices of the application to be published in the official newspaper. These notices shall appear one week apart and contain the information required by the administrator. The administrator shall forthwith mail notice of the application to all property owners of record within 500 feet of the boundaries of the proposed development and provide notice and opportunity to review archaeological or cultural resource reports to the Washington State Department of Archaeology and Historic Preservation and the Snoqualmie Tribe.

B. Commencing on the publication of the second of the two notices provided in subsection A of this section, there shall be a 30-day review period, during which period the administrator shall evaluate the application, collect relevant data and solicit communications from all persons and agencies wishing to express views on the application. The administrator shall examine each application for conformity with the policies of the Snoqualmie Shoreline Master Program. If a variance or conditional use permit is sought, the administrator shall schedule a meeting of the hearing examiner for a public hearing thereon, to be scheduled within the last 10 days of the 30-day review period or as soon thereafter as possible.

C. At the expiration of the 30-day review period, but within 45 days after the commencement thereof, the administrator shall issue a decision to approve or deny the application, and the hearing examiner shall issue a decision to approve or deny the variance or conditional use permit.

D. The administrator shall transmit the decision or decisions, findings and any other determinations by letter to the applicant, the Department of Ecology and the Attorney General.

E. Upon receipt by the Department of Ecology of the decision upon the application for the substantial development permit, a further 21-day review period shall commence, during which appeal from the local government decision may be taken to the State Shorelines Hearings Board. When the local government decision is for approval of a variance or conditional use permit, the Department of Ecology shall have 30 days in which to approve, deny or condition the permit. A further 21-day period shall commence when the Department of Ecology transmits its decision to the local government, during which period the applicant may take an appeal from the Department of Ecology decision to the State Shorelines Hearings Board.

F. If no appeal is taken from the decision of the local government, either by the Department of Ecology or others, the decision shall be deemed approved by the Department of Ecology, and at the expiration of the 45-day period, if the local government decision was to approve, and if all other required permits have been granted, the proposed development may proceed. In the event of an appeal, the proposed development may not begin until all appeals have been resolved by the State Shorelines Hearings Board. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.100 Review criteria.

A. Variances, conditional use permits and substantial development permits shall be granted only when the development is consistent with the following:

1. The policies and procedures of the Act;

2. The provisions of this chapter; and

3. The applicable master program adopted or approved for the area; provided, that where no master program has been approved for an area, the development shall be reviewed for consistency with the provisions of Chapter 173-26 WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government.

B. Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the Act and the local master program. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.110 Revision of permits.

A. The administrator may approve requested revisions to approved permits if the proposed changes are within the scope and intent of the original permit, and are consistent with the shoreline master program, the Shoreline Management Act and WAC 173-27-100.

B. “Within the scope and intent of the original permit” means all of the following:

1. No additional over-water construction is involved except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;

2. Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;

3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof;

4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program;

5. The use authorized pursuant to the original permit is not changed; and

6. No adverse environmental impact will be caused by the project revision.

C. If the revision to the original permit involves a conditional use or variance, the administrator shall submit the revision to the Department for the Department’s approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of WAC 172-27-100. The administrator shall notify parties of record of the Department’s final decision. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.120 Rescission of permit.

The approving authority may rescind the permit and issue a stop work order if the conditions of the permit are not fulfilled or are violated, or if other applicable regulations under this chapter are violated. Any such rescission shall comply with RCW 90.58.140(8). (Ord. 1252 § 5 (Exh. A), 2021).

19.08.130 Notification.

A. The developments, uses and activities specified under subsection B of this section may occur with the shorelines of the city without the requirement of a substantial development permit, variance or conditional use permit. In order to effectuate the policies of the Snoqualmie Shoreline Master Program, such developments, uses and activities shall not be commenced until notification of intent has been given to the administrator. Such notification may be given by letter, telephone, transmittal from other agency permit requirements or other appropriate means, not less than one week prior to the proposed commencement date. Such notification shall include the following:

1. The name of the person or persons intending to perform the development, use or activity;

2. The name of the property owner;

3. The nature of the proposed development, use or activity;

4. The location of the property; and

5. The proposed commencement and completion dates.

B. The following are subject to the notification requirement of subsection A of this section:

1. Construction of houses;

2. Logging operations not requiring a substantial development permit;

3. Herbicide, insecticide or other dangerous chemical application when a license is required by the Department of Agriculture;

4. The demolition or destruction of any building;

5. The clearing of land not involving critical areas or the associated buffers.

C. It shall be unlawful to fail to give a notice required by this section. The responsibility of providing notice shall devolve upon both the operator and the property owner. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.140 Conditional uses.

A. When a use is classified as a conditional use, or is not classified in the shoreline use table but is allowed by the underlying zoning, it may be authorized as a conditional use, in order to provide flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020 and WAC 173-27-160, subject to special conditions to mitigate impacts of the proposed use and ensure consistency of the proposal with the Shoreline Management Act of 1971 and the Snoqualmie Shoreline Master Program, subject to the following:

1. The proposed use is consistent with the policies of RCW 90.58.020 and the Snoqualmie Shoreline Master Program;

2. The proposed use will not interfere with normal public use of public shorelines;

3. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and Snoqualmie Shoreline Master Program;

4. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;

5. The proposed use will not cause any net loss of shoreline function; and

6. The public interest suffers no substantial detrimental effect.

B. In granting all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.

C. Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program.

D. Uses which are specifically prohibited by the Snoqualmie Shoreline Master Program or applicable zoning may not be authorized as conditional uses. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.150 Variances.

A. Variances will be reviewed in accordance with WAC 173-27-170 and may be granted for the sole purpose of granting relief from specific bulk, dimensional or performance standards of the Snoqualmie Shoreline Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict application of these regulations will impose unnecessary hardship on the applicant or thwart the policies of RCW 90.58.020, or where strict application of shoreline use regulations would also recognize inconsistency with private property rights (WAC 173-26-186(5)).

B. Variances for development and/or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:

1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property;

2. That the hardship described in subsection A of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment;

4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

5. That the variance requested is the minimum necessary to afford relief; and

6. That the public interest will suffer no substantial detrimental effect.

C. Variances for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland, as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:

1. That strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property;

2. That the proposal is consistent with the criteria established under subsection B of this section; and

3. That the public rights of navigation and use of the shorelines will not be adversely affected.

D. In granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other development and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.

E. Variances from the use regulations of the master program are prohibited. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.160 Nonconforming structures and uses.

“Nonconforming use or structure” means a use or structure within shoreline jurisdiction, including critical areas and their associated buffers, which was lawfully established or constructed prior to the effective date of these shoreline regulations, but which does not conform to present standards or regulations.

A. Structures. Nonconforming structures may continue to exist or construction thereof be completed, as follows:

1. Nonconforming structures used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards, area, bulk or height may be maintained and repaired, and may be enlarged; provided, that such enlargement does not increase the extent of nonconformity by further extending to areas where construction would not be allowed for new construction, or increase the potential impact to a critical area, or increase the risk of harm or damage to existing uses, development, or the public.

2. Nonconforming structures used for a nonconforming use may not be enlarged.

3. Maintenance and repair of nonconforming structures shall be permitted.

4. Uses within nonconforming structures may be changed only to a conforming use.

B. Uses. Nonconforming uses may continue, as follows:

1. Nonconforming uses may continue, except as provided in subsections (B)(2) through (5) of this section, inclusive, but shall not be enlarged or expanded.

2. Nonconforming uses that can be discontinued without economic loss to owner or the user shall cease forthwith upon notification from the administrator.

3. Nonconforming uses that can be altered to become conforming without significant economic loss to the owner or user shall be so altered upon notification from the administrator.

4. Nonconforming uses that will result in increasing or long-term damage to the shoreline ecological functions shall cease upon a finding by the hearing examiner that such increasing or long-term damage is likely to result unless the use or activity is abated.

5. Nonconforming uses discontinued for a period of one year or more shall not be re-established.

C. A use listed as a conditional use but which existed prior to adoption of the master program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use.

D. If a nonconforming development is damaged to an extent not exceeding 75 percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained, the restoration is completed within two years of permit issuance and is consistent with the floodplain regulations.

E. Where circumstances of nonconformance occur within shoreline jurisdiction that are not regulated by the standards in this section, the city may rely on criteria in WAC 173-27-080 for further interpretation. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.170 Hearing examiner.

The hearing examiner shall hear and determine application for shoreline variances and shoreline conditional use permits subject to Department of Ecology approval, and shall hear and determine all matters specifically requiring a finding by the hearing examiner. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.180 Appeal.

A. Appeals of the final decision of the city with regard to shoreline management consistent with permit review criteria of SMC 19.08.090 shall be governed by the provisions of RCW 90.58.180.

B. Appeals to the State Shorelines Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/property owner or any aggrieved party pursuant to RCW 90.58.180.

C. The effective date of the city’s decision shall be the date of filing with the Department of Ecology as defined in RCW 90.58.140. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.190 Amendments and boundary changes.

A. The provisions of the Snoqualmie Shoreline Master Program, the shoreline jurisdictional boundaries, the shoreline environment boundaries and the provisions of this chapter may only be amended after a public hearing on the proposed amendment by the planning commission at which public comment is received and subject to approval by the Department of Ecology.

B. All amendments acted upon by the city council shall be transmitted to the Department of Ecology for its review, and, if approved, shall become effective 14 days after such approval. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.200 Public hearing rules.

All public hearings conducted under authority of this chapter shall be held according to the following rules:

A. The date, time, place and matter for hearing shall be advertised in the official newspaper at least 10 but not more than 20 days prior to the date of the hearing.

B. Hearings may be continued to a specific time and place, and no further notice of such continuance shall be required.

C. Where specific parcels of property are involved, hearing notice containing the same information as required to be published shall be mailed at least 12 days prior to the hearing date to the owners of record of the property involved and to the owners of record of all properties within 500 feet of the boundaries of the property involved in the hearing.

D. All notices shall contain both a legal and a common description of the property involved.

E. Public hearings to amend the Snoqualmie Shoreline Master Program shall be in accordance with WAC 173-26-090, 173-26-100, and 173-26-104, as they now exist or may hereafter be amended.

F. A record shall be kept of all hearings, which shall be a public record.

G. Conduct of all hearings will be in accordance with such local rules as may have been approved by resolution or in the absence thereof, in accordance with Robert’s Rules of Order. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.210 Permit procedures and enforcement to be consistent with constitutional limitations on regulation of private property.

Permit procedures and enforcement shall be conducted in accordance with the process set forth in a publication entitled “State of Washington, Office of the Attorney General, Advisory Memorandum and Recommended Process for Evaluating Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Takings of Private Property,” using the most recent annual update. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.220 Penalties.

In addition to the civil liabilities imposed by RCW 90.58.210, as it now exists or may hereafter be amended, which is incorporated herein by reference, any person who shall willfully violate any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate and separately punishable offense. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.230 Enforcement.

A. Application for or acceptance of any permit or approval for any use, activity or development proposal constitutes the consent of the applicant for the administrator to enter the subject site during regular business hours to inspect any use, activity or development proposal for which a permit or approval has been applied for or granted to ensure compliance with the provisions of this chapter, to verify the accuracy of information provided by the applicant or to verify that work is being performed in accordance with approved plans and permits.

B. Stop Work Orders. In the event the administrator shall determine that any use, activity or construction on a development proposal is not in compliance with the requirements of this chapter or the conditions of any permit or approval relating to critical areas, the administrator is authorized to issue a stop work order. The stop work order shall be posted prominently on the site. When a stop work order has been posted, the use, activity or construction on the development proposal shall not continue until the violation has been corrected. It shall be a misdemeanor to continue the use, activity or construction on a development proposal after the posting of a stop work order, and it shall further be a misdemeanor to remove a stop work order prior to correction thereof.

C. Enforcement Penalties. Any unauthorized alteration of a critical area or buffer shall constitute a public nuisance subject to abatement, and any knowing and intentional unauthorized alteration of a critical area or buffer shall constitute a misdemeanor. Each day of violation shall constitute a separate offense. The administrator or his or her designee shall have a right to enter upon any property at reasonable times and to make such inspection necessary to determine compliance with the provisions of this chapter. If the property is occupied, the administrator shall make reasonable effort to locate the owner or person in charge to request entry. The administrator is further authorized to take such actions as may be necessary to enforce the provisions of this chapter.

D. Notice to Restore. In addition to all other remedies, the administrator shall have the authority to issue a notice to restore any unauthorized alteration of the environment within a reasonable time specified in the notice. For purposes of this subsection, what constitutes a reasonable time shall be determined with due consideration of the environmental harm caused by the alteration and the potential environmental harm caused by delay in restoration. The notice shall be given by in-person delivery, or mailing to the person responsible for the alteration, to his agent, or to the record owner of the property, and shall be given by certified mail, return receipt requested, and ordinary mail; provided, the failure of the addressee to accept the certified mailing shall not affect the administrator’s authority hereunder. If the site is not restored within the time specified in the notice, then the administrator may cause the site to be restored to the extent necessary to prevent further environmental harm, and the person responsible for the alteration shall be responsible for the full cost of such restoration.

E. Permit Revocation. In addition to all other remedies, a permit or approval that is subject to critical areas review may be revoked or suspended upon a finding by the administrator that the development is proceeding in violation of any of the terms or conditions of the permit or approval relating to the critical areas.

F. Administrative Rules. The administrator shall have the authority to adopt administrative rules not inconsistent with the provisions of this chapter that are necessary for the implementation of this chapter and to incorporate best management practices in any alterations authorized under this chapter. If any administrative rule prescribed or authorized by this chapter has not been adopted at the time of an application requiring critical areas review, the administrator shall have the authority to require the use of appropriate guidance documents recommended by the Department of Ecology or standards recommended by the city’s qualified critical areas consultant.

G. The city attorney may bring such injunctive, declaratory or other action as may be necessary to ensure that no uses are made of the shorelines of the state in conflict with the provisions of this chapter and to otherwise enforce its requirements. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.240 Other permits and certificates.

Nothing in this chapter shall preclude any requirement to obtain any permit, certificate, license or approval from any federal, state or local government or agency thereof. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.250 Severability.

If any provision of this chapter, or its application to any person or legal entity, or in any particular circumstances, is held to be invalid, the remainder of the provisions of this chapter or the application hereof to other persons or in other circumstances shall not be affected thereby. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.260 Liberal construction.

This chapter shall be liberally constructed to give full effect to the objectives and purposes for which it was enacted. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.270 Fees applicable to critical areas.

A. The development proposal applicant is responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, peer review by qualified consultants, and other work prepared in support of, or necessary for, compliance with the city’s critical areas review process.

B. The applicant shall be responsible for monitoring and maintaining critical areas if such action is required as a condition of permit approval. Performance bonds may be withheld until all work is satisfactorily completed, including post-construction mitigation activity.

C. The applicant shall also be responsible for the city’s review or peer review of performance standards as conducted, and for necessary monitoring and maintenance reports.

D. The fees, costs, expenses and deposits as may be required for submittals under this section shall be as set forth in the city’s taxes, rates and fees schedule, as may be amended from time to time. (Ord. 1252 § 5 (Exh. A), 2021).

Article IV. Substantive Provisions – General

19.08.290 Applicability.

A. These regulations apply within shoreline jurisdiction, which is that area depicted on the shoreline map, including the floodway of the Snoqualmie River as depicted on the most recent flood insurance rate map as adopted in Chapter 15.12 SMC, subject to the provisions of subsection B of this section. The official shoreline map, together with all explanatory matters thereon, is adopted by reference and declared to be a part of this chapter.

B. In the event of uncertainty arising from interpretation of the shoreline map or conflict between the shoreline map and the following criteria, the totality of lands within the following criteria defining shoreline jurisdiction as determined by survey shall control:

1. The Snoqualmie River, Kimball Creek below its confluence with Coal Creek, Borst Lake, and the lands underlying them;

2. The area 200 feet landward of the ordinary high water mark of the Snoqualmie River, Kimball Creek below its confluence with Coal Creek, and Borst Lake;

3. All wetlands associated with the Snoqualmie River, Kimball Creek below its confluence with Coal Creek, and Borst Lake;

4. The floodway and contiguous floodplain areas within 200 feet of the mapped floodway of the Snoqualmie River as depicted on the FEMA flood insurance rate map as adopted by Chapter 15.12 SMC;

5. All lands lying 200 feet landward of the designated floodway of the Snoqualmie River as depicted on the FEMA flood insurance rate map adopted by Chapter 15.12 SMC, and Borst Lake. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.300 Conformity required.

A. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, WAC 173-27-010 through 173-27-220, the Shoreline Management Act, and the goals, policies and regulations of the Snoqualmie Shoreline Master Program, whether or not a permit is required.

B. Application and interpretation of exemptions shall be subject to the following:

1. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process.

2. The city adopts the developments exempt from substantial development permit requirement in WAC 173-27-040(2) by reference. An exemption from the substantial development permit process in WAC 173-27-040(2) is not an exemption from compliance with the act or the local master program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to the local master program, or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance.

3. The burden of proof that a development or use is exempt from the permit process is on the applicant.

4. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project.

5. Conditions may be attached to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and the shoreline master program.

6. Projects that require Federal Rivers and Harbors Act Section 10 permits and/or Federal Clean Water Act Section 404 permits that are determined to be exempt from the substantial development permit requirements shall submit a letter of exemption pursuant to WAC 173-27-050. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.310 Avoidance of net loss of shoreline ecological functions.

In administering all of the provisions of this code, the administrator shall be guided by the overriding principle that all shoreline uses, activities, modifications and development within the city’s shoreline jurisdiction result in minimal impacts to, and no net loss of, shoreline ecological function, regardless of whether a shoreline permit is required, and shall take appropriate enforcement actions to prevent violations of this code. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.320 Application of zoning and other regulations.

These shoreline regulations impose special regulations to implement the requirements of the Shoreline Management Act of 1971, in addition to the underlying zoning and regulations of general applicability. They are not intended to permit any use or development which is not otherwise allowable within shoreline jurisdiction under applicable zoning regulations or which is not in conformity with other regulations of general applicability, including but not limited to flood hazard regulations, clearing and grading regulations, stormwater regulations, platting and subdivision regulations and building regulations. In the event of conflict between this chapter and any other chapter of this code, this chapter shall control within shoreline jurisdiction. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.330 Shoreline environments designated.

A. There are established the following shoreline environments for land located within the corporate limits of the city, the location of which is shown on the Shoreline Map A.1 and Descriptions A.2 in Appendix A to the Snoqualmie Shoreline Master Program:

1. Natural environment.

2. Urban conservancy environment.

3. Urban riverfront environment.

4. Hydropower environment.

5. Urban floodplain environment.

6. Aquatic environment.

In the event of a conflict between the map (A.1) and the environment descriptions (A.2), the narrative environment descriptions shall control.

B. The shoreline environments are established for the purpose of establishing specific regulations applicable within that environment. Shoreline regulations not identified as specific to a shoreline environment apply within all shoreline environments.

C. All areas within the urban growth area that fall under shoreline jurisdiction when annexed are hereby designated urban floodplain.

D. Pursuant to WAC 173-26-211(2)(e), any areas within the shoreline jurisdiction that are not mapped and/or described in Appendix A, Map A.1 and Descriptions A.2, shall be automatically assigned an “urban conservancy” designation until the shoreline can be redesignated through a shoreline master program amendment. (Ord. 1252 § 5 (Exh. A), 2021).

Article V. Substantive Provisions – Shoreline Use and Development

19.08.340 Allowable uses within shoreline environments.

When otherwise allowable by applicable zoning, subject to any additional provisions in this chapter, and consistent with WAC 173-27-060, the following uses shall be permitted (P), permitted as a shoreline conditional use (C), or prohibited (X) within the respective shoreline environments, provided, a use may be designated as not applicable (NA) in certain shoreline environments as specified in Table 19.08.340-1:

Table 19.08.340-1. Shoreline Use Table
Shoreline Use		Shoreline Environment Designations
Shoreline Use		Urban Riverfront	Urban Riverfront Conservancy	Urban Floodplain	Urban Conservancy	Hydropower	Natural	Aquatic
Shoreline Use
Agriculture		X	X	P	P	X	X	X
Aquaculture
	Commercial aquaculture	X	X	X	X	X	X	C
	Noncommercial aquaculture	C	X	C	C	C	X	C
Boating facilities
	Piers, docks and floats	X	C1	C1	C1	X	X	C
	Canoe, kayak, small nonmotorized vessel launches	X	X	NA	C1	P3	X	C
	Live-aboard vessels	X	X	X	X	X	X	X
Commercial development (retail, commercial)		P	X	P	P	P	X	X
Dredging		NA	NA	NA	NA	NA	NA	C
Habitat and natural ecosystem restoration and enhancement		P	P	P	P	P	P	P
Fill		P2	P2	P2	P2	P2	P2	C4
Hydropower generation		X	X	X	X	P	X	P
Light industrial		C	X	C	X	X	X	X
In-stream structural uses		X	X	X	X	X	X	P
Institutional		P	P	P	P	P	X	NA
Mining		X	X	X	X	X	X	X
Parks and open space		P	P	P	P	P	P	NA
Recreational facilities
	High intensity active, see definition in SMC 19.08.040	X	X	P	P	X	X	NA
	Low intensity active, see definition in SMC 19.08.040	P	P	P	P	X	X	NA
	Paved and unpaved pedestrian and bicycle trails, boardwalks, public access viewing areas	P	P	P	P	P	P	NA
	Piers and footings for decks, elevated boardwalks and overwater viewing areas	P5	P5	P	P	C	C	C
	Trailhead facility – small restroom buildings and pervious parking areas with 20 or fewer spaces	P	P	P	P	P6	P	X
	Trailhead facility – restroom buildings and pervious parking areas with more than 20 spaces	X	X	P	P	P6	C	X
	Public/private campgrounds for tents, yurts, and/or recreational vehicles	X	X	X	C	X	X	X
Residential development
	Single-family	X	X	P	P	X	X	X
	Multifamily	X	X	X	X	X	X	X
	Second story SF or MF dwelling units above nonresidential uses	P	X	P	X	X	X	X
Shoreline stabilization
	Structural	P	P	P	C	P	C	X
	Nonstructural	P	P	P	P	P	P	P
Transportation facilities
	Roads	P	P	P	P	P	C	NA
	Bridges	P	P	P	P	P	C	C
	Railroads	X	X	P	X	P	C	C
	Parking (standalone)	X	X	C	X	X	X	X
	Parking as accessory to permitted use	P	P	P	P	P	C	X
Utilities		P	P	P	P7	P	P7	P

1 Permitted as a conditional use permit only within the urban floodplain and urban conservancy environments associated with Borst Lake.

2 Fill is only permitted when allowed by Chapter 15.12 SMC, Flood Hazard Regulations; fill of wetlands is only permitted when allowed by Article VI of Chapter 19.08 SMC and may require a shoreline conditional use permit.

3 Only allowed below Snoqualmie Falls.

4 Permitted as a conditional use permit only as part of a habitat or natural ecosystem restoration project, or as part of an approved flood control project.

5 Only piers and footings for decks, overwater viewing areas and elevated boardwalk trails associated with the Riverwalk trail as identified in the approved Riverwalk master plan.

6 Within FERC boundary and subject to current hydropower license.

7 Subject to no feasible alternative.

(Ord. 1252 § 5 (Exh. A), 2021).

19.08.350 Lot size, setbacks or yards and height requirements.

A. Lot size, yard setbacks and height requirements for structures and uses permitted within shoreline jurisdiction shall be those established for such structure or use by the underlying zoning in SMC Title 17.

B. Any new or expanded building or structure of more than 35 feet above average grade level on or within 200 feet of shorelines of the state shall require a view analysis in accordance with RCW 90.58.320 and shall not obstruct the view of a substantial number of residences on areas adjoining such shorelines.

C. Shoreline setbacks are measured landward from the ordinary high water mark (see SMC 19.08.040 for the full definition) as follows:

1. The following setbacks apply along the left bank of the Snoqualmie River within the urban riverfront environment, generally located between S.E. Fir Street and Euclid Avenue:

a. One hundred feet for new or expanded residential, commercial, recreational (except as provided below), or institutional uses or structures as allowed in the Shoreline Use Table (SMC 19.08.340-1);

b. Twenty-five feet for water-enjoyment recreational uses, including only “Paved and unpaved pedestrian and bicycle trails, boardwalks, public access viewing areas” and “Piers and footings for decks, elevated boardwalks and overwater viewing areas” as identified in the Shoreline Use Table (SMC 19.08.340-1); and

c. Water-dependent development can be allowed within the setback.

2. The following setbacks apply along the left bank of the Snoqualmie River within the urban riverfront conservancy sub-environment, generally located between Euclid Avenue and Meadowbrook Way:

a. One hundred feet for new or expanded residential, commercial, recreational (except as provided below), or institutional uses or structures as allowed in the Shoreline Use Table (SMC 19.08.340-1);

b. Seventy-five feet for water-enjoyment recreational uses, including only “Paved and unpaved pedestrian and bicycle trails, boardwalks, public access viewing areas” and “Piers and footings for decks, elevated boardwalks and overwater viewing areas” as identified in the Shoreline Use Table (SMC 19.08.340-1); and

c. Water-dependent development can be allowed within the setback.

3. A 200-foot setback applies along the Snoqualmie River South Fork and right bank of Snoqualmie River main stem within the natural shoreline environment, except water-dependent uses may be allowed within the setback.

4. Areas of the Snoqualmie River not identified in subsection (C)(1), (C)(2), or (C)(3) of this section shall have a 100-foot setback. Water-dependent uses may be allowed within the setback.

5. Except for water-dependent, structural shoreline stabilization (revetments), shoreline physical and/or visual public access, transportation facilities (SMC 19.08.525), and utilities (SMC 19.08.530), no structures may be constructed/located within the shoreline setbacks defined above, except as allowed by this chapter.

6. Notwithstanding the shoreline setback dimensions specified in subsection (C)(1) of this section, where a street or road existing as of January 1, 2020, within a shoreline setback, can be demonstrated through a critical areas report materially interferes with, diminishes, or eliminates setback functions, the shoreline setback shall extend only to the waterward boundary of such existing street or road.

D. Impervious surface shall be limited to the following allowances:

Table 19.08.350-1. Maximum Allowed Impervious Surface
	Environment
	Urban Riverfront	Urban Riverfront Conservancy	Urban Floodplain	Hydropower	Urban Conservancy	Natural	Aquatic
Impervious Surface Maximum (percent of lot area)	100/50%1	20%	100/75%2,3	85/20%4	10%	5%	N/A

1 Allowable impervious surface is 100 percent for properties zoned business, residential, and properties zoned open space are allowed 50 percent.

2 Allowable impervious surface is 100 percent for properties zoned business, residential, and properties zoned open space are allowed 75 percent.

3 Essential public facilities, as identified in WAC 365-196-550, are allowed 100 percent impervious surface. All other uses are limited to 75 percent.

4 Above the Snoqualmie Falls the allowable impervious surface is 85 percent, below the Falls is 20 percent.

(Ord. 1252 § 5 (Exh. A), 2021).

19.08.360 Agriculture.

A. Agricultural activities existing on agricultural land may continue without modification or limitation, as provided in RCW 90.58.065, the definitions of which are hereby incorporated herein by this reference.

B. New agricultural uses on Meadowbrook Farm are permitted when consistent with the approved Meadowbrook Farm master plan,

C. New and expanded agricultural activities on lands not meeting the definition of agricultural lands are permitted subject to compliance with the critical areas requirements of this chapter and best management practices to control pollution.

D. Agricultural lands may be converted to other uses consistent with the use regulations of this chapter and the underlying zoning. All such other uses shall comply with all other applicable regulations of this code. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.370 Aquaculture.

A. “Noncommercial aquaculture” is defined as a water-dependent, preferred use, involving the culture or farming of fish, shellfish, or other aquatic plants and animals, undertaken for conservation or habitat restoration purposes, including hatcheries, rearing ponds, spawning channels, water diversion structures and groundwater wells. Except within the natural environment, noncommercial aquaculture shall be permitted as a conditional use provided impacts to shoreline ecological function are avoided or mitigated; and provided, that the administrator determines that all other provisions of this section are met.

B. “Commercial aquaculture” is defined as a water-dependent, preferred use, involving the culture or farming of fish, shellfish, or other aquatic plants and animals, undertaken for commercial purposes, including facilities intended for rearing, production, and processing of aquatic plants and animals for sale. Commercial aquaculture shall be prohibited except where permitted as a conditional use consistent with Table 19.08.340-1. Commercial aquaculture shall only be permitted for small-scale operations where impacts to shoreline ecological function are avoided or mitigated and where no impacts to public use and navigation of shorelines would occur; and provided, that the administrator determines that all other provisions of this section are met.

C. The application for an aquaculture permit shall include the following:

1. Species to be reared;

2. Aquaculture method(s);

3. Anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals, and their predicted adverse impacts;

4. Harvest and processing methods;

5. Method of waste management and disposal;

6. Best available background information and probable adverse impacts on water quality, biota, and any existing shoreline or water use;

7. Method of predator control;

8. A description of the proposed use of lights and noise-generating equipment, and an assessment of adverse impacts upon surrounding uses; and

9. Such other information as the administrator may require.

D. Review criteria for permits associated with aquaculture uses will ensure:

1. No net loss of local ecological conditions or function through mitigation or avoidance.

2. Associated facilities are designed and located so as not to spread disease to native aquatic life, or establish new nonnative species.

3. No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals shall be used until approved by all appropriate state and federal agencies, including but not limited to the Washington State Departments of Fish and Wildlife and Ecology, and the U.S. Food and Drug Administration. Evidence of such approval shall be submitted to the administrator.

4. Aquaculture facilities and equipment that come into contact with the water shall contain no substances that are toxic to aquatic life, and aquaculture activities that would degrade water quality shall be prohibited.

5. No garbage, waste or debris shall be allowed to accumulate upon the site of any aquaculture use or activity, nor be discharged to any water body within shoreline jurisdiction.

6. Aquaculture activities shall meet all applicable state and federal requirements.

7. Aquaculture activities do not conflict with navigation and other water-dependent uses.

E. Permits for aquaculture shall contain such conditions as deemed necessary to comply with this chapter, and a bond or assigned account may be required to secure the performance of specific conditions as appropriate. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.380 Archaeological areas and historical sites.

A. In areas documented through a cultural resources report, on file with the city, containing archaeological resources, site inspection or evaluation by a professional archaeologist in coordination with the Snoqualmie Indian Tribe and/or the State Historic Preservation Officer shall be required.

B. If potentially significant archaeological resources or human remains are discovered during construction, all work shall stop in the affected area, and the affected area shall be flagged with construction tape or other identifying markers. The property owner, development, and/or contractor shall immediately inform the city, Snoqualmie Indian Tribe, and the State Historic Preservation Officer, and shall comply with all requirements of Chapter 27.44 or 27.53 RCW, as may be applicable.

C. Sites and structures listed on the national, state or local historic registers shall only be demolished or altered in compliance with regulations applicable to such sites and structures. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.390 Boating and boating facilities.

A. Motorized boating is prohibited on the Snoqualmie River and on Borst Lake.

B. Nonmotorized boating is permitted only on the Snoqualmie River below Snoqualmie Falls or above the Meadowbrook Bridge, and on Borst Lake. All boating downstream of Meadowbrook Bridge to Snoqualmie Falls is prohibited.

C. Launches for canoes, kayaks and other nonmotorized vessels are permitted on the Snoqualmie River below Snoqualmie Falls and above the Meadowbrook Bridge and on Borst Lake, where appropriate access can be provided consistent with protection of shoreline ecological functions and public safety. All new boating facilities shall include a condition requiring the provision of public access.

D. Launches for canoes, kayaks and other nonmotorized vessels, where permitted pursuant to subsection C of this section, shall be no wider than necessary to permit the launch of the intended vessels, and shall not extend waterward of the ordinary high water mark more than 10 feet measured perpendicularly; preferred launch ramp designs, in order of priority, are:

1. Gravel and cobble materials, or other natural surfacing;

2. Open grid designs with minimum coverage of substrate;

3. Precast concrete planks with segmented pads and flexible connections that leave space for natural substrate and can adapt to changes in substrate profile. In all cases, such segmented pads shall be used waterward of the OHWM.

E. Accessory facilities to the launches described in subsection D of this section may be allowed, including parking, restrooms or sanitary facilities and picnic facilities, and for boat rental facilities on Borst Lake, boat storage facilities and a rental office or kiosk sized appropriately for the intended rental operation.

F. Boat launches of any other nature are prohibited in all other locations, except for authorized police and emergency services boats, which may be established pursuant to a conditional use permit limiting the size and other characteristics of the launch to the intended function, and shall incorporate appropriate gates and signage prohibiting any use of such boat launch by any person or for any purpose other than authorized police and emergency service boats.

G. Piers, docks and floats are prohibited in all locations, provided, limited small-scale piers, docks and floats may be permitted as a conditional use on Borst Lake for canoes, kayaks and other nonmotorized vessels.

H. Docks, piers and floats, when permitted pursuant to subsection G of this section, shall not exceed six feet in width, and the waterward intrusion of any such pier, dock or float shall not exceed 24 feet measured perpendicularly from the ordinary high water mark, or the point where the water depth is eight feet below the ordinary high water mark, whichever is reached first.

I. Materials used for pilings, dock decking or other structural components associated with subsection G of this section, shall use:

1. Materials approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic or pentachlorophenol is prohibited in shoreline water bodies. ACZA-treated wood must meet post-treatment procedures;

2. Deck grating that allows at least 40 percent light penetration.

J. The location and design of all boat launches, piers, docks and floats, when permitted pursuant to this section, shall minimize interference with surface navigation, allow for the safe, unobstructed passage of fish and wildlife, particularly those dependent on migration, and shall consider impacts to public views.

K. The retrieval lines of floats shall be of such materials as to prevent their floating on or near the surface of the water. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.400 Commercial development.

A. The design of water-enjoyment commercial development, when permitted in the urban riverfront environment, shall incorporate to the maximum extent feasible public access features such as patios, decks, balconies and walkways affording customers and members of the public visual access to the Snoqualmie River. In addition the design of water-enjoyment commercial development shall provide for ecological restoration.

B. On-site parking required for commercial development, if any, in the urban riverfront environment shall be located landward of the building housing the principal use, except where historic overlay zone standards for site design within SMC 17.35.200 necessitate locating on-site parking to the rear or side of the commercial development. On-street and publicly owned parking lots on Falls Avenue and Railroad Avenue between Fir Street and Newton Street shall be deemed available for all commercial uses in the urban riverfront environment to reduce on-site parking requirements.

C. The Shoreline Use Table in SMC 19.08.340 implements through the determination of allowable uses the first preference to water-dependent uses and next preference to water-oriented uses, as such preference cannot be implemented on a permit-by-permit basis, provided, all commercial development requiring a shoreline conditional use permit, such preferences shall be considered in establishing appropriate conditions.

D. Nonwater-oriented commercial development in the urban floodplain environment if permitted must be physically separated by another property or right-of-way or consistent with the underlying zoning and all applicable provisions of this chapter, including but not limited to critical areas regulations.

E. Nonwater-oriented commercial development, when permitted in the urban conservancy environment, shall be consistent with the underlying zoning and, upon findings by the approving body, it shall preserve the largely undeveloped nature of this environment consistent with existing low intensity recreation and agricultural uses, preservation of floodplain storage functions, protection of publicly owned open spaces, and public access to the Snoqualmie River.

F. Commercial development in the hydropower environment shall be limited to those hydropower uses permitted by a Federal Energy Regulatory Commission license, and those commercial developments supporting hospitality and tourist uses.

G. No commercial development of any nature shall be permitted in the natural environment.

H. Nonwater-dependent commercial uses over water shall not be permitted except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.410 Dredging.

A. Dredging is prohibited in the aquatic environment except as part of an approved habitat or natural ecosystem restoration or enhancement project, or as part of a flood hazard reduction project as part of a long-term management strategy consistent with an approved flood hazard reduction plan.

B. Dredging for fill material is prohibited except for projects associated with state MTCA or federal CERCLA habitat restoration, or any other significant restoration effort approve by shoreline conditional use permit.

C. All dredging, when permitted, shall minimize impacts to the riverine geomorphic process and shall mitigate all significant ecological impacts.

D. Disposal of dredged material within shoreline jurisdiction is prohibited. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.420 Fill.

Fill shall be permitted within shoreline jurisdiction only when it complies with the following:

A. Fill is prohibited in the aquatic environment, except as part of a habitat or natural ecosystem restoration project, or as part of an approved flood control project.

B. Fill of wetlands or buffers within shoreline jurisdiction is permitted only as allowed by this chapter and integrated provisions of Chapter 19.12 SMC, Critical Areas, with full mitigation by providing replacement wetlands or buffers at the prescribed ratios.

C. In all other shoreline environments, fill is permitted only to the extent permitted by Chapter 15.12 SMC, Flood Hazard Regulations. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.430 Forest practices.

A. All forest practices within shoreline jurisdiction shall be conducted in compliance with the state’s Forest Practices Act for all forest management activities, including Class IV, General Forest Practices, where shorelines are being converted, or are expected to be converted, to nonforest uses.

B. All forest practices within shoreline areas shall be conducted to maintain the ecological function of the watershed’s hydrologic system.

C. With respect to timber situated within 200 feet abutting landward of the ordinary high water mark of the Snoqualmie River, only selective commercial timber cutting shall be allowed so that no more than 30 percent of the merchantable trees may be harvested in any 10-year period. Other timber harvesting methods may be permitted as a conditional use in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental.

D. Where forest lands are converted to another use, such conversion shall be conditioned to avoid significant adverse impacts on other shoreline uses, resources and values, such as recreation and public access. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.440 Habitat and natural ecosystem restoration and enhancement.

A. Habitat and natural ecosystem restoration and enhancement projects shall be allowed in all shoreline environments, including the programs and projects included in the shoreline master program shoreline restoration plan on file with the administrator.

B. Restoration and enhancement projects shall be consistent with the recommendations in the shoreline master program restoration plan to the maximum extent feasible. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.450 Industrial uses.

A. Industrial development, where allowed by this chapter and the underlying zoning, shall be conditioned by the hearing examiner so that buildings and structures are located, designed and constructed in a manner such that development does not have significant adverse impact to other shoreline resources and values.

B. Industrial uses and redevelopment are encouraged to be located where environmental cleanup and restoration can be accomplished.

C. All new industrial development shall include a condition requiring provision for public access unless such requirements would interfere with operations or create hazards to life or property.

D. The Shoreline Use Table in SMC 19.08.340 implements through the determination of allowable uses the first preference to water-dependent uses and next preference to water-oriented uses, as such preference cannot be implemented on a permit-by-permit basis, provided, such preferences shall be considered during the permitting process for all industrial development requiring a shoreline conditional use permit in order to establish appropriate conditions. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.460 In-stream structures.

A. In-stream structures are those structures waterward of the ordinary high water mark and either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flows.

B. In-stream structures, including those for hydroelectric generation, irrigation, water supply, waste and stormwater discharge, flood control, transportation, utility service transmission, fish habitat enhancement or other purpose, shall be only allowed when consistent with the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.

C. When allowed by subsection B of this section, in-stream structures shall be designed, constructed and maintained to provide for the protection and preservation of ecosystem-wide processes, ecological functions and cultural resources. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.470 Mining.

A. Existing mining operations within shoreline jurisdictions having a valid operating permit may continue in accordance with all terms and conditions of the existing permit.

B. New or expanded mining operations are prohibited within shoreline jurisdiction. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.480 Public access required for publicly funded facilities.

A. All publicly financed facilities, parks, trails and open spaces adjacent to the Snoqualmie River shall incorporate facilities such as boardwalks and viewing platforms to the maximum extent feasible to provide visual public access to the Snoqualmie River.

B. Publicly financed facilities, parks, trails and open spaces adjacent to the Snoqualmie River shall include facilities for physical access to the Snoqualmie River as appropriate and when consistent with public safety. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.490 Recreation facilities.

A. Recreational facilities include both commercial and public facilities.

B. Development of public recreational facilities within the shoreline jurisdiction shall be consistent with all adopted park, recreation and open space plans. Priority shall be given for access to and use of the water over other development.

C. High intensity active recreation facilities may be permitted only in the urban floodplain and urban conservancy environments, provided, in the urban conservancy environment the administrator must find that such uses are located and designed to avoid or minimize environmental impacts and are compatible with the purpose of the environment.

D. Low intensity active recreation facilities may be permitted in all shoreline environments except the natural and hydropower environments, provided, for the urban conservancy and urban riverfront environments the administrator must find that such uses are consistent with public safety.

E. Pedestrian and bicycle trails, boardwalks, and a limited number of river and lake viewing areas and platforms shall be consistent with the shoreline setback standards provided in SMC 19.08.350(C), applicable buffer, and the vegetation management corridor of the Snoqualmie River, Kimball Creek, and Borst Lake, provided trail locations and design are consistent with the purposes of the environment in which they are located and approved by the administrator.

F. Construction of pedestrian and bicycle trails and boardwalks, river or lake viewing areas, or nonmotorized boating put-in and take-out areas shall be subject to all conditions for mitigation that may be imposed as a result of an assessment of impacts of such facilities on shoreline ecological functions.

G. Trail designs shall be consistent with the adopted city trail standards, provided design for regional trail segments located within the city’s shoreline areas shall be consistent with King County trail standards.

H. Pedestrian and bicycle trails and boardwalks, river or lake viewing areas, or nonmotorized boating put-in and take-out areas shall be located to avoid removal of large/mature trees, minimize disturbance of native vegetation, utilize existing disturbed/cleared areas, and otherwise avoid and minimize impacts to natural resources, all to the maximum extent practicable.

I. A habitat management plan (HMP) shall be prepared for any pedestrian and bicycle trails, boardwalks, and river viewing points constructed in the urban riverfront environment within 100 feet of the OHWM of the Snoqualmie River. The HMP shall maximize ecological functions and values through one or more measures. Where impacts to riparian habitat cannot be fully avoided, a compensatory mitigation plan is required to replace the functions and values lost or disturbed due to trail development. The HMP shall be prepared in accordance with the requirements for critical areas studies in SMC 19.12.060 and 19.12.090. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.500 Residential development.

A. New residential subdivisions and multiunit residential development shall be designed, configured and developed to prevent the loss of ecological functions at build-out, prevent the need for new shoreline stabilization or flood hazard reduction measures, and be consistent with applicable shoreline environment designations and standards.

B. To the extent consistent with constitutional principles, new multiunit development and subdivisions of more than four lots shall include public access in conformance to local public access plans. Where such a requirement is inconsistent with constitutional principles, provision of such public access is encouraged.

C. Access, utilities, and public services must be available and adequate to serve existing needs and/or planned future development.

D. Over-water residences and floating homes are prohibited within shoreline jurisdiction.

E. In the limited area of shoreline jurisdiction where single-family residential use is allowed per SMC Title 17 (Zoning), such use shall be considered a priority shoreline use consistent with WAC 173-26-241(3)(j). (Ord. 1252 § 5 (Exh. A), 2021).

19.08.510 Shoreline modifications and stabilization.

A. Shoreline stabilization includes all structural and nonstructural shoreline modifications to address erosion impacts to property and dwellings, businesses or structures caused by natural processes, such as flooding and channel movement.

B. Shoreline stabilization measures are allowed when protecting existing primary structures; new nonwater-dependent development, including single-family residences; water-dependent development; restoration of ecological functions or hazardous substance remediation projects pursuant to Chapter 70.105D RCW; public infrastructure; and property. Shoreline stabilization measures may be constructed within the shoreline setback.

C. All new development near the riverfront shall be located and designed to avoid the need for future structural shoreline stabilization measures to the greatest extent practicable. New development that would require shoreline stabilization which causes significant impacts to adjacent or downstream properties shall be avoided or minimized.

D. When new, enlarged or replacement shoreline modifications for stabilization are proposed, the feasibility of nonstructural shoreline stabilization measures shall be evaluated. Nonstructural measures to protect public and private property include elevating or relocating structures, increasing buffers, enhancing vegetation, managing drainage and runoff. Nonstructural measures shall be required when determined feasible, and shall be preferred over structural shoreline stabilization methods.

E. Structural shoreline stabilization measures to protect public and private property shall be allowed only when necessity is demonstrated by conclusive evidence, documented by a geotechnical analysis that existing primary structures or infrastructure is in danger from shoreline erosion caused by currents or floods, and damage from such erosion will occur within three years of the geotechnical analysis. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.

F. When structural shoreline stabilization measures are allowed, the use of soft structural measures, such as bioengineered methods (e.g., jute netting and live staking) or biotechnical methods (e.g., erosion control matting and live cribbing) that provide restoration of ecological functions shall be used, unless a geotechnical report demonstrates that soft structural stabilization measures will not be sufficient and hard structural methods (riprap and gabion walls) are required. Such geotechnical analysis shall address the necessity for shoreline stabilization by estimating the time frames and rates of erosion and report on the urgency associated with the specific situation.

G. The size of structural shoreline stabilization measures shall be limited to the minimum necessary and publicly financed or subsidized shoreline erosion control measures shall not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions.

H. Replacement of existing shoreline stabilization structures may be allowed based on demonstrated need. Waterward encroachment of replacement shoreline stabilization structures is allowed only for residences occupied prior to January 1, 1992, and when there are overriding safety or environmental concerns.

I. Publicly financed or subsidized shoreline erosion control measures shall not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security or harm to ecological functions. Where feasible, incorporate ecological restoration and public access improvements into the project.

J. New stabilization structures for existing structures that are primarily residential are allowed only when no alternatives are feasible, including relocation or reconstruction of an existing structure, and less expensive than the proposed stabilization measure, and then only if no net loss of ecological functions will result. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.520 Institutional development.

A. Institutional development shall be designed so that buildings and structures are located, designed and constructed in a manner that such development does not have significant adverse impact to other shoreline resources and values, and be consistent with applicable shoreline environment designations and standards.

B. The maintenance, repair and replacement of existing institutional facilities are permitted in all shoreline environments.

C. Access, utilities, and public services must be available and adequate to serve existing needs and/or planned future development. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.525 Transportation and parking facilities.

A. Existing transportation facilities may be maintained, repaired and replaced in all shoreline environments, and within the shoreline setback.

B. New roads, railroads and associated bridges are prohibited in the natural environment unless the applicant can demonstrate that there is no feasible alternative, and that all reasonable measures have been incorporated in the design to ensure that the facility is compatible with the purposes of the natural environment to the maximum extent possible consistent with achieving the purpose for the transportation facility.

C. New transportation facilities are permitted in all shoreline environments except the natural environment subject to compliance with all applicable regulations of this code, provided roads, railroads, and associated bridges are prohibited in the natural environment as set forth in subsection B of this section.

D. New or upgraded roads within shoreline jurisdiction shall include adequate facilities for pedestrians, bicycles, and public transportation as appropriate; and shall provide for concurrent use as utility rights-of-way including at bridge crossings.

E. Connections shall be provided between new and existing trails and bicycle paths.

F. Circulation systems shall be located and designed to minimize impacts that might occur to the natural features and functions of the shoreline.

G. Parking as a stand-alone use shall not be allowed in any shoreline environment, except with a conditional use permit in the urban riverfront environment.

H. Parking or loading facilities necessary to support an authorized shoreline use may be allowed in shoreline areas only when:

1. They are allowed by the underlying zoning; and

2. The applicant can demonstrate that no other alternative location is feasible to serve the primary use of the site; and

3. The facility will not result in a net loss of ecological functions.

I. For permitted water-oriented uses that require parking or loading facilities, allowed parking shall be located landward of the allowed use and outside of required shoreline buffers and setbacks.

J. New transportation facilities shall be located outside of shoreline setbacks, buffers, and vegetation management corridors to the greatest extent feasible. The shoreline administrator may allow new transportation facilities within the shoreline setback, buffer, and/or vegetation management corridor upon finding that:

1. It is not feasible to locate new transportation facilities outside the shoreline setback;

2. All reasonable measures have been incorporated in the design to ensure that the transportation facility is compatible with the purposes of the shoreline environment designation where the facility will be located to the maximum extent possible consistent with achieving the purpose for the transportation facility; and

3. The new transportation facility is subject to all mitigation conditions that may be imposed to address potential impacts of such facility on shoreline ecological functions. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.530 Utilities.

A. The maintenance, repair, and replacement of existing utilities is permitted in all shoreline environments.

B. Utilities shall be located in existing rights-of-way whenever feasible (including existing transportation rights-of-way), and where new over-water utilities are proposed they shall be located at existing or approved bridge crossings.

C. New utilities or the extension of existing utilities is prohibited in the natural environment and the urban conservancy environment unless an applicant can demonstrate there is no feasible alternative, and that all reasonable measures have been incorporated in the design to ensure that the utility is compatible with the purposes of the natural environment or urban conservancy environment as applicable to the maximum extent possible consistent with achieving the purpose for the utility.

D. New utility production and processing facilities and transmission facilities are prohibited in all shoreline environments with the exception of the continued operation of the hydropower facility in the hydropower environment consistent with any license issued by the Federal Energy Regulatory Commission.

E. Where utilities do exist, utility services routed through shoreline areas shall not be a sole justification for more intense development.

F. New utilities and/or utility facilities shall be located outside of shoreline setbacks, buffers, and vegetation management corridors to the greatest extent feasible. The shoreline administrator may allow new utilities and/or utility facilities within the shoreline setback, buffer, and/or vegetation management corridor upon finding that:

1. It is not feasible to locate new utilities and/or utility facilities outside the shoreline setback;

2. All reasonable measures have been incorporated in the design to ensure that the utility is compatible with the purposes of the shoreline environment designation where the utility will be located to the maximum extent possible consistent with achieving the purpose for the utility; and

3. The new utility and/or utility facility is subject to all mitigation conditions that may be imposed to address potential impacts of such facility on shoreline ecological functions. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.540 Vegetation management corridor.

A. There are hereby established vegetation management corridors on the Snoqualmie River, Kimball Creek, and Borst Lake that are coextensive with the critical area buffers required by Article VI of this chapter through integrated critical areas standards, except in the urban riverfront shoreline environment designation where the vegetation management corridor extends 100 feet from the OHWM of the Snoqualmie River.

B. Within vegetation management corridors, the removal of vegetation, other than nonnative invasive species and danger trees, is prohibited except as specifically allowed by these regulations.

C. Within vegetation management corridors, vegetation may be removed and/or pruned to provide a permitted trail, boardwalk, or viewing platform for public access and enjoyment including accessory facilities such as individual picnic tables, interpretive or wayfinding signage, benches and water fountains. When permitted, clearing and vegetation removal shall be the minimum necessary to accommodate the permitted development. Trees removed, greater than 16 inches in diameter at breast height, shall be mitigated by a minimum ratio of three trees planted to one tree removed. Replanting shall be accomplished to the extent feasible with species native to the Snoqualmie River basin. Replanted areas shall be maintained as necessary to ensure that vegetation is fully reestablished within three years and shall be monitored for five years.

D. Within the vegetation management corridors of Borst Lake and the Snoqualmie River below Snoqualmie Falls, a limited number of put-in and take-out points for nonmotorized boating shall be permitted provided the total number, locations and design shall be reviewed for consistency with public safety and the protection of shoreline ecological functions.

E. Vegetation management activities shall be designed to achieve the following vegetation characteristics: diversity of plant species, continuity of habitat and ecological processes, production of snags and downed wood debris, and diverse habitat and edge conditions.

F. A vegetation management plan shall be prepared and submitted for approval by the administrator prior to the issuance of any permit or approval for development in the vegetation management corridor.

G. Nonnative or noxious species may be removed by manual or mechanical means. Herbicides may be used at the discretion of the administrator when demonstrated that use of manual or mechanical means is insufficient to remove and/or control nonnative or noxious species and when use of herbicides is consistent with King County Noxious Weed Control Program best management practices for control of nonnative or noxious species. Only the use of herbicides approved by the Department of Ecology is allowed.

H. Native vegetation removal, other than invasive species, on steep or unstable slopes is prohibited unless part of a project.

I. During construction, best management practices for erosion and sedimentation control during construction shall be employed. Vegetation removal that would likely result in significant erosion or the need for shoreline stabilization measures is prohibited. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.550 Water quality.

A. The requirements of Chapter 15.18 SMC, Surface Water and Stormwater Management, shall be administered in a manner consistent with all of the requirements of this chapter to provide the maximum protection against adverse impacts to water quality and stormwater quantity from all permitted shoreline uses, activities, modifications, and development. When the exercise of discretion is authorized by Chapter 15.18 SMC, it shall be exercised in a manner to provide the greatest protection of shoreline ecological function.

B. All shoreline uses, activities, modifications, and development that involve ground-disturbing activities shall require approval of a temporary erosion and sedimentation plan by the public works department, regardless of whether any other permit or approval is required.

C. Low-impact surface and stormwater management techniques shall be utilized if existing site conditions allow for it.

D. New development and all existing development currently using septic systems shall connect to the city’s sanitary sewer system where sewer service is available consistent with requirements of SMC 13.04.060. (Ord. 1252 § 5 (Exh. A), 2021).

Article VI. Substantive Provisions – Critical Areas

19.08.560 Critical areas provisions adopted by reference.

A. The city of Snoqualmie critical areas ordinance, as adopted by Ordinance 1176 (June 13, 2016) and codified in Chapter 19.12 SMC, is herein adopted by reference into this program, except for as provided in subsection C of this section.

1. The provisions of the critical areas ordinance shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required.

2. Within shoreline jurisdiction, the provisions of the critical areas ordinance shall be liberally construed together with this shoreline master program to give full effect to the objectives and purposes of the provisions of this program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the shoreline master program, the more restrictive provision(s) shall prevail.

3. Minimal Impacts and No Net Loss. All the regulations of this chapter and Chapter 19.12 SMC, as incorporated by reference, shall be applied to uses, activities, modifications, and development within shoreline jurisdiction in order to ensure minimal impacts to and no net loss of shoreline ecological function.

B. Critical areas regulated within shoreline jurisdiction include:

1. Geologically hazardous areas and any required buffers including:

a. Erosion hazard areas;

b. Landslide hazard areas;

c. Steep slope hazard areas; and

d. Seismic hazard areas;

2. Channel migration and erosion hazard zones;

3. Frequently flooded areas;

4. Streams and required buffers;

5. Wetlands and required buffers, except that when an associated wetland is located at the outer edge of shoreline jurisdiction, all provisions and administrative procedures of Chapter 19.12 SMC shall regulate the buffer where the buffer extends outside of shoreline jurisdiction;

6. Fish and wildlife habitat conservation areas and any required buffers; and

7. Critical aquifer recharge areas.

C. Exceptions to the applicability of the city of Snoqualmie critical areas ordinance within the shoreline jurisdiction are as follows:

1. All allowed activities within critical areas as listed in SMC 19.12.040, including public agency exceptions, utility exceptions, and reasonable use exceptions, shall not be granted within shoreline jurisdiction. Unless listed in SMC 19.08.570 (Critical areas, permitted and allowed activities within shoreline jurisdiction), SMC 19.08.580 (Filling or alteration of wetlands within shoreline jurisdiction), or otherwise specifically allowed in this chapter, any proposals that require impacts to critical areas or buffers shall require a shoreline variance pursuant to the requirements of this chapter and Chapter 173-27 WAC.

2. Administrative and procedural provisions, such as review, appeals, and enforcement, shall be governed by this chapter and not Chapter 19.12 SMC. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.570 Critical areas, permitted and allowed activities within shoreline jurisdiction.

A. All permitted activities shall be reviewed and permitted consistent with this chapter, and shall require a shoreline letter of exemption, substantial development permit, or conditional use permit consistent with the administrative provisions of this chapter.

B. Permitted activities within integrated provisions of the critical areas ordinance shall be allowed within shoreline jurisdiction, as listed in this section:

1. Erosion Hazard Areas. Alteration to erosion hazard areas is only allowed as permitted by SMC 19.12.100.

2. Landslide Hazard Areas. Alteration to landslide hazard areas and associated buffers is only allowed as permitted by SMC 19.12.110.

3. Steep Slope Hazard Areas. Alteration to steep slope hazard areas and associated buffers is only allowed as permitted by SMC 19.12.120.

4. Seismic Hazard Areas. Alterations to seismic hazard areas shall only be allowed as permitted by SMC 19.12.130.

5. Channel Migration and Associated Erosion Hazard Zones. Alterations to channel migration and associated erosion hazard zones shall only be allowed as permitted by SMC 19.12.140.

6. Frequently Flooded Areas. Alteration to frequently flooded areas is only allowed as permitted by SMC 19.12.150.

7. Streams. All provisions and permitted alterations of streams and associated buffers shall apply in shoreline jurisdiction consistent with SMC 19.12.160, except:

a. The city may not grant a public agency or utility exception or reasonable use exception as indicated by SMC 19.12.160(B).

b. Other uses and activities allowed within stream buffers as provided by this chapter shall be permitted; provided, that mitigation is provided consistent with this chapter and Chapter 19.12 SMC.

8. Wetlands. All provisions and permitted alterations of wetlands and associated buffers shall apply in shoreline jurisdiction consistent with SMC 19.12.170 and 19.12.180, except:

a. Alteration of wetlands less than 1,000 square feet in area provided by SMC 19.12.170(E) shall not be allowed.

b. The criteria for filling or alteration of wetlands provided by SMC 19.12.170(F) shall not apply in shoreline jurisdiction; the alternative criteria for filling or alteration of wetlands provided by SMC 19.08.580 shall apply.

9. Fish and Wildlife Habitat Conservation Areas. Alteration to fish and wildlife habitat conservation areas is only allowed as permitted by SMC 19.12.190.

10. Critical Aquifer Recharge Areas. Alteration to critical aquifer recharge areas is only allowed as permitted by SMC 19.12.200.

C. In addition to permitted activities identified in subsection B of this section, the following development, modifications, activities, and associated uses are allowed as provided below, provided they are consistent with the provisions of other local, state, and federal laws and requirements and ensure minimal impacts to and no net loss of shoreline ecological functions, including the functions of associated critical areas:

1. Emergencies that threaten the public health, safety and welfare. Altered critical areas or buffers may be required to be restored and/or impacts resulting from emergency actions mitigated, based on review by the city, after the emergency situation is stabilized.

2. Removal of such potential fuels within portions of a critical areas buffer in the urban-wildland interface as determined necessary by the fire chief on a site-specific assessment to create a defensible space within 30 feet of a residence in areas declared by the fire chief to be a wildfire threat zone, pursuant to a plan approved by the fire chief. Such plan shall not authorize any more clearing of a critical area buffer than is necessary to eliminate fuels likely to cause the spread of a wildfire.

3. Normal and routine maintenance or repair of existing utility or street rights-of-way or utility structures. Utility or street rights-of-way shall be maintained in a manner that meets the objectives of safe and efficient use of the right-of-way, while eliminating the use of chemical herbicides within the corridors. Normal and routine maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.

4. Removal of state-listed invasive and noxious weeds and additional aggressive nonnative species, including listed knotweed, Scotch broom, English ivy, and Himalayan and evergreen blackberry; provided, only hand labor and light equipment that minimizes disturbance to the critical area or buffer is used, and chemical applications approved for use adjacent to streams and wetlands, provided best management practices are used.

5. Removal of dangerous trees, with the director’s approval. A certified arborist’s evaluation may be required in the discretion of the director if the hazard is not clearly evident.

6. Enhancement and restoration plantings for the purpose of restoring functions and values of critical areas or buffers that do not require construction permits; provided, only hand labor and light equipment that minimizes disturbance to the critical area or buffer is used. Removal or trimming of trees within critical areas or their buffers, and replacing them with lower-growing shrubs, for the purpose of creating or expanding a view corridor, shall not be deemed an enhancement or restoration action and is not an exempted activity.

7. The following agricultural activities in existence as of the effective date of Ordinance No. 691:

a. Grazing of livestock, provided best management practices are implemented to protect water quality;

b. Mowing of hay, grass or grain crops in existence prior to 1995, provided such uses do not increase the degree of nonconformity;

c. Tilling, disking, planting, seeding, harvesting, and related activities for pasture, food crops, grass seed, or sod; provided, that such activities do not involve any expansion into the critical areas or buffer of the area involved from that existing on the date this chapter becomes effective;

d. Normal and routine maintenance of drainage and irrigation ditches, provided they are not used by salmonids; farm ponds; stocked fish ponds; manure lagoons; and created livestock watering ponds; provided, that such activities shall not involve conversion of or expansion into any wetland or buffer not currently being used for such activity and best management practices are used. Maintenance actions within drainage ditches that drain directly to salmonid-bearing waters may require permits from state or federal regulatory agencies.

8. Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities are permitted where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material.

Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities shall require submittal of specific plans and restoration plans. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.

D. A continuous riverwalk trail, boardwalk, and public viewing areas within the buffer of the Snoqualmie River are allowed in all shoreline environments.

E. Farm Plans. Agricultural activities may be conducted consistent with a farm plan approved by the King Conservation District and the city. A qualified consultant shall evaluate agricultural activities, including vegetation management, outlined in a farm plan with the standards established in this chapter and Chapter 19.12 SMC.

F. Mitigation Required. Any authorized alteration of a critical area or its buffer under subsections B and C of this section shall be subject to conditions established by the city and shall require mitigation described in an approved mitigation plan that meets the mitigation requirements of this chapter and Chapter 19.12 SMC, as incorporated by reference. (Ord. 1252 § 5 (Exh. A), 2021).

19.08.580 Filling or alteration of wetlands within shoreline jurisdiction.

A. Filling or Alteration of Wetlands.

1. Unless otherwise stated in this chapter, any proposed fill or alteration of a wetland shall either be approved through a shoreline variance process as described in this chapter, or in accordance with subsection (A)(2) of this section. Any proposal for wetland fill or alteration requiring a shoreline variance shall follow the mitigation sequencing established by SMC 19.12.090, as adopted by reference. All proposals for wetland fill or alteration shall meet criteria in SMC 19.12.090(A)(3) through (5).

2. Any proposed fill or alteration of a wetland on a site subject to a development agreement may be approved through a shoreline conditional use permit process if:

a. Mitigation is provided that locates and/or restores a compensatory wetland area on the same site, and the compensatory wetland area provides a higher level of wetland function than existed prior to the fill or alteration; and

b. Mitigation establishes buffers with dense, native vegetation to protect the wetland functions and values; and

c. Assessment is provided demonstrating hydrology will support the created or reestablished wetland; and

d. Alterations adhere to applicable city, state, and federal requirements and permitting including, but not limited to, U.S. Army Corps of Engineers and the Department of Ecology; and

e. A 10-year monitoring period is established in accordance with SMC 19.12.070, to ensure mitigation meets the design performance standards established in the approved mitigation plan.

3. The fill shall not result in the loss of flood storage and shall be compensated for within city limits.

4. If the fill is located in the city’s 100-year floodplain, the proposal must be consistent with the requirements of Chapter 15.12 SMC, Flood Hazard Regulations.

5. The alteration shall not result in deficient buffers that do not adequately protect the remaining wetland. (Ord. 1252 § 5 (Exh. A), 2021).