Chapter 23.90
GENERAL POLICIES AND REGULATIONS
Sections:
23.90.030 Ecological protection and critical areas.
23.90.040 Water quality and quantity.
23.90.050 Views and aesthetics.
23.90.060 Vegetation conservation.
23.90.070 Archaeological, historic and cultural resources.
23.90.100 Landfill and excavation.
23.90.010 Applicability.
All use and development activities on shorelines shall be subject to all of the following general policies and regulations in addition to the applicable use policies and regulations of Chapter 23.100 WCC; provided, that all use and development that is to be located within the Cherry Point management area, as defined in Chapter 23.110 WCC, shall be subject to the policies and regulations found in WCC 23.100.170 and shall not be subject to the policies and regulations found in this chapter and Chapter 23.100 WCC unless otherwise specified. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.020 Land use.
The following land use policies delineate the use preferences of the Act and this program and are intended to support the goals and objectives of the program:
A. Policies.
1. Single-family residences should be given preference for location on shorelines in those limited instances when an alteration of the shorelines is authorized (RCW 90.58.020). Single-family residences occupied prior to January 1, 1992, and their appurtenant structures should be protected against damage or loss caused by shoreline erosion; provided, that measures to protect single-family residences should be designed to minimize harm to the shoreline environment.
2. Shoreline uses that are water-dependent or water-related should be given preference (RCW 90.58.020). Such uses should be located, designed, and maintained in a manner that minimizes adverse impacts to shoreline ecological functions and/or processes. Non-water-oriented development may be allowed; provided, that existing water-dependent uses are not displaced and the future supply of sites for water-dependent or water-related uses is not compromised.
3. Adequate space should be reserved on shorelines to meet the current and projected demand for water-dependent uses, in conjunction with areas provided in cities, towns and areas under tribal jurisdiction.
B. Regulations.
1. Single-family residential uses shall be allowed on all shorelines not subject to a preference for commercial or industrial water-dependent uses and shall be located, designed, and used in accordance with applicable policies and regulations of this program.
2. Resource uses such as agriculture, forestry and mining activities shall be carried out in a manner consistent with the applicable policies and regulations of this program.
3. Restoration of ecological functions and processes shall be allowed on all shorelines and shall be located, designed and implemented in accordance with applicable policies and regulations of this program.
4. Shoreline uses and developments that are water-dependent shall be given priority. Permit conditions may limit the range of uses or sites developed for such uses. Interim non-water-dependent uses authorized as a conditional use may be allowed to respond to short-term market conditions; provided, that permit conditions are placed on such uses to provide for a specific timetable or review process to ensure water-dependent use of the development in the long term.
5. Shoreline uses and developments should be located, designed, and managed so that other appropriate uses are neither subjected to substantial or unnecessary adverse impacts, nor deprived of reasonable, lawful use of navigable waters, other publicly owned shorelines, or private property.
6. Navigable waters should be kept free of obstructions for the general benefit of the region, state, and nation. No use or development shall be allowed to effectively exclude other appropriate uses from navigable waters.
7. Shoreline uses and developments should be located in a manner so that shoreline stabilization is not likely to become necessary in the future. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.030 Ecological protection and critical areas.
A. Policies.
1. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means assuring no net loss of ecological functions and processes and protecting critical areas designated in Chapter 16.16 WCC, in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. Permitted uses shall be designed and conducted to minimize, insofar as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that should be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance.
2. In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts should be considered.
3. Development standards for density, frontage, setbacks, impervious surface, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes. During permit review, the administrator should consider the expected impacts associated with proposed shoreline development when assessing compliance with this policy.
B. Regulations.
1. Mitigation Sequencing. To comply with the policies of subsection A of this section, a shoreline permit applicant or project proponent shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not have significant adverse impacts. Mitigation shall occur in the following prioritized order:
a. Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action.
b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts.
c. Rectifying the adverse impact by repairing, rehabilitating or restoring the affected environment.
d. Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of action.
e. Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and the mitigation project and taking appropriate corrective measures.
2. Because of its incorporation by reference herein under WCC 23.10.060(A), the provisions of the Whatcom County critical areas ordinance, Chapter 16.16 WCC, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with Chapter 16.16 WCC and the program; provided, that alteration for a water-oriented use may be allowed in accordance with WCC 16.16.225(B)(3). Within shoreline jurisdiction, the regulations of Chapter 16.16 WCC shall be liberally construed together with the program to give full effect to the objectives and purposes of the provisions of the program and Act.
3. Unless otherwise stated, critical area buffers shall be protected and/or enhanced pursuant to this program and Chapter 16.16 WCC.
4. Use of motor vehicles including unlicensed off-road vehicles is permitted only on roads or trails specifically designated for such use. Motor vehicle use, except for vessels and float planes, is prohibited waterward of the ordinary high water mark, on tidelands, public or private beaches, wetlands and/or their associated buffers; except as necessary for public health and safety or permitted maintenance activities associated with approved developments or as otherwise permitted.
5. Buildings, fencing, walls, hedges and similar features shall be designed, located, and constructed in a manner that does not preclude or significantly interfere with wildlife movement to/from important habitat areas consistent with the applicable provisions of Chapter 16.16 WCC; provided, that the administrator may exempt security fencing associated with residential, industrial and/or commercial developments from this requirement on a case-by-case basis.
6. To provide for flexibility in the administration of the ecological protection provisions of this program, alternative mitigation approaches as provided for in WCC 16.16.260(E) may be approved within shorelines as a conditional use where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of this program and are scientifically supported.
7. The cumulative effects of individual development proposals shall be identified and evaluated to assure that no net loss standards are achieved.
8. Whenever the administrator issues a determination or recommendation and/or conditions of approval on a proposal, which will result in the denial or substantial alteration of a proposed action, such determinations will be provided in writing stating the relationship(s) between the ecological factors, the proposed action and the condition(s). (Ord. 2009-13 § 1 (Exh. 1)).
23.90.040 Water quality and quantity.
A. Policies.
1. The location, construction, operation, and maintenance of all shoreline uses and developments should maintain or enhance the quantity and quality of surface and ground water over the long term.
2. Shoreline use and development should minimize the need for chemical fertilizers, pesticides or other similar chemical treatments to prevent contamination of surface and ground water and/or soils, and adverse effects on shoreline ecological functions and values.
3. Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be provided and maintained in a manner that avoids the need for chemical treatment.
B. Regulations.
1. Shoreline use and development shall incorporate measures to protect and maintain surface and ground water quantity and quality in accordance with all applicable laws.
2. New development shall provide stormwater management facilities designed, constructed, and maintained in accordance with the current stormwater management standards. Deviations from these standards may be approved where it can be demonstrated that off-site facilities would provide better treatment, or where common retention, detention and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan.
3. Best management practices (BMPs) for control of erosion and sedimentation shall be implemented for all development in shorelines through an approved temporary erosion and sediment control (TESC) plan, or administrative conditions.
4. To avoid water quality degradation by malfunctioning or failing septic systems located within shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. The owner must be in compliance with WCC 24.05.160, Operation and maintenance.
5. All materials that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be 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 or above shoreline water bodies. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.050 Views and aesthetics.
A. Policies.
1. Shoreline use and development activities should be designed and operated to minimize obstructions of the public’s visual access to the water and shoreline.
2. Shoreline use and development should not significantly detract from shoreline scenic and aesthetic qualities that are derived from natural or cultural features, such as shoreforms, vegetative cover and historic sites/structures.
3. Aesthetic objectives should be implemented through regulations and criteria for site planning, maximum height, setbacks, siting of buildings and accessories, screening, vegetation conservation, architectural standards, sign control regulations, appropriate development siting, designation of view corridors and maintenance of natural vegetative buffers.
4. Clearing, thinning, and/or limbing for limited view corridors should only be allowed where it does not adversely impact ecological and/or aesthetic values, and/or slope stability. Vegetation conservation should be preferred over the creation or maintenance of views from property on the shoreline to protect shoreline ecological functions and aesthetics.
B. Regulations.
1. Protection and/or enhancement of critical areas and their associated buffers shall be preferred over provisions for visual access, when the two are in conflict.
2. The following standards shall apply to developments and uses within the jurisdiction of this program:
a. Where commercial, industrial, mixed use, multifamily and/or multilot developments are proposed, primary structures shall provide for reasonable view corridors between buildings.
b. Buildings shall incorporate architectural features that reduce scale such as setbacks, pitched roofs, offsets, angled facets, and recesses.
c. Building surfaces on or adjacent to the water shall employ materials that minimize reflected light.
d. Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent possible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment.
e. Any other design standards included in community plans or regulations adopted by Whatcom County.
f. Fences, walls, hedges and other similar accessory structures, excluding those associated with agricultural uses, shall be limited to four feet in height between the ordinary high water mark and structures, and within shoreline view areas as defined in Chapter 23.110 WCC; provided, that, within shoreline view areas, the administrator may approve a greater height where a fence or other feature is parallel to the right-of-way and does not extend above a line of sight between the ordinary high water mark and a point three and one-half feet above the centerline of the road.
g. Where permitted, fences, walls, hedges and other similar structures shall be limited to four feet in height within critical area buffers. Outside of critical area buffers, fences shall be limited to six feet in height.
h. Fences, walls, hedges or private accessory structures on public property shall not be permitted to obscure shoreline views within shoreline view areas as defined in Chapter 23.110 WCC or from existing residences on adjacent property, unless specific findings are made that the proposed view obstruction is justified by overriding considerations of the public interest.
3. Stairs and walkways located within the shoreline or critical area buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to five feet in width. Stairways shall conform to the existing topography to the extent feasible and minimize impervious surfaces. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.060 Vegetation conservation.
A. Policies.
1. Where new developments and/or uses are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Important functions of shoreline vegetation include, but are not limited to:
a. Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota.
b. Regulating microclimate in riparian and nearshore areas.
c. Providing organic inputs necessary for aquatic life, including providing food in the form of various insects and other benthic macroinvertebrates.
d. Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides.
e. Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff.
f. Improving water quality through filtration and vegetative uptake of nutrients and pollutants.
g. Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase aquatic diversity for salmonids and other species.
h. Providing habitat for wildlife, including connectivity for travel and migration corridors.
B. Regulations.
1. Shoreline developments shall comply with the vegetation conservation policies of this program through compliance with the critical area standards of WCC 16.16.335, 16.16.360, 16.16.630 and 16.16.740 for protection and maintenance of critical area and buffer vegetation.
2. Where compliance with subsection (B)(1) of this section is not feasible or required, new developments shall be required to develop and implement a vegetation management plan. When required, vegetation management plans shall be prepared by a qualified professional and shall be consistent with the requirements in WCC 16.16.260(B) and (C); provided, that the administrator may establish prescriptive standards for vegetation conservation and management as an alternative to requiring a specific plan for a development. Vegetation management plans shall describe actions that will be implemented to ensure that buffer areas provide ecological functions equivalent to a dense native vegetation community to the extent possible given the area that is feasibly available. Required vegetation shall be maintained over the life of the use and/or development by means of a conservation easement or similar legal instrument recorded with the Whatcom County auditor.
3. Nonconforming lots that do not provide sufficient area to meet the standard dimensional requirements for buffers and setbacks as provided for in WCC 23.50.070(N) and are not located within a landslide, alluvial fan, or riverine and coastal erosion hazard areas, as defined in WCC 16.16.310, may employ the following standards in lieu of the vegetation management provisions of subsection (B)(2) of this section:
a. An inner management zone shall extend perpendicularly from the shoreline ordinary high water mark or critical area edge a distance equal to 50 percent of the buffer dimension established for nonconforming lots in WCC 23.50.070(N). In the inner management zone:
i. Lawn or turf is prohibited due to its limited functional benefits and need for chemical and fertilizer applications. Understory consisting of native groundcover and shrubs shall be provided at a sufficient density to prevent erosion, stabilize soils, and intercept surface runoff.
ii. Native trees shall be provided at a sufficient density and species composition to mimic natural vegetative conditions for purposes of creating shade, attenuating water temperature, stabilizing soils, and providing large woody debris and other organic inputs critical for aquatic resources.
b. An outer management zone shall extend from the outer boundaries of the inner management zone to the edge of the critical area buffer. Within the outer management zone:
i. Vegetation management shall consist of the requirements of subsection (B)(3)(a) of this section; provided, that on slopes of 25 percent or less, lawn, turf, ornamental vegetation or gardens may be allowed on up to 10 percent of the area or 500 square feet, whichever is greater.
ii. Lawn or turf shall be prohibited on slopes greater than 25 percent.
4. Vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development.
5. Removal of noxious weeds and/or invasive species shall be incorporated in vegetation management plans, as necessary, to facilitate establishment of a stable community of native plants.
6. Clearing, pruning and revegetation of buffer areas, except landslide hazard areas and buffers and riverine and coastal erosion hazard areas and buffers, may be conducted in accordance with the regulations in WCC 16.16.235(G).
7. Selective vegetation clearing and pruning may be allowed in landslide hazard areas and/or riverine and coastal erosion hazard areas and/or their buffers pursuant to an approved vegetation management plan designed to improve overall slope or bank stability. The plan shall be prepared by a qualified professional and reviewed by a licensed geologist or geotechnical engineer.
8. Vegetation conservation standards shall not apply retroactively to existing uses and developments, such as existing agricultural practices.
9. Vegetation conservation standards do not apply to the removal of hazard trees pursuant to WCC 16.16.230(F).
10. Unless otherwise stated, the vegetation conservation regulations of this program do not apply to commercial forest practices as defined by this program when such activities are covered under the Washington State Forest Practices Act (Chapter 76.09 RCW), except where such activities are associated with a conversion to other uses or other forest practice activities over which local governments have authority. For the purposes of this program, preparatory work associated with the conversion of land to nonforestry uses and/or developments shall not be considered a forest practice and shall be reviewed in accordance with the provisions for the proposed nonforestry use, the general provisions of this program and Chapter 16.16 WCC, and shall be limited to the minimum necessary to accommodate an approved use. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.070 Archaeological, historic and cultural resources.
A. Policies.
1. The county should work with tribal, state, federal and local governments as appropriate to maintain an inventory of all known significant local historic, cultural and archaeological sites in observance of applicable state and federal laws protecting such information from general public disclosure. As appropriate, such sites should be protected, preserved and/or restored for study, education and/or public enjoyment to the maximum possible extent.
2. Site development plans should incorporate provisions for historic, cultural and archaeological site preservation, restoration and education with open space or recreation areas whenever compatible and possible.
3. Cooperation among involved private and public parties is encouraged to achieve the archaeological, historical and cultural element goals and objectives of this program.
4. Owners of property containing identified historic, cultural or archaeological sites are encouraged to make development plans known well in advance of application, so that appropriate agencies such as the Lummi Nation, Nooksack Tribe, Washington State Department of Archaeology and Historic Preservation, and others may have ample time to assess the site and make arrangements to preserve historical, cultural and archaeological values as applicable.
5. Private and public owners of historic sites should be encouraged to provide public access and educational opportunities in a manner consistent with long-term protection of both historic values and shoreline ecological functions.
6. Historic, cultural and archaeological site development should be planned and carried out so as to prevent impacts to the resource. Impacts to neighboring properties and other shore uses should be limited to temporary or reasonable levels.
7. If development is proposed adjacent to an identified historic, cultural or archaeological site, then the proposed development should be designed and operated so as to be compatible with continued protection of the historic, cultural or archaeological site.
8. The cultural resource provisions of this program are consistent with Chapters 27.44 and 27.53 RCW and WAC 25-48-060. In accordance with state law, all applicants are subject to these requirements.
B. Regulations.
1. Known Archaeological, Historic and Cultural Resources.
a. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties within 500 feet of a site known to contain an historic, cultural or archaeological resource(s), the county shall require a cultural resource site assessment; provided, that the provisions of this section may be waived if the administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic, cultural or archaeological site. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of significant historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. The applicant shall submit a minimum of five copies of the site assessment to the administrator for distribution to the applicable parties for review.
b. If the cultural resource site assessment identifies the presence of significant historic or archaeological resources, a cultural resource management plan (CRMP) shall be prepared by a professional archaeologist or historic preservation professional, as applicable. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. In the preparation of such plans, the professional archaeologist or historic preservation professional shall solicit comments from the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office and Nooksack Tribe. Comments received shall be incorporated into the conclusions and recommended conditions of the CRMP to the maximum extent practicable. The applicant shall submit a minimum of five copies of the CRMP to the administrator for distribution to the applicable parties for review.
i. A CRMP shall contain the following minimum elements:
(A) The purpose of the project; and
(B) A site plan for proposed on-site development; and
(C) Depth and location of all ground disturbing activities including, but not limited to, utilities, driveways, clearing and grading; and
(D) An examination of project on-site design alternatives; and
(E) An explanation of why the proposed activity requires a location on, or access across and/or through, a significant historic or archaeological resource; and
(F) A description of the historic/archaeological resources affected by the proposal; and
(G) An assessment of the historic/archaeological resource and an analysis of the potential adverse impacts as a result of the activity; and
(H) An analysis of how these impacts have been avoided; or
(I) Where avoidance is not possible, how these impacts have been mitigated/minimized; and
(J) A recommendation of appropriate mitigation measures, which may include but are not limited to the following:
(1) Recording the site with the State Department of Archaeology and Historic Preservation, or listing the site in the National Register of Historic Places, Washington Heritage Register, as applicable, or any locally developed historic registry formally adopted by the Whatcom County council;
(2) Preservation in place;
(3) Reinterment in the case of grave sites;
(4) Covering an archaeological site with a nonstructural surface to discourage pilferage (e.g., maintained grass or pavement);
(5) Excavation and recovery of archaeological resources;
(6) Inventorying prior to covering of archaeological resources with structures or development; and
(7) Monitoring of construction excavation.
(K) An outline of actions to be taken by the property owner, developer, archaeologist, or historic preservation professional, as applicable, in the event that an inadvertent discovery of historic, cultural or archaeological sites or artifacts occurs during site development, which includes the following:
(1) A statement that work on that portion of the development site shall be stopped immediately and the find reported as soon as possible to the administrator and other appropriate governments and agencies.
(2) Contact information for applicable parties, agencies and governments including the county administrator, the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe, professional archaeologist or historic preservation professional; and in the event of inadvertent discovery of human remains, additional contact information for the Whatcom County sheriff’s office, Whatcom County medical examiner, and/or Lummi Repatriation Office.
(3) Proposed measures to stabilize, contain or otherwise protect the area of inadvertent discovery until a site investigation and/or site assessment is conducted.
(L) Where provision of public access for the purpose of public education related to a private or publicly owned building or structure of historic significance is desired by the property owner, a public access management plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe and/or other agencies, as appropriate, to address the following:
(1) The type and/or level of public access that is consistent with the long-term protection of both historic resource values and shoreline ecological functions and processes; and
(2) Site- and resource-specific conditions and/or improvements including the following, as applicable:
(a) Hours of operation,
(b) Interpretive and/or directional signage,
(c) Lighting,
(d) Pedestrian access, and/or
(e) Traffic and parking.
(M) Where provision of public access for purposes of public education related to an archaeological or cultural resource site is desired by the property owner, the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe and/or other agencies, as appropriate, shall be in agreement prior to providing public access to the site. An access and resource management plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and the Nooksack Tribe.
ii. The recommendations and conclusions of the CRMP shall be used to assist the administrator in making final administrative decisions concerning the presence and extent of historic/archaeological resources and appropriate mitigating measures. The administrator shall consult with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe prior to approval of the CRMP.
iii. The administrator may reject or request revision of the conclusions reached in a CRMP when the administrator can demonstrate that the assessment is inaccurate or does not fully address the historic/archaeological resource management concerns involved.
c. Upon receipt of a complete development permit application in an area of known historic/archaeological resources, the county shall notify and request a recommendation from appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe. Recommendations of such agencies and other affected persons shall be duly considered and adhered to whenever possible and reasonable. Notification shall include the following information:
i. The date of application, the date of notice of completion for the application, and the date of the notice of application;
ii. A site map including the street address, tax parcel number, township, range, and section of the proposed project area;
iii. A description of the proposed project action and a list of the project permits included in the application, and, if applicable, a list of any studies requested by the county;
iv. The identification of other permits not included in the application to the extent known by the county;
v. The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
vi. Any other information determined appropriate by the county;
vii. A statement indicating those development regulations that will be used for project mitigation or a determination of consistency if they have been identified at the time of notice;
viii. A statement of the limits of the comment period and the right of each agency to comment on the application within a 15-day time period, request a copy of the decision once made, and to appeal a decision when allowed by law.
d. In granting shoreline permits or statements of exemption for such development, the county may attach conditions to provide sufficient time and/or conditions for consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office and Nooksack Tribe, and to assure that historic/archaeological resources are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long-term arrangements. Provision for the protection and preservation of historic/archaeological sites shall be incorporated to the maximum extent practicable. Permit or other requirements administered by the Washington State Department of Archaeology and Historic Preservation pursuant to Chapters 27.44 and 27.53 RCW may apply in addition.
2. Inadvertent Discovery.
a. Whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately, the site secured and the find reported as soon as possible to the administrator. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe, and the administrator shall conduct a site investigation to determine the significance of the discovery. Based upon the findings of the site investigation and consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe, the administrator may require that an immediate site assessment be conducted or may allow stopped work to resume.
b. If a site assessment is required, the area of inadvertent discovery shall be stabilized, contained or otherwise protected until the site assessment and/or CRMP is completed. The site assessment shall be prepared pursuant to subsection (B)(1)(a) of this section to determine the significance of the discovery and the extent of damage to the resource and shall be distributed to the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe for a 15-day review period or, in the case of inadvertent discovery of human remains, a 30-day review period to determine the significance of the discovery. If the site has been determined not to be significant by the above-listed agencies or governments, or if the above-listed agencies or governments have failed to respond within the applicable review period following receipt of the site assessment, such stopped work may resume.
c. Upon receipt of a positive determination of a site’s significance, the administrator may invoke the provisions of subsections (B)(1)(b) through (d) of this section for a cultural resource management plan, if such action is reasonable and necessary to implement related SMP objectives.
3. The requirements of subsection (B)(1) of this section do not apply where an applicant/project proponent has obtained an approved archeological excavation and removal permit from the Washington State Department of Archaeology and Historic Preservation pursuant to WAC 25-48-060; provided, that the applicant must adhere to the requirements of said approved permit. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.080 Public access.
A. Policies.
1. Use and development that provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state are a preferred use.
2. Physical or visual access to shorelines should be incorporated in all new development when the development would either generate a demand for one or more forms of such access, and/or would impair existing legal access opportunities or rights. Public health and safety concerns should also be adequately addressed and maintenance of shoreline ecological functions and/or processes should be assured. As required by the governing principles, all such conditions should be consistent with all relevant constitutional and other legal limitations on regulation of private property.
3. Public access should be provided for water-oriented uses and non-water-dependent uses and developments that increase public use of the shorelines and public aquatic lands, or that would impair existing, legal access opportunities.
4. Non-water-related uses or activities located on the shoreline should provide public access as a public benefit.
5. Public access area and/or facility requirements should be commensurate with the scale and character of the development and should be reasonable, effective and fair to all affected parties including but not limited to the land owner and the public.
6. Public access design should provide for public safety and minimize potential impacts to private property, individual privacy, and shoreline ecological functions and processes.
7. Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline.
B. Regulations.
1. In the review of all shoreline substantial development, conditional use permits, or developments of more than four residential lots or dwelling units, consideration of public access shall be required, subject to the test stated in subsection (A)(2) of this section. When appropriate, provisions for adequate public access shall be incorporated into such proposals, including land division, unless the applicant/proponent demonstrates that one or more of the following provisions apply:
a. Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means;
b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;
c. The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the total long-term cost of the proposed development;
d. Significant environmental impacts will result from the public access that cannot be mitigated;
e. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated.
2. When provisions for public access are required as a condition of project approval, the administrator shall prepare written findings, pursuant to Chapter 23.60 WCC, demonstrating consistency with the principles of nexus and proportionality and the test stated in subsection (A)(2) of this section and WCC 23.50.080(A).
3. Prior to deciding public access is not required pursuant to subsection (B)(1)(a) through (e) of this section, the county must determine that all reasonable alternatives have been exhausted; including, but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting hours of use;
b. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.); and
c. Providing for access at a site geographically separated from the proposal such as a street end, vista, tideland or trail system.
4. Public access shall not be required for the following uses except as determined on a case-by-case basis in conjunction with the provisions of subsection A of this section and this subsection B:
a. Single-family residential development of four or fewer lots.
b. Dredging.
c. Forest practices.
d. Landfill and excavation.
e. Mining.
f. Private docks serving four or fewer dwelling units.
g. Instream structures.
h. Shoreline stabilization.
i. Ecological restoration or enhancement activities not associated with development when the purpose of the project would be undermined.
j. Agriculture.
5. Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters and may include interpretive centers and displays.
6. Alternate off-site provision of public access to shorelines may be used upon approval, as a means of offsetting identifiable on-site impacts. If public access is demonstrated to be infeasible or inappropriate on site due to significant interference to operations or hazards to life and property, alternative visual access opportunities may be provided at a location not directly adjacent to the water such as a viewpoint, observation tower, or other areas serving as a means to view public waters such as an interpretive center and displays explaining maritime history and industry; provided, that visual access to the water is provided.
7. Public access provided by shoreline street ends, public utilities and rights-of-way shall not be diminished (RCW 35.79.035 and 36.87.130). Shoreline development by public entities shall include public access measures as part of each development project.
8. Public access shall incorporate the following location and design criteria:
a. Where open space is provided along the shoreline, and public access can be provided in a manner that will not adversely impact shoreline ecological functions and/or processes, a public pedestrian access walkway parallel to the ordinary high water mark of the property is preferred. The walkway shall be buffered from sensitive ecological features and provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to five feet in width to reduce impacts to ecologically sensitive resources.
b. Public access shall be located adjacent to other public areas, accesses and connecting trails, connected to the nearest public street; and include provisions for handicapped and physically impaired persons where feasible.
c. Where views of the water or shoreline are available and physical access to the water’s edge is not present or appropriate, a public viewing area shall be provided.
d. Design shall minimize intrusions on privacy by avoiding locations adjacent to windows and/or outdoor private open spaces or by screening or other separation techniques.
e. Design shall provide for the safety of users, including the control of offensive conduct through public visibility of the public access area, or through provisions for oversight. The administrator may authorize a public access to be temporarily closed in order to develop a program to address offensive conduct. If offensive conduct cannot be reasonably controlled, alternative facilities may be approved through a permit revision.
f. Public amenities appropriate to the use of a public access area such as benches, picnic tables and sufficient public parking to serve the users shall be provided.
g. Commercial developments that attract a substantial number of persons and developments by government/public entities may be required to provide public restrooms, facilities for disposal of animal waste and other appropriate public facilities.
9. The minimum width of public access easements shall be 10 feet, unless the administrator determines that undue hardship would result. In such cases, easement widths may be reduced only to the extent necessary to relieve the hardship.
10. The requirement for public access on a specific site may be fulfilled by:
a. Participation in a public access plan incorporated in the program; or
b. Provision of facilities specified in a permit approval.
11. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance.
12. Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
13. Public access provisions shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded with the county auditor’s office prior to the time of building permit approval, occupancy or plat recordation, whichever comes first.
14. Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal agreement recorded with the county auditor’s office.
15. Public access facilities shall be available to the public 24 hours per day unless specific exceptions are granted though the shoreline permit process subject to the provisions of subsection (B)(1) of this section.
16. The standard state-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites.
17. Incentives for public access improvements such as density or bulk and dimensional bonuses shall be considered through applicable provisions of zoning and subdivision regulations. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.090 Site planning.
A. Policies.
1. Development and use should be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. This may be accomplished by minimizing the project footprint, the use of clustering and other appropriate design approaches.
2. Low impact and sustainable development practices such as rain gardens, and pervious surfacing methods including, but not limited to, porous paving blocks, porous concrete and other similar materials should be incorporated in developments where site conditions allow to maintain shoreline ecological functions and processes. Topographic modification, vegetation clearing, use of impervious surfaces and alteration of natural drainage or other features should be limited to the minimum necessary to accommodate approved uses and development. An engineering geologist should be consulted prior to using infiltration practices on shore bluffs.
3. Accessory development or use that does not require a shoreline location should be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments. When sited within shorelines jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials should be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses.
4. Development should be located, designed, and managed so that impacts on shoreline or upland uses are minimized through bulk and scale restrictions, setbacks, buffers, and control of proximity impacts such as noise or light and glare.
5. Shoreline uses should not deprive other uses of reasonable access to navigable waters. Public recreation activities such as fishing, clam digging, swimming, boating, and wading, and water-related recreation should be preserved and enhanced. The rights of treaty tribes to resources within their usual and accustomed areas should be accommodated.
B. Regulations.
1. Where appropriate new development shall use clustering to minimize adverse impacts on shoreline ecological functions and processes.
2. An assessment of the existing ecological functions and/or processes provided by topographic, physical and vegetation characteristics of the site shall accompany development proposals; provided, that proposals for single-family residences shall be exempt from this requirement. Such assessments shall include the following general information:
a. Impacts of the proposed use/development on ecological processes with clear designation of existing and proposed routes for water flow, wildlife movement and other features.
b. Infrastructure requirements such as parking, services, lighting and other features, together with the effects of those infrastructure improvements on shoreline ecological functions and/or processes.
3. Vehicle and pedestrian circulation systems shall be designed to minimize clearing, grading and alteration of topography and natural features. Roadway and driveway alignment shall follow the natural contours of the site and minimize width to the maximum extent feasible. Elevated walkways should be utilized to cross wetlands.
4. Impervious surfacing for parking lot/space areas shall be minimized through the use of alternative surfaces where feasible, consistent with the May 2005 Low Impact Development Technical Guidance Manual for Puget Sound.
5. Utilities shall be located within roadway and driveway corridors and rights-of-way wherever feasible.
6. Design of structures should conform to natural contours and minimize disturbance to soils and native vegetation. Foundations shall be tiered with earth retention incorporated into the structure.
7. Stormwater infiltration systems shall be employed to mimic the natural infiltration and ground water interflow processes where appropriate.
8. Fencing, walls, hedges and similar features shall be designed in a manner that does not preclude or significantly interfere with wildlife movement to/from important habitat areas.
9. Accessory uses that do not require a shoreline location shall be sited away from the land/water interface and landward of the principal use and, unless otherwise specified, shall observe critical area regulations and buffers in Chapter 16.16 WCC.
10. Development shall be located, designed, and managed so that impacts on public use of the shoreline are minimized.
11. Public recreation activities such as fishing, clam digging, swimming, boating, and wading, and water-related recreation shall be protected through specific provisions to avoid impacts, or provide access as applicable.
12. Interior and exterior lighting shall be designed and operated to avoid illuminating nearby properties or public areas, prevent glare on adjacent properties, public areas or roadways to avoid infringing on the use and enjoyment of such areas, and to prevent hazards. Methods of controlling spillover light include, but are not limited to, limits on height of structure, limits on light levels of fixtures, light shields, setbacks, buffer areas and screening.
13. All facilities shall be located and designed to avoid impediments to navigation and to avoid depriving other properties of reasonable access to navigable waters. Review and approval by the U.S. Coast Guard may be required as a condition of issuance of building or development permits to assure compliance. All in-water structures shall be marked and lighted in compliance with U.S. Coast Guard regulations.
14. All shoreline use and development shall provide setbacks from adjacent properties in accordance with WCC Table 23.90.130(C). Setbacks shall be of adequate width to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.100 Landfill and excavation.
A. Policies.
1. Landfill and excavation should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged.
2. Landfill in water bodies, floodways, and/or wetlands should not be permitted for creation of new uplands, unless it is part of an approved ecological restoration activity. Landfill should be permitted in limited instances to restore uplands where recent erosion has rapidly reduced upland area, to build beaches and protective berms for shore stabilization or recreation, to restore or enhance degraded shoreline ecological functions and processes, or to moderately elevate low uplands to make such uplands more suitable for purposes consistent with this program.
3. Fill should not be allowed where shore stabilization works would be required to maintain the materials placed.
4. Landfills and excavation should be located and developed so that water quality, hydrologic and runoff patterns are not altered.
5. The predicted economic benefits of landfills and excavation should be weighed against long-term cumulative impacts on ecological processes and functions.
B. Regulations.
1. Landfill and excavation shall be minimized to the maximum extent practicable and allowed only along with approved shoreline use and development activities that are consistent with this program.
2. Landfill and excavation within wetlands or waterward of the ordinary high water mark shall only be permitted in limited instances for the following purposes only, with due consideration given to specific site conditions, and only along with approved shoreline use and development activities that are consistent with this program:
a. Port development for water-dependent uses where other upland alternatives or structural solutions, including pile or pier supports, are infeasible.
b. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible.
c. Ecological restoration or enhancement such as beach nourishment, habitat creation, or bank restoration when consistent with an approved restoration plan.
d. Maintenance of lawfully established development.
e. Development of shore stabilization projects, flood control and instream structures.
Except for landfill for county-approved ecological restoration, fill and excavation waterward of the OHWM or in a wetland may only be authorized as a conditional use.
3. Excavation waterward of the OHWM or within wetlands shall be considered dredging or gravel bar scalping for purposes of this program.
4. Landfills or excavation shall not be located where shore stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable.
5. On marine shores, fill may be permitted in the foreshore where located at drift sector ends in low energy driftways, or on erosional pocket beaches for restoration and enhancement programs where the effect of the landfills interruption of the littoral process can be mitigated.
6. Landfills, beach nourishment and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use including lawful access and enjoyment of scenery.
7. Perimeter banks shall generally be sloped no steeper than one foot vertical for every three feet horizontal unless a specific engineering analysis has been provided, and the administrator determines that the landfill blends physically and visually with existing topography.
8. A temporary erosion and sediment control (TESC) plan shall be provided for all proposed landfill and excavation activities. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.110 Forest practices.
A. Policies.
1. Forest lands should be reserved for long-term forest management and such other uses as are compatible with the dominant use. Other more intensive and incompatible uses tending to impair the dominant use should be discouraged from locating on forest lands.
2. Forest practices should maintain high levels of water quality, as well as surface and ground water movement patterns.
3. Forest practices should minimize damage to wetlands, fish and wildlife species and habitats, especially aquatic habitats.
4. Extreme caution must be observed whenever chemicals are to be used along shorelines; such use should be avoided altogether if possible.
5. Forest practices should maintain or improve the quality of soils and minimize erosion.
6. Where slopes are extremely steep or soils are subject to sliding, rapid erosion or high water table, special practices should be employed to minimize damage to shoreland and water features, and adjacent properties.
B. Regulations.
1. For the purposes of this program, preparatory work associated with the conversion of land to nonforestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed nonforestry use, the general provisions of this program, including vegetation conservation, and shall be limited to the minimum necessary.
2. All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC Title 222), as administered by the Department of Natural Resources and the following:
a. Forest practices roads are prohibited on marine or lake shores where slopes exceed 35 percent except when necessary to obtain access to road networks on land outside the Act’s jurisdiction.
b. Cutting of more than 30 percent of the merchantable trees over a 10-year period within 50 feet of the bank rim on feeder bluffs and landslide hazard areas is prohibited. Only selective thinning methods that minimize erosion potential shall be employed.
c. With respect to timber situated within shoreline jurisdiction along shorelines of statewide significance, only selective commercial timber cutting may be permitted so that no more than 30 percent of the merchantable timber may be harvested in any 10-year period; provided, that other timber harvesting methods may be permitted as a conditional use permit in those limited instances where topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental.
C. Shoreline Area Regulations.
1. Urban. Forest practices are prohibited.
2. Urban Resort. Forest practices are prohibited.
3. Urban Conservancy. Forest practices are prohibited.
4. Shoreline Residential. Forest practices are prohibited.
5. Rural. Forest practices are permitted subject to policies and regulations of this program and critical areas buffer regulations.
6. Resource. Forest practices are permitted subject to policies and regulations of this program and critical areas buffer regulations.
7. Conservancy. Forest practices are permitted subject to policies and regulations of this program and critical areas buffer regulations.
8. Natural. Commercial forestry may be permitted as a conditional use provided it meets the conditions of the State Forest Practices Act and its implementing rules and is conducted in a manner consistent with the purpose of the natural environment designation and this program.
9. Aquatic. Forest practices are prohibited. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.120 Dredging.
A. Policies.
1. Dredging should be permitted for water-dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this program.
2. Dredging to provide water-oriented recreation should not be permitted.
3. Minor dredging as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this program.
4. New development should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new maintenance dredging.
5. Dredging of bottom materials for the primary purpose of obtaining material for landfill, construction, or beach nourishment should not be permitted.
6. Spoil disposal on land away from the shoreline is generally preferred over open water disposal.
7. Long-term cooperative management programs that rely primarily on natural processes, and involve land owners and applicable local, state and federal agencies and tribes, should be pursued to prevent or minimize conditions which make dredging necessary.
B. Regulations.
1. Dredging shall only be permitted for the following activities:
a. Development of approved wet moorages, harbors, ports and water-dependent industries of economic importance to the region only when there are no feasible alternatives.
b. Development of essential public facilities when there are no feasible alternatives.
c. Maintenance dredging for the purpose of restoring a lawfully established development or the previously permitted or authorized hydraulic capacity of streams.
d. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
e. Establishing, expanding, relocating or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized location, depth, and width.
f. Removal of gravel for flood management purposes consistent with an adopted flood hazard reduction plan and only after a biological and geomorphological study demonstrates that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of shoreline ecological functions and processes, and is part of a comprehensive flood management solution.
g. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat.
h. Minor trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and:
i. Impacts to fish and wildlife habitat are avoided to the maximum extent possible.
ii. The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration.
iii. Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation.
i. Dredging for the purpose of obtaining landfill material is prohibited, except that limited bar scalping of gravel in streams is permitted subject to policies and regulations for mining under WCC 23.100.080.
2. The physical alignment and ecological functions and processes of streams, lakes or marine shorelines shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage.
3. Limitations on dredge or disposal operation may be imposed to reduce proximity impacts, protect the public safety and assure compatibility with the interests of other shoreline users. Conditions may include limits on periods and hours of operation, type of machinery, and may require provision of landscaped buffer strips and/or fencing to address noise and visual impacts at land disposal or transfer sites.
4. Spoil Disposal.
a. Spoil disposal on land away from the shoreline is permitted only under the following conditions:
i. Shoreline ecological functions and processes will be preserved, including protection of surface and ground water.
ii. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property.
iii. Sites will be adequately screened from view of local residents or passersby on public rights-of-way.
b. Spoil disposal is prohibited on marine shorelines between the line of extreme low tide and the ordinary high water mark, on lake shorelines or beds, and in streams; except that dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment.
c. Spoil disposal in open waters may be approved only in accordance with the Puget Sound Dredged Disposal Analysis (PSDDA) evaluation procedures for managing in-water disposal of dredged material; when approved by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and Washington State Department of Fish and Wildlife hydraulic project approval (HPA); and when found to meet the following conditions:
i. Land disposal is infeasible, less consistent with this program, or prohibited by law.
ii. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible.
iii. Offshore habitat will be protected, restored, or enhanced.
iv. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated.
v. Shifting and dispersal of spoil will be minimal.
vi. Water quality will not be adversely affected.
5. In addition to the minimum application requirements specified in WCC 23.60.050, the following information shall be required for all dredging applications:
a. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this program.
b. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including:
i. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on mean lower low water (MLLW) and have data points at a minimum of two-foot depth increments.
ii. A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines.
iii. Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas.
c. A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed.
i. Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc.
ii. Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc.
iii. Biological analysis of material to be dredged.
d. A description of the method of materials removal, including facilities for settlement and movement.
i. Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed.
ii. Frequency and quantity of project maintenance dredging.
e. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to:
i. Spoils disposal area:
(A) Physical characteristics including location, topography, existing drainage patterns, surface and ground water;
(B) Size and capacity of disposal site;
(C) Means of transportation to the disposal site;
(D) Proposed dewatering and stabilization of spoils;
(E) Methods of controlling erosion and sedimentation; and
(F) Future use of the site and conformance with land use policies and regulations.
ii. Total initial spoils volume.
iii. Plan for disposal of maintenance spoils for at least a 50-year period.
f. Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging.
C. Shoreline Area Regulations.
1. Urban. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
2. Urban Resort. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
3. Urban Conservancy. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
4. Shoreline Residential. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
5. Rural. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
6. Resource. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
7. Conservancy. Dredging may be permitted as a conditional use subject to policies and regulations of this program.
8. Natural. Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to policies and regulations of this program.
9. Aquatic. Dredging may be permitted as a conditional use subject to the use and development regulations of the abutting upland shoreline area designation; provided, that the conditional use permit requirement may be waived upon county and Ecology approval of a sediment management plan component for a mutually designated reach of river. Maintenance dredging pursuant to WCC 23.60.022(B) is permitted subject to the policies and regulations of this program without a conditional use permit, provided the original constructed bottom contours have been established and documented in a prior shoreline permit or authorization. (Ord. 2009-13 § 1 (Exh. 1)).
23.90.130 Shoreline bulk provisions – Buffers, setbacks, height, open space and impervious surface coverage.
A. Policies. Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes and preserve the existing character of the shoreline consistent with the purpose of the shoreline area designation.
B. Regulations.
1. Table of Bulk Regulations. WCC Table 23.90.130(C) establishes the minimum required dimensional requirements for development including all structures and substantial alteration of natural topography. Additional standards may be established in Chapter 23.100 WCC, Shoreline Use Policies and Regulations. All measurements except height and area shall be measured outward on the horizontal plane and in the direction that results in the greatest dimension from property lines, or from other features specified. Dimensional standards relating to critical areas are governed by the provisions of Chapter 16.16 WCC. Dimensional standards specified in this program shall not exceed the geographic limit of the Act’s jurisdiction.
2. Except as otherwise stated, the Whatcom County Comprehensive Plan, zoning regulations, critical areas regulations, flood control regulations, subdivision regulations, health regulations and other adopted regulatory provisions apply within shoreline jurisdiction. In the event the provisions of this program conflict with provisions of other county regulations, the more protective of shoreline resources shall prevail.
3. All use and development activities shall conform to all applicable plans, policies, standards, guidelines and regulations of other agencies with jurisdiction in shoreline areas.
4. Sideyard setbacks shall be measured from all property lines that intersect the shore side of a lot or tract; provided, that for development not requiring a wider buffer, five feet of the total required sideyard setbacks may be provided on one side and the balance on the other side; and provided further, that, for a single-family residence or duplex on a nonconforming lot that does not provide sufficient area to meet the standard dimensional requirements for buffers and setbacks, the nonconforming provisions of WCC 23.50.070 apply.
5. Table WCC 23.90.130(C) establishes the maximum allowed building height for all primary and accessory structures. Height is measured according to the definition in WCC 23.110.080(7); provided, that on urban resort shorelines only, commercial development and multiunit residential development more than 100 feet from the ordinary high water mark may exceed the standard height limit, when approved with a shoreline conditional use permit, up to a maximum height of 75 feet; provided, that specific location design and other conditions may be imposed to meet the policies and regulations of this program; provided further, that, pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building or structure more that 35 feet above average grade level that will obstruct the view of a substantial number of residences on or adjoining such shorelines except where the program does not prohibit such development and only when overriding considerations of the public interest will be served. The applicant/proponent shall be responsible for providing sufficient information to the administrator to determine that such development will not obstruct the view of a substantial number of residences on or adjoining such shorelines.
6. Necessary power poles and transmission towers are not subject to height limits but shall not be higher than necessary to achieve the intended purpose.
7. The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes; and provided further, that they comply with all the applicable regulations in Chapter 16.16 WCC:
a. Those portions of approved private water-dependent development or public water-oriented development that require a location waterward of the ordinary high water mark of streams, rivers, lakes, ponds, marine shorelines, associated wetlands and/or within their associated buffers.
b. Underground utilities.
c. Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with this program; provided, that the decision maker determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible, and the modification is in conformance with the provisions of WCC 23.50.070 for nonconforming development and uses.
d. Roads, railways and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development.
e. Stairs and walkways no greater than four feet in width nor 18 inches in height above grade, except for railings.
f. Shared moorages shall not be subject to sideyard setbacks when located on or adjacent to a property line shared in common by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility.
8. Height limits contained in this program for accessory structures in the rural, resource or conservancy shoreline environments shall not apply within shoreline jurisdiction of the Nooksack and Sumas Rivers beyond 150 feet from the OHWM.
|
Shoreline Uses |
Shoreline Area Designation |
||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Urban |
Urban Resort |
Urban Conservancy |
Shoreline Residential |
Rural |
Resource |
Conservancy |
Natural |
Aquatic |
|
|
Agriculture |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
20' |
N/A |
20' |
20' |
20' |
20' |
20' |
N/A |
N/A |
|
Height Limit (a/b) |
35' |
N/A |
35' / 35' |
35' / 35' |
35' / 35' |
35' / 35' |
35' / 35' |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Aquaculture |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
10' |
10' |
10' |
10' |
10' |
10' |
15' |
N/A |
N/A |
|
*Height Limit (a/b) |
25' / 35' |
25' / 35' |
20' / 30' |
25' / 35' |
20' / 30' |
20' / 30' |
15' / 25' |
N/A |
10' |
|
Open Space % |
30% |
40% |
50% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Commercial |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
5' + |
5' + |
10' + |
10' + |
10' + |
10' + |
15' + |
N/A |
N/A |
|
*Height Limit (a/b/g) |
25' / 35' |
25' / 35' |
20' / 30' |
25' / 35' |
20' / 30' |
20' / 30' |
15' / 25' |
N/A |
15' |
|
Open Space % (c/d) |
30% / 15% |
40% / 20% |
60% / 30% |
30% / 15% |
50% / 25% |
50% / 25% |
60% / 30% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Boating Facilities: Marinas and Launch Ramps |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
10' |
10' |
10' |
10' |
10' |
10' |
15' |
N/A |
N/A |
|
*Height Limit (a/b) |
25' / 35' |
25' / 35' |
25' / 35' |
25' / 35' |
20' / 25' |
20' / 25' |
15' / 25' |
N/A |
N/A |
|
Open Space % (c/d) |
15% |
30% |
50% |
15% |
30% |
30% |
50% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Mining |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
N/A |
N/A |
N/A |
N/A |
50' |
50' |
100' |
N/A |
N/A |
|
Open Space % |
N/A |
N/A |
N/A |
N/A |
50% |
50% |
50% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Industrial and Port Development |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
30' |
10' |
30' |
30' |
40' |
40' |
60' |
N/A |
N/A |
|
Height Limit (a/b) |
35' / 35' |
15' / 25' |
20' / 30' |
35' / 35' |
25' / 35' |
25' / 35' |
25' / 35' |
N/A |
20' |
|
Open Space % |
30% |
40% |
60% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Recreation |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
10' |
10' |
15' |
10' |
15' |
15' |
20' |
20' |
N/A |
|
*Height Limit (a/b) |
25' / 35' |
25' / 35' |
20' / 35' |
25' / 35' |
20' / 35' |
20' / 35' |
15' / 25' |
10' / 15' |
15' |
|
Open Space % (c/d) |
30% / 25% |
40% / 40% |
50% / 60% |
30% / 25% |
50% / 60% |
50% / 60% |
60% / 75% |
95% |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊◊ 10% |
◊◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Residential – Single-Family and Duplex |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
◊ Maximum Density |
6:1 ac. |
22:1 ac. |
6:1 ac. |
6:1 ac. |
1:1 ac. |
1:20 ac. |
1:1 ac. |
N/A |
N/A |
|
• Side Setback |
5' |
5' |
10' |
5' |
10' |
10' |
15' |
15' |
N/A |
|
*Height Limit (a/b) |
30' / 30' |
30' / 30' |
30' / 35' |
30' / 30' |
30' / 35' |
30' / 35' |
30' / 35' |
30' / 35' |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊ ◊ 10% |
◊ ◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Residential – Multifamily (3 – 6 units) |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
◊ Maximum Density |
6:1 ac. |
22:1 ac. |
6:1 ac. |
6:1 ac. |
1:1 ac. |
1:20 ac. |
1:1 ac. |
N/A |
N/A |
|
• Side Setback (e/f) |
5' + |
5' + |
15' + |
5' + |
15' + |
15' + |
20' |
N/A |
N/A |
|
*Height Limit (a/b/g) |
30' / 40' |
30' / 40' |
30' / 35' |
30' / 40' |
30' / 35' |
30' / 35' |
30' / 35' |
N/A |
N/A |
|
Open Space % |
30% |
40% |
60% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊ ◊ 10% |
◊ ◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Residential – Multifamily (7+ units) |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
◊ Maximum Density |
6:1 ac. |
22:1 ac. |
6:1 ac. |
6:1 ac. |
1:1 ac. |
1:20 ac. |
1:1 ac. |
N/A |
N/A |
|
• Side Setback (e/f) |
5' + |
5' + |
15' + |
5' + |
15' + |
15' + |
20' |
N/A |
N/A |
|
*Height Limit (a/b/g) |
30' / 40' |
30' / 40' |
30' / 35' |
30' / 40' |
30' / 35' |
30' / 35' |
30' / 35' |
N/A |
N/A |
|
Open Space |
30% |
40% |
50% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊ ◊ 10% |
◊ ◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
Residential – Decks and Accessory Structures |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
5' |
5' |
10' |
5' |
10' |
10' |
15' |
15' |
N/A |
|
*Height Limit |
15' |
15' |
15' |
15' |
15' |
15' |
15' |
15' |
N/A |
|
Transportation Facilities |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
Signs |
|||||||||
|
**Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
5' |
5' |
10' |
5' |
10' |
10' |
15' |
N/A |
N/A |
|
*Height Limit (a/b) |
10' / 15' |
10' / 15' |
6' / 10' |
10' / 15' |
6' / 10' |
6' / 10' |
6' / 10' |
N/A |
10' |
|
Utilities |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
5' |
5' |
10' |
5' |
10' |
10' |
15' |
N/A |
N/A |
|
*Height Limit (a/b) |
20' / 35' |
20' / 35' |
20' / 20' |
20' / 35' |
20' / 20' |
20' / 20' |
20' / 20' |
N/A |
N/A |
|
Open Space % |
30% |
40% |
60% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊ ◊ 10% |
◊ ◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
|
All Other Development |
|||||||||
|
Shore Setback |
Per Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC, Buffers |
||||||||
|
• Side Setback |
10' |
10' |
10' |
10' |
15' |
15' |
20' |
N/A |
N/A |
|
*Height Limit (a/b) |
25' / 35' |
25' / 35' |
25' / 35' |
20' / 30' |
20' / 30' |
20' / 30' |
20' / 30' |
N/A |
N/A |
|
Open Space % |
30% |
40% |
60% |
30% |
50% |
50% |
60% |
N/A |
N/A |
|
Impervious Surface Coverage |
Per the underlying zone district, WCC Title 20. |
◊ ◊ 10% |
◊ ◊ 10% |
Per the underlying zone district, WCC Title 20. |
|||||
a = Applies to structures within 100 feet of OHWM or wetland edge.
b = Applies to structures more than 100 feet from OHWM or wetland edge.
c = Applies to development that includes overnight lodging.
d = Applies to development that does not include overnight lodging.
e = Applies to structures not more than 35 feet high.
f = Applies to structures more than 35 feet high.
g = Height limit may be increased to 75 feet via conditional use permit – see WCC 23.90.130(B)(5).
+ = Add five feet of setback for each five feet of height over 15 feet.
* = Maximum height for accessory buildings is 15 feet.
** = See WCC 23.100.140(B)(10) through (14).
• = Roof overhangs or other architectural features shall not project further than 18 inches into the side yard setbacks.
◊ = Maximum allowable development density shall be calculated pursuant to the applicable underlying zone district, per WCC Title 20; provided, that maximum allowable density in dwelling units/acre shall not exceed the density ratios identified above. Density shall be calculated based on the total area of the parent parcel including those areas located outside of shoreline jurisdiction. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in density calculations.
◊ ◊ = Where the maximum total impervious surface percentage does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed.
N/A = Not applicable.
(Ord. 2009-13 § 1 (Exh. 1)).