Chapter 21.73 GENERAL SHORELINE REGULATIONS

Chapter 21.73
GENERAL SHORELINE REGULATIONS

Sections:

21.73.010 Applicability.

21.73.020 No net loss of ecological functions and mitigation sequencing.

21.73.030 Federal and State approvals.

21.73.040 Public access.

21.73.050 Shoreline vegetation management.

21.73.060 Archeological and historic resources.

21.73.070 Water quality, surface water runoff, and nonpoint pollution.

21.73.080 Nonconformance.

21.73.090 In-water construction.

21.73.100 General shoreline regulations.

21.73.110 Financial guarantees.

21.73.120 Emergency actions.

21.73.130 Permits and approvals.

21.73.010 Applicability.

The regulations set forth in this chapter apply to all uses, development and activities within the shoreline jurisdiction. (Ord. 716 § 4 (Att. A), 2021)

21.73.020 No net loss of ecological functions and mitigation sequencing.

(1) Under Chapter 173-26 WAC, uses, development and shoreline modifications shall be designed, located, sized, constructed and/or maintained to achieve no net loss of shoreline ecological functions. At the project level, this is a balancing of unavoidable shoreline ecological function losses with replacement for those losses so that further reduction to shoreline ecological functions or ecosystem-wide processes may be prevented.

(2) To assure that development activities do not cause a net loss of shoreline ecological functions, a written mitigation sequencing analysis is required if any of the following conditions are present:

(a) Where a proposed use or activity is not listed in the shoreline master program, including shoreline conditional use for unclassified uses or shoreline variances;

(b) Where regulations reference a requirement for a mitigation sequencing analysis; or

(3) A written mitigation sequencing analysis is not required where specific standards are provided in the shoreline master program unless the standard specifically references such a requirement.

(4) The written mitigation sequencing analysis must demonstrate that all reasonable efforts have been examined with the intent to avoid or, if this is not feasible, to minimize and then mitigate for any impacts to shoreline ecological functions caused by the use or activity.

(5) A written mitigation sequencing analysis must include the following:

(a) A description of the existing conditions, functions and values of the affected shoreline;

(b) A demonstration that mitigation sequencing has been followed in designing and locating the use or activity pursuant to WMC 21.73.020(6); and

(i) Anticipated impacts to the shoreline ecological functions;

(ii) Goals and objectives for achieving no net loss related to the functions and values of the impacted shoreline ecological functions;

(iii) Proposed mitigation actions and how these relate to the goals and objectives for achieving no net loss; and

(iv) Measurable criteria for evaluating whether the no net loss standard has been achieved.

(6) Mitigation sequencing includes the following in order of highest preference to lowest preference:

(a) Avoid the impact altogether, which means not taking an action or part of an action to prevent impacts to shoreline ecological functions such as moving structures further away from properly functioning shoreline areas, using different landscaping plants or techniques, substituting a less impactful use, or redesigning the proposal altogether;

(b) Minimizing the impact by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce the impacts;

(d) Reducing or eliminating the impact over time through preservation and maintenance operations during the life of the action;

(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

(f) Monitoring the impact and taking appropriate corrective measures.

(7) WMC 21.73.020(6)(a) shall not be used to deny a use or activity authorized by the shoreline master program. Mitigation sequencing actions shall have the lower priority measures applied only where higher priority measures are determined to be infeasible or not applicable.

(8) When compensatory measures are appropriate, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions.

(9) Application of the mitigation sequencing should not result in required mitigation more than that necessary to assure no net loss of shoreline ecological functions. (Ord. 716 § 4 (Att. A), 2021)

21.73.030 Federal and State approvals.

(1) All work at or waterward of the ordinary high water mark requires permits or approvals from one or more of the following Federal and State agencies: U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife, Washington State Department of Natural Resources, or Washington State Department of Ecology.

(2) Documentation verifying necessary Federal and State agency approvals must be submitted to the City prior to issuance of construction permits affecting shoreline areas. (Ord. 716 § 4 (Att. A), 2021)

21.73.040 Public access.

(1) There is a diversity of parks, open space, and public facilities providing access to the Sammamish River and Little Bear Creek. This includes the Sammamish River Trail, which parallels the Sammamish River, Wilmot Park, Woodin Creek Park, Little Bear Creek Rotary Park, and Little Bear Creek Lineal Park. The City’s intent is to develop visual and physical access to the shoreline and to develop connections between these facilities and with public rights-of-way and the larger City-wide trails and pedestrian network.

(2) Public access to the shoreline is required for the following when inside the shoreline jurisdiction:

(a) New substantial development by any public entities, including but not limited to the City, State agencies, and public utility districts;

(b) All new divisions of land creating five or more new lots and/or any development having five or more dwelling units;

(c) Any new commercial or industrial development/redevelopment that may increase demand for public access to the shoreline or recreational facilities near or adjacent to the shorelines.

(3) Public access to the shoreline may be in the form of:

(a) Physical access such as but not limited to trails, walkways, swimming areas, parks; or

(b) Visual access such as view corridors; or

(4) Public access to the shoreline is required to incorporate the following elements:

(a) Where applicable, public access shall be developed consistent with City, King County and regional parks and open space plans;

(b) All residential development subject to public access requirements shall provide shared public open space on the shoreline for residents of the development;

(c) Public trail easements and/or dedications are required by all developments, except for detached single-family residential, when such developments are located within any community or regional trail corridor identified in the Woodinville Comprehensive Plan and/or the City’s Nonmotorized Transportation Plan;

(d) Public access locations shall be clearly marked with visible signage;

(e) Public access can consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, or other means approved by the Director;

(f) Shoreline public access provided by street ends, public utilities, and rights-of-way shall not be diminished consistent with RCW 35.79.035.

(5) Where public access is shown to be incompatible with a shoreline development due to reasons of safety, security, or impact to the shoreline environment, the Director may approve alternative measures for public access such as but not limited to contributing to public access at off-site locations.

(6) Maintenance Responsibility by Private Parties for Public Benefits.

(a) Property owners who construct or have a private party or public agency construct on their behalf, an improvement which encourages public access or use or has other public benefit, shall be responsible for the maintenance, upkeep, and provision of insurance thereof, if such improvement is on the property.

(b) If an owner constructs an improvement which encourages public access or use or has other public benefit on other than his/her own property, responsibility of maintenance, upkeep, and provisions of insurance shall fall on the owner or owners of the property on which the improvement was made.

(d) Documentation of the maintenance obligation set forth herein shall be recorded upon the title of the property upon which public access or public benefit improvements are constructed. (Ord. 716 § 4 (Att. A), 2021)

21.73.050 Shoreline vegetation management.

(1) General Provisions.

(a) This section applies in combination with other provisions of the Woodinville Municipal Code and the shoreline master program affecting shoreline vegetation such as vegetation clearing, tree pruning and removal, earth grading, vegetation restoration, and similar provisions.

(b) This section provides the minimum requirements for vegetation management within the shoreline jurisdiction to assure no net loss of shoreline ecological functions resulting from new development activity.

(c) Shoreline vegetation management shall not apply retroactively to existing legally established uses and development until such time that new uses, development and/or activities are proposed.

(2) Vegetation Management.

(a) Vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development that is consistent with other provisions of this shoreline master program.

(b) All land surface areas having vegetation removed and soils exposed due to development activity shall be revegetated, using native plants, to existing or better conditions than before the vegetation was removed.

(c) The use of artificial chemicals including pesticides, herbicides and fertilizers shall be prohibited (organic plant treatments are acceptable) unless expressly allowed elsewhere by the shoreline master program.

(3) Vegetation Conservation Areas.

(a) Wetland and fish and wildlife habitat conservation area buffers located within the shoreline jurisdiction are designated shoreline vegetation conservation areas (see WMC 21.77.100 and 21.77.120).

(b) The following development standards apply within shoreline vegetation conservation areas:

(i) Existing native vegetation shall be preserved to the extent feasible;

(ii) Native trees and shrubs shall be preserved to maintain and provide shoreline ecological functions such as habitat, shade, and slope stabilization; and

(iii) No more than 15 percent of the total native vegetation within the shoreline vegetation conservation area on the property can be cleared within any five-year period unless replacement native plantings are provided in a quality and quantity that provides greater benefit to shoreline ecological functions than a strict application of this section.

(i) All native and nonnative trees shall be preserved within a shoreline vegetation conservation area, except where removal may be authorized, and replacement requirements are satisfied pursuant to Table 21.73.050.

Table 21.73.050 – Vegetation Conservation Tree Replacement Requirements
Size of Tree Removed	Replacement Requirement (Each Tree)
Less than 6 inches diameter breast height	Permitted, provided either a native tree is planted, or native riparian vegetation is planted equal to or larger than the square footage of the drip line of the tree being removed
6 inches diameter breast height to 12 inches diameter breast height	Permitted, provided at least 1 native tree, 6 feet or more in height if a conifer, or 2 inches or more caliper if deciduous is planted
Greater than 12 inches diameter breast height, but less than 24 inches diameter breast height	Permitted, provided at least 1 native tree, 6 feet or more in height if a conifer, or 2 inches or more in caliper if deciduous, is planted; plus, native riparian vegetation is planted equal to or larger than the square footage of the drip line of the tree being removed
24 inches diameter breast height and greater	Only trees determined by the City to be hazardous or nuisance trees, or trees where retention is not feasible to reasonably allow a permitted shoreline use are permitted to be removed provided 2 native species replacement trees are planted meeting the following: • Each replacement conifer tree shall be at least 6 feet in height after planting; and/or • Each replacement deciduous tree shall be at least 3 inches in caliper at the time of planting
Trees that fall because of natural causes, such as fire, flood, earthquake or storm	Replace with 1 native conifer or deciduous tree. Conifer trees shall be at least 6 feet in height after planting and deciduous trees shall be at least 2 inches in caliper at the time of planting. As an alternative, a fallen tree can be left in place provided conditions are included for the fallen tree to remain in place in perpetuity, including notification measures to future property owners of this restriction

(ii) Permits for the removal of trees are set forth in Chapter 21.50 WMC, the City’s Tree Code.

(iii) Where Table 21.73.050 requires riparian vegetation plantings, at least 60 percent of the plantings shall be shrubs and the area dimensions of the shrubs shall be a minimum of three feet in width in all directions at the time of the planting.

(iv) Tree removal mitigation shall be planted within the vegetation conservation area, except the Director may authorize alternative locations provided it is demonstrated that there is no net loss of shoreline ecological functions pursuant to WMC 21.73.020.

(d) Aquatic Vegetation Removal.

(i) Aquatic vegetation control shall only occur when native plant communities and associated habitats are threatened or where an existing water-dependent use is restricted by the presence of invasive aquatic vegetation.

(ii) The control of aquatic vegetation by hand pulling or placement of aquascreens, if proposed to maintain existing water depth for navigation, shall be considered normal maintenance and repair pursuant to WAC 173-27-040(2)(b). Additionally, control of aquatic vegetation by mechanical methods may qualify as normal maintenance and repair, provided the bottom sediment or benthos is not disturbed in the process. If the bottom sediment or benthos is disturbed by mechanical methods, it shall not qualify as normal maintenance and repair under WAC 173-27-040(2)(b). (Ord. 716 § 4 (Att. A), 2021)

21.73.060 Archeological and historic resources.

The following requirements apply to archaeological and historic resources that are either recorded at the State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered:

(1) Archaeological sites located in and outside shoreline jurisdiction are subject to Chapter 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and records) and development or uses that may impact such sites shall comply with Chapter 25-48 WAC as well as the provisions of the shoreline master program;

(2) If archaeological resources are uncovered during excavation, all work shall immediately cease and the City, the Washington State Department of Archaeology and Historic Preservation, and affected Native American tribes shall be immediately notified;

(3) A site inspection or evaluation by a professional archaeologist in coordination with affected Native American tribes shall be required for all permits issued in areas documented to contain archaeological resources;

(4) Significant archaeological and historic resources shall be permanently preserved for scientific study, education and public observation. When the City determines that a site has significant archaeological, natural scientific or historical value:

(a) No permit authorizing development or land modification shall be issued which would pose a threat to the site; and

(b) The development may be required to be redesigned or postponed in such areas to allow investigation of public acquisition potential and/or retrieval and preservation of significant artifacts;

(5) In the event an emergency as defined in RCW 90.58.030 necessitates rapid action to retrieve or preserve artifacts or data identified, the project may be exempted from the permit requirement of these regulations, provided the City notifies the Washington State Department of Ecology, the Washington State Attorney General’s Office and the Washington State Historic Preservation Office of such a waiver in a timely manner;

(6) Identified historical or archaeological resources shall be considered in park, open space, public access, and site planning with access to such areas designed and managed to give maximum protection to the resource and surrounding environment; and

(7) Clear interpretation of historical and archaeological features and natural areas shall be provided when appropriate. (Ord. 716 § 4 (Att. A), 2021)

21.73.070 Water quality, surface water runoff, and nonpoint pollution.

(1) All shoreline development during and after construction shall minimize impacts related to surface runoff through control, treatment and release of surface water runoff such that there is no net loss of receiving water quality in the shoreline environment. Control measures include but are not limited to dikes, runoff intercepting ditches, catch basins, settling wet ponds, sedimentation ponds, oil/water separators, filtration systems, grassy swales, planted buffers, and fugitive dust controls.

(2) Shoreline development and uses shall adhere to all required setbacks, buffers and standards for stormwater storage basins.

(3) All shoreline development shall comply with the applicable requirements of the City’s adopted Surface Water Design Manual and all applicable City stormwater regulations.

(4) Where feasible, shoreline development must implement low impact development techniques pursuant to the standards contained in the adopted Surface Water Design Manual in Chapter 13.05 WMC and the Low Impact Development Technical Guidance Manual for Puget Sound (2012) or successor.

(5) Discharge of sewage, waste, rubbish, and litter into the water is not permitted. Disposal of fuels, cleansers, lubricants, or hydraulic fluids and other possible toxic substances into water bodies on shoreline areas or tributaries of shorelines is prohibited.

(6) If boats equipped with marine toilets and/or galleys do not have holding tanks, these facilities must be sealed from use to prevent their discharge into waterways. (Ord. 716 § 4 (Att. A), 2021)

21.73.080 Nonconformance.

(1) Finding. The City recognizes that land, structures, and uses of land and structures that do not conform to the Act or this shoreline master program are detrimental to the public interest. The City also recognizes that it would be unfair to require a nonconformance to immediately cease. The intent of this section is to establish regulations and procedures which protect rights associated with legally established nonconformance and for the eventual elimination of nonconformance.

(2) This section applies to:

(a) All uses, structures and other forms of development regulated under, but not complying with the Act or the shoreline master program; and

(b) All structures for which a shoreline variance was approved, which shall be considered legal nonconforming structures for which the requirements of this section shall apply.

(3) A person or party asserting the existence of a lawfully established nonconformance has the burden of proving that the condition satisfied the requirements of the shoreline master program in effect at its creation.

(4) Nonconforming Uses. The following apply to all nonconforming uses:

(a) Any legally established nonconforming use may continue until such time that the rights to the nonconformance are abandoned pursuant to subsection (4)(c) of this section;

(b) A nonconforming use may not have its floor area, or any other element of the use increased or expanded except as may be allowed under approval as an unclassified use pursuant to WMC 21.72.020(4);

(i) The use is changed to a different use (this does not include changes only involving ownership where the use otherwise is not affected); or

(ii) The use is discontinued for a period of 12 consecutive months or more; or

(iii) The use is discontinued for a total of 12 months or more during any 24-consecutive-month period; and

(d) A structure conforming to the shoreline master program but containing a nonconforming use, or used in support of a nonconforming use, which experiences damage to the extent that it can no longer be occupied by the nonconforming use, may have the rights to the nonconforming use continued provided all the following apply:

(i) The loss of the structure is the result of a fire or other casualty not intentionally caused by an owner or tenant of the property;

(ii) The nonconforming use is eligible for and the property owner obtains approval of a shoreline conditional use permit;

(iii) A complete shoreline conditional use permit application or a complete building permit application to replace the structure(s) is filed with the City within three years of such fire, natural disaster, or casualty event; and

(iv) The Director may grant up to two one-year extensions to subsection (4)(d)(iii) of this section if the property owner demonstrates with each extension request that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission.

(5) Nonconforming Structures. The following apply to all nonconforming structures:

(a) Any legally established nonconforming structure may continue until such time that the rights for the nonconformance are abandoned pursuant to subsection (5)(d) of this section;

(b) Where multiple structures exist on the same lot, the requirements of this section shall apply to each structure independent of other structures on the same lot; except where the nonconformance is due to impervious surface coverage, the requirements of this section shall apply to all impervious surfaces on the same lot as if they were one structure;

(c) A nonconforming structure may be enlarged, extended, repaired, remodeled, or structurally altered provided the work does not increase the nonconformance and no new structure bulk or area is added to those parts of the building that are the cause of the nonconformance, except the Director may approve an increase in a nonconformance where it is reasonably necessary, and is the minimum necessary, to improve access for elderly or disabled persons;

(d) A nonconforming structure shall be determined to have its nonconformance abandoned and all rights to the nonconformance lost if:

(i) A nonconforming structure meeting the definition of building in WMC 21.70.211 experiences substantial destruction; or

(ii) For all other structures other than a building, it experiences reconstruction;

(e) Where the rights to a nonconforming structure have been abandoned, continuation of the nonconformance shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the entire structure to be brought into compliance with the shoreline master program in effect;

(f) A nonconforming structure which is moved any distance must be brought into conformance with the shoreline master program; and

(g) A nonconforming structure that experiences substantial destruction or reconstruction may have the rights to the nonconformance continued provided all the following apply:

(i) The loss of the structure is the result of a fire or other casualty not intentionally caused by the owner or tenant of the property;

(ii) The nonconforming structure is a detached single-family dwelling or townhome, and replacement is within the original configuration of the building immediately prior to the substantial destruction;

(iii) Alterations including additions to the original configuration may be authorized provided the alteration does not add any new bulk or area to those parts of the building that are the cause of the nonconformance;

(iv) A complete building permit application to replace the building is filed with the City within three years of such fire, natural disaster, or casualty event; and

(v) The Director may grant up to two one-year extensions to subsection (4)(g)(iv) of this section if the property owner demonstrates with each extension request that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission.

(6) Nonconforming Site.

(a) A nonconforming site may not be altered unless the alteration conforms to the requirements of the shoreline master program, except parking lots may be reconfigured within existing paved surfaces.

(b) When a nonconforming site is altered:

(i) If less than 50 percent of the site area, excluding the footprint of existing buildings, is altered and no substantial improvements will occur then only the area of the alteration is required to be brought into compliance with the shoreline master program; or

(ii) If 50 percent or more of the site area, excluding the footprint of existing buildings, is altered or substantial improvement will occur then the entire site area must be brought into compliance with the shoreline master program.

(7) Unlawful Uses and Structures.

(a) Uses and structures that do not comply with applicable development regulations in effect at the time of establishment are determined illegal and subject to enforcement as prescribed by law.

(b) Nothing in this section shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure.

(c) The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and/or structure. (Ord. 716 § 4 (Att. A), 2021)

21.73.090 In-water construction.

The following requirements apply to in-water work, including, but not limited to, installation of new structures, repair of existing structures, restoration projects, and aquatic vegetation removal:

(1) In-water structures and activities shall be placed and designed to avoid the need for future shoreline stabilization activities and dredging, giving due consideration to watershed functions and processes, with special emphasis on protecting and restoring priority habitat and species;

(2) Stream beds may not be disturbed during critical fish passage periods, unless authorized by a State or Federal permit;

(3) Waste material and unauthorized fill resulting from construction, such as construction debris, silt or excess dirt resulting from in-water structure installation, concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, paper and any other similar material upland of or below the ordinary high water line, shall be removed;

(4) Measures shall be taken in advance and during construction to ensure that no petroleum products, hydraulic fluid, cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials can enter or leach into the water body during in-water activities;

(5) Appropriate spill clean-up materials must always be on site, and any spills must be contained and cleaned immediately after discovery;

(6) In-water work must be conducted in a manner that causes little or no siltation to adjacent areas and shall require a sediment control curtain in those instances where siltation is expected;

(7) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to perform the in-water work and all disturbed areas will be protected from erosion using vegetation or other means; and

(8) If at any time, because of in-water work, water quality problems develop, immediate notification shall be made to the Washington State Department of Ecology. (Ord. 716 § 4 (Att. A), 2021)

21.73.100 General shoreline regulations.

(1) King County River Protection Easement. Where shoreline regulations permit location of a structure closer to the Sammamish River than the edge of the King County River Protection Easement, each applicant must obtain approval of the construction location from the appropriate King County Department.

(2) Navigable Waters. All developments and activities using navigable waters, or their beds shall be located and designed to minimize interference with surface navigation, to minimize adverse visual impacts, and to allow for the safe, unobstructed passage of fish and animals, particularly those whose life cycles are dependent on such migration.

(3) All new shoreline development proposals are required, where appropriate, to provide evidence of:

(a) Coordination among affected jurisdictions and agencies;

(b) Adequate means to mitigate, to the greatest extent possible, adverse environmental impacts to ensure no net loss of shoreline ecological functions;

(d) Conformance with regional and local plans applicable to the proposal. (Ord. 716 § 4 (Att. A), 2021)

21.73.110 Financial guarantees.

Where a financial security is required, an applicant may choose to provide a bond, line of credit, cash deposit, or other form of financial guarantee that is acceptable to the City. The terms of the financial security shall include the following:

(1) An amount of funds equal to 100 percent of estimated costs for completion of all required enhancements, mitigation and/or other improvements are completed in a manner that complies with the conditions of approval and with satisfactory workmanship and materials;

(2) An amount of funds equal to 100 percent of the estimated costs of maintenance and/or monitoring requirements including correction of any failures;

(3) An amount equal to 100 percent to cover estimated expenses to administer the security should it become necessary to apply the financial security towards completing the enhancements, mitigation and/or other improvements;

(4) Conditions under which the financial security is providing a guarantee;

(5) Description of when some or all financial security may be released, including satisfactory completion of elements for which the financial security was provided. (Ord. 716 § 4 (Att. A), 2021)

21.73.120 Emergency actions.

(1) Emergency actions are those that pose an unanticipated and imminent threat to public health, safety, or the environment and that require action immediately or within a period of time too short to allow full compliance with the provisions of the shoreline master program.

(2) Emergency actions shall comply with the following conditions:

(a) Limited to using reasonable methods necessary to address the emergency;

(b) Have the least possible impacts on shoreline ecological functions and processes; and

(3) Notification Requirements.

(a) The party undertaking the emergency action shall notify the City immediately of the existence of the emergency and the proposed emergency action, or when this is not reasonably possible, within two business days following commencement of the emergency action.

(b) The party undertaking the emergency action shall provide the City within seven days following completion of the emergency action, a written description of the work undertaken, a site plan, a description of the pre-emergency conditions, and other information requested by the City to determine whether the action was permitted within the scope of an emergency action.

(4) Decision.

(a) The Director will evaluate the emergency action for consistency with WAC 173-27-040(2)(d) and determine whether the action taken, or any part of the action taken, was within the scope of an emergency action exempt from the requirements for a shoreline substantial development permit.

(b) If the Director determines that the action does not qualify as an emergency action, the party may be required to obtain a permit and/or perform remediation. This shall not preempt the City from determining a particular action to be a violation subject to enforcement set forth in WMC 21.70.100.

(c) Whether a situation qualified as an emergency action or not, the City may require the property owner and/or the party that undertook the emergency action to provide mitigation for impacts to shoreline ecological functions caused by the action. (Ord. 716 § 4 (Att. A), 2021)

21.73.130 Permits and approvals.

Chapters 21.70 through 21.77 WMC contain provisions for permits and approvals applicable to development. Chapters 21.80 through 21.84 WMC provide the review procedures and criteria by which permits and other applications under the shoreline master program are reviewed and decisions rendered. (Ord. 716 § 4 (Att. A), 2021)