HomeMy WebLinkAbout3514 ORDINANCE NO. .
AN ORDINANCE of the City of Port Angeles, Washington revising
the City of Port Angeles Shoreline Master Program by amending
Ordinance 2033, as amended, and Port Angeles Municipal Code
15.08.040.
WHEREAS, in 1979 the City adopted procedures for the processing of shoreline
applications under the Shoreline Management Act of 1971 by adoption of Ordinance 2033;and
WHEREAS, on May 23, 1995, a new Shoreline Master Program was adopted, by
Ordinance 2869 amending Ordinance 2033,which program is a planning document that outlines
intended goals and policies for the shorelines of the City and establishes regulations for
development occurring within the shoreline jurisdiction, and is required to be updated per the
State Shoreline Management Act; and
WHEREAS, following extensive review of the City's Shoreline Master Program through
a series of public forums and hearings, the Planning Commission recommended that Council
adopt Resolution No. 13-12 directing submittal of the revised document to the Washington State
Department of Ecology for review; and
WHEREAS, the City's Revised Shoreline Master Program has been reviewed by
Washington State Department of Ecology,which Department has issued a conditional approval
of the City's Shoreline Master Program subject to changes for internal consistency,revisions for
clarity and understanding and for consistency with state laws; and all changes have been made
on the attached Exhibit A, the Revised Shoreline Master Program; and
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WHEREAS, the City is required to, and on October 7, 2014, did hold a public
hearing to review changes to the Shoreline Master Program; and
NOW, THEREFORE, the City Council of the City of Port Angeles, Washington, do
ordain as follows:
Section 1. Ordinance No. 2033, as amended, PAMC 15.08.040, and the
City's Shoreline Master Program are hereby amended by adopting the attached Exhibit A,
Revised Shoreline Master Program.
Section 2. The City Clerk and the codifiers of this ordinance are authorized
to correct scrivener's errors,references, ordinance numbering, section and subsection numbers
and any references thereto.
Section 3. This Ordinance exercises authority granted exclusively to the City
Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after
publication according to law.
PASSED by the City Council of the City of Port Angeles by a vote of one more
than the majority of all members of the legislative body at a regular meeting of said Council on
the G day of October, 2014.
Dan Di Cuilio, Mayor
ATTEST: APPROVED AS TO FORM:
r
J nnifer eneklasen, City Clerk William E. Bloor, City Attorney
PUBLISHED: 0 / I m
By Summary
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CITY OF PORT ANGELES
SHORELINE MASTER PROGRAM
The Port Angeles Shoreline Master Program was developed through an extensive public
process under the guidance of the Harbor Planning Committee (HPC). The Committee
consisted of representatives from the City, Clallam County, Lower Elwha Klallam Tribe, Port of
Port Angeles, United States Coast Guard, Department of Natural Resources, Department of
Ecology (ex-officio), and the Puget Sound Partnership (ex-officio). The HPC also served as the
advisory committee for this SMP.
Staff
DAN MCKEEN, CITY MANAGER
NATHAN WEST, DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT
SCOTT JOHNS,ASSOCIATE PLANNER
ORIGINAL ADOPTING ORDINANCE No. 2869
MAY 23, 1995
2014 UPDATED VERSION
ADOPTED BY ORDINANCE NO. 3514
OCTOBER 21, 2014
CITY OF PORT ANGELES
321 EAST FIFTH STREET
PORT ANGELES,WASHINGTON 98362
CONTRIBUTING TO THIS DOCUMENT FOR THE CITY OF PORT ANGELES
1904 Third Avenue, Suite 725
Seattle, Washington 98101
750 SIXTH STREET SOUTH
WATERSHED KIRKLAND,WASHINGTON 98033
THIS REPORT WAS FUNDED IN PART THROUGH A GRANT
jf/JlllllllllllllllllJlllJl FROM THE WASHINGTON DEPARTMENT OF ECOLOGY.
GRANT NUMBER 61000051
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Table of Contents
Tableof Contents............................................................................................................i
Chapter 1 Introduction to the SMP...........................................................................1
A. Introduction to the Shoreline Management Act .....................................................1
B. What is the Shoreline Master Program (SMP)? ....................................................2
C. Geographic Applications of the SMA.....................................................................2
1. Applicable Area......................................................................................................... 3
D. Process to Develop this SMP................................................................................4
1. Coordination with other Shoreline Planning and Development Activities................... 4
2. The Public Participation Process............................................................................... 4
3. Shoreline Goals ........................................................................................................ 5
E. How the Shoreline Master Program is Used .........................................................6
1. Administration........................................................................................................... 6
2. Relationship of this Shoreline Master Program to Other Plans and Regulations ....... 7
Chapter 2 Environment Designation Provisions and Regulations........................9
A. Introduction ...........................................................................................................9
B. Environment Descriptions and Specific Development Standards........................10
1. High-Intensity Industrial (HI-1) Environment (Segments C, H and 1)......................... 10
a. Purpose ............................................................................................................................ 10
b. Designation Criteria.......................................................................................................... 10
c. Management Policies....................................................................................................... 10
d. Environment-Specific Development Regulations............................................................. 11
2. High-Intensity Marine (HI-M) Environment (Segments E and J).............................. 14
a. Purpose ............................................................................................................................ 14
b. Designation Criteria.......................................................................................................... 15
c. Management Policies....................................................................................................... 15
d. Environment-Specific Development Regulations............................................................. 16
3. High-Intensity Urban Uplands (HI-UU) Environment (Segments K, M and N).......... 17
a. Purpose ............................................................................................................................ 17
b. Designation Criteria.......................................................................................................... 18
c. Management Policies....................................................................................................... 19
d. Environment-Specific Development Regulations............................................................. 19
4. High-Intensity Mixed-Use (HI-MU) Environment (Segments L and O)..................... 19
a. Purpose ............................................................................................................................ 19
b. Designation Criteria.......................................................................................................... 20
c. Management Policies....................................................................................................... 20
d. Environment-Specific Development Regulations............................................................. 20
5. Urban Conservancy-Low Intensity (UC-LI) Environment (Segments A and G)........ 23
a. Purpose ............................................................................................................................ 23
b. Designation Criteria.......................................................................................................... 23
c. Management Policies....................................................................................................... 23
d. Environment-Specific Development Regulations............................................................. 24
6. Urban Conservancy-Recreation (UC-R) Environment (Segments D, F, K, M, N
andP)..................................................................................................................... 25
a. Purpose ............................................................................................................................ 25
Table of contents Page i
b. Designation Criteria.......................................................................................................... 25
c. Management Policies....................................................................................................... 25
d. Environment-Specific Development Regulations Designated UC-R................................ 25
7. Shoreline Residential (SR) Environment (Segments B, F, N and P)........................ 28
a. Purpose ............................................................................................................................ 28
b. Designation Criteria.......................................................................................................... 29
c. Management Policies....................................................................................................... 29
d. Environment-Specific Development Regulations Designated SR.................................... 29
8. Aquatic-Harbor (A-H) Environment ......................................................................... 31
a. Purpose ............................................................................................................................ 31
b. Designation Criteria.......................................................................................................... 31
c. Management Policies....................................................................................................... 31
9. Aquatic-Conservancy (A-C) Environment................................................................ 32
a. Purpose ............................................................................................................................ 32
b. Designation Criteria.......................................................................................................... 32
c. Management Policies....................................................................................................... 32
C. Shoreline Use and Modification Matrices ............................................................33
1. Shoreline Use Matrix............................................................................................... 33
2. Shoreline Modification Matrix.................................................................................. 36
Chapter 3 General Policies and Regulations.........................................................40
1. Generally Applicable Policies and Regulations ...................................................... 40
a. Applicability....................................................................................................................... 40
b. Policies ............................................................................................................................. 40
b. Regulations...................................................................................................................... 40
2. Archaeological and Historical Resources and Sites ................................................ 42
a. Applicability....................................................................................................................... 42
b. Policies ............................................................................................................................. 42
c. Regulations....................................................................................................................... 43
3. Critical Areas (General)........................................................................................... 44
a. Applicability....................................................................................................................... 44
b. Policies ............................................................................................................................. 44
c. Regulations....................................................................................................................... 45
4. Critical Areas (Critical Saltwater Habitats and Habitat Areas for Priority Species
and Species of Concern)......................................................................................... 45
a. Applicability....................................................................................................................... 45
b. Policies ............................................................................................................................. 46
c. Regulations....................................................................................................................... 46
5. Critical Areas (Geologically Hazardous Areas)........................................................ 48
a. Applicability....................................................................................................................... 48
b. Policies ............................................................................................................................. 48
c. Regulations....................................................................................................................... 49
6. Critical Areas (Wetlands) ........................................................................................ 50
a. Applicability....................................................................................................................... 50
b. Policies ............................................................................................................................. 50
c. Regulations....................................................................................................................... 51
7. Parking ................................................................................................................... 54
a. Applicability....................................................................................................................... 54
b. Policies ............................................................................................................................. 54
c. Regulations....................................................................................................................... 55
8. Public Access ......................................................................................................... 55
a. Applicability....................................................................................................................... 55
b. Policies ............................................................................................................................. 55
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c. Regulations....................................................................................................................... 57
9. Shorelines of Statewide Significance ...................................................................... 58
a. Applicability....................................................................................................................... 58
b. Policies ............................................................................................................................. 59
10. Signage .................................................................................................................. 60
a. Applicability....................................................................................................................... 60
b. Policies ............................................................................................................................. 60
c. Regulations....................................................................................................................... 61
11. Utilities (Accessory) ................................................................................................ 62
a. Applicability....................................................................................................................... 62
b. Policies ............................................................................................................................. 62
c. Regulations....................................................................................................................... 62
12. Vegetation Conservation......................................................................................... 63
a. Applicability....................................................................................................................... 63
b. Policies ............................................................................................................................. 64
c. Regulations....................................................................................................................... 64
13. Water Quality and Quantity..................................................................................... 67
a. Applicability....................................................................................................................... 67
b. Policies ............................................................................................................................. 67
c. Regulations....................................................................................................................... 68
Chapter 4 Shoreline Modification Provisions........................................................69
A. Introduction and Applicability...............................................................................69
B. Policies and Regulations.....................................................................................70
1. General Policies and Regulations ........................................................................... 70
a. Applicability....................................................................................................................... 70
b. Policies ............................................................................................................................. 70
c. Regulations....................................................................................................................... 71
2. Shoreline Stabilization ............................................................................................ 72
a. Applicability....................................................................................................................... 72
b. Policies ............................................................................................................................. 73
c. Regulations....................................................................................................................... 73
3. Overwater Structures.............................................................................................. 78
a. Applicability....................................................................................................................... 78
b. Policies ............................................................................................................................. 78
c. Regulations....................................................................................................................... 79
4. Fill........................................................................................................................... 82
a. Applicability....................................................................................................................... 82
b. Policies ............................................................................................................................. 82
c. Regulations....................................................................................................................... 83
5. Dredging and Disposal............................................................................................ 84
a. Applicability....................................................................................................................... 84
b. Exemptions....................................................................................................................... 84
c. Policies ............................................................................................................................. 84
d. Regulations....................................................................................................................... 85
6. Shoreline Restoration ............................................................................................. 86
a. Applicability....................................................................................................................... 86
b. Policies ............................................................................................................................. 86
c. Regulations....................................................................................................................... 87
7. Dikes and Levees ................................................................................................... 88
a. Applicability....................................................................................................................... 88
b. Policies ............................................................................................................................. 88
c. Regulations....................................................................................................................... 88
Table of contents Page iii
Chapter 5 Shoreline Use Provisions ......................................................................91
A. Introduction .........................................................................................................91
B. Shoreline Use Policies and Regulations .............................................................91
1. General Policies and Regulations ........................................................................... 91
a. Applicability....................................................................................................................... 91
b. Policies ............................................................................................................................. 91
c. Regulations....................................................................................................................... 91
2. Aquaculture............................................................................................................. 92
a. Applicability....................................................................................................................... 92
b. Policies ............................................................................................................................. 92
c. Regulations....................................................................................................................... 93
3. Boating Facilities..................................................................................................... 96
a. Applicability....................................................................................................................... 96
b. Policies ............................................................................................................................. 97
c. Regulations....................................................................................................................... 97
4. Commercial Development..................................................................................... 101
a. Applicability..................................................................................................................... 101
b. Policies ........................................................................................................................... 102
c. Regulations..................................................................................................................... 102
5. Industry................................................................................................................. 104
a. Applicability..................................................................................................................... 104
b. Policies ........................................................................................................................... 104
c. Regulations..................................................................................................................... 105
6. Governmental, Educational, Cultural and Institutional Uses.................................. 108
a. Applicability..................................................................................................................... 108
b. Policies ........................................................................................................................... 108
c. Regulations..................................................................................................................... 108
7. Recreational Development.................................................................................... 108
a. Applicability..................................................................................................................... 108
b. Policies ........................................................................................................................... 109
c. Regulations..................................................................................................................... 110
8. Residential Development...................................................................................... 110
a. Applicability..................................................................................................................... 110
b. Policies ........................................................................................................................... 111
c. Regulations..................................................................................................................... 112
9. Transportation....................................................................................................... 112
a. Applicability..................................................................................................................... 112
b. Policies ........................................................................................................................... 113
c. Regulations..................................................................................................................... 113
10. Utilities (Primary)................................................................................................... 115
a. Applicability..................................................................................................................... 115
b. Policies ........................................................................................................................... 115
c. Regulations..................................................................................................................... 116
Chapter6 Definitions.............................................................................................119
Chapter 7 Administrative Provisions....................................................................135
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CHAPTER 1
Introduction to the SMP
A. Introduction to the Shoreline Management Act
Washington's Shoreline Management Act (SMA) was passed by the State Legislature in
1971 and adopted by the public in a referendum. The SMA was created in response to a
growing concern among residents of the state that serious and permanent damage was
being done to shorelines by unplanned and uncoordinated development. The goal of the
SMA was "to prevent the inherent harm in an uncoordinated and piecemeal development
of the state's shorelines." While protecting shoreline resources by regulating
development, the SMA is also intended to provide for appropriate shoreline use by
fostering uses unique to or dependent upon use of the state's shoreline and by allowing
development that provides an opportunity for the people to enjoy the shorelines of the
state.
The SMA has three broad policies:
• Encourage water-dependent and water-oriented uses: "uses shall be
preferred which are consistent with control of pollution and prevention of
damage to the natural environment, or are unique to or dependent upon use
of the state's shorelines...."
• Promote public access: "the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the
greatest extent feasible consistent with the overall best interest of the state and
the people generally."
• Protect shoreline natural resources, including "...the land and its vegetation
and wildlife, and the waters of the state and their aquatic life...."
The SMA recognizes that"shorelines are among the most valuable and fragile" of the
state's resources. The SMA, and the City of Port Angeles, recognize and protect
private property rights along the shoreline, while aiming to preserve the quality of this
unique resource for all state residents.
The Act governs the use and development of Washington's shorelines and creates a
unique partnership between local and state government. Local governments develop
and administer shoreline master programs (SMPs) based on the Act and state
guidance, and the state ensures local programs consider statewide public interests.
Shoreline master programs carry out the policies of the Shoreline Management Act at
the local level, regulating use and development of shorelines. Local shoreline
programs include policies and regulations based on state laws and rules as well as
guidance from the Department of Ecology but tailored to the unique geographic,
economic, and environmental needs of each community.
The State Shoreline Management Act (SMA) provides a broad policy framework for
protecting the shoreline environment. The Shoreline Master Program Guidelines
adopted by rule in 2003 (WAC 173-26) establish the" no net loss" principle as the
means of implementing that framework. The no-net-loss standard is designed to
Chapter 1 — Introduction to the SMP Page 1
ensure permitted development will not result in a net loss of shoreline ecological
functions. This means that the existing condition of shoreline ecological functions
needs to remain the same, and should even be improved as a result of restoration, as
the updated SMP is implemented over time. This standard is to be met by
appropriately regulating public and private development, implementing a Restoration
Plan, and improving practices that affect the shoreline.
At a minimum, impacts of development should be identified, avoided and mitigated so
as to maintain shoreline ecological functions as they exist the time of the City's
shoreline inventory for the SMP update process.
A review of each SMP is called for every eight years. As needed, further revisions to
policies and regulations may be made at these times, based on how well the no-net
loss objective is being met, and/or for other reasons. Updates are necessary to keep
SMPs current, both with physical conditions and community values.
Comprehensive updates of existing Shoreline Master Programs were required by the
Washington Legislature, and funding was provided through the Department of Ecology
to help local governments meet that requirement. One important objective of the
update is to integrate SMP provisions with related provisions of the City's
Comprehensive Plan and Environmentally Sensitive Areas Ordinance.
B. What is the Shoreline Master Program (SMP)?
The City of Port Angeles Shoreline Master Program (SMP) is a planning
document that outlines goals and policies for the shorelines of the City and the
City's Urban Growth Area (UGA), and also a regulatory code that establishes
regulations for development occurring in "shoreline jurisdiction", generally
including within two hundred feet of the shoreline. During the preparation of the
SMP, the planning team developed several supporting documents that provided
information necessary to complete the SMP and satisfy state requirements.
These include:
• Shoreline Inventory, Characterization, and Analysis Report for
City of Port Angeles Shoreline: Strait of Juan de Fuca,
September 23, 2010 (revised June 2012)
• Cumulative Impacts Analysis;
• Restoration Plan (included as an appendix to the SMP); and
• No Net Loss Report.
C. Geographic Applications of the SMA
As defined by the SMA, shoreline jurisdiction encompasses all "shorelines of the
state". Shorelines of the state include both "shorelines" and "shorelines of
statewide significance". In Port Angeles, regulated shorelines include marine
Chapter 1 — Introduction to the SMP Page 2
waters of the Port Angeles Harbor, the Strait of Juan de Fuca (north to the
international boundary) and tidally influenced portions of Valley, Tumwater,
Peabody and Ennis Creeks. This includes water areas and their associated
`shorelands', which is generally the area within 200 feet landward of the ordinary
high water mark (OHWM) and associated wetlands and river deltas (Figure 1).
Shorelines of statewide significance are considered major resources from which
all people of the state derive benefit; therefore, special emphasis must be given
to preferences and objectives that recognize and protect the statewide interest
over local interests when considering management of these shorelines.
Adjacent to Port Angeles, the portion of the Straits of Juan de Fuca lying
seaward from the line of extreme low tide north to the Canadian line are
shorelines of statewide significance.
The lateral extent of the shoreline jurisdiction shall be determined for specific
cases based on the location of the ordinary high water mark (OHWM), floodway,
and presence of associated wetlands or river deltas.
1 . Applicable Area
The applicable area for this shoreline master program includes all land currently
within the City's proposed shoreline jurisdiction. Additionally, the City has
predesignated shorelines that are currently within Port Angeles' Urban Growth
Area (UGA). The environment designations and provisions of this SMP will
apply when the City annexes those lands.
In accordance with RCW 35.21.160, the City's SMP authority extends north to
the middle of the Strait of Juan de Fuca, to the international boundary.
Shoreline jurisdiction is limited to the areas outlined in Section C above; the
City is not exercising optional authority under RCW 90.58.030 (2)(d)(i) and (ii)
to include additional portions of the 100-year floodplain or the full extent of
critical area buffers.
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Figure 1. Port Angeles shoreline jurisdiction includes all shoreline areas from western
City limits to Morse Creek western bluff top, and extends north to the International
Chapter 1 — Introduction to the SMP Page 3
D. Process to Develop this SMP
1 . Coordination with other Shoreline Planning and
Development Activities
This SMP was prepared concurrently with the Port Angeles Harbor
Resources Management Plan (HRMP). The HRMP is a comprehensive and
strategic plan that addresses overlapping geographic areas, goals, and
components of Harbor planning. It is intended to fill in data gaps and
recommends a cohesive strategy for Harbor improvement that integrates the
many environmental management, planning and development efforts on
Port Angeles's shorelines including: Port Angeles Shoreline Inventory,
Characterization and Analysis Report, the Port Angeles Shoreline Master
Program (SMP), the Waterfront and Transportation Improvement Plan
(WTIP), City of Port Angeles' Comprehensive Plan and Draft
Comprehensive Park Plan, Olympic Discovery Trail planning, Rayonier site
planning, Ennis Creek Restoration Plan, the Port of Port Angeles' Marine
Facilities Master Plan and Central Waterfront Master Plan, Ecology's Port
Angeles Harbor Sediment Study, and the Combined Sewer Overflow (CSO)
Reduction Program.
The HRMP outlines an implementation strategy that includes time frames,
needed resources, possible funding sources, and key stakeholders. These
elements provide direction for the City of Port Angeles' capital improvement
program as well as the Port of Port Angeles, local Tribal entities (Lower
Elwha Klallam, Jamestown S'Klallam, and Port Gamble S'Klallam), and
private sector investment. The regulations contained within the SMP will
align with the HRMP vision and support its implementation as well as SMA
objectives.
The HRMP and SMP processes were approached concurrently, to allow the
SMP inventory and analysis to inform the HRMP and to ensure consistency
between the two efforts and the City's Comprehensive Plan. By
coordinating the HRMP, the SMP, and the Comprehensive Plan, City
policies, regulations, and actions for the Harbor will be unified in their
support for achieving the community's Harbor vision.
2. The Public Participation Process
The SMP and the HRMP were developed through an extensive public
process under the guidance of the Harbor Planning Committee (HPC).
Throughout the process, the HPC met monthly to review progress and offer
expert guidance. The Committee consisted of representatives from the City,
Chapter 1 — Introduction to the SMP Page 4
Clallam County, Lower Elwha Klallam Tribe, Port of Port Angeles, United
States Coast Guard, Department of Natural Resources, Department of
Ecology (ex-officio), and the Puget Sound Partnership (ex-officio). The HPC
also served as the advisory committee for this SMP.
In June 2010, the City initiated the project with a community visioning open
house kick-off that was attended by over 100 attendees. The City offered an
online survey to gather input on goals and priorities and received 270
responses. In August, the City hosted three focus groups centered on 1)
environment and ecology, 2) economic development, and 3) public access,
recreation, and cultural resources. A September public open house and
workshop presented the draft Shoreline Inventory, Characterization and
Analysis and project priorities identified in the focus groups, and it solicited
input from the approximately 100 attendees. In February 2011, the team
presented the key provisions of the draft SMP at a third public open house.
The public's responses to the draft SMP provisions were generally positive
and provided guidance to the HPC team for completing the ecology
submittal draft during the spring of 2011.
Additional public outreach activities included meetings with the Strait
Ecosystem Recovery Network, the Port Angeles Downtown Association, the
Port Angeles Business Association, the Kiwanis Club, the 2010 Arts Council,
the Realtors Association, the Rotary, and the Lions Club; booths at the
Summer Farmer's Market and Clallam County Fair; City Council and
Planning Commission updates; and online, radio, and newspaper
advertising.
3. Shoreline Goals
The goals and objectives described below capture the public input gathered
during the City's update process, which is necessary to update the SMP as
noted in WAC 173-26-201(3)(b). In terms of the SMP process, goals serve
as value statements from which more specific SMP policies are derived.
Policies and regulations in the SMP are also based on the requirements in
the Act and in the Shoreline Master Program Guidelines, and are consistent
with the concept of "no net loss" of shoreline ecological functions.
Chapter 1 — Introduction to the SMP Page 5
Goals and Objectives
1. Port Angeles' waterfront includes a full spectrum of natural resources,
economic activities, and recreational attractions.
2. Port Angeles' shoreline ecology is protected and, where appropriate,
restored.
3. The harbor contains vibrant water-oriented industrial, commercial, and
recreational uses that contribute to Port Angeles' economy.
4. Port Angeles' shoreline is publicly accessible, with ample open space and
connections to regional trails and the Downtown.
5. Port Angeles' shoreline is attractive and inviting, with a variety of
natural, "working waterfront," and scenic amenities.
6. Cultural resources, including historical associations, on Port Angeles'
shorelines are protected and, where appropriate, celebrated and
interpreted for greater public appreciation.
E. How the Shoreline Master Program is Used
1 . Administration
As noted earlier, the City of Port Angeles Shoreline Master Program is a
planning document that outlines goals and policies for the shorelines of the
City and the UGA, and also establishes regulations for development
occurring within shoreline jurisdiction within the City limits. All proposed
uses and development occurring within shoreline jurisdiction must conform
to Chapter 90.58 RCW (the Shoreline Management Act) and this Master
Program.
In order to preserve and enhance the shorelines of the City of Port Angeles,
all development proposals relating to the shoreline are evaluated by the
Shoreline Administrator (Administrator) and/or appointed reviewing body for
consistency with this Shoreline Master Program. The Shoreline
Administrator for the City of Port Angeles is the Director of Community and
Economic Development or his/her designee.
The Port Angeles Shoreline Master Program addresses a broad range of
uses that could be proposed in the shoreline area. Based upon the
statewide policies of RCW 90.58 and local conditions, the Port Angeles
Shoreline Master Program provides the regulatory parameters within which
development may occur. In addition, it identifies those uses deemed
unacceptable within Port Angeles shoreline jurisdiction, as well as those
uses which may be considered through a discretionary permit such as a
Conditional Use Permit or Shoreline Variance.
Chapter 1 — Introduction to the SMP Page 6
Persons proposing any shoreline development, land use, or other projects in
the shoreline area should consult with the City of Port Angeles Community
and Economic Development Department. A staff person will assist the
project proponent by identifying the necessary permits and application
procedures.
2. Relationship of this Shoreline Master Program to Other
Plans and Regulations
This SMP implements the Washington State Shoreline Management Act
and is integrated within the City of Port Angeles planning framework and
regulatory system. The SMP policies constitute the shoreline element of the
City's Comprehensive Plan in accordance with WAC 173-26-191(2)(a)(i).
Once approved by the state, the regulations become part of Title 15 of the
City of Port Angeles Municipal Code (PAMC).
Being part of the City's system of planning and development regulations,
this SMP will be administered in concert with other provisions of the
municipal code. Where this Program makes reference to any RCW, WAC,
or other state, or federal law or regulation, the most recent amendment or
current edition shall apply. Where Shoreline Conditional Use or Variance
permits are required, the Washington Department of Ecology will review
and make final determinations after the City has issued its decisions.
In addition to compliance with the provisions of the Shoreline Management
Act of 1971, the Port Angeles SMP must be mutually consistent with local
plans and policy documents, specifically, the Port Angeles Comprehensive
Plan and the regulations developed by the City to implement its plans, such
as zoning code and subdivision code, as well as building construction and
safety requirements.
Provisions in the Environmentally Sensitive Areas Protection regulations
pertaining specifically to fish and wildlife habitat areas, locally unique
features and geologically hazardous areas (PAMC Chapter 15.20), wetlands
protection (PAMC Chapter 15.24), and flood damage prevention (PAMC
Chapter 15.12) shall be applicable along with regulations contained in this
SMP. Please see Chapter 3 for exclusions and additional detail regarding
environmentally sensitive areas in shoreline jurisdiction. If a conflict
between the environmentally sensitive areas and SMP provisions occurs,
the more specific regulation applies. The version of the City's
Environmentally Sensitive Areas Protection regulations referenced in this
document shall refer to those codified by ordinance #2655 and #2656, dated
November 29, 1991 and most recently amended by ordinance #3238 dated
March 17, 2006.
Chapter 1 — Introduction to the SMP Page 7
Uses, developments and activities regulated by this Master Program may
also be subject to the Washington State Environmental Policy Act ("SEPA,"
Chapter 43.21 C RCW and Chapter 197-11 WAC), other provisions of the
Port Angeles Municipal Code (PAMC), and various other provisions of local,
state and federal law, as may be amended. Project proponents shall comply
with all applicable laws prior to commencing any use, development or
activity.
As noted earlier the draft SMP was prepared concurrently with the Harbor
Resources Management Plan and where applicable and consistent with the
SMA, the SMP supports and implements the recommendations in that plan.
Chapter 1 — Introduction to the SMP Page 8
CHAPTER 2
Environment Designation Provisions
and Regulations
A. Introduction
The Shoreline Management Act (Chapter 90.58 RCW), through the Shoreline Guidelines
(Chapter 173-26 WAC), provide shoreline environment designations to serve as a tool for
categorizing shoreline areas and as a way to apply and tailor the general policies of the
Act to local shorelines. Shoreline environment designations, sometimes referred to as
shoreline "environments" (e.g., the Shoreline Residential Environment), establish specific
policies and regulations applicable to shoreline segments that recognize different
shoreline conditions and resources.
WAC 173-26-211 describes the method for classifying shorelines and assigning
environment designations based on the "existing use pattern, the biological and physical
character of the shoreline, and the goals and aspirations of the community as expressed
through comprehensive plans."
Environment designations are also a way to facilitate consistency between comprehensive
planning and shoreline master program provisions. By establishing specific policies and
regulations for each environment designation, local jurisdictions can give preference to
specific uses, provide for public access, and apply ecological protection measures most
appropriate for specific shoreline segments.
The environment designations in Port Angeles' SMP were based on 1) the WAC
guidelines, 2) the shoreline inventory, characterization and analysis, and 3) the public
input from work sessions, surveys, and other activities.
The overarching direction emerging from public input is the community's desire to protect
and enhance the shoreline ecology, to support maritime and water-oriented industries,
encourage shoreline restoration, and to provide a broad spectrum of public access and
water-oriented recreation opportunities. The environment designations expand the
recommended classification system in WAC 173-26-211(4) and (5) because additional
designations are useful in addressing the variety of conditions found on Port Angeles'
shorelines.
In order to further address the complexity of the city's shorelines, specific development
standards for distinct reaches or"segments" within the environment designations may be
included for each environmental designation. Shoreline segments and the corresponding
shoreline environment designation are depicted on Figure tin Appendix A.
Section B of this Chapter describes the purpose, designation criteria, management
policies and specific development standards for each environment designation as well as
the geographic area to which they apply. Purpose statements are intended to describe
Chapter 2— Environment Designation Provisions and Regulations Page 9
the shoreline management objectives of the designation. Designation criteria provide the
basis for classifying or reclassifying a specific shoreline area with that designation.
Management policies are integral to determining land uses and activities that can take
place within each shoreline environment and in assisting in the interpretation of the
environment designation regulations.
Section C of this chapter includes a shoreline use matrix and shoreline modification
matrix, which summarize allowed, conditionally allowed and prohibited uses, activities and
modifications in each environment designation. Specific use or development activities
may be allowed in the shoreline setbacks or vegetation conservation areas established in
this chapter; please see Chapter 3.
In the event of a mapping error, the City will rely on common boundary descriptions and
the criteria contained in RCW 90.58.030 (2) rather than an incorrect or outdated map.
Shoreline areas above the OHWM that are not mapped or assigned an environment
designation in this SMP shall be classified with an Urban Conservancy— Recreation (UC-
R) environment until the shoreline can be redesignated through an SMP amendment.
Note: The Ordinary High Water Mark (OHWM) indicated on all maps is based on the
elevation line of 7 feet above sea level NADV 88. The OHWM must be determined in
the field based on the criteria of RCW 90.58.030(2)(c).
B. Environment Descriptions and Specific
Development Standards
1 . High-Intensity Industrial (HI-1) Environment (Segments C,
H and 1)
a. Purpose
The purpose of the High-Intensity Industrial (HI-1) Environment is to provide for
the continued use and development of high-intensity water-oriented heavy and
larger scale industrial or port uses, with the potential to allow supporting uses.
This designation is also intended to protect existing ecological functions and
provide for restoration and public access in appropriate locations and situations.
b. Designation Criteria
A High-Intensity Industrial Environment designation will be assigned to
shorelands if they currently support or are planned for intensive industrial uses
related to production and processing of materials, transportation, or navigation.
c. Management Policies
1. In regulating uses in the High-Intensity Industrial Environment, first priority
should be given to water-dependent industrial uses. Second priority should
be given to water-related industrial uses. Non-water-oriented uses should not
be allowed except for 1) as part of mixed-use developments that combine
water-dependent and non-water-oriented uses or 2) in existing developed
Chapter 2— Environment Designation Provisions and Regulations Page 10
areas in support of water-dependent uses. Non-water-oriented uses may
also be allowed in limited situations on sites where there is no direct access
to a shoreline with navigable waters.
2. New development, redevelopment, and uses should include the protection
and/or restoration of shoreline ecological functions, with particular emphasis
on habitat for priority species and environmental cleanup.
3. Visual and physical public access should be required as part of any
development where there is both a public benefit and no security or use
conflicts, as provided for in SMP Chapter 3, Section 8 - Public Access.
4. Pedestrian, bicycle, and vehicular routes should be preserved and provided
through these segments to public access points such as Ediz Hook, or to
public access points that may be developed within these segments.
5. Sign control regulations, appropriate development siting and screening,
building bulk and height restrictions, and maintenance of visual buffers should
be considered with development or redevelopment to improve the aesthetic
quality of the shoreline.
6. Redevelopment including ecological restoration of substandard and degraded
urban shoreline areas and removal of obsolete structures is encouraged.
Such redevelopment, which may occur through regulatory or capital
improvement measures, should consider accommodation of future water-
oriented uses.
d. Environment-Specific Development Regulations
Vegetation Structure Setbacks Maximum
Conservation Area (from the OHWM) Structure Height
Segment C N/A 50 feet 75 feet
Segment H 50 feet 50 feet 45 feet
Segment I N/A 50 feet 45 feet
Vegetation conservation areas (VCA) are areas along the shoreline in which
vegetation contributing to the ecological function of shoreline areas is protected
and/or restored. VCA's are measured from the shoreline in a width landward of
and perpendicular to the OHWM. VCA's have generally not been applied in the
HI-I designation where shoreline areas are highly armored and used for water
dependent or water related industrial uses, and where there is little or no
vegetation to conserve. If no VCA is assigned to a shoreline segment, parcels
with frontage on waters regulated by the SMP shall preserve existing native
vegetation within this area to the extent feasible and in accordance with the
allowances in Chapter 3, Section 12.
Maximum structure heights are not applicable to light and utility poles, chimneys
and stacks, or to equipment used for loading and unloading such as conveyors
and cranes.
Chapter 2— Environment Designation Provisions and Regulations Page 11
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Segment C
mmµ ..�y
mm Shoreline facing the Strait of
Juan de Fuca of Juan de Fuca
In this segment, vegetative restoration or mitigation for development resulting in
unavoidable impacts to vegetation on parcels where a VCA has not been designated
shall be focused on the existing pocket beach in the middle of the segment when
feasible; see Chapter 3. Utilization of the pocket beach area for restoration or mitigation
is contingent upon execution of a formal agreement (conservation easement, etc.)
between the property owner and party proposing mitigation or restoration. Such
agreement shall ensure access to and maintenance of the utilized area, and guarantee
preservation of the utilized area in perpetuity. If an agreement meeting the conditions
outlined above cannot be reached, compensatory mitigation shall occur on the same
parcel where the unavoidable impact occurs or through other measures established in
this SMP.
Setbacks may be averaged to maintain and provide additional open area near this
pocket beach. The Administrator may allow setback averaging only when the applicant
can demonstrate all of the following:
i. Averaging is necessary to avoid an extraordinary hardship to the applicant
caused by circumstances unique to the property;
ii. The area within the setback contains existing variations in ecological function and
sensitivity;
iii. Averaging will not adversely impact ecological functions; and
iv. The total area contained within the setback after averaging is no less than that
contained within the standard setback prior to averaging. In no instance shall the
setback be averaged more than 50% (25 feet).
Chapter 2— Environment Designation Provisions and Regulations Page 12
Segment H
Shoreline Facing the
Lagoon
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In this segment, the VCA does not apply to shorelines directly facing the
channelized lagoon outlet. Wetland buffers and protections may apply per Chapter
3 of the SMP. Untreated stormwater shall not be directed to the lagoon.
Segment
Shorelines facing the
Port Angeles Harbor
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In this segment, vegetative restoration or mitigation for development resulting in
unavoidable impacts to vegetation on parcels where a VCA has not been designated
shall be focused on the existing beach area south of the lagoon channel when feasible;
see Chapter 3. Utilization of the beach area for restoration or mitigation is contingent
Chapter 2— Environment Designation Provisions and Regulations Page 13
upon execution of a formal agreement (conservation easement, etc.) between the
property owner and party proposing mitigation or restoration. Such agreement shall
ensure access to and maintenance of the utilized area, and guarantee preservation of
the utilized area in perpetuity. If an agreement meeting the conditions outlined above
cannot be reached, compensatory mitigation shall occur on the same parcel where the
unavoidable impact occurs or through other measures established in this SMP.
Setbacks may be averaged to maintain and provide additional open area near this
beach. The Administrator may allow setback averaging only when the applicant can
demonstrate all of the following:
i. Averaging is necessary to avoid an extraordinary hardship to the applicant
caused by circumstances unique to the property;
ii. The area within the setback contains existing variations in ecological function and
sensitivity;
iii. Averaging will not adversely impact ecological functions; and
iv. The total area contained within the setback after averaging is no less than that
contained within the standard setback prior to averaging. In no instance shall the
setback be averaged more than 50% (25 feet).
The existing Olympic Discovery/Waterfront Trail provides a pedestrian corridor through
the Nippon mill site in this segment for access to Ediz Hook. Provision and maintenance
of the trail was a condition of the previous permits for the mill; when or where the trail is
located within City right-of-way, the City shall share responsibility for ensuring the safety
and viability of this important public access corridor.
If the Administrator determines that required public access within this segment for any
particular project is found infeasible or undesirable in accordance with Chapter 3,
Section 8, the applicant may compensate by providing off-site public access or paying a
compensatory fee to the City if the City has developed such a program. The preference
for public access improvements in this segment is a continuous pedestrian and bicycle
trail along the roadway adjacent to the parcel on which development is proposed.
2. High-Intensity Marine (HI-M) Environment (Segments E
and J)
a. Purpose
The purpose of the High-Intensity Marine (H-I M) Environment is to provide for
higher-intensity shoreline uses featuring a mix of water-oriented commercial,
transportation, recreation, industrial uses, boat building and repair, vessel
berthing, marina facilities, the Coast Guard base, and associated support
facilities. Versus heavy industrial uses in the HI-I designation, industrial uses in
the HI-M designation are intended to be centered primarily on manufacturing,
and the loading, storing, and transferring of cargo. This designation is also
intended to protect existing ecological functions and provide for restoration and
public access in appropriate locations and situations.
The Coast Guard base is located on lands considered to be a federal reserve,
which has unique security and operational requirements.
Chapter 2— Environment Designation Provisions and Regulations Page 14
b. Designation Criteria
A High-Intensity Marine Environment designation will be assigned to shorelands
if they currently support or are suitable and planned for higher intensity water-
oriented uses related to commerce, industry, transportation (including
recreational boating), or navigation. Shorelands with industrial facilities in this
designation will include manufacturing or industries of a less intense scale than
those designated HI-I.
c. Management Policies
1. In regulating uses in the High-Intensity Marine (HI-M) Environment, first
priority should be given to water-dependent uses. Second priority should be
given to water-related and water-enjoyment uses. Non-water-oriented uses
should not be allowed except for 1) as part of mixed-use developments that
combine water-dependent and non-water-oriented uses such as a multi-use
marina, or 2) existing developed areas supporting water-dependent uses.
Non-water- oriented uses may also be allowed on sites where there is no
direct access to the shoreline.
2. New development and redevelopment should include ecological restoration,
including low impact development techniques and environmental cleanup of
the shoreline, in accordance with state and federal requirements and the
restoration plan accompanying this SMP.
3. Visual and physical public access should be required as provided for in SMP
Chapter 3, Section 8— Public Access. The U.S. Coast Guard base is
exempt from this requirement.
4. Sign control regulations, appropriate development siting and
screening, building bulk and height restrictions, and maintenance of
visual buffers should be considered with development or
redevelopment to improve the aesthetic quality of the shoreline and
protect views from public properties and residences.
5. Public access should include identified points and routes for
pedestrians, bicycles, and vehicles.
6. Redevelopment including ecological restoration of substandard and
degraded urban shoreline areas and removal of obsolete structures is
encouraged. Such redevelopment should consider accommodation of future
water-oriented uses.
7. Accessories important to the Coast Guard mission and operations should be
allowed on the base. The City should work with the U.S. Coast Guard to
explore opportunities for ecological restoration.
Chapter 2— Environment Designation Provisions and Regulations Page 15
d. Environment-Specific Development Regulations
Vegetation Structure Setbacks Maximum Structure
Conservation Area (from the OHWM) Height
Segment E N/A N/A N/A
(facing the Strait)
OHWM to the
Segment E waterward extent of 15 feet 15 feet
(facing the Harbor) new structural road
foundation
Segment J N/A 50 feet* 75 feet
*Setback requirements do not apply to jetties in the Boat Haven Marina. In the remainder of Segment
J water-dependent uses may be built within the 50-foot setback. The 50-foot setback from the OHWM
is required for non-water-dependent uses.
Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation
contributing to the ecological function of shoreline areas is protected and/or restored.
VCA's are measured from the shoreline in a width landward of and perpendicular to the
OHWM. VCA's have generally not been applied in the HI-M designation where shoreline
areas are highly armored or where there is little or no vegetation to conserve, and along
the Strait side of Segment E where vegetative enhancement is not likely to be compatible
with maintenance of the existing large rock stabilizing the outer shoreline of Ediz Hook. If
no VCA is assigned to a shoreline segment, parcels with frontage on waters regulated by
the SMP shall preserve existing native vegetation within this area to the extent feasible
and in accordance with the allowances in Chapter 3, section 12.
Maximum structure heights are not applicable to light and utility poles, antennae,
chimneys and stacks, or to equipment used for loading and unloading such as conveyors
and cranes.
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Segment E
Ediz Hook shorelines east of
communication towers
In Segment E, no new structures are allowed along the north side of Ediz Hook Road
(portion of segment facing the Strait).
In the portion of this segment facing the Port Angeles Harbor, the City anticipates
widening Ediz Hook Road to the south to facilitate trail improvements or public access.
Chapter 2— Environment Designation Provisions and Regulations Page 16
The VCA extends from the OHWM to the waterward extent of any structural road
foundation necessary to widen the road.
The preference for public access improvements in this segment is a continuous pedestrian
and bicycle trail along the south edge of Ediz Hook road. The safety of both bicyclists and
pedestrians must be addressed in the design of the trail.
Fences, poles and shelters shall be located and designed to minimize visual impacts.
Segment J
Shorelines of the Boat Haven
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In this segment, vegetative restoration or mitigation for development resulting in
unavoidable impacts to vegetation on parcels where a VCA has not been designated shall
be focused on shorelines east of the Boat Haven Marina, particularly the portion of the
shoreline along the Valley Creek Estuary, where feasible; see Chapter 3. Utilization of
the west side of the Valley Creek Estuary for restoration or mitigation is contingent upon
execution of a formal agreement (conservation easement, etc.) between the property
owner and party proposing mitigation or restoration. Such agreement shall ensure access
to and maintenance of the utilized area, and guarantee preservation of the utilized area in
perpetuity. If an agreement meeting the conditions outlined above cannot be reached,
compensatory mitigation shall occur on the same parcel where the unavoidable impact
occurs or through other measures established in this SMP.
3. High-Intensity Urban Uplands (HI-UU) Environment
(Segments K, M and N)
a. Purpose
The purpose of the High-Intensity Urban Uplands (HI-UU) Environment is to
manage uses on sites within shoreline jurisdiction that are physically and
functionally separated from the shoreline by a public right-of-way or public
property and do not have direct access to the water. Areas separated from the
shoreline that are predominantly single family residential are not included in this
designation.
Chapter 2— Environment Designation Provisions and Regulations Page 17
b. Designation Criteria
A High-Intensity Urban Uplands Environment designation will be assigned to
shorelands featuring or planned for a variety of uses that are physically and
functionally separated from the shoreline by a public right-of-way or public
property. Public streets or portions of the streets separating the environment
designations are included in the HI-UU Environment as described below. The
HI-UU designation is a parallel designation that has no physical connection to the
water.
1. Segment K. Area south and east of the Valley Creek estuary, including the
Marine Drive and Front Street rights-of-way adjacent to the estuary. The
centerline of Valley Street is the western boundary of the HI-UU
Environment. The west edge of Cherry Street (extended north) is the
eastern boundary of the HI-UU Environment.
Segment K
Uplands separate from shoreline
by Marine Drive/Front Street '
i'
2. Segment M. Areas east of Lincoln Street to approximately the west edge of
Vine Street extended, excluding bluff areas.
r!'
Segment N
Properties south of the top of
Illu� ` ,w the marine bluff, west edge of
' Race Street to the east edge
of shoreline jurisdiction on the
hospital property
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Segment M .
Areas east of Lincoln Street to approximately Ar
the west edge of Vine Street extended,
excluding bluff areas.
3. Segment N. Privately owned parcels south of the Olympic
Discovery/Waterfront Trail or south of the top of the marine bluff, from the
west edge of the Race Street right of way east to the east edge of shoreline
jurisdiction on the hospital property.
Chapter 2— Environment Designation Provisions and Regulations Page 18
c. Management Policies
1. Uses in the High-Intensity Urban Uplands Environment should be limited to
those that do not conflict with water-oriented activities and public access on
the shoreline.
2. New development should not substantially diminish visual and physical
public access.
3. Comfortable and attractive pedestrian, bicycle, and vehicular routes should
be provided through shorelands with this designation to public access points
by utilizing measures such as street and pathway improvements.
Development should improve the aesthetic qualities of shorelands in this
environment and consider views from public properties and adjacent
residences.
d. Environment-Specific Development Regulations
Vegetation Maximum Structure
Conservation Area Structure Setbacks Height
Segment K N/A N/A from the OHWM 30 feet
(see zoning code)
Segment M N/A N/A from the OHWM 35 feet
(see zoning code)
50 foot marine bluff 15 feet from the
Segment N buffer landward edge of the 50 35 feet
foot marine bluff buffer
Vegetation conservation areas (VCA) are areas along the shoreline in which
vegetation contributing to the ecological function of shoreline areas is protected
and/or restored. VCA's are typically measured from the shoreline in a width
landward of and perpendicular to the OHWM; however, because the HI-UU
shorelands are physically separated from the water, VCA's are measured
differently. The VCA in segment N reflects the 50 foot marine bluff setback
required by the critical areas provisions in Chapter 3.
Viewing towers or other public access points may be allowed on street ends or
other publically owned sites. In Segment K, new development and
redevelopment shall maintain the City sidewalk with street trees along Marine
Drive.
4. High-Intensity Mixed-Use (HI-MU) Environment
(Segments L and O)
a. Purpose
The purpose of the High-Intensity Mixed-Use (HI-MU) Environment is to provide
for a wide variety of urban uses and activities supporting vibrant shoreline areas
as a key component of Port Angeles' character and quality of life. This
designation accommodates public access and water-oriented commercial,
Chapter 2— Environment Designation Provisions and Regulations Page 19
transportation, institutional, and recreational uses while protecting existing
ecological functions and restoring ecological functions in areas that have been
previously degraded.
b. Designation Criteria
A High-Intensity Mixed-Use Environment designation will be assigned to
shorelands on Port Angeles's downtown waterfront and the former Rayonier Mill
site that have the potential to support a variety of water-oriented uses related to
commerce, transportation, navigation, and recreation.
c. Management Policies
1. Development in the High-Intensity Mixed-Use Environment should be
managed so that it enhances and maintains the shorelines for public access
and a variety of urban uses. Priority should be given to water-oriented uses.
2. All new development should provide public access or otherwise
enhance the public's enjoyment of the shoreline.
3. New development should protect and, where feasible, restore shoreline
ecological functions. Restoration should be emphasized on Ennis Creek in
segment O, on creating habitat for priority species, and on environmental
clean-up.
4. Visual access to the water and aesthetics should be considered in
establishing height and bulk limits for new development.
5. Comfortable and attractive pedestrian, bicycle, and vehicular routes should
be provided to public access points.
6. Development in shoreline areas should be compatible with surrounding uses,
the level of infrastructure and services available, and other comprehensive
planning considerations.
d. Environment-Specific Development Regulations
Vegetation Structure Setbacks Maximum Structure
Conservation Area (from the OHWM) Height
Segment L N/A N/A 45 feet
Segment O 100 feet 100 feet 45 feet
Vegetation conservation areas (VCA) are areas along the shoreline in which
vegetation contributing to the ecological function of shoreline areas is
protected and/or restored. VCA's are measured from the shoreline in a width
landward of and perpendicular to the OHWM.
Chapter 2— Environment Designation Provisions and Regulations Page 20
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m
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Segment L _....
Downtown Shorelines: Cherry Street to
Vine Street (extended)
VCA's have not been applied in Segment L where there is little vegetation to
conserve and most of the shoreline consists of facilities extending past the
shoreline and out into the water (Railroad Avenue Esplanade, Coho Ferry
Landing, Landings Mall). While no VCA is assigned to this shoreline segment,
parcels with frontage on waters regulated by the SMP shall preserve existing
native vegetation within this area to the extent feasible and in accordance with
the allowances in Chapter 3, section 12. Existing street trees in this segment
shall be maintained. New street trees shall be included with any new
development or redevelopment.
Public shoreline views shall be protected by the use of measures, including but
not limited to:
i. Decreasing the area of upper stories commensurate with increasing height.
ii. When there is an irreconcilable conflict between water-dependent uses and
physical public access and maintenance of views from adjacent properties,
the water-dependent uses and physical public access shall have priority,
unless there is a compelling reason to the contrary.
iii. Buildings shall incorporate architectural features that reduce scale such as
building modulation (vertical and horizontal), pitched roofs, angled facades,
and reduced massing.
iv. New development, uses and activities shall locate trash and recycling
receptacles, utility boxes, HVAC systems, electrical transformers, fences
and other appurtenances to minimize interference with public views.
V. Utilities and accessory structures shall be designed and installed in such a
way as to avoid impacts to scenic views and aesthetic qualities of the
shoreline area.
vi. Communication and radio towers shall not obstruct or destroy scenic views
of the water. This may be accomplished by design, orientation and location
of the tower, height, camouflage of the tower, or other features consistent
with utility technology.
Chapter 2— Environment Designation Provisions and Regulations Page 21
vii. Fences, walls, hedges and other similar accessory structures shall be
limited to four (4) feet in height between the ordinary high water mark and
primary structures.
Segment O
The Rayonier Site,
west of Ennis Creeka�� b
t 400
I
f
Throughout this SMP update process and during previous planning for the former
Rayonier Mill Site, the public has consistently indicated that the future of this parcel is a
particularly important shoreline management issue because it provides a unique
opportunity for a variety of shoreline uses. As of the date of this SMP's adoption, there
are a number of uncertainties regarding the future of the site. SMP provisions must be
flexible to accommodate a wide array of possibilities while implementing objectives of
the Shoreline Management Act. However, specific standards are necessary for the
purposes of evaluating cumulative impacts and determining when a shoreline variance is
triggered.
In this segment, development shall not encroach on the VCA or setback adjacent to the
tidally influenced portions of Ennis Creek without a variance, unless such development is
for the purposes of public access or ecological restoration. In the remainder of the
segment, VCA and setback encroachments may be authorized in accordance with
Chapter 3, section 12.
Opportunities for moving or providing spurs off the Olympic Discovery/Waterfront Trail to
the shoreline shall be explored.
Public shoreline views shall be protected by the use of measures, including but not
limited to:
i. Decreasing the area of upper stories commensurate with increasing height,
minimizing building heights and total lot coverage, maintaining open space
between buildings, and clustering buildings to allow for broader view
corridors.
ii. When there is an irreconcilable conflict between water-dependent uses and
physical public access and maintenance of views from adjacent properties,
the water-dependent uses and physical public access shall have priority,
unless there is a compelling reason to the contrary.
Chapter 2— Environment Designation Provisions and Regulations Page 22
iii. Buildings shall incorporate architectural features that reduce scale such as
building modulation (vertical and horizontal), pitched roofs, angled facades,
and reduced massing.
iv. New development, uses and activities shall locate trash and recycling
receptacles, utility boxes, HVAC systems, electrical transformers, fences and
other appurtenances to minimize interference with public views.
V. Utilities and accessory structures shall be designed and installed in such a
way as to avoid impacts to scenic views and aesthetic qualities of the
shoreline area.
vi. Communication and radio towers shall not obstruct or destroy scenic views of
the water. This may be accomplished by design, orientation and location of
the tower, height, camouflage of the tower, or other features consistent with
utility technology.
vii. Fences, walls, hedges and other similar accessory structures shall be limited
to four (4) feet in height between the ordinary high water mark and primary
structures.
5. Urban Conservancy-Low Intensity (UC-LI) Environment
(Segments A and G)
a. Purpose
The purpose of the Urban Conservancy-Low Intensity (UC-LI) Environment is to
protect and restore ecological functions, open spaces, and other sensitive lands
while allowing some low-intensity uses. This environment protects shoreline
areas that include relatively intact or minimally degraded shoreline functions
when compared to the rest of the shoreline areas in the City.
b. Designation Criteria
An Urban Conservancy-Low Intensity environment designation will be assigned
to shorelands that are designated Open Space in the City's Comprehensive Plan
and are located along active drift cells, feeder bluffs, wetlands, or other areas
that should not be more intensively developed, and which retain important
ecological functions even though partially developed.
c. Management Policies
1. Uses in the Urban Conservancy-Low Intensity Environment should be limited
to those which do not substantially degrade ecological functions or the natural
character of the shoreline area. Development and uses that would
substantially degrade or permanently deplete habitat or the physical or
biological resources of the area should not be allowed.
2. Rehabilitation of existing degraded shoreline conditions, including habitat
enhancement and environmental clean-up, is a preferred action.
Chapter 2— Environment Designation Provisions and Regulations Page 23
3. Activities or uses that that include significant shoreline vegetation removal,
would cause substantial erosion or sedimentation, or adversely affect wildlife
or aquatic life should not be allowed.
d. Environment-Specific Development Regulations
Vegetation Structure Maximum
Conservation Setbacks (from Structure Height
Area the OHWM)
Segment A 200 feet 200 feet N/A
Segment G N/A N/A N/A
Segment A
j Shorelines facing the Strait of Juan de
Fuca from the western city limits to
eastern edge of Ocean View Cemetery
.m,
No new structures are allowed within this segment, except for shoreline
stabilization structures necessary to protect existing utilities and address erosion at
the closed municipal landfill site, in accordance with the provisions in Chapter 4.
Segment G
Wetland at the base of Hill
Street
4th St -
Segment G is an associated wetland; see the critical areas provisions in Chapter 3
for additional requirements applying to this segment. Only the wetland is contained
within shoreline jurisdiction (not its buffer). No new structures are allowed within
this segment, with the exception of public access structure(s).
Chapter 2— Environment Designation Provisions and Regulations Page 24
6. Urban Conservancy-Recreation (UC-R) Environment
(Segments D, F, K, M, N and P)
a. Purpose
The purpose of the Urban Conservancy-Recreation (UC-R) Environment is to
protect and restore ecological functions on sensitive lands in urban and
developed settings and to provide public access and a variety of recreation and
park uses. Restoration activities are a preferred action in this designation.
b. Designation Criteria
An Urban Conservancy-Recreation Environment designation will be assigned to
shorelands that include public parks, designated trail corridors, and areas
especially suited to public access and water-oriented recreation that is
compatible with maintaining or restoring the ecological functions of the area. The
UC-R designation is a parallel designation waterward of a different designation in
segments F, K, M, N and P.
c. Management Policies
1. Water-oriented recreational uses, public access and cultural or educational
uses are preferred over non-water oriented uses. Water-dependent
recreational uses should be given highest priority.
2. Commercial activities specifically supporting or catering to the public's use or
enjoyment of publicly accessible shorelines, such as food and beverage or
boating concessions, may be allowed.
3. Water-dependent and water-enjoyment recreation facilities compatible with
the protection of ecological functions, such as boating facilities, angling,
wildlife viewing, trails and swimming beaches, are preferred uses, provided
significant ecological impacts to the shoreline are avoided or mitigated.
4. During development and redevelopment, efforts should be taken to restore
ecological functions.
5. The continuity of trail systems, including the Olympic Discovery/Waterfront
Trail, should be maintained. Improvements that provide greater access and
safety along the trail system are encouraged.
d. Environment-Specific Development Regulations Designated UC-R
Vegetation Structure Setbacks Maximum Structure
Conservation Area (from the OHWM) Height
Segment D N/A N/A N/A
(facing the Strait)
OHWM to the
Segment D waterward extent of 15 feet(see below) 15 feet
(facing the Harbor) new structural road
foundation
Segment F 200 feet 200 feet N/A
Waterward edge of Waterward edge of 40 feet(viewing
Segment K Marine Drive/Front Marine Drive/Front tower only, see
Street Street below)
Chapter 2— Environment Designation Provisions and Regulations Page 25
Segment M N/A N/A N/A
Segment N To the top of the 50 feet 30 feet
marine bluff
Segment P To the top of the N/A N/A
marine bluff
Vegetation conservation areas (VCA) are areas along the shoreline in which
vegetation contributing to the ecological function of shoreline areas is protected
and/or restored. VCA's are measured from the shoreline in a width landward of
and perpendicular to the OHWM. A VCA has not been applied along the Strait
side of Segment D where vegetative enhancement is not likely to be compatible
with maintenance of the existing large rock stabilizing the outer shoreline of Ediz
Hook. A VCA has not been applied along Segment M which is a narrow stretch
of shoreline containing the Olympic Discovery Trail, and where little to no
vegetation exists and the shoreline is heavily armored. If no VCA is assigned to
a shoreline segment, parcels with frontage on waters regulated by the SMP shall
preserve existing native vegetation within this area to the extent feasible and in
accordance with the allowances in Chapter 3, section 12.
- Segment D
Ediz Hook between paper mill and
communication tower facility
In this segment, no new structures are allowed along the north side of Ediz Hook
Road (portion of segment facing the Strait). Along the portion of the segment
facing the Port Angeles Harbor, only structures that directly support water
dependent shoreline recreational uses shall be authorized.
In the portion of this segment facing the Port Angeles Harbor, the City anticipates
widening Ediz Hook Road to the south to facilitate trail improvements or public
access. The VCA extends from the OHWM to the waterward extent of any
structural road foundation necessary to widen the road.
The preference for public access improvements in this segment is a continuous
pedestrian and bicycle trail along the south edge of Ediz Hook Road. The safety
of both bicyclists and pedestrians must be addressed in the design of the trail.
Fences, poles and shelters shall be located and designed to minimize visual
impacts.
Overwater structures are prohibited in this segment.
Chapter 2— Environment Designation Provisions and Regulations Page 26
Segment F
_. Shoreline abutting the south shore
w»lll 1 of the lagoon and marine bluff
-�
�r
No new structures are allowed within this segment, except for shoreline
stabilization structures necessary to protect existing utilities or a public access
boardwalk or paths, in accordance with the provisions in Chapter 3.
A trail from Marine Drive to the shoreline west of Ediz Hook is the preferred type
of public access in this segment. Any trail or similar public access shall follow
the existing Industrial Water Line (IWL) route as closely as is feasible. The
design of public access facilities shall include measures to protect private
industrial infrastructure and facilities.
.................. ........., .______. Front St .............
Segment K
r
Valley Creek Estuary Park
between OHWM and Marine
, Y Drive
Public viewing towers and Friendship Bridge are the only structures permitted in
this segment, and may be permitted within the VCA and setback without a
variance in accordance with Chapter 3. Non native plant materials may be used
within landscaped portions of the park where special use requirements exist.
Any development in this segment shall maintain the continuous public access
pathway/pedestrian walkway that serves as the Olympic Discovery/Waterfront
Trail.
Chapter 2— Environment Designation Provisions and Regulations Page 27
Segment N
Properties west of Vine
Street extended to the
., Rayonier site.
Segment Mail
The Waterfront trail and marine bluff ��
between downtown and the west edge
of Vine Street extended.
As outlined above, a VCA has not been applied along Segment M. Segment M
primarily consists of a narrow stretch of shoreline containing the Olympic
Discovery Trail where little to no vegetation exists and the shoreline is heavily
armored. There is no setback in this segment because the trail encompasses
the entire portion of the segment with this designation, and no new structures are
allowed. In segment N, the VCA extends from the OHWM to the top of the
marine bluff. New structures are limited to Francis Street Park only. The
Olympic Discovery/Waterfront Trail must be maintained in these segments.
Segment P
Shoreline areas east of Rayonier site
containing Waterfront Trail and marine bluff
w
T
In segment P, the VCA extends from the OHWM to the top of the marine bluff.
Adjacent to the Lee's Creek subreach where there is no bluff, the VCA extends to
the landward boundary of any landslide hazard areas. New structures are
prohibited in the UC-R designated portion of Segment P.
The Olympic Discovery/Waterfront Trail must be maintained in this segment.
7. Shoreline Residential (SR) Environment (Segments B, F,
N and P)
a. Purpose
The purpose of the Shoreline Residential (SR) Environment is to allow residential
development, uses and redevelopment while ensuring that existing ecological
functions are not diminished and avoiding foreseeable risk to residential
structures from hazardous geological conditions.
Chapter 2— Environment Designation Provisions and Regulations Page 28
b. Designation Criteria
A Shoreline Residential Environment designation will be assigned to shorelands
that exist as single-family residential developments or are planned and platted for
residential development. The SR designation is a parallel designation, and with
the exception of segment B has no physical connection to the water.
c. Management Policies
1. Development standards in the Shoreline Residential Environment should
protect shoreline ecological functions, taking into account the environmental
limitations and sensitivity of the shoreline area, the level of infrastructure and
services available, and other comprehensive planning considerations.
2. Passive water-oriented recreational uses and public access should be
allowed where feasible and where they do not cause significant ecological
impacts.
3. Standards for new residential use, development, and redevelopment should
protect human safety and ensure that new development will not require
structural shoreline stabilization or flood protection during the projected
lifetime of the development.
d. Environment-Specific Development Regulations Designated SR
Vegetation Structure Setbacks (from Maximum
Conservation Area the OHWM) Structure Height
Marine bluff plus 50 15 feet from the landward
Segment B feet landward from the edge of the marine bluff 35 feet
edge of the bluff bufferNCA
Segment F 50 feet landward from 15 feet from the landward 35 feet
the top of the bluff edge of the marine bluff buffer
Segment N 50 feet landward from 15 feet from the landward 35 feet
the top of the bluff edge of the marine bluff buffer
50 feet landward from 15 feet from the landward
the top of the bluff
Segment P In the Lee's Creek edge of the marine bluff buffer 35 feet
(or landslide hazard area in
subreach, any the Lee's Creek subreach)
landslide hazard area
Vegetation conservation areas (VCA) are areas along the shoreline in which vegetation
contributing to the ecological function of shoreline areas is protected and/or restored.
VCA's are typically measured from the shoreline in a width landward of and perpendicular
to the OHWM. The SR designation occurs on shorelands upland of the UC-R designation
in segments F, N and P. In these segments, the SR designation begins at the top of the
marine bluff. In the Lee's Creek subreach (segment P), the SR designation begins at the
waterward lot lines of the subject parcels. In accordance with critical area provisions in
Chapter 3, the VCA in these areas reflects the required marine bluff buffer (or landslide
hazard area in the Lee's Creek subreach).
Chapter 2— Environment Designation Provisions and Regulations Page 29
�
m
Segments B & F �
Shorelines between Ocean View Cemetery and top
� rvF
of bluff above the Lagoon 0 i
New development shall be setback from the top of the marine bluff by a minimum of 65 feet
(50 foot marine bluff buffer plus 15 feet). See Chapter 3 for additional critical area provisions.
Public access viewing areas may be developed in unopened street ends. Development that
provides access to the shoreline from bluff-top properties in this segment is prohibited.
Segment N
Residential sites above the marine bluff between
downtown and the Rayonier site
V h44
�
. m
New development shall be setback from the top of the marine bluff by a minimum of 65
feet (50 foot marine bluff buffer plus 15 feet).
Public access viewing areas may be developed in unopened street ends. The Olympic
Discovery/Waterfront trail shall be maintained along the shoreline in the parallel UC-R
designation.
Segment P
Lees Creek subreach Residential sites above top of marine bluff, east of
the Rayonier site
Uq
"
As outlined above, the SR designation occurs on shorelands upland of the UC-R designation in
segment P. The SR designation begins at the top of the marine bluff; because the Lee's Creek
subreach is a delta and lacks a true marine bluff, the SR designation begins at the waterward lot
lines of the subject parcels. In accordance with critical area provisions in Chapter 3, the VCA in
these areas reflects the required marine bluff buffer, or the landslide hazard area in the Lee's
Creek subreach.
Chapter 2— Environment Designation Provisions and Regulations Page 30
New development shall be set back 15 feet from the top (landward boundary) of the
marine bluff buffer, or 15 feet from the top of any landslide hazard area in the Lee's
Creek subreach.
Public access viewing areas may be developed in unopened street ends. The Olympic
Discovery/Waterfront trail shall be maintained along the shoreline in the parallel UC-R
designation.
8. Aquatic-Harbor (A-H) Environment
a. Purpose
The purpose of the Aquatic-Harbor (A-H) Environment is to facilitate water
dependent uses and restoration of ecological functions within the Port Angeles
Harbor. Waters and submerged lands within the Port Angeles Harbor are heavily
used for commercial and recreational navigation, industrial activities and public
access.
b. Designation Criteria
An Aquatic-Harbor Environment designation will be assigned to the area
waterward of the OHWM within Port Angeles Harbor, which include submerged
lands lying westward of the city limit line extending from the easternmost tip of
Ediz Hook southward to the Port Angeles city limits at the shoreline as of January
1, 2011. This designation excludes the lagoon at the base of Ediz Hook.
c. Management Policies
1. New overwater structures should be prohibited except for water-dependent
uses, public access, or ecological restoration, unless otherwise specified for a
particular segment of adjacent shorelands.
2. The size of new overwater structures should be limited to the minimum
necessary to support the structure's intended use. Overwater structures
should be configured and located so as to avoid and reduce impacts to
ecological functions or critical saltwater habitats.
3. Provisions for the Aquatic-Harbor Environment should be directed toward
accommodating appropriate water-dependent uses while maintaining
ecological functions and restoring habitat for priority aquatic species.
4. All development in the Aquatic-Harbor Environment should be located and
designed to minimize interference with surface navigation, minimize impacts
to public views, and to allow for the safe, unobstructed passage of fish and
wildlife, particularly those species dependent on migration.
5. Shoreline uses and modifications should be designed and managed to
prevent degradation of water quality and alteration of natural hydrographic
conditions.
6. Development of underwater pipelines and cables below the OHWM should
include adequate provisions to ensure against substantial damage to the
environment.
Chapter 2— Environment Designation Provisions and Regulations Page 31
7. Abandoned and neglected structures that cause adverse visual impacts or
are a hazard to public health, safety, and welfare should be removed or
restored to a usable condition consistent with the provisions of this program.
8. Environmental clean-up and remediation of contaminated sediments in the
Aquatic- Harbor Environment is encouraged.
9. Aquatic-Conservancy (A-C) Environment
a. Purpose
The purpose of the Aquatic-Conservancy (A-C) Environment designation is to
protect and enhance the unique characteristics and functions of the areas
waterward of the ordinary high water mark outside the Port Angeles Harbor.
b. Designation Criteria
An Aquatic Conservancy (A-C) designation will be assigned to areas waterward
of the OHWM outside of Port Angeles Harbor within the City's Shoreline
jurisdiction extending to the international boarder. The lagoon at the base of Ediz
Hook is included in the Aquatic Conservancy designation.
c. Management Policies
1. Except for special situations involving a public benefit and water-dependent
activities associated with the U.S. Coast Guard base on Ediz Hook,
overwater structures should not be allowed.
2. Diverse public access opportunities to water bodies should be encouraged
provided they are compatible with protection of the shoreline ecology.
3. In appropriate areas, fishing and recreational uses of the water should be
protected from competing water dependent uses that would interfere with
these activities.
4. All developments and activities using navigable waters or their beds should
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 migration.
5. Development of underwater pipelines and cables should not be allowed
except when upland alternatives exist. When permitted, such facilities should
include adequate provisions to ensure against substantial or irrevocable
damage to the environment.
6. Abandoned and neglected structures should be removed or restored to a
usable condition consistent with the provisions of this program.
Chapter 2— Environment Designation Provisions and Regulations Page 32
The Aquatic Conservancy
environment extends north
to the International Border. Aquatic Conservancy A-C
:..m
/
Aquatic Harbor A-H',
x .
t
Chapter 2— Environment Designation Provisions and Regulations Page 33
C. Shoreline Use and Modification Matrices
1 . Shoreline Use Matrix
The following matrix (Table 1) indicates the uses allowed in specific shoreline
environments. Where there is a conflict between the matrix and the written
provisions in Chapters 2, 3, 4, or 5 of this SMP, the written provisions shall apply.
The numbers in the matrix refer to footnotes, which may be found immediately
following the matrix. These footnotes provide additional clarification or conditions
applicable to the associated use or shoreline environment designation.
Table 1. Shoreline Use Matrix
P = The use may be permitted
C = The use may be permitted as a
conditional use M
X = The use is prohibited N
N
N N N N N y N
N
SHORELINE USE ® N
® ® ® ® � .® =%
Mining
Forest practices (Not including log rafting) X12 X12 x A N A
Aquaculture P P P P X X X C C
Commercial:
Water-dependent X P P P X P 1 X P C
Water-related, water-enjoyment C P P P X P1 X C4
Non-water-oriented C4 C4 p p4 X X X C4
Boating facilities (including marinas)10
Industrial:
Water-dependent P P X C8 X X X P C
Water-related P p p C8
Non-water-oriented P4 4
Flood hazard management P P P P P P P NA NA
Solid waste disposal
Governmental, educational, cultural and s
institutional facilities9 C
Government facility—Water-Dependent P P P P X X X P C
Chapter 2— Environment Designation Provisions and Regulations Page 34
it
it it 0
SHORELINE USE
Parking
Parking (primary, including paid) X X X C2 X X X X X
Non-water-oriented P4 p4 p4 p4 X P1,4 x X X
Shoreline Use Matrix Notes:
Y. Only park concessions and recreational uses that enhance the opportunity to enjoy publicly
accessible shorelines may boallowed.
2. Parking as a primary use is prohibited within shoreline jurisdiction with the exception of in segment L
(see chapter 3, section 7).
3. Only passive activities that require little development with no significant adverse impacts may be
allowed.
4. May be allowed only as part of a mixed-use development with water dependent uses, or on a site that
is physically separated from the shoreline by another property or public right of way.
5. Land division may bo allowed only where the Administrator determines that it/o/brapublinpu(p000.
Chapter 2— Environment Designation Provisions and Regulations Page 35
6. Signs may be allowed only for public facilities and accessory uses within them.
7. Roadways and primary utilities may be allowed only if there is no other feasible alternative, as
determined by the Administrator, and all adverse impacts are mitigated per the mitigation sequence
detailed in chapter 3, section 1.
8. Small-scale water-oriented fabrication and processing, such as repair of hand-launched boats and
custom fish processing, may be allowed only where the Administrator determines there are no
significant adverse impacts.
9. May be allowed in shoreline jurisdiction only if water-oriented(see chapter 5, section 6), and may be
allowed in the Urban Conservancy-Low Intensity designation only if the development and use do not
cause significant ecological impacts. These types of uses and developments are allowed over water
only if they are water-dependent, provide public access, or include a restoration component.
10. See table 2 for moorage piles and mooring buoys.
11. Residential uses may be allowed in the HI-MU environment only when located above an approved
ground floor use. See PAMC Title 17.
12. Log handling and processing of forest products are allowed in the HI-1 and HI-M environments. See
Chapter 5. §5, Regulations 14 through 26.
13. Allowed in the aquatic environment only if allowed in the nearest upland environment. With regard to
aquaculture, uses with no upland components may be authorized in the aquatic designations
regardless of the adjacent upland designation with a CUP.
14. Over-water or off-premise signs may only authorized if directional, informational or providing a public
warning.
Chapter 2— Environment Designation Provisions and Regulations Page 36
2. Shoreline Modification Matrix
The following matrix (Table 1) is the shoreline modification matrix. The matrix
indicates the permitted, conditional, and prohibited modifications in all shoreline
environmental designations. The numbers in the matrix refer to footnotes which may
be found immediately following the matrix. These footnotes provide additional
clarification or conditions applicable to the associated modification. Where there is a
conflict between the matrix and the written provisions in Chapters 2, 3, 4 or 5, the
written provisions shall apply.
Table 1. Shoreline Modification Matrix
P= May be permitted -
C = May be permitted as a conditional use only
X= Prohibited;the use is not eligible for a N Q L
variance or conditional use permit
NA = Not applicable r_ r d
d d d CL d N o = o o d x M
SHORELINE MODIFICATIONS •L
N -6 d N
2 d M
fn Q QU
Shoreline stabilization:
Bioengineering P P NA P P P P P3 P3
Revetments P P NA P C P C P P
Bulkheads P P NA P X C C P P
Breakwaters/jetties/rock weirs/groins P P NA P X C X C C
Dikes, levees C C NA C C C C P3 P3
Environmental restoration P P P P P P P P P
Clearing and Grading P P P P C P P NA NA
Dredging NA NA NA NA NA NA NA P C4
Dredged material disposal P P P P X C X C4 C4
Hazardous waste cleanup P P P P P P P P P
Fill P P P P C P C C5 C5
Piers, docks P P NA P X P X P C
Moorage piles and mooring buoys NA NA NA NA NA NA NA P2 C2
Outfalls P P NA I P C P P P C
Shoreline Modification Matrix Notes:
1. Specific to all methods of shoreline stabilization, and piers and docks -allowed in the aquatic
environment only if allowed in the nearest upland environment.
2. Private, non commercial mooring piles and buoys are prohibited.
Chapter 2— Environment Designation Provisions and Regulations Page 37
3. Soft stabilization measures may be allowed waterward of the OHWM if they restore ecological
functions.
4. Previously unauthorized dredging and dredged material disposal may be allowed as part of
construction of an approved use within the Aquatic Environments (e.g., buried outfall). Dredge
material disposal according to PSDDA management plan may be allowed with a CUP.
5. Fill waterward of the OHWM that is for the purpose of restoring ecological functions or as part of a
WDOE-approved environmental clean-up action is a permitted use and does not require a conditional
use permit, unless the proposed fill material includes dredge spoils.
Chapter 2— Environment Designation Provisions and Regulations Page 38
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Chapter 2— Environment Designation Provisions and Regulations Page 39
CHAPTER 3
General Policies and Regulations
1 . Generally Applicable Policies and Regulations
General policies and regulations are applicable to all uses in all shoreline
environments that may occur along the City's shorelines. The "policies" listed
in this SMP will provide broad guidance and direction and will be used by the
City in applying the "regulations." The provisions of this SMP shall be
administered consistent with constitutional and legal limitations.
a. Applicability
The following policies and regulations apply to all uses and development in all
shoreline environment designations.
b. Policies
1. In order to encourage shoreline restoration, the City will implement
Washington State House Bill 2199 Chapter 405, 2009 Laws, codified as RCW
90.58.580. The City may grant appropriate relief from SMP provisions to
applicable properties all along the City's shorelines provided they meet the
conditions of RCW 90.58.580 and the policies in this SMP.
2. In accordance with RCW 90.58.580, a Substantial Development Permit is not
required for development on land that is brought under shoreline jurisdiction
due to a shoreline restoration project. However, projects are still required to
comply with the regulations of this Master Program.
3. Projects taking place on lands that are brought into shoreline jurisdiction due
to a shoreline restoration project that caused a landward shift of the OHWM
may apply to the Shoreline Administrator for relief from the SMP development
standards and use regulations under the provisions of RCW 90.58.580. Any
relief granted will be strictly in accordance with the limited provisions of RCW
90.58.580, including the specific approval of the Department of Ecology.
4. Where there is an irreconcilable conflict between water-dependent shoreline
uses or physical public access and maintenance of views from adjacent
properties, the water-dependent uses and physical public access should have
priority, unless there is a compelling reason to the contrary.
5. All adverse impacts to the shoreline should be avoided or, if that is not
possible, minimized to the extent feasible. Mitigation should be provided for
any unavoidable impacts to ensure no net loss of ecological function.
c. Regulations
1. Except when specifically exempted by statute, all proposed shoreline
uses and development, including those that do not require a shoreline
Chapter 3—General Policies and Regulations Page 40
permit, must conform to the Shoreline Management Act, Chapter 90.58
RCW, and to the policies and regulations of this SMP.
2. All proposed shoreline uses and development, including those that do not
require a shoreline permit may be allowed only when consistent with the
underlying City zoning, PAMC Title 17.
3. All new shoreline modifications must be in support of an allowable
shoreline use that conforms to the provisions of this SMP.
4. Shoreline uses and modifications listed as "prohibited" shall not be
authorized as a shoreline variance or shoreline conditional use permit.
5. Permit applicants shall submit management plans detailing application of
pesticides, fertilizers and other chemicals as part of the permit
application. Plans shall indicate the pesticide to be used and assurance
that use of the chemical is approved for the intended use and that the
chemicals are applied per department of Agriculture or Department of
Ecology regulations. The Shoreline Administrator will require the use of
best management practices for fertilizer application in order to protect
water quality. The public must be notified through announcements and
on-site signage when chemicals are applied.
6. All shoreline uses and developments shall analyze the environmental
impacts of the proposal and include measures to mitigate environmental
impacts not otherwise avoided or mitigated by compliance with the Master
Program and other applicable regulations. Where required, the City will
apply mitigation measures in the following sequence of steps listed in
order of priority, with (a) being top priority:
a. Avoiding the impact altogether by not taking a certain action or
parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the
action and its implementation by using appropriate technology or
by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment;
d. Reducing or eliminating the impact over time by preservation and
maintenance operations;
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f. Monitoring the impact and the compensation projects (from
subsection e. above) and taking appropriate corrective measures.
7. The City may allow fee payment in lieu of physical compensatory
mitigation measures provided:
a. There is an established program to restore ecological functions
using those funds;
b. The funds are sufficient to provide mitigation so that there is no
net loss of ecological function; and
Chapter 3—General Policies and Regulations Page 41
c. There is a direct and demonstrated correlation between the
impacted ecological functions and the restored functions that the
fee will fund.
8. All shoreline development, uses and activities shall be located, designed,
constructed and managed in a manner which:
a. Minimizes adverse impacts to surrounding land and water uses
and is aesthetically compatible with other existing or planned uses
in the affected area;
b. Avoids disturbance of and minimizes adverse impacts to fish and
wildlife resources, including spawning, nesting, rearing and habitat
areas and migratory routes;
c. Minimizes interference with natural shoreline processes such as
water circulation and sediment transport and accretion;
d. Avoids adverse impacts to public health and safety;
e. Minimizes the need for shoreline defense and stabilization
measures and flood protection works, such as bulkheads, fill,
levees, dikes, groins or substantial site regrades; and
f. Utilizes effective erosion control methods during both project
construction and operation.
2. Archaeological and Historical Resources and Sites
a. Applicability
1. The following provisions apply to standing historical structures, buildings,
sites or districts and archaeological resources or sites that are either
recorded at the Department of Archaeology and Historic Preservation,
demonstrated or predicted by local jurisdictions, or have been discovered as
part of a project action (for example the inadvertent discovery of a buried
archaeological site during construction).
2. Archaeological sites located both within and outside of shoreline jurisdiction
are subject to Chapter 27.44 RCW (Indian graves and records) and Chapter
27.53 RCW (Archaeological sites and records). Developments or uses that
may impact such sites shall comply with Chapters 25-46 and 25-48 WAC as
well as federal historical preservation laws and the provisions of this SMP.
b. Policies
1. Due to the limited and irreplaceable nature of historical and archaeological
resources, all shoreline uses, activities, and development should be
prevented from adversely impacting, destroying, or damaging any site having
historical, cultural, scientific or educational value as identified by local, State
or Tribal cultural resources or planning professionals.
Chapter 3—General Policies and Regulations Page 42
2. The City's shoreline contains archaeological resources and sites
demonstrating nearly 3,000 years of habitation by the Klallam People. The
City will plan accordingly and apply additional, appropriate measures to
ensure that important archaeological sites are identified and protected.
3. Significant archaeological and historical resources should be permanently
preserved for scientific study, education and public observation.
c. Regulations
1. City Planning Staff shall review the information provided by the project
applicant and consult in-house archaeological and historical reference
materials, including but not limited to:
a. City of Port Angeles' Archaeological Predictive Model;
b. Washington State's online database of archaeological and historical
resources (WISAARD).
2. Planning staff shall consult with the Lower Elwha Klallam Tribe on all
shoreline projects with ground disturbing components.
3. Based upon the results of consultation with the Tribe, City planning staff or
the authorized approval body may add conditions to the project permit in
order to require the identification and protection of historical and
archaeological resources that might otherwise be adversely affected by the
project. These conditions will adhere to standard and accepted professional
cultural resources practices.
4. In addition to any other conditions that may be imposed on a project, all
shoreline permits shall contain provisions requiring developers and property
owners to immediately cease work and notify the City Planning Department,
Department of Archaeology and Historic Preservation and affected Indian
Tribes if any items of possible archaeological interest are uncovered during
excavations. In such cases, the developer or property owner shall be
required to allow a site inspection and evaluation by an archaeologist meeting
the federal secretary of the interior's standards for a professional
archaeologist. The professional archaeologist shall ensure that any
inadvertent archaeological discoveries are properly recorded, reported, and
mitigated prior to the resumption of the project.
5. The City may require that development be postponed in such areas to allow
investigation of public acquisition potential and/or retrieval and preservation
of significant artifacts.
6. The City may deny a permit based upon archaeological conditions when the
City determines that a site has significant archaeological, natural, scientific or
historical value. No shoreline permit shall be issued which would pose a
threat to a significant archaeological site.
7. In the event that unforeseen factors constituting an emergency as defined in
WAC 173-27-040 (2)(d) necessitate rapid action to retrieve or preserve
artifacts or data, the project may be exempted from the requirement to obtain
a substantial development permit. The City shall notify the State Department
Chapter 3—General Policies and Regulations Page 43
of Ecology, the State Attorney General's Office, the State Historic
Preservation Office, and the Lower Elwha Klallam Tribe of the exemption in a
timely manner.
8. Historical or archaeological resources shall be considered in park, open
space, public access and site planning, with access to such areas designed
and managed so as to give maximum protection to the resource and
surrounding environment.
9. Interpretation of historical and archaeological features (e.g., informational or
interpretive panels along trails) shall be provided as part of public projects
when the Shoreline Administrator, in consultation with the Lower Elwha
Klallam Tribe, determines that it is appropriate based on the sensitivity of the
features, interpretive opportunities, and other relevant circumstances.
3. Critical Areas (General)
a. Applicability
The following policies and regulations apply to all critical areas within
shoreline jurisdiction, as defined in the City of Port Angeles
Environmentally Sensitive Areas Protection regulations (Title 15 PAMC).
As outlined in Chapter 1, provisions in Title 15 pertaining specifically to
fish and wildlife habitat areas, locally unique features and geologically
hazardous areas (PAMC Chapter 15.20), wetlands protection (PAMC
Chapter 15.24), and flood damage prevention (PAMC Chapter 15.12)
shall be applicable along with regulations contained in this SMP.
Modifications to the Environmentally Sensitive Area provisions in Title 15
PAMC as they apply in shoreline jurisdiction are detailed below.
The version of the City's Environmentally Sensitive Areas Protection
regulations referenced in this document shall refer to those codified by
ordinance #2655 and #2656, dated November 29, 1991 and most
recently amended by ordinance #3367 dated September 15, 2009.
(Appendix D)
b. Policies
1. Protect unique, rare, and fragile environments, including marine bluffs,
stream ravines, wetlands and fish and wildlife habitat conservation areas,
from impacts associated with shoreline use and development.
2. Locate and design shoreline uses and development to minimize risks to
people, property, and critical areas associated with geologically hazardous
areas and frequently flooded areas.
3. Provide a level of protection to critical areas within shoreline jurisdiction that
assures no net loss of shoreline ecological functions necessary to sustain
shoreline natural resources. To achieve this policy, the City has incorporated
Chapter 3—General Policies and Regulations Page 44
appropriate portions of its Environmentally Sensitive Areas Protection
regulations into this SMP by reference.
c. Regulations
Environmentally sensitive areas in shoreline jurisdiction are regulated by
the Port Angeles Environmentally Sensitive Areas Protection regulations,
codified under Title 15 PAMC, which is herein incorporated into this SMP
by reference, except as modified below.
1. If provisions of the Environmentally Sensitive Areas Protection regulations
and other parts of the SMP conflict, the more specific regulation shall apply.
2. Provisions of the Environmentally Sensitive Areas Protection regulations
that are not consistent with the Shoreline Management Act, Chapter 90.85
RCW, and supporting Washington Administrative Code chapters shall not
apply in shoreline jurisdiction. In particular:
a. Provisions of the Environmentally Sensitive Areas regulations
that include a "reasonable use exception" shall not apply within
shoreline jurisdiction. Specifically, Sections 15.20.080(A)(1), (3)
& (6), and 15.24.070(E), PAMC, do not apply. Such requests
shall require a shoreline variance.
b. Provisions of the Environmentally Sensitive Areas Protection
regulations relating to variance procedures and criteria do not
apply in shoreline jurisdiction. Variance procedures and criteria
have been established in this SMP, Chapter 7 Section D and in
Washington Administrative Code WAC 173-27-170 (4).
c. Provisions of the Environmentally Sensitive Areas Protection
provisions relating to nonconforming activities do not apply in
shoreline jurisdiction, specifically Section 15.24.090 PAMC.
Nonconforming use and development provisions have been
established in this SMP, Chapter 7 Section F.
3. The provisions of the Environmentally Sensitive Areas Protection
regulations do not extend the shoreline jurisdiction beyond the limits
specified in this SMP. For regulations addressing portions of critical areas
and buffers that are outside the shoreline jurisdiction, see Environmentally
Sensitive Areas Protection regulations, Chapters 15.20 and 15.24 PAMC.
4. Critical Areas (Critical Saltwater Habitats and Habitat
Areas for Priority Species and Species of Concern)
a. Applicability
For the purposes of this SMP, critical saltwater habitats shall include
those defined in WAC 173-26-221 (2)(iii)(A). This includes: Kelp beds,
eelgrass beds, fish spawning and holding areas for herring, sand lance
Chapter 3—General Policies and Regulations Page 45
and smelt, subsistence, commercial, and recreational shellfish beds,
mudflats, intertidal habitats with vascular plants, and areas with which
priority species have a primary association. Habitat Areas for Priority
Species and Species of Concern are addressed in Section 15.20.070 D of
the PAMC. Priority Habitats and Priority Species are defined in chapter 6.
Areas containing Priority Habitats and Species have been identified in
map series 14 in the Shoreline Inventory, Analysis and Characterization
Report, dated June 2012 (Appendix B).
b. Policies
1. Protect critical saltwater habitats in recognition of their importance to the
marine ecosystem of the City of Port Angeles and the State of Washington.
2. Water-dependent uses, including recreational facilities, marinas,
transportation facilities, and some utility crossings may be permitted in critical
saltwater habitats, provided that the proposed activity or structure will not
result in a net loss of ecological functions or habitat.
3. Ecological functions of marine shorelands can affect the viability of critical
saltwater habitats. Therefore, uses and development on shorelands adjacent
to aquatic areas where critical saltwater habitats exist should avoid directly or
indirectly changing the composition of the beach and bottom substrate. The
re-establishment of natural erosion and sediment transport processes should
be encouraged.
4. Shoreline uses and development should be located and designed to avoid
adverse impacts to critical saltwater habitats.
5. The inclusion of commercial shellfish aquaculture in the critical saltwater
habitat definition should not limit its regulations as a use.
6. Impacts to habitat supporting priority species and species of concern should
be avoided and minimized to ensure such populations do not decline and so
that populations of recreationally important species are maintained.
Measures specific to protection of priority habitats and species, such as
Marbled Murrelet, should be considered as conditions of permit approval.
c. Regulations
1. Water-dependent development and uses, including marinas, docks, piers,
mooring areas, bridges, underwater parks, utility crossings, shoreline
modifications, and other human-made structures shall not intrude into or be
built or located over critical saltwater habitats, unless the applicant shows that
all of the following conditions have been met:
a. The use preference listing in RCW 90.58.020 for uses in Shorelines of
Statewide Significance have been adhered to:
• Recognize and protect the statewide interest over local
interest;
• Preserve the natural character of the shoreline;
Chapter 3—General Policies and Regulations Page 46
• Result in long term over short term benefit;
• Protect the resources and ecology of the shoreline;
• Increase public access to publicly owned areas of the
shorelines;
• Increase recreational opportunities for the public in the
shoreline;
• Provide for any other element as defined in RCW
90.58.100 deemed appropriate or necessary.
b. The public's need for such a development or use is clearly
demonstrated and the proposal is consistent with protection of the public
trust, as embodied in RCW 90.58.020.
c. An alternative alignment or location on the applicant's property that
would avoid impacts to critical saltwater habitats is not feasible or would
result in unreasonable and disproportionate cost to accomplish the
same general purpose. This shall be documented through an
alternatives analysis as part of the application process.
d. The project is consistent with the state and local interests in resource
protection and species recovery.
e. Impacts to critical saltwater habitat functions are avoided and mitigated
to result in no net loss of ecological function.
2. Except when associated with an authorized use, development, or restoration
project aquatic herbicide and pesticide treatments and mechanical removal of
vegetation shall not occur in or over critical saltwater habitats.
3. Sand, gravel, or other materials shall be neither added to nor removed from
critical saltwater habitats, except when part of an authorized use or
development or as allowed in Regulation 1 above.
4. New outfalls (including storm water and sewer outfalls) and discharge pipes
shall not be located in critical saltwater habitats or in areas where outfall or
discharge will adversely affect critical saltwater habitats or water quality
unless the applicant can show that all of the following have been met:
a. There is no alternative location for the outfall or pipe;
b. The outfall or pipe is placed below the surface of the beach or bed of the
water body;
c. The outfall discharges waterward of the intertidal zone;
d. The disturbed area will be revegetated with site appropriate plants;
e. The discharge point(s) on the outfall or discharge pipe is located so the
discharges, including nutrients in the discharge and currents, do not
adversely affect critical saltwater habitats and water quality.
5. Prior to construction, all overwater and near-shore developments shall
conduct an inventory of the project site and adjacent beach sections to
assess the presence of critical saltwater habitats. The methods and extent of
the inventory shall be consistent with accepted research methodology. New
inventories may not be required when the Administrator determines that
Chapter 3—General Policies and Regulations Page 47
existing information and studies or inventories are current, adequate, and
were conducted as required and document compliance with all of the
regulations set forth above.
6. Habitat Areas, Priority Species and Species of Concern shall be protected in
accordance with Section 15.20.070 D of the PAMC, as incorporated into this
SMP. Studies, reports and/or habitat management plans as required by that
section may also address the critical saltwater habitat provisions outlined
above, where the two critical areas overlap or exist concurrently. Where
these areas overlap with vegetation conservation areas as identified in
chapter 2 and described in section 12 of this chapter, required plans or
studies may be combined as long as all provisions required by both sections
are addressed.
5. Critical Areas (Geologically Hazardous Areas)
a. Applicability
Geologically hazardous areas are susceptible to severe erosion, slide
activity, or other geologic events. Along the Port Angeles shoreline,
high marine bluffs are the most visible type of geologically hazardous
area, although other hazards also exist.
More severe hazard areas are not suitable for placing structures or
locating activities or uses due to the inherent threat to public health
and safety. Vegetation removal from sites with or adjacent to unstable
slopes alters surface runoff and groundwater infiltration patterns, which
can lead to increased slope instability.
A certain level of erosion of shorelines and marine bluffs is natural to
the Puget Sound area. Erosion from "feeder bluffs" is a primary
source of sand and gravel found on beaches, including accretion
beaches (gravel bars, sand spits, and barrier beaches).
b. Policies
1. New development or the creation of new lots should not cause any
foreseeable risk from geological conditions to people or improvements during
the expected life of the development.
2. Permit development where no slope protection (e.g., bulkheads, riprap,
retaining walls, etc.) is necessary and where nonstructural protection (e.g.,
shoreline setbacks) will be sufficient for the life of the structure (at least 75
years).
Chapter 3—General Policies and Regulations Page 48
c. Regulations
Regulations for geologically hazardous areas are set forth in Chapter 15.20
PAMC, as incorporated into this SMP. Note that in addition to the setbacks
from hazard areas applied therein, vegetation conservation within these areas
shall be required by as outlined in Section 12 of this Chapter.
Additional standards for marine bluffs are presented below.
1. Development on properties adjacent to marine bluffs shall observe a 50-foot
marine bluff buffer as established in Section 15.20.070 (13)(2) PAMC, as
incorporated into this SMP. In addition, 15-foot setback for all structures is
required from the landward edge of the marine bluff buffer. No development
shall be allowed closer than 65 feet from the top of a marine bluff without a
variance, unless otherwise allowed in Section 12 of this chapter.
2. Proposals requiring a variance for development within 65 feet of the top of a
marine bluff as outlined above shall be required to submit a geotechnical
engineering report, prepared in accordance with the requirements of this
SMP and Title 15, PAMC.
The geotechnical engineering report shall:
• be prepared by a Washington State licensed professional civil
engineer with a specialty in geotechnical engineering or an
engineering geologist with a Washington specialty license in
engineering geology as specified in RCW 18.220,
• be professionally stamped,
• be based upon the best available science,
• consider existing and proposed uses,
• include risks of slope failure,
• include coastal erosion rates over at least 75 years, based in
part on anticipated sea level rise and storm frequency,
• Document how, and include a certification that the proposed
structure will not be in danger from erosion for at least 75
years,
• Include vegetation enhancement and low impact development
measures that might be used as a means of reducing
undesirable erosion.
• address the requirements outlined in PAMC 15.20.060 (C), and
• outline how the proposal meets all of the variance criteria in chapter 7
of this SMP.
3. Surface drainage shall be directed away from marine bluffs. When no other
solution is feasible, surface drainage piping may be located on the face of a
steep slope when contained in a tight line (closed, non-leaking pipe) properly
secured to avoid erosion caused by movement of the pipe, and designed in
such a way that erosion will not be exacerbated at the base of the bluff and
Chapter 3—General Policies and Regulations Page 49
that physical access along the shoreline is not degraded. Furthermore,
conditions may be applied to mitigate for aesthetic or habitat impacts of
drainage systems as viewed from public areas.
4. See Chapter 4 for provisions relating to shoreline stabilization measures.
5. Development (stair towers or other structures) built over the marine bluff face
to the shoreline is prohibited.
6. Vegetation management for viewshed enhancement and hazard tree removal
may be allowed, as authorized by the Administrator. In addition to the
standards in Section 15.20 PAMC (as incorporated into this SMP), best
pruning and management practices as established by the Tree Care Industry
shall be followed, no cut vegetation may remain on the bluff face, and
exposed soils shall be stabilized immediately after the completion of work.
6. Critical Areas (Wetlands)
a. Applicability
Wetlands in shoreline jurisdiction shall be protected in accordance with Chapter
15.24 PAMC, as incorporated into this SMP. Modifications to Chapter 15.24
PAMC as it will be applied in shoreline jurisdiction are outlined below.
b. Policies
1. Wetlands should be protected from alterations to ensure there is no net loss
of wetland acreage and functions. The greatest protection should be
provided to wetlands of exceptional resource value, defined as those
wetlands that include rare, sensitive or irreplaceable systems such as:
a. Documented or potential habitat for an endangered, threatened or
sensitive species;
b. High-quality native wetland systems;
c. Significant habitat for fish or aquatic species as determined by the
appropriate state resource agency;
d. Diverse wetlands exhibiting a high mixture of wetland classes and
subclasses;
e. Mature forested wetland communities;
f. Estuarine wetlands, kelp beds or eelgrass beds.
2. Wetland buffers should be maintained between a wetland and any adjacent
development to protect the functions and values of the wetland.
3. Wetland restoration, creation and enhancement projects should result in
increased wetland acreage and/or improved wetland functions.
4. Proposals for wetland restoration, creation or enhancement should be
coordinated with appropriate resource agencies to ensure adequate design
and consistency with other regulatory requirements.
Chapter 3—General Policies and Regulations Page 50
c. Regulations
1. General
a. For identifying and delineating a wetland, applicants shall use Section
15.24.040(C) PAMC and the most recent edition of the U. S. Army
Corps of Engineers (2010) Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Western Mountains, Valleys,
and Coast Region (Version 2.0). Wetland delineations are valid for five
years.
b. For the purpose of this document, the definition of wetland is:
"Wetland" or"wetlands" means areas that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited
to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that
were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial wetlands
intentionally created from non-wetland areas created to mitigate
conversion of wetlands.
c. For the purpose of this document, the definition of hydric soils shall not
apply. The definition of hydric soil shall be derived from the language
in the Corps of Engineers Wetland Delineation Manual and the U. S.
Army Corps of Engineers (2010) Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Western Mountains, Valleys,
and Coast Region (Version 2.0).
d. For Category 1 & 2 wetlands, the applicant, in addition to complying
with the provisions above, shall demonstrate that there is a compelling
public need for the proposed activity or that denial of the permit would
impose an extraordinary hardship on the applicant brought about by
circumstances peculiar to the subject property.
e. Wetlands - Ratings. Wetlands shall be rated according to the
Washington State Department of Ecology wetland rating system found
in the "Washington State Wetland Rating System for Western
Washington", revised April 2004 (Ecology Publication No. 04-06-025,
or as revised and approved by Ecology).
f. The wetland rating system determines wetland buffers and
replacement ratios. Wetland ratings using the system outlined in
regulation 1 e above shall result in wetland categories as outlined
below, instead of those categories found in Section 15.20.040 (D)(1)
PAMC. Additionally, the wetland functional assessment process as
Chapter 3—General Policies and Regulations Page 51
outlined in Section 15.24.045 PAMC does not apply in shoreline
jurisdiction.
Washington State Four-Tier Wetlands Rating System:
i. Category I wetlands are: (1) relatively undisturbed estuarine
wetlands larger than 1 acre; (2) wetlands that are identified by
scientists of the Washington Natural Heritage Program/DNR as
high-quality wetlands; (3) bogs; (4) mature and old-growth
forested wetlands larger than 1 acre; (5) wetlands in
undisturbed coastal lagoons; and (6) wetlands that perform
many functions well (scoring 70 points or more). These
wetlands: (1) represent unique or rare wetland types; (2) are
more sensitive to disturbance than most wetlands; (3) are
relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or (4) provide a
high level of functions.
ii. Category 11 wetlands are: (1) estuarine wetlands smaller than 1
acre, or disturbed estuarine wetlands larger than 1 acre; (2)
interdunal wetlands larger than 1 acre; (3) disturbed coastal
lagoons or (4) wetlands with a moderately high level of
functions (scoring between 51 and 69 points).
iii. Category III wetlands are: (1) wetlands with a moderate level of
functions (scoring between 30 and 50 points); and (2)
interdunal wetlands between 0.1 and 1 acre. Wetlands scoring
between 30 and 50 points generally have been disturbed in
some ways and are often less diverse or more isolated from
other natural resources in the landscape than Category 11
wetlands.
iv. Category IV wetlands have the lowest levels of functions
(scoring fewer than 30 points) and are often heavily disturbed.
These are wetlands that we should be able to replace, or in
some cases to improve. However, experience has shown that
replacement cannot be guaranteed in any specific case. These
wetlands may provide some important functions, and should be
protected to some degree.
g. For purposes of the SMP, the definition of regulated wetlands in
Section 15.24.020 (Y) excludes the statement"Regulated wetlands
do not include Category 11 and III wetlands less than 2,500 square
feet and Category IV wetlands less than 10,000 square feet." In
shoreline jurisdiction, all wetlands shall be regulated regardless of
size.
2. Wetland Buffers
a. Wetland buffers as required in PAMC 15.24.070 C shall be retained
in their natural condition. Where buffer disturbance has occurred
during construction, revegetation with native vegetation is required.
Chapter 3—General Policies and Regulations Page 52
Developments and activities shall not be allowed within the buffer
except for:
i. Activities outlined in Section 15.24.050 (B) PAMC, except for
Class IV general Forest Practices, which shall be regulated by
this chapter, provided such activities comply with SMP
mitigation sequencing requirements in section 1 of this Chapter
and result in no net loss of shoreline ecological function.
Timber harvesting with associated development activity involving
land conversions from Forest Use, or otherwise meeting the DNR
definition as a Class IV General application, shall comply with the
provisions of this Ordinance including the maintenance of buffers,
where required. If harvest or development is proposed within an
Environmentally Sensitive Area or its buffer, a habitat
management plan is required.
ii. Activities outlined in Section 15.24.050 (A)11 of the PAMC,
provided such activities comply with mitigation sequencing
requirements in section 1 of this Chapter and result in no net
loss of shoreline ecological functions. Limited trail spurs to the
water's edge, when located and designed consistent with the
mitigation sequence, shall be permitted.
iii. Section 15.24.070 (C)(7)(a) shall not apply in shoreline
jurisdiction.
iv. Standard wetland buffer width averaging as outlined in Section
15.24.070 (C)(4)(e) PAMC shall be limited to 25% of the
standard buffer width. Buffer width averaging and buffer width
reductions, as described in Section 15.24.070 (C)(3) shall not
be used together.
b. The location of all required buffer zones shall be clearly and
permanently marked on any project site prior to initiation of site work.
3. Mitigation and Development
a. Mitigation shall be as required in the City's Wetland Protection
Ordinance, Section 15.24.070 PAMC. However, the wetland
mitigation rations in Section 15.24.070 (H)(6)(b) shall not apply; in
shoreline jurisdiction, the compensatory mitigation ratios below shall
apply.
b. In shoreline jurisdiction, wetlands shall be replaced at the following
ratio (acreage replaced to acreage lost).
Wetland Mitigation Ratios
Category and Creation or Re-
Type of establishment Rehabilitation Enhancement
Wetland
Category I: Not considered Case by case Case by case
Bog, Natural possible
Chapter 3—General Policies and Regulations Page 53
Heritage site
Category I:
Mature 6:1 12:1 24:1
Forested
Category I:
Based on 4:1 8:1 16:1
functions
Category II 3:1 6:1 12:1
Category III 2:1 4:1 8:1
Category IV 1.5:1 3:1 6:1
Buffer impacts shall be mitigated at a ratio of 1:1.
c. Where restoration, creation or enhancement activities are
proposed, the applicant shall be required to-
i. File a performance bond or other approved security in an
amount equal to no less than 150% of the estimated cost
of the compensation plan. The cost shall include
estimated amounts associated with fulfillment of the
compensations project, monitoring program, and any
contingency measures; and
ii. Compensation areas shall be permanently protected
through legal instruments such as sensitive area tracts,
conservation easements or comparable use restrictions.
7. Parking
a. Applicability
Parking is the temporary storage of motorized vehicles and/or trailers.
The following provisions apply to parking that is "accessory" to a permitted
shoreline use unless otherwise noted.
b. Policies
1. Parking should be planned to achieve optimum use. Where possible, parking
should serve more than one use (e.g. serving recreational use on weekends,
commercial uses on weekdays).
2. Parking facilities in shorelines are not a preferred use and unless otherwise
outlined below, should be located outside of shoreline jurisdiction.
3. "Low impact development" techniques, such as permeable pavements,
appropriate landscaping and on-site infiltration areas are encouraged to
reduce the impacts of parking facilities.
Chapter 3—General Policies and Regulations Page 54
c. Regulations
1. Parking as a primary use or parking that serves a use not permitted in the
applicable shoreline environment designation shall be prohibited. Primary
parking in the downtown HI-MU designation (segment L) is exempt from this
regulation.
2. Parking over water shall be prohibited (staging for ferry loading is exempt).
3. Parking in shoreline jurisdiction must directly serve a permitted shoreline use.
Primary parking in the downtown HI-MU designation (segment L) is exempt
from this regulation.
4. Except in the HI-I, HI-UU and on the US Coast Guard Base, parking facilities
serving individual buildings on the shoreline shall be located landward of the
primary use, to minimize adverse impacts on the shoreline.
5. Parking for shoreline activities shall provide safe and convenient pedestrian
circulation within the parking area and to the shoreline.
6. Parking areas shall include facilities to prevent surface water runoff from
contaminating water bodies.
7. Lighting associated with parking lots shall be beamed, hooded, or directed to
minimize and avoid illumination of the skyline (light pollution), water, setback
areas, wetlands, and other wildlife habitat areas.
8. Public Access
a. Applicability
Shoreline public access is the ability of the general public to reach, touch
and enjoy the water's edge and the ability to have a view of the water and
the shoreline from adjacent locations. Public access facilities may include
parks, picnic areas, pathways and trails, viewing towers, piers and docks,
bridges, boat launches, and improved street ends.
Shoreline public access should align with opportunities and priorities
identified in the City of Port Angeles Comprehensive Plan, the Port of Port
Angeles Strategic Plan, the Port Angeles Harbor Resources Management
Plan, and the City's Trails Plan.
b. Policies
1. Public access should be considered in all private and public development
proposals, with the exception of the following:
a. One- and two-family dwelling units or subdivisions of land into less
than 4 parcels; or
b. Where deemed inappropriate or infeasible due to incompatible uses,
health, safety, security and/or environmental concerns, and
constitutional or other legal limits.
Chapter 3—General Policies and Regulations Page 55
2. Developments, uses, and activities on or near the shoreline should not impair
or detract from the public's access to the water or the rights of navigation.
3. In all project proposals, public access should be provided as close as
possible to the water's edge without causing significant ecological impacts.
All public access should be designed in accordance with the Americans with
Disabilities Act.
4. Opportunities for public access should be identified on publicly owned
shoreline properties. Public access opportunities afforded by shoreline street
ends, public utilities and rights-of-way should be preserved.
5. Public access should be designed to provide for public safety and comfort
and to minimize potential impacts to private property and individual privacy.
6. Public views from shoreline upland areas should be enhanced and
preserved. View enhancement does not mean the excessive removal of
existing vegetation that impairs views.
7. Publicly funded public access projects should include interpretive displays.
8. Commercial and industrial development on the waterfront should be
encouraged to provide a means for visual and physical access to the
shoreline area wherever feasible.
9. Shoreline development by private entities should provide public access when
the development would either generate a public demand for one or more
forms of such physical or visual access, or would impair existing legal access
opportunities or rights.
10. Public health and safety concerns associated with community or public
access sites should be adequately mitigated.
11. Where feasible, providers of shoreline public access should consider:
a. Locate and design public access improvements in a manner that
is compatible with the shoreline character and avoids adverse
impacts to shoreline ecological processes and functions; and
b. Ensure public access improvements and amenities are safe,
respect individual privacy, and avoid or minimize visual impacts
from neighboring properties; and
c. Provide maps, signage, and orientation information to inform the
public of the presence and location of privately held shorelands,
especially those adjacent to public access and recreational
areas; and
d. Incorporate programs, signage and informational kiosks into
public access locations, where appropriate, to enhance public
education and appreciation of shoreline ecology and areas of
historical or cultural significance.
Chapter 3—General Policies and Regulations Page 56
c. Regulations
1. Unless otherwise excepted or demonstrated infeasible as outlined below,
public access is required for the following developments:
a. Land division into more than four lots and planned residential
developments (PRDs).
b. Nonwater-oriented uses.
c. Water-related and water-enjoyment commercial uses.
d. Development on public land or by public entities, including the
City, Port of Port Angeles, Olympic Medical Center, and public
utility districts.
e. Development or use that will interfere with an existing public
access way. Impacts to existing public access may include
blocking access or discouraging use of existing on-site or
nearby access sites.
f. When public access is required in Segment O of the HI-MU
designation, opportunities for moving or providing spurs of the
Olympic Discovery/Waterfront Trail to the shoreline shall be
explored.
2. Public access is not required as part of development if any of the following
conditions apply:
a. The development is a single-family residence not part of a
development planned for more than four parcels or the development
is accessory to a single-family residence.
b. Public access is demonstrated to be infeasible or undesirable due to
reasons of incompatible uses, safety, security, or impact to the
shoreline environment. In those instances, alternative means of
providing public access shall be proposed.
c. Where constitutional or legal limitations apply.
Where on-site public access is not required because of above condition b,
the City shall consider alternate methods of providing public access such as
offsite improvements, viewing platforms, separation of uses through site
planning and design, and restricting hours of public access.
3. Required public access shall be conditioned in the applicable shoreline permit
so as to describe the impact necessitating access and how the required
public access condition(s) address such impact. Public access areas or
facilities shall comply with the mitigation sequence in section 1 of this
Chapter.
4. Shoreline developments (including land division into more than four lots and
PRDs) shall minimize adverse impacts to public views of shorelines from
public land or substantial numbers of residences.
5. Public access provided by shoreline street ends, public utilities, and rights-of-
way shall not diminish. Street ends and rights of way shall only be vacated in
accordance with the requirements of RCW 35.79.035.
Chapter 3—General Policies and Regulations Page 57
6. Public access sites shall be connected directly to the nearest public street or
public right-of-way and shall include provisions for physically impaired
persons, where feasible.
7. Required public access sites shall be fully developed and available for public
use at the commencement of the approved use or activity.
8. Public access easements and/or permit conditions shall be recorded on the
title and/or on the face of a plat. Recording of easements with the County
Assessor's Office shall occur at the time the use or development is approved
and prior to commencement of the approved use. Proposed public access
easements shall be submitted to the Administrator for review prior to project
approval.
9. The minimum width of public access corridors shall be sufficient to provide
clearly marked, safe access to the shoreline. The Shoreline Administrator will
consult the Harbor Resource Management Plan and the City's trail plan in
determining the required type and scope of public access improvements.
10. Public access opportunities shall be included in the planning and design of
ecological restoration projects.
11. Signs that indicate the public's right of access and hours of access shall be
installed and maintained by the applicant in conspicuous locations at public
access sites. Signs may control or restrict public access per conditions of
permit approval.
12. Future actions by the applicant, successors in interest, or other parties shall
not diminish the usefulness or value of the public access provided.
13. Except where precluded by specific provisions elsewhere in this SMP, public
access facilities may be developed over water provided that all significant
ecological impacts are mitigated to achieve no net loss of ecological
functions.
14. Efforts to implement the public access provisions of this section shall be
consistent with all relevant constitutional and other legal limitations on
regulation of private property and the principles of nexus and proportionality.
15. Public access requirements on privately owned lands shall 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
landowner and the public.
9. Shorelines of Statewide Significance
a. Applicability
Within the City of Port Angeles'jurisdiction, all marine waters waterward of
extreme low tide are shorelines of statewide significance.
Chapter 3—General Policies and Regulations Page 58
Note that, while many of the policies relate to upland development and
activities, they bear directly on aquatic and shoreline resources, including
those below extreme low tide.
b. Policies
In implementing the objectives of RCW 90.58.020 for shorelines of statewide
significance, the City has and will continue to base decisions in preparing and
administering this SMP on the following policies in order of priority, 1 being the
highest and 6 being lowest.
1. Recognize and protect the statewide interest over local interest.
a. Take into account state agencies' policies, programs and
recommendations in developing and administering use
regulations and in approving shoreline permits. Solicit
comments, opinions and advice from individuals with expertise
in ecology and other scientific fields pertinent to shoreline
management.
b. Maintain space for unique facilities of statewide importance,
including institutional, industrial and navigational activities
supporting the maritime economy.
2. Preserve the natural character of the shoreline.
a. Shoreline environments and use regulations should protect and
restore the ecology and environment of the shoreline.
b. Clean up and redevelop areas where development already exists,
in order to reduce adverse impact on the environment and to
accommodate future growth rather than allowing high intensity uses
to extend into low-intensity use or underdeveloped areas.
c. Protect and restore habitats for State-listed "priority species."
d. Protect the natural characteristics of Ediz Hook. Where feasible,
restore the shoreline ecology while recognizing the need for
shoreline stabilization on the shoreline facing the Strait and the
accommodation of preferred uses such as public access.
3. Support actions that result in long-term benefits over short-term benefits.
a. In general, preserve resources and values of shorelines of statewide
significance and restrict or prohibit uses and development that would
irretrievably damage shoreline resources.
b. Retain, to the extent possible, water-dependent industrial uses.
4. Protect the resources and ecology of the shoreline.
a. All shoreline uses and development should be managed to ensure
no net loss of ecological functions and should avoid disturbance of
wildlife resources, including spawning, nesting, rearing and feeding
habitats and migratory routes.
b. Protect and enhance natural erosion and sediment transport
processes.
Chapter 3—General Policies and Regulations Page 59
c. Take steps to remove from the harbor area contaminated sediments
and other artificially placed materials, such as wood waste,
abandoned structures, etc.
d. Manage the water area for maximum benefit and environmental
quality.
e. Protect and restore estuarine and riparian habitats, especially at
Ennis Creek.
f. Implement the recommendations of the Environmental Restoration
Plan (Appendix D).
5. Increase public access to publicly owned areas of the shoreline.
a. Give priority to developing paths and trails to shoreline areas and
linear access along the shorelines.
b. Maintain and enhance the Olympic Discovery/Waterfront Trail
through Port Angeles.
c. Implement the public access recommendations of the 2011 Harbor
Resources Management Plan (HRMP).
6. Increase public recreational opportunities on the shoreline.
a. Plan for and encourage development of facilities for water-oriented
recreational use of the shoreline areas including those along Ediz
Hook, public parks and trails and along the downtown waterfront.
b. Develop a park on publicly owned portions of the Oak Street site,
which will augment the downtown waterfront as a recreational
resource of statewide importance.
c. Implement the recreational recommendations in the HRMP.
10. Signage
a. Applicability
A sign is defined as a device of any material or medium, including structural
component parts, used to attract attention to the subject matter for
advertising, identification or informative purposes. The following provisions
apply to any commercial or advertising sign directing attention to a
business, professional service, site, facility, or activity, conducted or sold
either on or off premises.
b. Policies
1 Signs should be designed and placed so that they are compatible with the
aesthetic quality of the existing shoreline and adjacent land and water uses.
2 Signs should not block or otherwise interfere with visual access to the water
or shorelands.
Chapter 3—General Policies and Regulations Page 60
c. Regulations
1 All signs in shoreline jurisdiction shall meet the requirements of the Port
Angeles Sign Code; PAMC 14.36.
2 Prohibited Signs: The following types of signs are prohibited in the shoreline
jurisdiction:
a. Off-premises outdoor advertising signs.
b. Spinners, streamers, pennants, flashing lights and other animated
signs used for commercial purposes.
c. Signs placed on trees or other natural features.
d. Overwater signs and signs on floats or pilings advertising for
goods, services, or businesses. Overwater directional,
informational, or public warning signs may be permitted.
3. Allowable Signs: The following types of signs may be allowed in all
shoreline environments:
a. Water navigational and highway signs necessary for operation,
safety and direction.
b. Public information signs directly relating to a shoreline use or activity.
Public information signs shall include public park signs, public
access identification signs, and warning signs.
c. Off-premise, free-standing signs for public information or
directional purposes only.
d. Temporary decorations customary for special holidays and
similar events of a public nature.
e. Temporary directional signs to public or quasi-public events,
when approved by the property owner and the city and removed
within 10 days following the event.
4. All signs shall be located and designed to avoid interference with vistas,
viewpoints and visual access to the shoreline.
5. Lighted signs shall be hooded, shaded, or aimed so that direct light will
not result in glare when viewed from surrounding properties or
watercourses.
6. Temporary or obsolete signs shall be removed within 10 days of the
termination of the function, closures of business, or completion of
elections. Examples of temporary signs include: real estate signs,
directions to events, political advertisements, event or holiday signs,
construction signs, and signs advertising a sale or promotional event.
Chapter 3—General Policies and Regulations Page 61
11 . Utilities (Accessory)
a. Applicability
Utilities are services and facilities that produce, transmit, carry, store, process,
or dispose of electric power, gas, water, sewage, communications, oil, solid
wastes and the like. Accessory utilities are on-site utility features serving a
primary use, such as a water, sewer, or gas line or telecommunications
service. Accessory utilities do not carry significant capacity to serve other
users and will be considered as part of the primary use. They are addressed
in this section because they concern all types of development and have the
potential to impact the quality of the shoreline and its waters.
Primary utility uses and facilities, such as power generating and water
treatment plants and transmission and main lines and pipes, are covered in
Chapter 5.
b. Policies
1 Accessory utilities should be installed so as to protect the shoreline and water
from contamination and degradation and to ensure no net loss of shoreline
ecological functions.
2 Accessory utilities and -corridors should be located outside of shoreline
jurisdiction to the extent feasible. When utility lines require a shoreline
location, they should be placed underground if feasible.
3 Accessory utilities should be designed and located in a manner which
preserves the natural landscape and shoreline ecological processes and
functions and minimizes conflicts with present and planned land uses.
c. Regulations
1. Accessory utilities shall be placed outside of shoreline jurisdiction when
feasible. When accessory utilities must be placed within shoreline
jurisdiction, they shall be placed underground, when feasible. Such utilities
shall utilize existing rights-of-way, corridors, and/or bridge crossings
whenever possible. Proposals for new corridors in shoreline areas involving
water crossings must fully substantiate the infeasibility of existing routes.
2. Accessory utility development shall, through coordination with government
agencies, provide for compatible multiple uses of sites and rights-of-way,
when feasible. Such uses include shoreline access points, trails and other
forms of recreation and transportation systems, providing such uses will not
unduly interfere with utility operations or endanger public health and safety.
3. Sites disturbed for accessory utility installation shall be stabilized during and
following construction to avoid adverse impacts from erosion and, where
feasible, restored to pre-project configuration and replanted with native
vegetation.
Chapter 3—General Policies and Regulations Page 62
4. Utilities that need water crossings shall be placed deep enough to avoid the
need for bank stabilization during construction and in the future due to
flooding and bank erosion that may occur over time. Boring is preferred over
open trenching as a method of utility water crossing.
12. Vegetation Conservation
a. Applicability
The following provisions apply to Vegetation is critical to maintaining
any activity that results or has the the shoreline ecology and helps to
potential to result in the removal of prevent undesirable erosion, improve
or impacts to shoreline vegetation, water quality, reduce flooding, and
whether or not that activity requires provide important habitat.
a shoreline permit or exemption.
Such activities include but are not This SMP includes provisions to
limited to clearing, conserve shoreline vegetation by
grubbing, pruning or removal of limiting "significant vegetation
vegetation. removal" within "vegetation
conservation areas".
Provisions in this section generally
outline vegetation protection and "Significant vegetation removal" is
enhancement activities. Specific defined as the removal or alteration of
provisions for vegetation trees, shrubs, or ground cover by
conservation in specific segments clearing, grading, cutting, burning,
of the shoreline are presented in chemical means, or other activity that
Chapter 2. causes significant ecological impacts
to functions provided by such
A "vegetation conservation area" vegetation.
(VCA) is an area within shoreline
jurisdiction where vegetation, The removal of invasive, non-native,
especially native vegetation, or noxious weeds does not constitute
contributing to the ecological significant vegetation removal.
function of shoreline areas must be Tree pruning, not including tree
protected and where it has been topping, where it does not affect
removed or destroyed, should be ecological functions and meets
restored. VCA's are generally accepted industry standards, does not
measured from the shoreline a constitute significant vegetation
specific width landward of and removal.
perpendicular to the shoreline.
A VCA is different than a setback
or than an environmentally
sensitive area buffer, although they may overlap. Setbacks are established to
separate a building or structure from a specific feature, which features in this
SMP include the OHWM or the landward edge of a critical area buffer. Activities
in setback areas have fewer restrictions and may allow landscaping or non-
structural features such as roads or trails.
Chapter 3—General Policies and Regulations Page 63
Environmentally sensitive area buffers are similar to vegetation conservation
areas in that they are intended to protect ecological functions. Buffers are
intended to remain undisturbed and are typically treated as `no touch' areas.
For environmentally sensitive areas in shoreline jurisdiction, this intent must be
balanced with the policy goals of the Shoreline Management Act giving
preference for a shoreline location to water-oriented uses, activities and public
access. Not all of Port Angeles' shoreline areas are considered environmentally
sensitive areas; where environmentally sensitive as defined in chapter 6 exist in
shoreline jurisdiction, the buffer has often also been designated as a VCA. In
some shoreline segments, no environmentally sensitive areas exist; in these
cases there may not be a buffer but there may be a VCA.
As outlined in Chapter 2 - if no VCA is assigned to a shoreline segment, uses or
development on parcels with frontage on waters regulated by the SMP are still
required to preserve existing native vegetation within shoreline jurisdiction or the
shoreline setback (as applicable) to the extent feasible and in accordance with
the regulations and allowances in this section.
b. Policies
1. Vegetation within the City shoreline areas should be enhanced over time to
provide a greater level of ecological functions, human safety, property
protection, and aesthetic value.
2. The removal of invasive or noxious weeds and replacement with native
vegetation is encouraged of all development activities. Removal of noxious
or invasive weeds should be conducted using the least-impacting method
feasible, with a preference given to manual removal, or if that is not practical,
using mechanical rather than chemical means.
3. New development, including clearing and grading, should minimize significant
vegetation removal in shoreline jurisdiction to the greatest extent feasible.
Vegetation removal should be limited to the minimum necessary to
accommodate the authorized use or development. When vegetation removal
cannot be avoided, it should be mitigated to ensure no net loss of shoreline
ecological functions.
4. Selective pruning for view maintenance should comply with the standards of
Sections 15.20 and 15.24 PAMC, where applicable.
5. Ecological restoration should be considered as potential mitigation for
impacts to shoreline resources and values resulting from water dependent
commercial and industrial development or non-water oriented development.
c. Regulations
1. Within VCAs, all native trees over six inches in diameter at four feet above
average grade shall be retained. Snags and living trees shall not be removed
within the required VCA unless a Certified Arborist determines them to be
hazards or unless removed in accordance with regulation 6 below. Snags
and living trees within the VCA which do not present a hazard shall be
retained. Vegetation removal for views within VCAs that overlap marine
Chapter 3—General Policies and Regulations Page 64
bluffs and/or marine bluff buffers shall be prohibited when such removal has
the potential to exacerbate erosion. Vegetation removal in these VCAs shall
be authorized in accordance with Section 15.20 PAMC as incorporated into
this SMP, and shall include mitigation. Tree topping is prohibited.
2. Within VCAs, native understory vegetation (shrub and herbaceous layers)
shall remain intact. Exceptions are outlined in regulation 6 below.
3. Removal of invasive plant species shall be restricted to hand removal except
where no reasonable alternative to herbicides exist, and weed control is
demonstrated to be in the public interest. All removed plant material shall be
taken away from the site and properly discarded. Revegetation with
appropriate native species is required in conjunction with such removal.
Replacement of non-native vegetation with native species shall be done in a
manner that will not leave soil bare or vulnerable to erosion.
4. In order to create a new lot partially or wholly within shoreline jurisdiction, the
applicant shall demonstrate that any VCA as required in chapter 2 will be
preserved and that all construction can occur outside of and without any
impacts to such areas. Exceptions may be granted for activities outlined in
regulation 6 below.
5. In the absence of a development proposal, existing, lawfully established
landscaping and gardens within a vegetation conservation area may be
maintained in their existing conditions, including but not limited to mowing
lawns, weeding, harvesting and replanting garden crops, and pruning and
replacing ornamental trees or vegetation. Such areas may be maintained in
the condition and appearance as they currently exist, provided this does not
apply to areas previously established as mitigation sites or areas protected by
conservation easements or similar restrictive covenants.
6. The following uses or activities may be allowed in VCAs and setbacks as
established in chapter 2 without a shoreline variance, provided such uses are
designed, located, constructed and maintained in a manner that avoids and
minimizes impacts to vegetation and achieves no net loss of shoreline
ecological functions.
a. Uses and activities allowed in sections 15.20.080 (D) and 15.24.050
(B) of the PAMC, as incorporated into this SMP, when also allowed in
the applicable shoreline environment.
b. Public and pedestrian trails, pathways and boardwalks, piers, docks,
launch ramps, viewing platforms, wildlife viewing blinds and other
similar water oriented recreational or public access
uses/developments.
c. Authorized shoreline modifications, including shoreline restoration.
d. Allowed water-dependent uses in all shoreline environments.
Note that provisions in chapter 2 may expressly prohibit or limit the type or
location of encroachments into the VCA in specific shoreline segments or
environment designations. For example, in the HI-UU designation, viewing
Chapter 3—General Policies and Regulations Page 65
towers or other public access points are only allowed on street ends or other
publicly owned sites. In segment O, encroachment into the VCA along tidally
influenced portions of Ennis Creek is only allowed for public access or
ecological restoration. Please see chapter 2 for a full list of these limitations.
7. As a requirement of encroachment into the VCA or impacts to shoreline
vegetation where there is no VCA for the activities authorized in regulation 6
above, mitigation in the form of vegetative restoration within the VCA may be
required. If the use or development is within a shoreline segment that has
not been assigned a VCA in chapter 2 of this SMP, mitigation shall be in the
form of either vegetating some portion of the project site where equal
functions can be provided, or mitigating in focus areas as identified for each
shoreline segment in chapter 2. Mitigation shall be provided in an area that
can be planted so as to be functionally equivalent to the area impacted, and
at no less than a 1 to 1 ratio (area replaced to area lost).
8. The Shoreline Administrator may allow removal of vegetation exceeding that
described in 6 above by 15% of the total area of the VCA where an applicant
agrees to replacement plantings that are demonstrated to provide greater
benefit to shoreline ecological functions than would be provided by strict
application of this section, based upon findings of a qualified professional.
9. Non water oriented uses or development authorized within shoreline
jurisdiction (only allowed as part of mixed use developments with water
dependent uses or in existing developed areas in support of water dependent
uses; see table 1 and chapter 5) shall provide mitigation as outlined in
Chapter 5, section 4. Required mitigation shall follow the same location
procedure as is outlined in regulation 7 above.
10. Proposed uses or development including vegetation removal, clearing, or
grading within shoreline jurisdiction must provide, as a part of the application
package, a site plan, drawn to scale, indicating the extent of proposed
clearing and/or grading and vegetation removal. The plan and application
shall include all information required by other applicable sections of the
PAMC, and at a minimum must demonstrate:;
a. Compliance with the mitigation sequence specific to proposed
vegetation removal,
b. That clearing or grading and vegetation removal are the minimum
necessary to accommodate the proposed use,
c. The ecological functions being provided by the shoreline
vegetation proposed for removal; and
d. How erosion will be controlled during construction.
As outlined above, this plan may be combined with any other required site plan
or plan set required for such project, including but not limited to critical area
reports/plans or construction plans.
11. Where establishment of shoreline vegetation is required by this SMP, the
applicant shall consult with a qualified professional to prepare a shoreline
Chapter 3—General Policies and Regulations Page 66
revegetation and management plan. This plan may be combined with other
required reports/plans necessary for the proposed use or development, as
long as such plan documents compliance with all applicable requirements. In
shoreline areas that are not also critical areas, a qualified professional may
include a professional landscape ecologist or restoration biologist with
professional training and experience related to shoreline ecology. The
shoreline vegetation management plan shall include:
a. Plant list and planting scheme, including a mixture of native trees,
shrubs and groundcovers designed to improve shoreline ecological
functions;
b. Performance standards for evaluating the success of the mitigation
or restoration project;
c. Appropriate limitations on the use of fertilizer, herbicides and
pesticides as needed to protect water quality; and
d. A monitoring, reporting and maintenance program with conditions for
replacement of plants that fail to survive.
This plan shall be recorded with the Clallam County Assessor's office as a
covenant against the real property or other protective assurance as
authorized by the Shoreline Administrator.
13. Water Quality and Quantity
a. Applicability
The following section applies to all development and uses in shoreline
jurisdiction.
As used in this SMP, "water quality" means the physical characteristics of
water within shoreline jurisdiction, including water quantity and hydrological,
physical, chemical, aesthetic, recreation-related, and biological conditions.
Where used in this SMP, provisions relating to water quantity refer to
development and uses regulated under the SMP that affect or have the
potential to affect water quantity, such as impermeable surfaces and
stormwater handling practices.
b. Policies
1. In conjunction with applicable agencies, the City will continue to take action to
improve water quality in the Port Angeles Harbor by:
a. Improving treatment of sewer overflows and faulty septic systems.
b. Aggressively pursuing storm water quality measures, both within
and outside shoreline jurisdiction.
c. Other actions recommended in the Restoration Plan developed in
conjunction with this SMP.
2. All shoreline uses and development should be located, designed,
Chapter 3—General Policies and Regulations Page 67
constructed, and maintained to avoid significant ecological impacts that alter
water quality, quantity, or hydrology.
3. The City should require appropriate setbacks, buffers, stormwater
management facilities and encourage low-impact development techniques
and materials to achieve the objective of avoiding negative impacts to water
quality.
4. 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.
c. Regulations
1. All shoreline uses and development, both during and after construction, shall
avoid or minimize adverse water quality impacts.
2. All shoreline uses and development shall conform to local, state, and federal
water quality regulations, provided the regulations do not conflict with this
SMP. Should a conflict occur, the provision most protective of the resource
shall apply.
3. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a
temporary or permanent basis, shall not occur in shoreline jurisdiction without
adequate secondary containment and an emergency spill response plan in
place.
4. All shoreline use and development activities approved under this SMP shall
be designed and maintained consistent with the City's Storm Water
Management Plan and Engineering Design Standards.
Chapter 3—General Policies and Regulations Page 68
CHAPTER 4
Shoreline Modification Provisions
A. Introduction and Applicability
This chapter provides policies and regulations for shoreline modifications, including
shoreline stabilization measures, docks and floats. The first section, General Policies and
Regulations, applies to all shoreline modification activities. The general policies and
regulations section is followed by policies and regulations tailored to specific shoreline
modification activities. If a shoreline development entails more than one type of shoreline
modification, then all of the provisions pertaining to each type of modification apply.
Shoreline modifications are generally related to construction of a physical element such as
a dike, breakwater, dredged basin, or fill, but they can include other actions such as
clearing, grading, application of chemicals, or significant vegetation removal. Shoreline
modifications usually are undertaken in support of or in preparation for a shoreline use; for
example, fill (shoreline modification) required for a cargo terminal (industrial use) or
dredging (shoreline modification) to allow for a marina (shoreline use) (WAC 173-26-
231(1)).
"Shoreline Stabilization" is a class of shoreline modifications intended to address erosion
impacts to property and structures. Shoreline stabilization measures can include
structural measures such as sea walls, bulkheads, revetments, and breakwaters and can
also include non-structural measures such as setbacks and groundwater management.
Shoreline stabilization measures are addressed in section B(2) of this chapter.
Some shoreline modifications may be exempt from the requirement to obtain a shoreline
substantial development permit (SSDP). Even though a shoreline modification may be
exempt from requiring a shoreline substantial development permit, it must still conform to
the regulations and standards in this SMP and may require a Shoreline Conditional Use
permit. The City requires that a property owner contemplating a shoreline modification
contact the City's Shoreline Administrator to determine whether the activity requires a
permit or is exempt. No shoreline modification shall be undertaken without either a
shoreline permit or a letter of exemption.
Shoreline modifications may also be exempt from the requirement to obtain an SSDP
when undertaken in emergency situations to protect property from damage by the
elements. WAC 173-27-040(2)(d) defines an "emergency" as an unanticipated and
imminent threat to public health, safety or the environment which requires immediate
action within a time frame too short to allow full compliance with chapter 173-27 WAC" (in
other words, the time to obtain a shoreline permit or statement of exemption).
Emergency construction does not include development of new permanent protective
structures where none previously existed. Where new protective structures are deemed
by the administrator to be the appropriate means to address the emergency situation,
upon abatement of the emergency situation the new structure shall be removed, or any
permit which would have been required, absent an emergency, pursuant to chapter 90.58
Chapter 4—Shoreline Modification Provisions Page 69
RCW, WAC 173-27, or this Master Program shall be obtained. All emergency
construction shall be consistent with the policies of chapter 90.58 RCW and this master
program. As a general matter, flooding or other seasonal events that can be anticipated
and may occur but that are not imminent are not an emergency (WAC 173- 27-040(2)(d)).
The Shoreline Modification Matrix (Table 2) indicates which shoreline modifications may
be permitted in each shoreline environment designation.
B. Policies and Regulations
1 . General Policies and Regulations
a. Applicability
The following provisions apply to all shoreline modification activities whether
such proposals address a single property or multiple properties.
b. Policies
1. Structural shoreline modifications should be allowed only where they
are demonstrated to be necessary:
a. To support or protect an allowed primary structure or a legally
existing shoreline use that is in danger of loss or substantial
damage, or;
b. For reconfiguration of the shoreline for mitigation or enhancement
purposes.
2. The adverse effects of shoreline modifications should be reduced, to
the greatest extent possible, and shoreline modifications should be
limited in number and extent.
3. The City should take steps to assure that shoreline modifications
individually and cumulatively do not result in a net loss of ecological
functions. This is to be achieved by:
a. Preventing unnecessary shoreline modifications;
b. Giving preference to those types of shoreline modifications that
have a lesser impact on ecological functions; and
c. Requiring mitigation of identified impacts resulting from shoreline
modifications.
4. The City should consider shoreline modification proposals based on
the best available scientific and technical information and a
comprehensive analysis of site-specific conditions provided by the
applicant, as stated in WAC 173-26-231(2)(e).
5. Where ecological functions have been impaired, the City should plan
for the enhancement of the impaired functions where feasible and
appropriate while accommodating permitted uses (WAC 173-26-
231(2)(f)). As shoreline modifications occur, the City will incorporate all
Chapter 4—Shoreline Modification Provisions Page 70
feasible measures to protect shoreline ecological functions and
ecosystem-wide processes.
6. In reviewing shoreline permit applications, the City should require steps
to reduce significant ecological impacts by following the mitigation
sequence in Chapter 3, Section 1.
7. Regulations for shoreline modifications should restrict shoreline
armoring or other modification on shorelines which exist in their natural
state.
c. Regulations
1. All new shoreline uses and development shall be located and designed
to avoid the need for shoreline modifications, both at initiation and
during the life of the use or development.
2. All shoreline modifications must be in support of a permitted shoreline
use or to provide for human health and safety.
3. Structural shoreline modifications may be permitted only if
nonstructural measures are unable to achieve the same purpose or are
not feasible.
4. Proponents of shoreline modification projects shall obtain all applicable
federal and state permits prior to the start of construction and shall
meet all permit requirements.
5. Shoreline modification materials shall be only those approved by the
City and applicable state and federal agencies. No toxic (e.g.:
creosote) or quickly degradable materials (e.g., plastic or fiberglass
that deteriorates under ultraviolet exposure) shall be used.
6. Shoreline modifications shall not cause significant adverse impacts to
active sediment drift cells or natural geomorphic and hydrologic
processes. New uses and development shall not be established where
such will require future shoreline modifications.
7. Proposals for shoreline modification shall demonstrate compliance with
the mitigation sequence in chapter 3, section 1 of this SMP, and with
applicable critical areas and vegetation conservation area provisions in
chapter 3.
Permitting Requirements
8. In addition to the application information required by chapter 7, the City
shall require and consider the following information when reviewing
shoreline modification proposals:
a. Construction materials and methods.
b. Project location relative to the top and toe of bluffs or steep slopes,
if applicable (note that this is especially important for residential
properties situated near steep bluffs or other geologically
hazardous areas).
Chapter 4—Shoreline Modification Provisions Page 71
c. For marine waters, the ordinary high water mark, mean higher
high, and extreme high water levels (highest recorded level or the
100-year flood elevation).
d. Net direction of littoral drift changes and tidal currents (if any).
e. General direction and speed of prevailing winds (if applicable).
f. Profile rendition of beach and uplands.
g. Beach slope and material.
h. Uplands slope and material.
i. Soil types (Soil Conservation Service).
j. Physical or geologic stability of uplands.
k. Potential impact to natural shoreline processes, adjacent
properties, and upland stability.
2. Shoreline Stabilization
a. Applicability
Shoreline stabilization includes actions taken to address the impacts of erosion
to property, dwellings, businesses, or essential structures caused by natural
processes such as current, flood, tides, wind, or wave action. Shoreline
stabilization actions include structural and nonstructural methods.
• Structural measures include constructed elements and systems such
as bulkheads, revetments, seawalls (hard measures), and
bioengineering measures (soft measures).
• Nonstructural methods include appropriate building setbacks,
relocation of the structure to be protected, and the use of planning,
management, and regulatory measures intended to control erosion,
stormwater and ground water impacts.
The provisions of this section apply to new shoreline stabilization measures
as well as to existing measures for which repair or replacement are
proposed. Normal maintenance and normal repair may be authorized as a
shoreline exemption, in accordance with WAC 173-27-040(2)(b).
Shoreline stabilization can include:
1. Bulkheads and vertical seawalls.
2. Revetments, breakwaters, rock weirs, and groins made of large
boulders (rip- rap).
3. Revetments, breakwaters, rock weirs, and groins in which the rock
structures have been enhanced with special sediment, large wood or
other means to increase desirable ecological functions.
4. Placement of large woody debris or other natural materials.
5. Beach enhancement.
6. Bioengineering and other measures employing native vegetation.
Chapter 4—Shoreline Modification Provisions Page 72
b. Policies
1. Non-structural stabilization measures are preferred over structural
measures. Structural shoreline stabilization measures with less adverse
impact on natural functions, such as bioengineering, are strongly
preferred over hard structural shoreline stabilization measures, such as
seawalls and bulkheads. Proposals for structural solutions should be
allowed only when it is demonstrated that nonstructural methods are not
feasible.
2. New non-water-oriented development requiring bulkheads and/or similar
protection should not be allowed. Shoreline uses should be located in a
manner so that bulkheads and other structural stabilization measures are
not likely to become necessary in the future.
3. The city should give preference to shoreline stabilization measures
having the least impact on ecological functions and should require
mitigation for of identified any adverse impacts to ecological functions.
c. Regulations
1. All proposals for new or replacement shoreline stabilization measures
shall include a geotechnical report. The geotechnical report shall address
the need to prevent potential damage to an existing primary structure or
legally existing use and shall address the necessity for shoreline
stabilization by estimating time frames and rates of erosion, and report on
the urgency associated with the specific situation.
2. New development shall, to the extent feasible, be located and designed to
eliminate the need for concurrent or future shoreline stabilization.
3. Structural shoreline stabilization for new non-water-dependent
development, including single-family residences, shall be allowed only
when all of the conditions below are met:
a. The need to protect the development from damage due to erosion
caused by natural processes, such as tidal action, currents and
waves, is demonstrated through a geotechnical report;
b. The erosion is not being caused by upland conditions, such as loss
of vegetation and drainage;
c. Nonstructural measures, such as placing the development further
from the shoreline, planting vegetation, including low impact
development measures, or installing on-site drainage improvements,
are not feasible or not sufficient; and
d. The development and shoreline stabilization measures will not
result in a net loss of shoreline ecological functions.
4. Structural shoreline stabilization for water-dependent development shall
meet all of the conditions in regulation 3 above, except that erosion
does not have be caused by natural processes such as tidal action,
currents and waves.
Chapter 4—Shoreline Modification Provisions Page 73
5. New development on steep slopes or bluffs shall be set back
sufficiently to ensure that shoreline stabilization will not be needed
during the life of the structure, as demonstrated by a geotechnical
analysis completed by a licensed geotechnical engineer in good
standing in the State of Washington. Setbacks shall not be less than
those required in Chapter 2 without a variance (see exceptions in
chapter 3, section 12).
6. New structural shoreline stabilization to protect an existing primary
structure or legally existing shoreline use, including residences, shall
not be allowed unless there is conclusive evidence, documented by a
geotechnical analysis, that the structure or use is in danger from
shoreline erosion caused by tidal action, currents, or waves. Normal
sloughing, erosion of steep bluffs, or shoreline erosion itself, without a
geotechnical analysis, is not demonstration of need. The geotechnical
analysis shall evaluate on-site drainage issues and address drainage
problems away from the shoreline edge before considering structural
shoreline stabilization. Such structural shoreline stabilization measures
shall not result in a net loss of shoreline ecological function.
7. New structural shoreline stabilization measures to protect restoration or
hazardous substance remediation projects may be authorized when
non-structural methods, such as planting vegetation or installing onsite
drainage improvements, are not feasible or not sufficient. Such
stabilization structures shall not result in a net loss of shoreline
ecological functions.
8. An existing shoreline stabilization structure may be replaced with a
similar structure if there is a demonstrated need to protect existing
primary structures or principle uses from erosion caused by currents,
tidal action, or waves. The replacement structure shall be designed,
located, sized and constructed to assure no net loss of shoreline
ecological functions. A geotechnical report shall be required to
demonstrate need, except that primary structures or principal uses
located within 20 feet of the OHWM do not require a geotechnical
report to demonstrate need.
9. Replacement stabilization structures or bulkheads shall not encroach
waterward of the OHWM or existing structure unless there are
overriding safety or environmental concerns. In such cases, the
replacement structure shall abut the existing stabilization structure.
10. New or replacement structural shoreline stabilization measures for
flood hazard reduction may be allowed when demonstrated by a
geotechnical analysis, that they are necessary to protect an existing
development, that non-structural methods are not feasible, and that
impacts to ecological functions and to priority species and habitats can
be mitigated so as to ensure no net loss.
11. For purposes of this section, "replacement" means the construction of a
new structure to perform a shoreline stabilization function of an existing
Chapter 4—Shoreline Modification Provisions Page 74
structure which can no longer adequately serve its purpose. Additions
to or increases in size of existing shoreline stabilization measures shall
be considered new structures.
12. Hard structural shoreline stabilization shall not be authorized except
when the geotechnical report confirms that there is a significant
possibility that the primary structure or principal use will be damaged
within three years as a result of shoreline erosion in the absence of
such hard armoring, or when waiting until the need is immediate, would
foreclose the opportunity to use measures that avoid impacts on
ecological functions. Where the geotechnical report confirms a need to
prevent potential damage but the need is not as immediate as three
years, that report may still be used to justify more immediate
authorization to protect against erosion using soft measures.
13. Where structural shoreline stabilization measures are demonstrated to
be necessary, as described above, the size of such stabilization
measures shall be limited to the minimum necessary. Structural
shoreline stabilization measures shall be the type (e.g. revetment or
bulkhead) least harmful to ecological functions while still adequately
protecting against undesirable erosion. The City's Shoreline
Administrator may require that the proposed structure be altered in size
or design or its impacts are otherwise mitigated. Impacts to sediment
transport shall be avoided or minimized.
14. Soft shoreline stabilization measures that restore ecological functions
(such as, in some instances, beach enhancement, placement of
large wood, and vegetation enhancement) may be permitted
waterward of the OHWM.
15. Following completion of any shoreline stabilization activity, all
disturbed shoreline areas shall be restored to pre-project conditions
to the greatest extent feasible.
Design of Shoreline Stabilization
16. Shoreline stabilization measures shall be located, designed and
constructed in compliance with the mitigation sequence and
vegetation conservation provisions in chapter 3 of this SMP.
17. Shoreline stabilization shall be designed and developed to conform to
all other applicable City, state and federal agency policies and
regulations, including the Washington State Department of Fish and
Wildlife criteria governing the design of bulkheads.
18. Because they are inherently unstable in the marine environment, gabions
(wire mesh filled with concrete or rocks) are prohibited.
19. Materials:
a. Hard shoreline stabilization structures are not the preferred method
of shoreline stabilization. Where structural shoreline measures are
allowed according to the regulations above, the following are
Chapter 4—Shoreline Modification Provisions Page 75
examples of acceptable materials for shoreline stabilization
structures, listed in order of preference from top to bottom:
i. Naturally occurring materials such as logs with root wads;
ii. Large stones, ideally with vegetation or habitat enhancement
in the gaps between the stones;
iii. Milled timbers. Note the prohibition against toxic wood treatments;
iv. Mixtures of rock and wood;
v. Cast-in-place reinforced concrete and approved sheet piles.
b. The following materials are not allowed for shoreline
stabilization structures:
i. Degradable plastics and other nonpermanent synthetic materials.
ii. Sheet materials, including metal, plywood, fiberglass, or plastic
excluding (sheet piling approved by the Shoreline Administrator).
iii. Broken concrete, asphalt, or rubble.
iv. Car bodies, tires or discarded equipment.
c. Materials and construction methods shall employ best management
practices established to mimic or maintain natural sediment
transport and accretion patterns.
Bulkheads
20. Stairs may be built as integral elements to a bulkhead but shall not
extend waterward of the bulkhead.
21. Bulkheads shall be designed to permit the passage of surface or ground
water without causing ponding or over-saturation of retained
soil/materials of lands above the OHWM.
22. Adequate toe protection and proper footings shall be provided to
ensure bulkhead stability without relying on additional riprap.
23. Backfill behind bulkheads shall be limited to an average of 1 cubic yard
per running foot of bulkhead. Any backfill in excess of this amount shall
be considered fill and shall be subject to the provisions of section 4 in
this chapter.
24. Bulkheads are prohibited when their primary purpose is to:
a. Retain or create dry land (unless this land is fill that has been
specifically authorized by permit in accordance with section 4
of this chapter).
b. Protect a platted lot where no structure presently exists.
25. Bulkheads are permitted only where local physical conditions, such
as foundation bearing material and surface and subsurface
drainage, are suitable.
Breakwaters, Rock Weirs, Jetties, and Groins
26. Authorization for breakwaters, jetties, groins and weirs that substantially
alter, reduce, or block littoral drift and/or cause new erosion of downdrift
Chapter 4—Shoreline Modification Provisions Page 76
shorelines shall include conditions requiring establishment and
maintenance of adequate long-term beach replenishment programs to
ensure no net loss.
27. Breakwaters,jetties, rock weirs, and groins shall be allowed for the
following purposes only:
a. Legal navigation.
b. Water dependent industrial activities: as an integral component of a
harbor, marina, or port.
c. Ecological restoration.
d. Public access.
28. Open-pile or floating breakwaters shall be preferred over solid fixed
breakwaters. Fixed breakwaters that obstruct movement in the full water
column are not allowed unless it can be demonstrated they will have no
adverse impacts to shoreline processes or that such adverse impacts can
be adequately mitigated.
29. Groin construction across tidal areas to provide access to deep
water is prohibited.
30. New breakwaters,jetties, rock weirs, and groins shall provide shoreline
public access (visual or physical) whenever feasible.
31. Materials used for the construction of breakwaters, jetties, rock weirs,
and groins shall be durable, low-maintenance, and compatible with
existing shoreline features, processes, and aesthetics.
Revetments
32. New revetments shall be constructed and maintained so as not to
reduce water quality or adversely impact fisheries or aquatic habitats.
33. New revetments shall be designed to accommodate public access to
publicly owned shorelines whenever possible.
34. Riprap revetments shall:
a. Consist of quarried rock, free of loose dirt and pollutants, and of
sufficient size and weight to prevent movement by wave or
current action.
b. Use downed logs, snags, or rockwork to enhance habitat and to
provide a more natural appearance to the shoreline, when
feasible.
c. Include measures to ensure sediment transport along the revetment
where determined to be feasible and beneficial.
d. Where on-site environmental conditions allow, integrate
vegetation into the riprap design to reduce erosion; provide
cover, shade, and habitat; and improve the natural appearance
of the shoreline.
Chapter 4—Shoreline Modification Provisions Page 77
35. Revetment shall be sited and designed in accordance with appropriate
engineering principles, including guidelines from the U.S. Soil
Conservation Service and the U.S. Army Corps of Engineers.
Bioengineering
36. Bioengineering projects shall use native trees, shrubs, grasses and/or
ground cover, unless such an approach is not feasible. Non-native plants
are allowed when native plants are not feasible, but in no case are noxious
weeds or invasive plants allowed.
37. All bioengineering projects shall include a program for monitoring and
maintenance, to ensure the long-term viability and function of such projects.
Such projects shall be designed, installed and maintained to be self
sustaining and viable within three years.
38. The City may require and utilize the following information, in addition to
the standard permit information required in chapter 7, in its review of all
bioengineering projects:
a. Proposed construction timing and phasing.
b. Hydrologic analysis, including predicted flood flows.
c. Site vegetation, soil types, and slope stability analysis.
d. Proposed project materials, including rock size, shape, and quantity;
plant types and quantities, and soil preparations.
e. Existing and proposed slope profiles, including location of ordinary
high water mark.
f. Proposed design for transition areas between the project site and
adjacent properties.
g. Documentation, including photos, of existing (pre-construction)
shoreline characteristics.
3. Overwater Structures
a. Applicability
Overwater structures for moorage, navigation, public access, and other water-
dependent uses or development, including but not limited to docks, piers,
wharves, swimming/diving platforms, public access ways, fishing piers and
viewpoints, shall be subject to the following policies and regulations.
b. Policies
1. New overwater structures should be permitted only when the
applicant/proponent has demonstrated that a specific need exists to
support the intended water-dependent or public access use.
2. Overwater structures should be sited and designed to avoid adversely
impacting shoreline ecological functions or processes, and should
mitigate for any unavoidable impacts to ecological functions.
Chapter 4—Shoreline Modification Provisions Page 78
3. Overwater structures should be spaced and oriented in a manner that
minimizes hazards and obstructions to public navigation and corollary
rights thereto such as, but not limited to, fishing, swimming and pleasure
boating.
4. Overwater structures should be restricted to the minimum size
necessary to meet the needs of the proposed use. The length, width
and height of overwater structures regulated by this section should be
no greater than that required for safety and practicality for the primary
use.
5. Overwater structures should be constructed of materials that will not
adversely affect water quality or aquatic plants and animals.
6. Overwater structures should allow for maximum littoral drift and
should minimize interference with basic hydrological and geological-
hydraulic processes.
7. Recreational piers are encouraged to provide for public docking,
launching, and recreational access.
8. Moorage serving upland single-family residences should not be allowed.
9. Multiple uses of overwater structures should be encouraged.
c. Regulations
General Regulations for Private and Public Over-water Structures
1. See section 4 in chapter 3 for restrictions on overwater structures in
critical saltwater habitat areas. Chapter 2 also contains restrictions on
overwater structures in specific shoreline segments.
2. New and expanded overwater structures shall only be allowed in support
of an allowed water-dependent use, public access use, or ecological
restoration. New and expanded overwater structures must comply with all
other applicable regulations as stipulated by State and Federal agencies.
New piers or docks shall only be permitted when the applicant has
demonstrated that a specific need exists.
3. All moorage and other overwater structures shall be designed and located
in a manner that avoids or minimizes:
a. Hazards and obstructions to navigation, fishing, swimming, and
pleasure boating;
b. Shading of beach substrates; and
c. Impediments to longshore sediment transport and/or movement of
aquatic species.
4. All floats, ells, fingers and similar structures shall be at least 30 feet
waterward of the OHWM. To prevent prop scour, mooring areas at docks,
marinas, shipyards, and similar facilities must be located where there is at
least 7'water depth at extreme low tide or where it can be shown that
Chapter 4—Shoreline Modification Provisions Page 79
prop scour will not adversely impact aquatic vegetation or increase
suspended sediments.
5. The length, width and height of overwater structures shall be no greater
than that required for the safety and practicality of the proposed use. The
length of mooring and similar facilities shall be no longer than that
required for the draft of the largest vessel expected to moor at the facility.
The shoreline administrator shall generally defer to the dimensional
requirements imposed by project-specific permit conditions by the Corps
of Engineers and Washington Department of Fish and Wildlife for new
docks, piers and floats, provided the applicant provides justification that
such requirements are the minimum necessary.
6. No skirting is permitted on any overwater structure except to contain or
protect floatation material. This regulation is to prevent adverse impacts
to fish migration and natural water currents.
7. Overwater structures shall float at all times on the surface of the water or
shall be of fixed-pile construction. Overwater structures shall at no time
rest on the submerged land substrate.
8. All overwater structures shall be constructed and maintained in a safe and
sound condition.
9. Lighting associated with overwater structures shall minimize light spillage
on adjacent properties or water bodies.
10. Piles, floats and other overwater structures that are in direct contact with
water or over water shall be constructed of materials that will not
adversely affect water quality or aquatic plants and animals. Materials for
any portion of the structure that comes into or may come into contact with
the water shall be approved by the Washington State Departments of Fish
and Wildlife and Ecology for use in the water.
a. Use of wood members treated with toxic materials is not allowed in
any new or reconditioned overwater structures.
b. Tires are prohibited as part of overwater structures.
c. All foam material must be completely encapsulated.
11. To minimize adverse affects on nearshore habitats and species caused
by overwater structures that reduce ambient light levels, the following
shall apply:
a. The width of overwater structures shall be the minimum
necessary. For docks, piers, and floats, this means the minimum
necessary to afford safe passage. Materials that allow light to
pass through the deck are required where the width exceeds four
feet;
b. Grating to allow light passage or reflective panels to increase light
refraction shall be used on walkways or gangways in nearshore
areas; and
Chapter 4—Shoreline Modification Provisions Page 80
C. Piers and other above water structures shall be placed as high as
feasible and within the height limits established in this SMP to
increase light transmission.
12. Temporary moorages shall be permitted for vessels used in the
construction of shoreline facilities. Temporary moorage shall be designed
and constructed such that upon termination of the project, the aquatic
habitat in the affected area will return to its original (pre-construction)
condition within one (1) year at no cost to the environment or the public.
13. See covered moorage provisions in Chapter 5 Section B.3: Boating
Facilities.
14. If an overwater structure is provided with a safety railing, such railing shall
not exceed 36 inches in height and shall be an open framework that does
not unreasonably interfere with shoreline views of adjoining properties.
15. Overwater structures shall be marked with reflectors, or otherwise
identified to prevent unnecessarily hazardous conditions for water surface
users during the day or night. Exterior finishes of structures themselves
shall be generally non-reflective.
16. New piers or docks serving upland single-family residential uses are
prohibited.
Mooring Buoys and Piles
17. Mooring buoys and mooring piles are permitted only where there is no
conflict with navigation or significant ecological impact to submerged
lands and habitats. Mooring buoys and mooring piles serving a private
residential property are prohibited. Mooring buoys and mooring piles for
which there is no demonstrated commercial or navigational need are
prohibited.
18. Installation of new mooring buoys or relocation of existing buoys shall not
impede navigation.
19. The use of buoys for moorage of vessels shall be preferred over piling or
float structures.
20. Mooring buoys shall be located in a manner that minimizes impacts to
eelgrass, critical saltwater habitats, and other ecologically important
areas.
21. All new mooring buoy and pile installations must comply with all
applicable guidelines of the Washington State Department of Fish and
Wildlife.
22. Mooring buoys in the Aquatic Harbor environment designation are limited to
four buoys per acre (consistent with the US Army Corps' limitation under the
Endangered Species Act).
Chapter 4—Shoreline Modification Provisions Page 81
Special Facilities on Overwater Structures
23. Facilities and procedures for receiving, storing, dispensing, and disposing
of oil and other toxic products shall be designed to ensure that such oil and
other toxic products are not introduced into the water body.
24. Bulk storage of petroleum products for any use or purpose is prohibited
on piers, wharves, and docks. Bulk storage means non-portable storage
in fixed tanks.
25. Storage for boat fueling facilities shall be located landward of the OHWM
and meet the applicable policies and regulations for utilities (accessory
and primary) and commercial and industrial development.
26. Spill cleanup facilities shall be available for prompt response and
application at all piers, wharves, and docks involved in oil and hazardous
products transfer.
4. Fill
a. Applicability
Fill is the addition of soil, sand, rock, gravel, sediment, earth retaining
structures, or other material to an area waterward of the OHWM, in wetlands,
or on shorelands in a manner that raises the elevation or creates dry land.
Fill in upland areas is differentiated from landfill. A landfill is the disposal of
solid waste materials by burying, and may also be known as a sanitary
landfill. Landfill is prohibited in the shoreline jurisdiction.
Any fill activity conducted within shoreline jurisdiction must comply with
the following provisions.
b. Policies
1. Fill waterward of OHWM should be allowed only when necessary to
support allowed water-dependent or public access uses, cleanup and
disposal or capping of contaminated sediments, ecological restoration,
and other water- dependent uses that are consistent with this SMP.
2. Shoreline fill should be designed and located so there will be no
significant adverse ecological impacts and no alteration of local currents,
surface water drainage, channel migration, or flood waters which would
result in a hazard to adjacent property or natural resources. Fill is only
appropriate for use in altering currents, drainage, channel migration, etc.
when it is done as part of an approved ecological restoration plan or
project.
3. The perimeter of fill areas should be designed to avoid or eliminate
erosion and sedimentation impacts, both during initial fill activities and
over time. Natural-appearing and self-sustaining control methods are
preferred over structural methods.
Chapter 4—Shoreline Modification Provisions Page 82
4. Environmental cleanup actions involving excavation/fill, as authorized by
Washington Department of Ecology, may be permitted.
c. Regulations
1. Fill waterward of OHWM requires a Conditional Use Permit and may be
permitted only when:
a. In conjunction with a water-dependent or public access use
permitted by this SMP; or
b. In conjunction with a levee, bridge, or navigational structure for
which there is a demonstrated public need and where no feasible
upland sites, design solutions, or routes exist; or
c. As part of an approved shoreline restoration project. Fill
waterward of the ordinary high water mark that is for the purpose
of restoring ecological functions and habitat or as part of an
approved environmental cleanup action is a permitted use and
does not require a conditional use permit unless the proposed fill
material includes dredge spoils.
2. Overwater structures shall be supported by piles or piers rather than fill
material whenever feasible.
3. In addition to the requirements in chapter 7, applications for fill permits
shall include the following:
a. Proposed use of the fill area.
b. Physical, chemical, and biological characteristics of the fill material.
c. Source of fill material.
d. Method of placement and compaction.
e. Location of fill relative to natural and/or existing drainage patterns and
wetlands.
f. Location of the fill perimeter relative to the OHWM.
g. Means of perimeter erosion control or stabilization.
h. Type of surfacing and runoff control devices.
4. Fill shall be permitted only where it is demonstrated that the proposed
action will not:
a. Result in significant ecological damage to water quality, fish,
wildlife, fish and/or wildlife habitat, and critical saltwater habitats.
b. Adversely alter natural drainage and circulation patterns, currents,
or significantly reduce flood water capacities.
c. Alter channel migration, geomorphic, or hydrologic
processes.
5. Sanitary landfills shall not be located in any shoreline jurisdiction.
Chapter 4—Shoreline Modification Provisions Page 83
5. Dredging and Disposal
a. Applicability
Dredging is the removal or displacement of earth or sediment (gravel, sand,
mud, silt and/or other material or debris) from a stream, river, lake, marine
water body, or associated wetland. Activities which may require dredging
include the construction and maintenance of navigation channels, levee
construction, recreation facilities, boat access, and ecological restoration.
Dredged material disposal is the depositing of dredged materials on land or
into water bodies for the purpose of either creating new or additional lands
for other uses or disposing of dredge spoils (the by-products of dredging).
b. Exemptions
Pursuant to WAC 173-27-040(2)(b), maintenance dredging may be
exempt from the requirement for a shoreline substantial development
permit.
c. Policies
1. Dredging operations should be planned and conducted to avoid and
minimize interference with ecological processes and functions, navigation,
and adverse impacts to other shoreline uses, properties, and values.
2. New uses and development should be located, planned and designed to
avoid the need for dredging.
3. When allowed, dredging and dredged material disposal should be limited
to the minimum amount necessary. Maintenance dredging of established
navigation channels should be limited to maintaining previously
authorized locations, depth and width.
4. Disposal of dredged material within a littoral drift zone should not be
permitted unless it is associated with restoration of natural processes and
functions or habitat enhancement.
5. Dredged material disposal in water bodies should be discouraged, except
for habitat improvement or where depositing dredged material on land
would be more detrimental to shoreline resources than deposition in water
areas.
6. When dredged material has suitable organic and physical properties,
dredging operations should be encouraged to recycle dredged material for
beneficial use in beach enhancement, habitat creation, aggregate, or
clean cover material at a landfill (where appropriate).
7. Dredging waterward of the OHWM for the primary purpose of obtaining fill
should not be allowed.
8. Dredging for the purpose of establishing, expanding, or relocating or
reconfiguring navigation channels should be allowed when necessary for
assuring safe and efficient accommodation of existing navigational uses
Chapter 4—Shoreline Modification Provisions Page 84
and only when significant ecological impacts are minimized and when
mitigation is provided.
d. Regulations
1. New uses and development shall be located and designed to avoid or
minimize the need for new or maintenance dredging, where feasible.
2. Maintenance dredging of established navigation channels, public access
facilities, and basins is allowed to maintain previously dredged areas and
existing authorized locations. The dredging shall be restricted to
previously authorized locations, depths, and widths.
3. Dredging waterward of the OHWM for the primary purpose of obtaining
material for fill is prohibited, except when the material is necessary for the
restoration of ecological functions. When allowed, the site where the fill is
to be placed must be located waterward of the OHWM. The project must
be associated with a Model Toxics Control Act (MCTA) or Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA)
habitat restoration project or other significant habitat enhancement
project. The placement of dredge spoils waterward of the OHWM or in
wetlands for such purposes shall require a Conditional Use Permit.
4. Sites approved through the Puget Sound Dredged Disposal Analysis
(PSDDA) Management Plan do not require a conditional use permit when
the material has been determined to be "suitable" for open water disposal
after testing using PSDDA criteria and procedures.
5. Dredging and dredged material disposal shall be permitted only where it is
demonstrated that the proposed actions will not:
a. Result in significant or ongoing damage to water quality or
aquatic and upland habitat;
b. Adversely alter natural drainage and circulation patterns, currents,
river flows, channel migration processes or significantly reduce flood
water capacities; or
c. Cause other significant ecological impacts.
6. Proposals for dredging and dredged material disposal shall be the
minimum necessary to accommodate the proposed use, and shall include
all feasible mitigating measures to protect marine habitats and to minimize
adverse impacts such as turbidity, release of nutrients, heavy metals,
sulfides, organic material or toxic substances, dissolved oxygen depletion,
disruption of food chains, loss of benthic productivity and disturbance of
fish migration and important localized biological communities.
7. Dredging and dredged material disposal shall be carefully scheduled to
protect biological productivity (e.g. fish migration, spawning, benthic
productivity, etc.) and to minimize interference with fishing activities.
8. Dredging and dredged material disposal shall be prohibited on or in
archaeological sites that are listed on the Washington State Register of
Historic Places.
Chapter 4—Shoreline Modification Provisions Page 85
9. Dredging shall be permitted only:
a. For navigation or navigational access and recreational access;
b. Where necessary to support a water-dependent use;
c. As part of an approved restoration project;
d. To improve water quality or remove contaminated sediments;
e. In conjunction with a bridge, navigational structure or wastewater
treatment facility for which there is a documented public need and
where other feasible sites or routes do not exist; or
f. To maintain existing docks, wharves, water intakes, and culverts,
bridges, wastewater treatment facilities, outfalls.
10. New dredging activity is prohibited in critical saltwater habitats, unless all
of the provisions in chapter 3, section 4 are met.
11. In addition to the requirements in chapter 7, applications for shoreline
dredging and dredged material disposal shall include all applicable
information as required by State and Federal permitting agencies.
12. Dredge spoil disposal waterward of the OHWM shall utilize techniques
which limit the dispersal and broadcast of materials unless specifically
designed and approved as a dispersal site.
13. When used for beach enhancement, dredge spoil placement shall be
conducted so that:
a. The spoils do not smother marsh or other shallow productive areas,
and
b. The disposed spoils maintain a stable beach profile, to the extent
feasible. Spoils shall be graded at a uniform slope and contoured to
reduce cove and peninsula formation and to minimize stranding of
juvenile fish or other ecological impacts.
14. Dredged materials shall not be disposed of in locations that adversely
affect or diminish public access to shorelines and water bodies.
15. The City's Shoreline Administrator may impose reasonable limitations on
dredging operation periods and hours and may require buffers at land
disposal or transfer sites in order to protect the public safety and other
lawful interests from unnecessary adverse impacts.
6. Shoreline Restoration
a. Applicability
"Shoreline restoration" or"ecological restoration" is the significant re-
establishment or the improvement of shoreline ecological functions through
measures such as revegetation, removal of intrusive shoreline structures, and
removal or treatment of toxic sediments or substances. To restore does not
necessarily mean returning the shoreline area to aboriginal or pre-European
settlement condition. The materials used are dependent on the condition of
Chapter 4—Shoreline Modification Provisions Page 86
and intended use of the shoreline area. Along armored shorelines, activities
such as rip rap removal, slope cut-back, sediment amendment and placement
of materials like wood may be necessary for restoration.
The Shoreline Restoration Plan accompanying this SMP recommends
ecological restoration measures and identifies programmatic opportunities for
restoration. The Shoreline Restoration Plan is not intended to limit other
restoration projects. Individually, restoration projects proposed and conducted
specifically for the purpose of establishing, restoring or enhancing habitat for
priority species in shoreline jurisdiction are a preferred action.
b. Policies
1. The City should consider shoreline restoration as an alternative to
structural shoreline stabilization and protection measures where feasible.
2. All shoreline restoration projects should protect the integrity of adjacent
natural resources including aquatic habitats and water quality.
3. Where possible, shoreline restoration should use maintenance-free or
low- maintenance designs.
4. The City should pursue the recommendations in the Shoreline Restoration
Plan prepared as part of this SMP update. The City should give priority to
projects consistent with that plan and other adopted plans. Restoration
projects should pursue legitimate restoration needs and priorities.
c. Regulations
1. Shoreline restoration may be permitted if the project proponent
demonstrates that no significant adverse impacts to sediment transport
will result and that the restoration measure will not adversely affect
ecological processes, properties, or habitat.
2. Shoreline restoration projects shall use best available science and
management practices and shall comply with all federal and state
regulations and procedures.
3. Shoreline restoration shall not significantly interfere with the normal public
use of the navigable waters of the state without appropriate mitigation.
4. Shoreline restoration projects may be permitted in all shoreline
environments. The project does not need to be noted in the Shoreline
Restoration Plan but it must not be contrary to the principles and general
objectives of the plan.
5. Shoreline restoration projects conducted by a public entity shall include or
improve public access where feasible.
6. Shoreline restoration projects may include shoreline modification actions
such as vegetation removal, shoreline stabilization, dredging, or filling
provided the primary purpose of such actions is clearly restoration of the
natural character and ecological functions of the shoreline.
Chapter 4—Shoreline Modification Provisions Page 87
7. Dikes and Levees
a. Applicability
Dikes and levees are manmade earthen embankments created for the
purpose of flood control, water impoundment projects, or settling basins.
b. Policies
1. Structural flood hazard reduction measures should be avoided whenever
possible. When evaluating alternative flood control measures, the City
should consider the removal or relocation of structures in flood-prone
areas.
2. Dikes and levees should be constructed or reconstructed only as part of a
comprehensive flood hazard reduction program.
3. Environmental enhancement measures and, where feasible, public
access improvements should be a part of levee or dike proposals.
c. Regulations
1. Dikes and levees shall be designed, constructed, and maintained in
accordance with Washington State Department of Fish and Wildlife
Hydraulic Project Approval requirements, federal levee criteria, and in
consideration of other applicable resource agency recommendations.
2. Dikes and levees shall protect the natural processes and ecological
functions associated with marine shorelines, streams and deltas,
including, but not limited to, fish and wildlife habitat.
3. Dikes and levees shall be limited in size to the minimum height required to
protect adjacent lands from the projected flood stage.
4. Dikes and levees shall not be placed in the floodway, except for current
deflectors necessary for protection of bridges and roads.
5. Public access to shorelines shall be an integral component of all public
entity levee projects. Public access shall be provided in accordance with
the public access policies and regulations contained in chapter 3. New
dikes or levees must not impede or diminish public access.
6. Proper diversion of surface discharge shall be provided to maintain the
integrity of natural streams, wetlands, and drainages.
7. Structural flood hazard reduction measures shall only be authorized when
demonstrated by a geotechnical report that they are necessary to protect
existing development, that nonstructural means are not feasible, that
impacts on ecological functions and habitat for priority species can be
successfully mitigated so as to achieve no net loss.
8. Proposals for dikes and levees shall comply with the mitigation sequence
and vegetation conservation provisions in chapter 3 of this SMP.
Chapter 4—Shoreline Modification Provisions Page 88
9. Structural flood hazard reduction measures shall be consistent with an
adopted comprehensive flood hazard management plan or other
comprehensive effort that considers impacts to the watershed.
10. New structural flood hazard reduction measures shall be located landward
of associated wetlands and designated vegetation conservation areas,
where feasible.
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Chapter 4—Shoreline Modification Provisions Page 90
CHAPTER 5
Shoreline Use Provisions
A. Introduction
The provisions in this section apply to specific common uses and types of development to the
extent they occur within shoreline jurisdiction. The Shoreline Use Matrix in Chapter 2 Section C
indicates in which environment designations each shoreline use is allowed.
B. Shoreline Use Policies and Regulations
1 . General Policies and Regulations
a. Applicability
The following provisions apply to all developments and uses in the shoreline
jurisdiction.
b. Policies
1. The City should give preference to those uses that are consistent with the
control of pollution and prevention of damage to the natural environment, or
are unique to or dependent upon use of the state's shorelines.
In implementing this provision, preference should be given first to water-
dependent uses, then to water-related uses and water-enjoyment uses.
2. The City should ensure that all proposed shoreline uses and development will
not diminish the public's health, safety, and welfare, or adversely impact
ecological functions.
3. The City should endeavor to protect property rights while implementing the
policies of the Shoreline Management Act.
c. Regulations
1. All uses not explicitly covered in the SMP require a conditional use permit.
The City's Shoreline Administrator shall impose conditions on all shoreline
permits and exemptions as needed to ensure that the proposed use or
development meets the policies of this SMP.
2. Non-water oriented uses and development are generally not allowed in
shoreline jurisdiction. There are exemptions in specific shoreline
environment designations or situations (see chapter 2 and table 1).
Developments that include a mix of water-oriented and non-water-dependent
uses may be allowed provided the non-water-oriented uses functionally
Chapter 5—Shoreline Use Provisions Page 91
support, are subordinate to and compatible with the water-dependent uses
and otherwise comply with the provisions of this SMP.
a. In no case shall the non-water oriented use be located waterward of the
water dependent use.
b. Only water dependent portions of the use that require direct shoreline
access may be located within the setback or a required vegetation
conservation area.
c. Encroachments into a required VCA shall be mitigated in accordance with
chapter 3 section 12.
2. Aquaculture
a. Applicability
Aquaculture is the farming or culturing of fish, shellfish, or other aquatic plants and
animals. The culture of aquatic plants or animals in tanks on upland shoreline
areas is also considered to be an aquaculture use. Aquaculture does not include
the harvest of wild geoduck associated with the State-managed wildstock
geoduck fishery, or activities on private property for personal consumption.
Aquaculture activities include, but are not limited to, the hatching, cultivating,
planting, feeding, stocking, disease treatment, cleaning, waste disposal, storage,
staging, raising and harvesting of aquatic plants and animals, and the
maintenance and construction of associated equipment, buildings and growing
areas. Excluded from this definition are related industrial uses, such as final
processing, packing and freezing, and commercial uses such as wholesale and
retail sales. Cultivation methods include, but are not limited to, fish pens, shellfish
rafts, racks and long lines, seaweed floats and nets, and the culture of clams and
oysters on tidelands and subtidal areas.
b. Policies
1. Within the Port Angeles Harbor, the maintenance and improvement of water
quality and other ecological functions, navigation, public access, tribal fishing
activities and aesthetics are significant public objectives. These objectives
should take precedence in shoreline areas, when inconsistent with new or
expanded aquaculture activities.
Consideration should be given to both the possible positive impacts and the
possible adverse impacts that new and expanded aquaculture uses and
development may have on these public objectives.
2. Forms of aquaculture that involve minimal environmental and visual impacts
are preferred. Aquaculture uses and development that involve little or no
substrate modification are preferred over those that involve substantial
substrate modification.
3. Aquaculture uses and development that restore native shellfish species
should be encouraged.
Chapter 5—Shoreline Use Provisions Page 92
4. Public access to tidelands and public shellfish harvesting areas should not be
adversely impacted by new or expanded aquaculture activities. Aquaculture
should not be permitted where it would adversely impact eelgrass and
microalgae, or significantly conflict with navigation and other water dependent
uses.
5. In evaluating proposed aquaculture actions, the City should work with
Washington State Department of Natural Resources (DNR), Washington
State Department of Fish and Wildlife (DFW), area tribes, and aquaculture
interests to determine the suitability of proposed locations, aquaculture types
and design and implementation requirements for individual proposals.
6. Aquaculture projects should locate in areas where biophysical conditions,
such as tidal flow, currents, water temperature and depth, will avoid and
minimize adverse environmental impacts. Individual projects should be
separated by a distance sufficient to ensure that significant adverse
cumulative effects do not occur.
7. Chemicals and fertilizers used in aquaculture operations should only be those
specifically approved for aquatic use by the Washington State Department of
Ecology and used in accordance with state and federal laws and this SMP.
8. Some forms of aquaculture are dependent on the use of the water area;
when consistent with control of pollution and prevention of damage to the
environment, water-dependent aquaculture uses and development are a
preferred use of the water area.
c. Regulations
1. Applicants shall include in their shoreline permit applications all information
required by State and Federal permit applications for new and expanded
aquaculture uses and development. Additional studies or information may be
required by the City, which may include but is not limited to monitoring and
adaptive management plans and information on the presence of and potential
impacts to, including ecological and visual impacts, existing shoreline or
water conditions and/or uses, vegetation, and overwater structures. For
floating and above-water facilities, the City shall reserve the right to require a
visual impact analysis be conducted, using a method approved by the City.
Generally, the methods for identifying and analyzing potential visual and
cumulative impacts will follow the principles in the Aquaculture Siting Study,
Washington State Department of Ecology publication number 86-10-000
(October 1986).
2. The location of floating and submerged aquaculture structures shall not
significantly:
a. Restrict navigation to or along the shoreline;
b. Interfere with general navigation lanes and boating traffic; or
c. Interfere with Tribal "usual and accustomed" fishing locations.
Floating structures associated with aquaculture uses and development shall
remain shoreward of principal navigation channels.
Chapter 5—Shoreline Use Provisions Page 93
3. No aquatic organism shall be introduced into waters regulated by this SMP
without prior written approval of the Washington Department of Fish and
Wildlife or other appropriate regulatory agency. Such approval shall be
submitted in writing to the City prior to the granting of any shoreline permit.
4. Aquaculture structures and activities that are not water-dependent (e.g.,
warehouses for processing or storage of products and parking lots) shall not
be located in the Aquatic environment designations and shall be located,
designed and constructed to avoid and minimize adverse impacts to the
shoreline.
5. All structures and equipment associated with aquaculture activities shall be of
sound construction and shall be so maintained. Abandoned or unsafe
structures and equipment shall be removed or repaired by the owner. Where
any proposed structure has the potential to constitute a hazard to the public,
the City may require the posting of a bond commensurate with the cost of
removal or repair. Following notice to the owner, the City may abate an
existing abandoned or unsafe aquaculture structure if the owner fails to
respond in thirty days. The City may also impose a lien on the related
shoreline property or other assets in an amount equal to the cost of the
abatement. Bonding requirements shall not duplicate requirements of other
agencies.
6. Aquaculture wastes shall be disposed of in a manner that will ensure
compliance with all applicable governmental waste disposal standards. No
garbage, wastes or debris shall be allowed to accumulate at the site of any
aquaculture operation.
7. Aquaculture activities and facilities shall be located where they do not
adversely impact native eelgrass and microalgae species or other critical
saltwater habitats, priority species or species of concern, or habitat for such
species as outlined in chapter 3. Aquaculture uses and activities shall
observe all upland and aquatic buffers or setbacks required by applicable
State or Federal regulations. Larger buffers or other protections may be
required if supported by relevant resource agencies in coordination with the
Administrator. Aquaculture shall not be permitted in areas where it would
result in a net loss of shoreline ecological functions, or where adverse
impacts to critical saltwater habitats cannot be mitigated according to the
mitigation sequencing requirements of this Program (chapter 3, section 1).
8. Predator control shall not involve the intentional killing, injury or abusive
harassment of birds or mammals. Control methods shall comply with federal
and state regulations.
9. When a shoreline permit is issued for a new aquaculture use or development,
that permit shall apply to the initial siting, construction, ands planting or
stocking of the facility or farm. Authorization to conduct such activities shall
be valid for a period of five (5) years with a possible extension per chapter 7
of this Program. After the aquaculture use or development is established
under the shoreline permit, continued operation of the use or development,
including, but not limited to, maintenance, harvest, replanting, restocking or
Chapter 5—Shoreline Use Provisions Page 94
changing the culture technique or species cultivated shall not require a new,
renewed or revised permit unless otherwise provided in the conditions of
approval or this Program. Permit revisions shall proceed in accordance with
WAC 173-27-100. Changing of the species cultivated shall be subject to
applicable standards of this Program.
10. A new permit is required when:
a. The physical extent of the use or development or associated overwater
coverage is expanded by more than ten percent (10%) compared to the
conditions that existed as of the effective date of this SMP. If the amount
of expansion or change in overwater coverage exceeds ten percent
(10%), the revision or sum of the revision and any previously approved
revisions shall require the applicant apply for a new permit;
b. The use or development proposes to cultivate a species not previously
cultivated within Port Angeles'jurisdictional waters; or
c. New chemicals not previously approved as part of the existing permit are
proposed for use.
11. Floating/hanging aquaculture structures and associated equipment shall not
exceed six (6) feet in height above the water's surface. The six foot height
limit shall not apply to vessels or materials/apparatus removed from the site
on a daily basis.
12. Floating/hanging aquaculture facilities and associated equipment, except
navigation aids, shall use colors and materials that blend into the surrounding
environment in order to minimize visual impacts.
13. All floating and submerged aquaculture structures and facilities in navigable
waters shall be marked in accordance with U.S. Coast Guard requirements.
14. Aquaculture use and development that requires attaching structures to the
bed or bottomlands shall use anchors that minimize disturbance to substrate.
15. Aquaculture projects shall avoid use of chemicals, fertilizers and genetically
modified organisms except when allowed by state and federal law.
16. Aquaculture facilities are required to identify and use best management
practices to minimize impacts such as light and noise from the construction
and management of the facilities.
17. The rights of treaty tribes to aquatic resources within their usual and
accustomed areas shall be addressed through direct coordination between
the applicant/proponent and the affected tribe(s). The Administrator will notify
affected tribes of new shoreline permit applications in the manner outlined in
chapter 7.
18. Additional standards for commercial geoduck aquaculture:
a. In addition to the standards above, commercial geoduck aquaculture shall
only be allowed where sediments, topography, land and water access
support geoduck aquaculture operations without significant clearing or
grading.
Chapter 5—Shoreline Use Provisions Page 95
b. All permits shall take into account that commercial geoduck operators
have the right to harvest geoduck once planted.
c. All subsequent cycles of planting and harvest shall not require a new
CUP, subject to WAC 173-27-100.
d. A single CUP may be submitted for multiple sites within an inlet, bay or
other defined feature, provided the sites are all under control of the same
applicant and within the Program's jurisdiction.
e. Commercial geoduck aquaculture workers shall be allowed to accomplish
on-site work during low-tides, which may occur at night or on weekends.
Where such activities are necessary, noise and light impacts to nearby
residents shall be mitigated to the greatest extent practicable.
f. Where an applicant proposes to convert existing non-geoduck
aquaculture to geoduck aquaculture, a Conditional Use permit shall be
required.
g. In addition to the requirements in chapter 7, applications for commercial
geoduck aquaculture shall contain all of the items identified in WAC 173-
26-241 (3)(b)(iv)(F).
3. Boating Facilities
a. Applicability
Boating facilities include marinas; dry storage and wet-moorage types; boat launch
ramps; covered moorage; boat houses; mooring buoys; and marine travel lifts.
Elements of boating facilities, such as piers, docks, or mooring buoys, may also be
subject to the provisions for overwater structures in chapter 4. Docks, piers or boat
launches associated with single-family residences are not considered boating
facilities.
A marina is a water-dependent use that consists of a system of piers, buoys, or floats
to provide a centralized site for extended moorage for more than four (4) vessels,
including yachts, commercial or research vessels, and small pleasure craft. For
regulatory purposes, yacht club facilities and camp or resort moorage areas would
also be reviewed as marinas.
Marinas are usually located in the intertidal or offshore zone and may require
breakwaters of open-type construction (floating breakwater and/or open pile work)
and/or solid-type construction (bulkhead and fill), depending on the location.
Boat launches and businesses offering supplies and services for boaters and boat
operators are often associated with marinas. These uses are considered accessory
to the marina when subordinate in size and scale to the primary marina use. Other
accessory uses found in marinas and boating facilities may include fuel docks and
storage, boating equipment sale and rental, wash-down facilities, fish cleaning
stations, vessel repair services, public launching, bait and tackle shops, potable
water, waste disposal, administration and maintenance structures, parking, eateries,
grocery and dry good sales.
Chapter 5—Shoreline Use Provisions Page 96
The above listed uses and modifications are subject to the regulations established
for those uses and modifications, in addition to the standards for boating facilities
established in this section. If there is a conflict, the Shoreline Administrator shall
determine the applicable standards in a manner most protective of shoreline
resources.
b. Policies
1. Boating facilities should be located and designed so their structures and
operations will be aesthetically compatible with the surrounding area and will
not unreasonably impair shoreline views.
2. Boating facilities should be located in areas of low biological productivity and
outside of fish migration routes to the extent feasible. Adverse impacts to
ecological processes or life forms should be mitigated.
3. Launch areas for non-motorized, hand-held craft should be provided at
appropriate public access sites.
4. Existing public moorage and launching facilities should be retained and
maintained.
5. New marina facilities and improvements to existing marinas should be
designed to include public access and enjoyment of the shoreline, for
example walkways, viewpoints, restroom facilities, and other recreational
uses consistent with the scale of the facility.
6. On State-owned aquatic lands, boating facilities should adhere to the
standards and requirements of the Washington State Department of Natural
Resources (DNR).
c. Regulations
1. The applicant is responsible for complying with all applicable state and
federal agency requirements and procedures relating to the construction and
operation of boating facilities and associated uses or developments.
2. New boating facilities shall not significantly impact the rights of navigation on
waters of the state.
3. Boating facilities shall not be located where significant ecological impacts
would result and shall not adversely affect critical saltwater habitats (see
Chapter 3, section B).
4. Boating facilities shall comply with the mitigation sequence outlined in chapter
3, section 1 as well as all applicable critical area and vegetation conservation
standards in Chapter 3 of this SMP.
Design/Renovation/Expansion
5. Boating facilities shall be located on stable shorelines and designed so as to:
a. Provide thorough water/tidal exchange and circulation in enclosed water
areas.
Chapter 5—Shoreline Use Provisions Page 97
b. Maintain intertidal and shallow subtidal migratory pathways for juvenile
fish species and other aquatic life requiring shallow water habitat.
c. Minimize interference with sediment transport or other coastal processes
and disruption of existing shoreline ecological functions.
d. Minimize the adverse impacts of shade on the water's surface resulting
from overwater structures through means such as (but not limited to):
i. Minimization of overwater coverage;
ii. Elevation of piers above the water to the maximum extent reasonable
iii. Limiting floats in the nearshore area;
iv. Incorporating grated decking or other materials that allow light
penetration; and
v. Other design measures.
e. Minimize the need for channel construction or dredging, maintenance
dredging, filling, beach enhancement, and other shoreline modification
activities.
6. Moorage of floating homes, house barges and/or houseboats in marinas is
prohibited.
7. Up to 10% of the total number of slips in a new marina may be occupied by
live-aboards (boats with people living on them as their primary residence).
The Port of Port Angeles Boat Haven Marina may provide for up to 30 live-
aboards or 10% of the total number of slips, whichever is larger. Live-
aboards may provide a sense of security due to on-site human presence.
8. All marinas shall include measures for sewage pump-out and disposal. Boat
waste disposal facilities (pump-outs, dump stations and toilets) shall be
considered and located within marinas on an individual basis through
consultation with the Departments of Health, Ecology and Parks as
applicable.
9. In addition to the application requirements in chapter 7, the City shall require
and utilize the following information in its review of new or expanded marina
proposals:
a. Existing shoreline and backshore features and uses.
b. Sediment transport processes and flushing characteristics, including but
not limited to volumes, rates and frequencies.
c. Biological resources, habitats, and migratory routes of marine species
within the backshore, foreshore, and aquatic environments.
d. Bathymetric contours (1-foot increments).
e. Ownership and lease agreements of submerged lands.
f. Site orientation; exposure to wind, waves, flooding or tidal/storm surges;
type and extent of shoreline stabilization and flood protection necessary.
Chapter 5—Shoreline Use Provisions Page 98
g. Impact upon existing shoreline and water uses, and anticipated demand
for shoreline and water uses including public access, recreation, and
views.
h. Location of accessory facilities, including sewage disposal, water quality
and invasive species transfer controls (e.g., wash down facilities),
i. Overwater coverage and associated shading,
j. Provisions for the prevention and control of fuel spillage and management
of storm water, and
k. A landscaping plan (see regulation 12 below). The landscaping plan shall
identify the size, location and species of plants that will be used. Native
species are required, where feasible. Such plan shall also outline
maintenance and monitoring steps, and may include a financial security
requirement, to ensure all landscaping is viable and self sustaining after
three years.
10. Accessory uses at marinas or public launch ramps shall be limited to those
which are water-dependent, water-related or water-enjoyment or that
functionally support marina activities or users (e.g., public restrooms,
harbormaster offices, etc.). Accessory uses shall be consistent in scale and
intensity with the marina and/or launch ramp and surrounding uses.
11. Marinas shall not locate where they would impair significant littoral drift,
including adjacent to feeder bluffs, accretion beaches, points, spits and
hooks, wetlands and lagoons, and estuaries. Marinas also shall not locate
where they would result in adverse impacts to significant fish and shellfish
spawning and rearing areas.
12. The perimeter of new or expanded parking, dry moorage and other storage
areas shall be landscaped to provide and maintain a visual buffer between
adjoining dissimilar uses or scenic areas.
13. Public access, both visual and physical, shall be an integral part of all new or
expanded marinas or public launch ramps. The type/design of public access
shall be consistent in scale and intensity with the proposed boating facility in
accordance with the public access requirements in chapter 3. New and
expanded boating facilities must ensure the following:
a. Existing or potential public access along beaches is not unnecessarily
blocked or made dangerous, and public use of the waters below the
ordinary high water mark is not unduly impaired.
b. Where allowed, covered moorage shall not be constructed where visual
access from public access areas is significantly impaired and/or the views
of significant numbers of residences are blocked.
14. Upland facilities shall be designed and managed in compliance with the Port
Angeles Urban Services and Standards Guidelines manual in order to
minimize or prevent negative impacts to water quality. Impervious surfaces
shall be minimized to the extent feasible.
Chapter 5—Shoreline Use Provisions Page 99
15. Boating facilities and accessory uses shall share parking facilities to the
maximum extent feasible, with boating facility usage given the preference for
utilizing parking within shoreline jurisdiction.
16. Public boat launch facilities shall provide and maintain rest rooms or portable
toilets. All marinas with over 20 moorage slips shall provide rest rooms and
showers for boaters' use. Restrooms and showers shall be located outside of
shoreline jurisdiction to the extent feasible. Marinas shall provide one toilet
and hand washing facility for each sex per fifty moorage sites; signs shall be
posted so that the rest rooms are easily identifiable to the boating public.
17. Pipes, plumbing, wires and cables at marinas shall be placed at or below
ground and dock levels.
18. Marinas shall include facilities, equipment and shall post established
procedures for the containment, recovery and mitigation of spilled petroleum,
sewage and/or toxic products and debris from maintenance and repair
practices.
19. Garbage and recycle receptacles shall be provided and maintained by the
marina operator at several locations convenient to users in sufficient numbers
to properly store all solid waste generated on site. This should include
separate receptacles for waste oil and other potentially hazardous or toxic
waste.
20. Moorage facilities within marinas shall be equipped with functional lifesaving
equipment such as life rings, hook and ropes. Adequate fire protection shall
be required as per the City adopted Fire Code.
Boat Launches
21. Public launch ramps shall be located where upland and aquatic access are
appropriate for the scope of the facility so that parking and circulation do not
adversely impact neighboring uses or the public rights of navigation.
22. Ramps shall be placed and kept near flush with the foreshore slope to
minimize the interruption of shoreline processes.
23. The maximum waterward intrusion of any portion of any launching ramp shall
be the point where the water depth is sufficient for launching the type of boat
for which the launch is designed.
Covered Moorage
24. Covered moorage is prohibited outside of the Port of Port Angeles Boat
Haven Marina.
25. When new covered moorage or the replacement of existing covered moorage
is proposed within the Boat Haven Marina, the applicant shall provide a
detailed plan indicating:
a. The location, size and general design of the proposed structure;
b. The impact on shoreline views from public access points within the
marina and from adjacent public properties and residences; and
Chapter 5—Shoreline Use Provisions Page 100
c. That the structures will be built to conform to the City building code,
withstand stresses from anticipated storm and weather conditions or
damage by fire, and that exterior wall and roof coverings shall be of
noncombustible or fire-retardant-treated material and so certified or
labeled.
26. The maximum height for covered moorage is 20 feet above the ordinary high
water mark.
Mooring Piles and Buoys
27. Mooring buoys shall be located as close to the shoreline as possible but
outside of critical saltwater habitats. Mooring buoys shall be designed to
eliminate damage (e.g., from the scour of anchoring chains or cables) to
eelgrass and kelp beds. Consult with the Clallam Marine Resources
Committee for advice and assistance in this regard. See also regulations for
mooring buoys in Chapter 4, section 3.
28. Buoys shall be discernible under normal daylight conditions at a minimum of
100 yards and shall have reflectors for nighttime visibility.
29. Mooring buoys shall be clearly marked with the owner's name, contact
information, and permit number(s).
30. The installation and use of mooring buoys shall be consistent with all
applicable state and federal laws and standards.
31. Vessels shall not moor on waters of the state for extended periods unless a
lease or permission is obtained from the state and impacts to navigation and
public access are mitigated.
4. Commercial Development
a. Applicability
Commercial development means those uses that are involved in wholesale, retail,
service, and business trade. Commercial uses can be water-dependent, water-
related, water-enjoyment or non-water-oriented. Water dependent commercial uses
include, for example, boat rental, water taxis, or eco-marine tourism where direct
access to the water is necessary. Water related commercial uses include, for
example, the sale of boating supplies that could occur in an upland area but which
derive benefit from being proximate to the shoreline. Water-enjoyment commercial
uses include those uses that help people to enjoy the shoreline, such as eating and
drinking establishments and shops, where views of or public access to the water are
emphasized.
Uses and activities associated with commercial development that are identified as
separate uses in this program include Industry, Boating Facilities, Transportation
Facilities, and Utilities (accessory). Commercial uses and development must meet
all applicable requirements established by the SMP.
Chapter 5—Shoreline Use Provisions Page 101
b. Policies
1. New commercial development located in shoreline jurisdiction should be
limited to those which are water oriented as defined herein. Non- water
oriented development is strongly discouraged and should not displace water-
oriented development in shoreline areas. Non-water oriented uses and
development should only be allowed where:
a. It is a subordinate part of a mixed use development;
b. The primary use in the mixed use development is water dependent;
c. The non-water oriented portion of the development is located landward of
all water oriented uses; and
d. The non-water oriented use does not interfere with or displace a water
dependent use.
Non-water oriented commercial uses and development may also be allowed on a
site that is physically separated from the shoreline by another property or public
right of way.
2. Water related and water enjoyment commercial development should be
required to provide physical or visual access to the shoreline or other
opportunities for the public to enjoy the shorelines of the state.
3. Multiple-use concepts which include ecological restoration, open space area
and recreational activity should be encouraged in commercial developments.
4. All new non-water-oriented commercial development, where allowed, should
be conditioned with the requirement to provide ecological restoration and
public access.
c. Regulations
1. Non-water-oriented commercial uses and developments shall be permitted in
shoreline jurisdiction only where they are either on a site separated from the
shoreline by another property, a public trail, or street right-of-way, or where
all four (4) of the following can be demonstrated:
a. A water-oriented use is not reasonably expected to locate on the
proposed site due to topography, incompatible surrounding land uses,
physical features, or the site's separation from the water.
b. The proposed use or development does not displace a water-oriented
use, usurp land currently occupied by a water-oriented use, and will not
interfere with adjacent water-oriented uses.
c. The proposed use or development will provide a significant public benefit
with respect to the objectives of the SMA by providing ecological
restoration and/or public use of or access to the shoreline.
d. The proposed use or development is part of a mixed use development
where the primary use is water dependent.
2. Commercial uses and development shall be designed to avoid and minimize
ecological impacts, to mitigate for any unavoidable ecological impacts, to
Chapter 5—Shoreline Use Provisions Page 102
protect human health and safety, and to avoid significant adverse impacts to
surrounding uses and the shoreline's visual qualities. The City may include
conditions in permits for commercial uses and development to address such
issues, including but not limited to conditions that limit operation intensity,
require landscaping or screening, etc. as the administrator deems
appropriate. Such conditions shall be based on the site and nature of the
proposed use, adjacent uses, and relevant or applicable studies.
3. All new or expanded water-related and water-enjoyment commercial uses
and developments shall mitigate impacts to shoreline resources and values
by providing ecological restoration and public access, unless such measures
are demonstrated to be infeasible. Restoration that is required as mitigation
in this context shall comply with the regulations in Chapter 3, section 12.
4. All commercial loading and service areas shall be located and/or screened to
minimize visual impacts to public shoreline areas. If such facilities cannot be
located to avoid impacts, parking and service areas shall be screened from
view from public access areas by a 10-foot strip of landscaping with shrubs
that will be at least 3 feet high within two years of planting and trees a
minimum of 2-inch caliper spaced at species-appropriate distances.
5. All new or expanded commercial uses or developments located adjacent to
the Olympic Discovery/Waterfront Trail shall provide a minimum 10-foot-wide
strip of landscaping between the building and the trail. The landscaping shall
include:
a. Shrubs that will grow to at least 3 feet high within two years of planting;
b. Vegetative ground cover that will cover the planted area within at least
two years;
c. Trees will be required if the Administrator determines there is sufficient
space depending on the setting and the desired tree species;
d. A sight-obscuring fence is not required; and
e. The City Shoreline Administrator may modify required landscaping
patterns within these areas to avoid safety and security concerns.
6. If the setback standards in Chapter 2 conflict with those for the commercial
use or zone established in the most current version of PAMC Title 17, the
most restrictive shall prevail.
7. The City shall require and evaluate the following information in its review of
new or expanded commercial use or development proposals:
a. Nature of the commercial activity (e.g. water-dependent, water-related,
water-enjoyment, non-water-oriented, mixed-use), including a breakdown
of space requirements for each component;
b. Need for shoreline location;
c. Special considerations proposed to enhance the relationship of the
activity to the shoreline;
d. Provisions for public access to the shoreline, both physical and visual;
e. Provisions to ensure that the development will not cause adverse
environmental impacts; and
Chapter 5—Shoreline Use Provisions Page 103
f. For mixed-use proposals, alternative mixes of water-oriented and non-
water-oriented uses and activities, structure locations, site design and
bulk considerations, alternative public access opportunities, and other
considerations addressing the goals and policies of the SMP. In mixed
use proposals:
i. Water dependent uses shall be the primary use;
ii. Uses subordinate to the primary water dependent use shall be smaller
in scale and use than the primary use;
iii. Uses subordinate to the primary water dependent use shall be located
landward of the primary use; and
iv. Uses subordinate to the primary water dependent use shall not be
located within a required VCA or setback.
8. Commercial development shall be consistent with the character and features
of the surrounding area.
9. Non-water dependent commercial developments are prohibited over water
unless the use is part of a mixed-use development with a primary water
dependent use.
10. Commercial uses authorized as water related or water enjoyment uses or
developments shall incorporate appropriate design and operational elements
so they meet the definition of water related or water enjoyment uses.
5. Industry
a. Applicability
Industrial developments and uses are facilities for processing, manufacturing,
and storing of goods. Included in industry are such activities as log storage
(upland), in-water log rafting and handling, petroleum storage and handling,
transport and storage operations, paper, pulp and wood products production,
concrete and asphalt batching, construction, manufacturing, and warehousing.
Boat building, ship repair, and major boat repair that involves haul-out may be
considered an industrial use.
b. Policies
1. Regional and statewide needs for industrial facilities should be carefully
considered in reviewing proposals for new industrial uses and development
as well as in designating shorelines for such uses or development. Such
consideration and designation should be coordinated with the Port of Port
Angeles.
2. Expansion or redevelopment of existing, legally established industrial areas,
facilities and services that could incorporate mixed-use development are
encouraged over new single-purpose industrial areas or facilities.
3. Joint use of piers, cargo handling, storage, parking and other accessory
facilities among private or public entities is strongly encouraged in waterfront
industrial areas.
Chapter 5—Shoreline Use Provisions Page 104
4. New industrial development should be required to provide physical and/or
visual access as outlined in chapter 3, when feasible and when such access
does not cause significant interference with industrial operations or hazards
to life and property.
5. Dry land storage of logs is preferred over in-water log storage.
6. New non-water oriented industrial developments should not be located within
shoreline jurisdiction, unless the use is part of a mixed use project that
includes water dependent uses and provides a significant public benefit.
Non-water oriented industrial uses and development may also be allowed on
a site that is physically separated from the shoreline by another property or
public right of way.
c. Regulations
1. New industrial uses or developments, or significant expansion or
intensification of existing industrial uses or activities, shall be consistent with
the Port Angeles Harbor Resource Management Plan, and be accompanied
by a feasibility or use analysis acceptable to the City that assesses regional
or state-wide need.
2. Non-water oriented industrial development is only allowed within shoreline
jurisdiction when:
a. The non-water oriented industrial use or development is part of a mixed
use development and is subordinate to and located landward of the
primary water dependent use;
b. The underlying zoning allows industrial uses; and
c. A water-oriented industrial use is not reasonably expected to locate on
the proposed site due to topography, incompatible surrounding land uses,
physical features, or the site's separation from the water.
Non-water oriented industrial development may also be allowed within
shoreline jurisdiction when located on sites that are separated from the
shoreline by another property or public right of way, and when allowed by the
underlying zoning.
3. Existing non-water oriented industrial development in shorelines jurisdiction
may be permitted to expand upland from existing structures but not parallel to
or waterward toward the OHWM upon approval of a conditional use permit.
Waterward expansion of existing non-water-oriented industry is prohibited.
4. Long-term storage and/or disposal of industrial wastes is prohibited within
shoreline jurisdiction. Wastewater treatment systems may be allowed in
shoreline jurisdiction only if alternative areas outside of shoreline jurisdiction
have been proven infeasible.
5. Waste disposal, except clean soils and clean dredge spoils, is prohibited
within shoreline jurisdiction. Temporary storage of waste is allowed provided
all applicable regulations governing storage are a part of the design. The
Shoreline Administrator shall establish the time period allowed for temporary
storage in the shoreline permit or exemption.
Chapter 5—Shoreline Use Provisions Page 105
6. New or expanded facilities for water transport of bulk, crude or other forms of
petroleum in vessels over 125,000 deadweight tonnage shall be limited to
segments of the shoreline designated HI-I or HI-M and adjacent aquatic
areas.
7. New or expanded port and/or industrial developments shall employ the best
available technology, practices and procedures for the safe handling of fuels
and toxic or hazardous materials to prevent them from entering the water,
and optimum means shall be employed for prompt and effective cleanup of
any spills that do occur.
8. Industrial display and other exterior lighting shall, to the extent feasible, be
designed, shielded, and operated to avoid illuminating the water surface and
to reduce light pollution into the night sky and residential areas.
9. All industrial loading and service areas shall be located and/or screened to
minimize visual impacts to public shoreline areas. If such facilities cannot be
located to avoid impacts, parking and service areas shall be screened from
view from public access areas by a 10-foot strip of landscaping with
evergreen trees and shrubs that will provide a full visual screen within five
years of planting. The Administrator may modify required landscaping
patterns within these areas to avoid safety and security concerns.
10. All new or expanded industrial uses or developments located adjacent to the
Olympic Discovery/Waterfront Trail shall provide a minimum 10-foot-wide
strip of landscaping between buildings and the trail. The landscaping shall
include:
a. Shrubs that will grow to at least 3 feet high within two years of planting;
b. Vegetative ground cover that will cover the planted area within at least
two years;
c. Trees will be required if the Administrator determines there is sufficient
space depending on the setting and the desired tree species; and
d. The City Shoreline Administrator may modify required landscaping
patterns within these areas to avoid safety and security concerns.
11. Low Impact Development (LID) techniques shall be incorporated into the
design of new industrial uses and development, where feasible.
12. Industrial activities, including ship and boat building and repair yards, shall
employ Best Management Practices (BMPs) concerning the various services
and activities they perform and their impacts on water quality. Industrial uses
and activities shall adhere to the applicable standards in the City of Port
Angeles Urban Services Standards and Guidelines.
13. The City may require that new or expanded upland industrial development be
set back and buffered from adjacent shoreline properties used for
nonindustrial purposes in accordance with PAMC 17.34.050 B. Such
setbacks or buffers are intended to minimize conflicts between incompatible
uses and to minimize the impacts of noise and dust that may be generated by
industrial activities. If the Administrator determines that buffers are required
as outlined above, such buffers shall be a minimum of 10 feet in width, and
Chapter 5—Shoreline Use Provisions Page 106
planted with vegetative materials that will reach 6 feet in height within 5 years
of planting. The applicant will be required to prepare and maintain landscape
buffers in ways that guarantee the survivability of the vegetation, and shall be
required to monitor and maintain such areas for a period of at least 5 years.
Plants shall be selected to minimize visual or noise intrusion to adjacent
properties, minimize erosion and protect water quality. Buffers shall not be
used for storage of industrial equipment or materials, parking, or for waste
disposal, but may be used for public access if consistent with provisions of
the SMP.
Log Storage and Booming
14. Unpaved storage areas underlain by permeable soils shall have at least a 4-
foot separation between the ground surface and the highest seasonal water
table.
15. All log storage proposals shall demonstrate that State water quality standards
and/or criteria will not be violated by any runoff leaving the site and entering
into waters of the State. If such demonstration is not possible, treatment
facilities meeting all applicable local, state and federal standards shall be
provided.
16. Offshore log storage shall be located only in areas where an Aquatic Lands
Lease may be obtained from the Washington State Department of Natural
Resources.
17. In-water log storage shall not hinder navigation.
18. The free-fall dumping of logs into water is prohibited. Easy let-down devices
shall be employed for placing logs in the water per the Port of Port Angeles
BMPs approved as part of Washington State Department of Natural
Resources Aquatic Lands Lease agreements.
19. Bark and wood debris shall be regularly and consistently controlled, collected
and disposed of at log dumps, raft building areas and mill-side handling
zones. This shall be required for both floating and sinking particles.
Log dumps shall not be located in waters where bark and debris controls
cannot be effectively provided.
20. Logs shall not be dumped, stored or rafted where they will rest on the
bedlands at low tide.
21. To avoid impacts to new areas, new log booming and storage facilities shall
be preferentially located in areas where the activity has historically occurred,
unless such a location results in significant impacts to ecological functions.
22. New log booming and storage facilities must be located waterward of the
nearshore to avoid and minimize ecological impacts to aquatic areas.
23. New log transfer sites and in-water storage facilities are prohibited in areas
that do not meet state or federal water and sediment quality standards, or in
areas defined as critical saltwater habitat or habitat areas for priority species
and species of concern.
Chapter 5—Shoreline Use Provisions Page 107
24. Operators must implement measures to prevent chains and ropes on
anchorage, mooring, and containment boom systems from dragging on the
substrate. Measures include, but are not limited to, the use of embedded
anchors and midline floats.
6. Governmental, Educational, Cultural and Institutional
Uses
a. Applicability
Governmental, educational, cultural and institutional uses such as centers or
museums may be considered water oriented if they have an association with a
specific waterfront site or activity or if they include public shoreline access.
b. Policies
1. Allow governmental, educational, cultural and institutional uses in shoreline
jurisdiction when they are water oriented and there are sufficient access,
utilities and public services to support them.
2. Encourage water-oriented uses that help people to understand and
appreciate the environmental, cultural, historic, and economic importance of
the shoreline.
3. Encourage institutional, governmental, cultural and educational activities
associated with maritime navigation, security, safety, education,
environmental management, and ecological restoration.
c. Regulations
1. Development of governmental, educational, cultural or institutional facilities
shall comply with the mitigation sequence, public access, and critical areas
and vegetation conservation sections of chapter 3 of this SMP.
2. New governmental, educational, cultural and institutional uses and
developments shall be located and designed to prevent or minimize
ecological impacts and the need for shoreline stabilization measures.
7. Recreational Development
a. Applicability
Port Angeles' shoreline includes several attractions that make it a significant
regional recreation resource. Recreational development includes public and
commercial facilities for activities such as hiking, photography, viewing,
fish ing/shellfishing, boating, swimming, bicycling, picnicking, and playing. This
section applies to both publicly and privately owned shoreline facilities intended
for use by the public or a private club, group, association or individual.
Commercial non-water-oriented recreation facilities, such as bowling alleys and
fitness clubs, are addressed as commercial uses in this SMP.
Chapter 5—Shoreline Use Provisions Page 108
b. Policies
1. Local, state, and federal recreation planning should be coordinated to satisfy
recreational needs. Shoreline recreational developments should be
consistent with all locally adopted park, recreation, and open space plans,
including the City of Port Angeles Comprehensive Plan and the recreation
component of the Harbor Resources Management Plan (most recent edition).
2. Recreational developments and plans should promote the conservation of the
shoreline's natural character, ecological functions and processes, especially
on Ediz Hook and in the vicinity of creeks discharging into the harbor and/or
strait.
3. A variety of compatible recreational experiences and activities should be
encouraged to satisfy diverse recreational needs.
4. Water-dependent recreational uses, such as angling, shellfishing, boating,
and swimming, should have priority over water-enjoyment uses, such as
picnicking. Water enjoyment recreational uses should have priority over non-
water oriented recreational uses. Non-water oriented recreational uses such
as field sports and golf should be prohibited in shoreline jurisdictions unless
they are part of a mixed use recreational facility.
5. Recreation facilities should be integrated and linked with linear systems, such
as hiking paths, bicycle paths, easements, and scenic drives. Of special
importance is the Olympic Discovery/Waterfront Trail. Safety improvements
and recreational enhancements to the Olympic Discovery/Waterfront Trail
should be pursued as recommended in the Harbor Resources Management
Plan.
6. Opportunities to expand the public's ability to enjoy the shoreline should be
pursued in recreational uses and developments.
7. Opportunities for recreational scuba diving should be pursued where there is
not a conflict with existing activities, such as the U.S. Coast Guard base.
Artificial marine life habitats should be encouraged in order to provide
increased aquatic life for recreational observation. Such habitats should be
constructed in areas of low habitat diversity, where predation of priority
species is not an issue, to avoid migratory corridors and in consultation with
the Department of Fish and Wildlife and local tribes.
8. Improvements should be made to the City Pier and Hollywood Beach.
9. Recreational opportunities that are consistent with ecological restoration
should be encouraged on Ediz Hook and on the Rayonier site (segment O).
10. A wildlife viewing area near Marine Drive overlooking the lagoon at the base
of Ediz Hook should be pursued.
11. Public access along the pipeline between Marine Drive and the shoreline
west of Ediz Hook should be pursued. Security measures should be taken to
prevent trespassing into industrial areas.
Chapter 5—Shoreline Use Provisions Page 109
12. Opportunities for interpretive displays and activities highlighting the cultural,
environmental, historical, and economic aspects of the shoreline should be
incorporated into all public recreation facilities. The City, in coordination with
state and federal resource agencies and local tribes, should develop a
system of coordinated interpretive displays.
13. Accessory structures to recreational facilities, such as restrooms, storage
buildings, access roads, and parking areas should be located outside of
shoreline jurisdiction, when feasible.
c. Regulations
1. Non-water-oriented recreational use and developments may shall be
permitted in shoreline jurisdiction only when part of a mixed use development
containing water dependent uses or when separated from the shoreline by
another property or public right of way, and where it the following can be
demonstrated:
a. A water-oriented use is not reasonably expected to locate on the
proposed site due to topography, incompatible surrounding land uses,
physical features, or the site's separation from the water.
b. The proposed use or development does not displace a water-oriented
use, usurp land currently occupied by a water oriented use, and will not
interfere with adjacent water oriented uses.
c. The proposed use or development will provide a significant public benefit
with respect to the objectives of the SMA by providing ecological
restoration and/or public use of or access to the shoreline.
2. All new or expanded recreational uses and developments shall mitigate
impacts to shoreline resources and values by providing ecological restoration,
unless such measures are demonstrated to be infeasible. Restoration that is
required as mitigation in this context shall comply with the regulations in
chapter 3, section 12.
3. Accessory structures to recreational facilities, such as restrooms, storage
buildings, access roads, and parking areas shall be located outside of
shoreline jurisdiction, when feasible. When the Administrator determines that
location of such facilities outside of shoreline jurisdiction is not feasible,
accessory uses and structures shall meet all required setbacks, shall be
located landward of primary recreational uses or structures, and shall comply
with all other provisions applicable to the use or structure in this SMP.
8. Residential Development
a. Applicability
Residential use and development means buildings, structures, lots, or parcels that
are primarily devoted to or designed for use as a dwelling. Residential uses and
developments include such things as single-family residences, duplexes, floating
homes, multi-family residences, mobile home parks, residential subdivisions and
short subdivisions, and planned unit or residential developments. Accessory uses
Chapter 5—Shoreline Use Provisions Page 110
and structures normally associated with residential uses are also included in this
category. Residential development does not include hotels, motels, or any other
type of overnight or transient housing or camping facilities.
b. Policies
1. Residential development should be prohibited in environmentally sensitive
areas including, but not limited to, wetlands, steep slopes, floodways, and
their buffers.
2. The overall density and design of residential uses and development within
shoreline jurisdiction should be appropriate to the physical capabilities of the
site and consistent with the City of Port Angeles' Comprehensive Plan,
Zoning ordinance, and Environmentally Sensitive Areas ordinance as
incorporated into this SMP.
3. Recognizing the single-purpose, irreversible, and space-consumptive nature
of shoreline residential development, new residential uses and development
should provide adequate space between such uses or developments and the
water to accommodate outdoor recreation such as trails, to protect or restore
ecological functions and ecosystem-wide processes, to preserve views, to
preserve shoreline aesthetic characteristics, to protect the privacy of nearby
residences, and to minimize use conflicts.
4. New or expanded residential use and development should include provisions
for protection of groundwater supplies, erosion control, storm water drainage
systems, protection of aquatic and wildlife habitat and migratory corridors,
ecosystem-wide processes, and open space.
5. Sewage disposal facilities and water supply facilities should-be provided in
accordance with appropriate state and local health regulations.
6. New residential uses and developments should be designed and located so
that shoreline armoring will not be necessary to protect the structure, at the
time of construction or at any time in the foreseeable future. The creation of
new residential lots should not be allowed unless it is demonstrated the lots
can be developed without:
a. Constructing shoreline stabilization structures (such as bulkheads).
b. Causing significant erosion or slope instability.
c. Removing existing native vegetation that helps to prevent bluff erosion.
7. New residential development should be encouraged to cluster dwelling units
in order to preserve natural features, minimize physical impacts, promote
consolidated community access points, encourage low-impact and natural
drainage solutions, and reduce utility, public access, and road costs.
8. Accessory uses and structures should be located landward of the principal
residence unless there is a compelling reason to the contrary.
Chapter 5—Shoreline Use Provisions Page 111
c. Regulations
1. Residential uses and development shall not be approved where shoreline
stabilization measures, bluff walls, or bulkheading will be required to protect
residential structures, lots, or site areas. Residential uses and development
shall be located and designed to avoid the need for structural shoreline
stabilization and flood protection works for the life of the development.
2. New residential uses and development and accessory structures shall be
prohibited overwater or floating on the water.
3. All residential shoreline uses and development shall comply with the
mitigation sequence outlined in chapter 3, section 1 of this SMP and with the
critical area and vegetation conservation provisions in chapter 3.
4. Accessory residential uses and structures in the shoreline jurisdiction shall be
subordinate in size and intensity to and compatible with primary on-site uses
and structures.
5. The creation of new residential lots within the shoreline jurisdiction shall be
prohibited unless the applicant demonstrates that all of the provisions of this
SMP, including critical area buffer, vegetation conservation, setback, and size
restrictions, can be met on the proposed lot. Specifically, it must be
demonstrated that all of the following can be met:
a. The residence can be built in conformance with all applicable standards in
this SMP.
b. Adequate water, sewer, road access, and utilities can be provided.
c. The intensity of development is consistent with the City's comprehensive
plan.
d. The development will not be at risk from floods or geological hazards, and
will not put other properties at risk of the same.
6. Storm water runoff from all new development and redevelopment within the
City of Port Angeles shall comply with the most recent version of the City's
Urban Services Standards and Guidelines.
9. Transportation
a. Applicability
Transportation facilities are those structures and developments that facilitate the
movement of people, goods, and services. They include roads and highways,
bridges, bikeways, trails, railways, airports (including seaplane facilities), ferry
terminals, heliports, public transit facilities, and other related facilities. Parking
facilities are considered separately from transportation facilities (see chapter 3).
The policies and regulations in this section pertain to new transportation uses or
development as well as to changes to or expansion of any existing transportation
facilities.
Chapter 5—Shoreline Use Provisions Page 112
Transportation access to Port Angeles's shorelines is important for emergency
vehicle access, the movement of freight and industrial materials, access to
shoreline uses, waterfront sites, and to recreational and public access
attractions.
The Harbor Resources Management Plan recommends circulation and access
improvements to ensure adequate circulation on and to Port Angeles's
shorelines. The policies and regulations below are intended to support those
improvements while protecting the shoreline ecology.
b. Policies
1. Transportation planning in the shoreline jurisdiction should consider
circulation systems for pedestrian, bicycle, and public transportation as well
as other modes. Circulation systems and projects should support existing and
proposed shoreline uses that are consistent with the SMP.
2. Pedestrian trails and bicycle paths should be encouraged in the shoreline
jurisdiction and should be constructed in a manner compatible with the
natural character, resources, and ecology of the shoreline. Roadway
improvements should include provisions for bicycle and pedestrian
movement.
3. When existing transportation corridors are abandoned, they should be reused
for water-dependent use or public access.
4. The City should pursue the recommendations in the current edition of the
Harbor Resource Management Plan and other City transportation plans to
ensure adequate access to shoreline areas, particularly freight access to
water-oriented industrial uses.
5. All new and expanded transportation uses and development in the shoreline
jurisdiction should be consistent with the City's Comprehensive Plan and
applicable capital improvement plans.
c. Regulations
General
1. All new and expanded transportation uses and development in shoreline
jurisdiction shall be consistent with adopted City plans.
2. All new and expanded transportation uses and development shall comply
with the mitigation sequence outlined in section 1 of chapter 3 of this SMP.
New or expanded transportation facilities that would result in significant
ecological impacts shall not be allowed unless the development includes
mitigation that ensures:
a. Significant short- and long-term risks to the shoreline ecology from the
development are eliminated.
b. Long-term opportunities to increase the natural ecological functions and
processes are not diminished.
3. The following regulation applies to shoreline road ends:
Chapter 5—Shoreline Use Provisions Page 113
a. RCW 35.79.035 prohibits the City from vacating any City street or alley
which abuts a body of salt or fresh water unless the street or alley is not
currently used or suitable for beach or water access, boat moorage or
launching sites, or for a park, viewpoint, recreation, educational, or other
public purposes.
b. RCW 35.79.035 establishes legal procedures to vacate streets as
outlined above.
4. Consult the Washington Department of Fish and Wildlife's Aquatic Habitat
Guidelines documents when locating and designing transportation facilities.
Location
5. New and expanded transportation facilities shall be located outside of the
shoreline jurisdiction, whenever feasible.
6. New and expanded transportation facilities shall be located and designed to
prevent or to minimize the need for shoreline stabilization and shoreline
modifications. Transportation facilities that must cross water bodies and
wetlands shall utilize elevated, open pile, or pier structures whenever
feasible. All bridges shall be constructed at an elevation that will allow the
passage of debris and provide three feet of freeboard above the 100-year
flood level. Bridges and other transportation facilities shall not intrude into or
over critical saltwater habitats except as allowed by chapter 3.
7. Roads shall be located to minimize the need for routing surface waters into
and through culverts. Culverts and similar devices shall be designed to
accommodate 100-year storm flows and to allow continuous fish passage.
Culverts shall be located so as to avoid relocation of the stream channel.
Design/Construction/Maintenance
8. In the design and construction of new and expanded transportation facilities,
impervious surfaces shall be minimized. Areas not paved shall be planted
with self- sustaining vegetation in accordance with City standards. Such
vegetation shall be maintained by the agency or developer constructing or
maintaining the road until fully established. Landscape design may provide
opportunities to enjoy views of the water or other points of interest.
9. New and expanded transportation facilities shall include provisions for
pedestrian, bicycle, and public transportation where feasible and appropriate,
as determined by the City's Shoreline Administrator utilizing the plans cited in
this section. Transportation projects shall support existing and proposed
shoreline uses that are consistent with the SMP.
10. Transportation and primary utility facilities shall be required to make joint use
of rights-of-way and to consolidate crossings of water bodies to the greatest
extent feasible.
11. Fill for new or expanded transportation facilities shall generally be prohibited
in water bodies and wetlands. Fill may be permitted as a Conditional Use to
support new or expanded transportation facilities, only when:
a. All structural and upland alternatives have been proven infeasible;
Chapter 5—Shoreline Use Provisions Page 114
b. The transportation facility is necessary to support uses consistent with
this SMP; and
c. All unavoidable, adverse environmental impacts are mitigated.
12. New and expanded transportation facilities shall not diminish but may modify
public access to the shoreline.
13. Vegetated shoreline areas disturbed by construction or maintenance of
transportation facilities shall be replanted and stabilized with native
vegetation immediately upon completion of the construction or maintenance
activity. Replacement vegetation shall be maintained by the party
responsible for maintenance of the transportation facility or the property
owner, as appropriate.
Air Transportation
15. Aircraft facilities in support of US Coast Guard activities are a permitted use
in the HI-M environment. Aircraft facilities required for the support of
seaplane traffic, not including fuel storage, are a permitted use in the HI-M
and HI-MU environments. As an unspecified use, aircraft facilities for other
purposes or in other designations shall require a conditional use permit.
10. Utilities (Primary)
a. Applicability
Utilities are services and facilities that produce, transmit, carry, store, process, or
dispose of electric power, gas, water, sewage, communications, oil, solid wastes,
and the like. The provisions in this section apply to primary uses and activities, such
as solid waste handling and disposal, sewage treatment plants and outfalls, public
high-tension utility lines, power generating or transfer facilities, and gas distribution
lines and storage facilities. See Chapter 3, Section 11, "Utilities (Accessory)," for on-
site accessory use utilities.
b. Policies
1. New utility facilities should be located so as not to require shoreline
modifications, where feasible. Note that new shoreline stabilization may not
be allowed on State-owned aquatic lands except under extraordinary
circumstances, as determined by the Washington State Department of
Natural Resources (DNR).
2. Utility facilities and corridors should be located so as to protect views.
Whenever feasible, such facilities and corridors should be placed
underground, or alongside or under bridges. Note that on State-owned
aquatic lands, sewer and stormwater outfalls may be required to be installed
below the substrate within nearshore areas, as determined by the
Washington State Department of Natural Resources (DNR).
3. Utility facilities and rights-of-way should be designed to preserve the natural
landscape and to minimize conflicts with present and planned land uses.
Chapter 5—Shoreline Use Provisions Page 115
4. New utility facilities should preferentially be located outside of shoreline
jurisdiction, if feasible.
5. Utilities should be located in existing rights of ways and corridors whenever
feasible.
6. Utility pipelines and cables on tidelands should be discouraged.
c. Regulations
1. All primary utility facilities and uses shall be located outside of the shoreline
jurisdiction, unless infeasible. Utility uses and facilities that must be located
in the shoreline jurisdiction shall be designed to minimize harm to shoreline
ecological functions, preserve the natural landscape, and minimize conflicts
with present and planned land and shoreline uses. The City's Shoreline
Administrator may require the relocation or redesign of proposed utility uses
and development in order to avoid significant ecological impacts.
2. Utility production and processing facilities, such as power plants and sewage
treatments plants or parts of those facilities that are non-water oriented, shall
not be allowed in shoreline areas unless it can be demonstrated that no other
feasible option is available. Energy recovery from waste products associated
with nearby water-dependent shoreline uses may be allowed.
3. Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines, shall be located outside of the shoreline area where
feasible. When necessary, such uses and facilities shall assure no net loss
of shoreline ecological functions. Utilities shall be located in existing rights-
of-way and utility easements or corridors whenever feasible. New or
expanded transmission lines shall be underground, unless infeasible, or
unless the applicant demonstrates that above-ground transmission lines
would have a lesser impact.
4. Development of pipelines and cables on tidelands, particularly those running
roughly parallel to the shoreline, and development of facilities that may
require periodic maintenance that disrupts ecological functions shall not be
allowed unless the Shoreline Administrator determines that no other feasible
option exists. When permitted, those facilities shall include provisions to
assure no net loss of shoreline ecological functions. Existing above ground
lines shall be moved underground during normal replacement processes,
when feasible.
5. Utility development shall, through coordination with local government
agencies, provide for compatible, multiple uses of sites and rights-of-way
when feasible. Such uses may include shoreline access points, trail systems
or other forms of recreation and transportation, providing such uses will not
unduly interfere with utility operations, endanger public health and safety or
create a significant liability for the owner.
6. New solid waste disposal sites and landfill facilities are prohibited. Existing
solid waste disposal and transfer facilities in the shoreline jurisdiction shall
Chapter 5—Shoreline Use Provisions Page 116
not be expanded, intensified, or substantially reconstructed unless for an
environmental cleanup or ecological restoration purpose.
7. Utility transmission and distribution facilities shall cross areas of shoreline
jurisdiction by the shortest, most direct route feasible, unless such route
would cause significant ecological impacts.
8. Utility developments shall be located and designated so as to avoid or
minimize the use of any structural shoreline stabilization or flood protection
works.
9. All underwater pipelines transporting liquids intrinsically harmful to aquatic life
or potentially injurious to water quality are prohibited, unless no other feasible
alternative exists. Easily accessible automatic shut-off valves shall be
provided on both ends of the pipeline.
10. Filling and dredging in shoreline jurisdiction for development of utility facilities
or lines is prohibited, except where no other feasible option exists. Permitted
crossings shall utilize pier or open pile techniques, when feasible. Boring,
rather than open trenching, is the preferred method of utility water crossing.
11. Clearing of vegetation for the installation or maintenance of utilities shall be
avoided and minimized; upon project completion, any disturbed areas shall
be restored to their pre-project condition.
12. Telecommunication towers, such as radio and cell phone towers, shall be
located outside of shoreline jurisdiction where feasible, except when in
support of a water-dependent use, such as the U.S. Coast Guard installation.
13. Outfalls shall be designed and constructed according to all applicable
regulations and standards.
New and reconfigured outfalls must be located and designed to avoid impacts
to native aquatic vegetation. Diffusers or discharge points must be located a
sufficient distance from nearshore areas to avoid significant ecological
impacts.
14. All pipelines supplying water or other liquid for industrial uses shall be
metered at the source and destination to ensure there are not leaks in, or
damage to, the supplying pipeline(s).
Chapter 5—Shoreline Use Provisions Page 117
CHAPTER 6
Definitions
Accessory. Any structure or use incidental and subordinate in size, intensity, etc. to a primary
structure, use or development.
Act. The Washington State Shoreline Management Act, chapter 90.58 RCW.
Adjacent lands. Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction).
Administrator. The City of Port Angeles Director of Community and Economic Development or
his/her designee, charged with the responsibility of administering the Shoreline Master Program.
Appurtenance. A structure or use which is necessarily connected to the use and enjoyment of a
primary use or structure, and is located landward of the ordinary high water mark and the
perimeter of any wetland. On a state-wide basis, normal appurtenances include a garage, deck,
driveway, utilities, fences, and installation of a septic tank and drainfield. For purposes of the
exemption in WAC 173-27-040(2)(g), normal appurtenances also include grading that does not
exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland
or waterward of the ordinary high water mark.
Aquaculture. The culture or farming of fish, shellfish, or other aquatic plants and animals.
Aquaculture does not include the harvest of wild geoduck associated with the state managed
wildstock geoduck fishery. For purposes of this SMP, aquaculture does not include activities on
private property for personal consumption.
Aquatic. Pertaining to those areas waterward of the ordinary high water mark.
Archaeological. Having to do with the scientific study of material remains of past human life and
activities.
Associated wetlands. Wetlands that are in proximity to and either influence, or are influenced
by tidal waters or a lake or stream subject to the Shoreline Management Act. Refer to WAC
173-22-030(1).
Average grade level. See "base elevation."
Base elevation. The average elevation of the natural or existing topography of the lot, parcel, or
tract of real property which will be directly under the proposed building or structure. In the case
of structures to be built over the water, average grade level shall be the elevation of the ordinary
high water mark. Calculation of the average grade level shall be made by averaging the ground
elevations at the midpoint of all exterior walls of the proposed building or structure.
Beach. The zone of unconsolidated material that is moved by waves, wind and tidal currents,
extending landward to the shoreline.
Beach enhancement/restoration. Process of returning a waterfront area to a state more closely
resembling a natural beach. Methods may include removal of shoreline armoring, grading,
addition of beach materials, vegetation, drift sills and other nonintrusive means as applicable.
Beach nourishment. The process of replenishing a beach by artificial means, for example by
the deposition of dredged materials, sediment, or sand. Also called beach replenishment or
beach feeding.
Chapter 6— Definitions Page 119
Bioengineering. See shoreline modifications.
Boating facilities. Any of the following uses are considered boating facilities: marinas; dry-land
boat storage; in-water moorage; boat launch ramps; covered moorage; boat houses; mooring
buoys, and marine travel lifts. Any device or structure used to secure a boat or a vessel,
including piers, docks, piles, or buoys are also considered moorage facilities (see moorage
facility definition).
Bog. A wet, spongy, poorly drained area which is usually rich in very specialized plants,
contains a high percentage of organic remnants and residues, and frequently is associated with
a spring, seepage area, or other subsurface water source. A bog is a type of wetland.
Breakwater. See shoreline modifications.
Buffer or buffer area. An undisturbed area adjacent to an environmentally sensitive area that is
required to permanently remain in an undisturbed and untouched condition, protects or
enhances the environmentally sensitive area, and is considered part of the environmentally
sensitive area. No building, clearing, grading, or filling is permitted, except as authorized by this
SMP. A buffer is different than a setback or a vegetation conservation area, although they may
overlap. See also "visual buffer'.
Building height. Height is measured from average grade level to the highest point of a structure,
provided that television antennas, chimneys and other similar appurtenances shall not be used
in calculating height, except where such appurtenances obstruct the view of the shoreline of a
substantial number of residences on areas adjoining such shorelines. Temporary construction
equipment is also excluded in this calculation.
Building setback. See setback.
Bulkhead. See shoreline modifications.
Buoy. An anchored float for the purpose of mooring vessels.
Channel. An open conduit for water, either naturally or artificially created; does not include
artificially created irrigation, return flow, or stockwatering channels.
Channel Migration Zone (CMZ). The area along a river within which the channel(s) can be
reasonably predicted to migrate over time as a result of natural and normally occurring
hydrological and related processes when considered with the characteristics of the river and its
surroundings.
City. The City of Port Angeles, Washington.
Clearing. The destruction or removal of vegetation, ground covers, shrubs or trees, which may
or may not include root material removal and topsoil removal. Limited pruning is not considered
clearing.
Comprehensive Plan. Comprehensive plan means the document, including maps adopted by
the city council, that outlines the City's goals and policies related to management of growth,
prepared in accordance with RCW 36.70A. The term also includes adopted subarea plans
prepared in accordance with RCW 36.70A.
Conditional use. A shoreline use, development, or substantial development which is classified
as a Conditional Use in this SMP. A use, development, or substantial development that is not
specifically classified within this SMP is treated as a Conditional Use.
Chapter 6— Definitions Page 120
Covered moorage. Boat moorage, with or without walls, that has a roof to protect the vessel.
Critical areas. Those areas listed in the City's Environmentally Sensitive Areas Protection
ordinance (PAMC 15.20.030 E) and in WAC 173-26-221 (2). These include wetlands, aquifer
recharge areas, fish and wildlife habitat conservation areas frequently flooded areas, and
geologically hazardous areas. In Port Angeles, marine bluffs are locally unique features but are
also considered geologically hazardous areas.
Current deflector. See shoreline modification.
Department of Ecology or Department. The Washington State Department of Ecology.
Development. A use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling;
placing of obstructions; or any project of a permanent or temporary nature which interferes with
the normal public use of the surface of the waters overlying lands subject to the SMA at any
state of water level. (RCW 90.58.030(3)(a)).
Development regulations. The controls placed on development or land uses by the City of Port
Angeles, including, but not limited to, zoning ordinances, environmentally sensitive areas
protection regulations, all portions of a shoreline master program other than goals and policies
approved or adopted under Chapter 90.58 RCW, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances, together with any amendments
thereto.
Dock. A structure which abuts the shoreline and is used as a landing or moorage place for
watercraft. A dock may be built either as a fixed platform supported by piling (a pier), or
walkway or other surface that floats on the water, or a combination.
Dredging. Removal or displacement of earth or sediment (gravel, sand, mud, silt and/or other
material or debris) from a water body or associated wetland.
Drift cell. "Drift cell", "drift sector', or"littoral cell" means a particular reach of marine shore in
which littoral drift may occur without significant interruption and which contains any natural
sources of such drift and also any accretion shore forms created by such drift.
Ecological functions (or shoreline functions). The work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic
and terrestrial environments that constitute the shoreline's natural ecosystem.
Ecological restoration. See "restore."
Ecosystem-wide processes. The suite of naturally occurring physical and geologic processes of
erosion, transport and deposition, and specific chemical processes that shape Iandforms within
a specific shoreline ecosystem and determine both the types of habitat and the associated
ecological functions.
EIS. Environmental Impact Statement.
Emergency. An unanticipated and imminent threat to public health, safety, or the environment
which requires immediate action within a time too short to allow full compliance with the SMP.
Emergency construction does not include development of new permanent protective structures
where none previously existed. Where new protective structures are deemed by the
Administrator to be the appropriate means to address the emergency situation, upon abatement
of the emergency situation the new structure shall be removed or any permit which would have
Chapter 6— Definitions Page 121
been required, absent an emergency, pursuant to Chapter 90.58 RCW or this SMP, shall be
obtained. All emergency construction shall be consistent with the policies of Chapter 90.58
RCW and this SMP. As a general matter, flooding or seasonal events that can be anticipated
and may occur but that are not imminent are not an emergency. (WAC 173-27-040 (2)(d)).
Enhancement. Actions performed to improve the condition of an existing resource or
environmentally sensitive area so that the functions and values provided are of a higher quality.
Environment designation(s). See "shoreline environment designation(s)."
Environmentally Sensitive Area. The following areas within Port Angeles and their buffers as
described in Title 15.20.030 PAMC:
1. Aquifer recharge areas;
2. Streams or stream corridors;
3. Frequently flooded areas;
4. Geologically hazardous areas:
a. Erosion hazard areas,
b. Landslide hazard areas,
C. Seismic hazard areas;
5. Habitat areas for priority species and species of concern, and
6. Locally unique features:
a. Ravines;
b. Marine bluffs;
C. Beaches and associated coastal drift processes
Erosion. The wearing away of land by the action of natural forces.
Exemption. Certain specific developments listed in WAC 173-27-040 are exempt from the
definition of substantial development and are therefore exempt from the substantial
development permit process of the SMA. An activity that is exempt from the substantial
development permit process must still be carried out in compliance with policies and standards
of the SMA and the local SMP. Conditional Use and variance permits may also still be required
even though the activity does not need a substantial development permit. (RCW
90.58.030(3)(e) and WAC 173-27-040). Exempt developments also include those set forth in
RCW 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515.
Fair market value. The open market bid price for conducting the work, using the equipment and
facilities, and purchase of the goods, services, and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish, including the cost of labor, materials, equipment and facility
usage, transportation, and contractor overhead and profit. The fair market value of the
development shall include the fair market value of any donated, contributed, or found labor,
equipment, or materials.
Feasible. An action, such as a development project, mitigation, or preservation requirement, is
feasible when it meets all of the following conditions:
a. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or when studies or tests have
Chapter 6— Definitions Page 122
demonstrated in similar circumstances that such approaches are currently available
and likely to achieve the intended results;
b The action provides a reasonable likelihood of achieving its intended purpose; and
c The action does not physically preclude achieving the project's primary intended
legal use.
In cases where this SMP requires certain actions unless they are infeasible, the burden of
proving infeasibility is on the applicant. In determining an action's feasibility, the City and
Department may weigh the action's relative public costs and public benefits, considered in the
short- and long-term time frames.
Fill. The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material
to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a
manner that raises the elevation or creates dry land.
Floats. An anchored, buoyed object.
Floodplain. A term that is synonymous with the one hundred-year floodplain and means that
land area susceptible to inundation with a one percent chance of being equaled or exceeded in
any given year. The limit of this area shall be based upon flood ordinance regulation maps or a
reasonable method which meets the objectives of the SMA.
Floodway. Those portions of the area of a river valley lying waterward from the outer limits of a
watercourse upon which flood waters are carried during periods of flooding that occur with
reasonable regularity, although not necessarily annually, said floodway being identified, under
normal condition, by changes in surface soil conditions or changes in types or quality of
vegetative groundcover condition, topography, or other indicators of flooding that occurs with
reasonable regularity, although not necessarily annually. The floodway shall not include those
lands that can reasonably be expected to be protected from flood waters by flood control
devices maintained by or maintained under license from the federal government, the state, or a
political subdivision of the state.
Gabions. Structures composed of masses of rocks, rubble or masonry held tightly together
usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to
retard wave action or as foundations for breakwaters or jetties.
Geologically hazardous areas. Areas that, because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to the siting of commercial, residential, or
industrial development consistent with public health or safety concerns.
Geotechnical report (or geotechnical analysis). A scientific study or evaluation conducted by a
qualified expert that includes a description of the ground and surface hydrology and geology,
the affected land form and its susceptibility to mass wasting, erosion, and other geologic
hazards or processes, conclusions and recommendations regarding the effect of the proposed
development on geologic conditions, the adequacy of the site to be developed, the impacts of
the proposed development, alternative approaches to the proposed development, and
measures to mitigate potential site-specific and cumulative impacts of the proposed
development, including the potential adverse impacts to adjacent and down-current properties.
Geotechnical reports shall conform to accepted technical standards and must be prepared by a
qualified professional engineer or geologist who is knowledgeable about the regional and local
shoreline geology and processes.
Chapter 6— Definitions Page 123
Grading. The movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land.
Guidelines. Those standards adopted by the Department of Ecology into the Washington
Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use
of the shorelines of the state prior to adoption of shoreline master programs. Such standards
also provide criteria for local governments and the Department of Ecology in developing and
amending shoreline master programs. The Guidelines may be found under WAC 173-26.
Habitat. The place or type of site where a plant or animal naturally or normally lives and grows.
Height. See "building height."
House Boat or House Barge. A residential structure constructed on a floating foundation or
barge intended for year-round, permanent occupancy. Such structure is typically moored,
anchored or otherwise secured in waters and is not a vessel, even though it may be capable of
being towed. Also known as floating home.
Hydrological. Referring to the science related to the waters of the earth including surface and
ground water movement, evaporation and precipitation. Hydrological functions in shoreline
areas include, water movement, storage, flow variability, channel movement and
reconfiguration, recruitment and transport of sediment and large wood, and nutrient and
pollutant transport, removal and deposition.
Intertidal zone. Refers to that area along the shoreline that is above water at the lowest low tide
and below water during the highest high tide.
Letter of exemption. A letter or other official certificate issued by the City to indicate that a
proposed development is exempted from the requirement to obtain a shoreline permit as
provided in WAC 173-27-050. Letters of exemption may include conditions or other provisions
placed on the proposal in order to ensure consistency with the Shoreline Management Act and
this SMP. The letter shall indicate the specific exemption being applied to the development and
provide a summary of the City's analysis of the consistency of the project with the master
program and the act.
Levee. A manmade fill or wall that regulates water levels. It is usually earthen and often
parallel to the course of a river in its floodplain or along low-lying coastlines.
Littoral. Living on, or occurring on, the shore.
Littoral drift. The mud, sand, or gravel material moved parallel to the shoreline in the nearshore
zone by waves and currents.
Low impact development (LID). A storm water management and land development strategy
applied at the parcel and subdivision scale that emphasizes conservation and use of on-site
natural features integrated with engineered, small-scale hydrologic controls to more closely
mimic pre-development hydrologic functions.
Marine. Pertaining to tidally influenced waters, including oceans, sounds, straits, marine
channels, and estuaries, including the Strait of Juan de Fuca and the bays, estuaries, and inlets
associated therewith.
Marina. Refers to a system of piers, buoys, or floats to provide a centralized site for extended
moorage for more than four (4) vessels for a period of 48 hours or longer. For regulatory
purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as
Chapter 6— Definitions Page 124
marinas. Boat launch facilities and the sales of supplies and services for small commercial
and/or pleasure craft users may be associated with marinas. Where such amenities are
included, the marina is considered a multi-use marina.
May. Refers to actions that are acceptable, provided they conform to the provisions of this SMP
and the SMA.
Mitigation (or mitigation sequencing). The process of avoiding, reducing, or compensating for
the environmental impact(s) of a proposal, including the following, which are listed in the order
of sequence priority, with (a) being top priority (WAC 173-26-201 (2)(e)(i)).
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance
operations.
5. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments.
6. Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
Mitigation Bank. A site where shoreline ecological functions are restored, created, enhanced, or
in exceptional circumstances, preserved, expressly for the purpose of providing compensatory
mitigation in advance of unavoidable impacts to ecological functions or other aquatic resources
that typically are unknown at the time of certification.
Moorage facility. Any device or structure used to secure a boat or a vessel, including piers,
docks, piles, or buoys. Moorage facilities may be located inside of or outside of marinas and
other boating facilities.
Multi-family dwelling (or residence). A building containing two or more dwelling units, including
but not limited to duplexes, apartments and condominiums.
Must. A mandate; the action is required.
Native plants or native vegetation. Plant species indigenous to the Olympic Peninsula region
that could occur or could have occurred naturally on the site.
Nearshore. The estuarine/delta, marine shoreline and areas of shallow water from the uplands
that directly influence or are influenced by the shoreline to a waterward depth of about 10
meters relative to Mean High Water. (This is the average depth limit of light penetration). This
zone incorporates those ecological processes, such as sediment movement, freshwater inputs,
and subtidal light penetration, which are key to determining the distribution and condition of
aquatic habitats. By this definition, the nearshore extends landward into the tidally influenced
freshwater heads of estuaries and coastal streams.
Nonconforming development. A shoreline use or development which was lawfully constructed
or established prior to the effective date of this SMP, which no longer conforms to the present
regulations or standards of the Program.
Chapter 6— Definitions Page 125
Non-water oriented uses. Those uses that are not water-dependent, water-related, or water
enjoyment.
Normal maintenance. Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition.
Normal protective bulkhead. See shoreline modifications
Normal repair. To restore a development to a state comparable to its original condition,
including, but not limited to, its size, shape, configuration, location, and external appearance,
within a reasonable period after decay or partial destruction, except where repair causes
substantial adverse effects to shoreline resource or environment. (WAC 173-27-040 (2)(b)).
Noxious weed. The traditional, legal term for any invasive, non-native plant that threatens
agricultural crops, local ecosystems or fish and wildlife habitat. The term `noxious weeds'
includes non-native grasses, flowering plants, shrubs and trees. It also includes aquatic plants
that invade wetlands, rivers, lakes and shorelines. Legal requirements, definitions for control,
and the state noxious weed list are found in Chapter 16-750 WAC State Noxious Weed List and
Schedule.
Off-site replacement. To replace wetlands or other shoreline environmental resources away
from the site on which a resource has been impacted by a regulated activity.
OHWM or ordinary high water mark. That mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual,
and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as
it may naturally change thereafter, or as it may change thereafter in accordance with permits
issued by the City or the Department of Ecology. PROVIDED, that in any area where the
ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water
shall be the line of mean higher high tide and the ordinary high water mark adjoining freshwater
shall be the line of mean high water, (RCW 90.58.030(2)(c)). For mapping purposes in this
SMP, the City has designated 7 feet above sea level (NADV 88) as the OHWM. The OHWM
must be determined in the field based on the criteria in RCW 90.58.030 (2)(c).
PAMC. Port Angeles Municipal Code, including any amendments thereto.
Periodic. Occurring at regular intervals.
Person. An individual, partnership, corporation, association, organization, cooperative, public or
municipal corporation, or agency of the state or local governmental unit however designated.
(RCW 90.58.030(1)(e)).
Primary structure. The structure associated with the principal use of the property. It may also
include appurtenant structures (such as a garages, attached decks, driveways, utilities, and
septic tanks and drainfields) that cannot feasibly be relocated. It does not include structures
such as sheds, gazebos or other ancillary improvements that can feasibly be moved landward
to prevent the erosion threat.
Pier element. Sections of a pier including the pier walkway, the pier float, the ell, etc.
Priority habitat. A habitat type with unique or significant value to one or more species. An area
classified and mapped as priority habitat must have one or more of the following attributes:
• Comparatively high fish or wildlife density;
Chapter 6— Definitions Page 126
• Comparatively high fish or wildlife species diversity;
• Fish spawning habitat;
• Important wildlife habitat;
• Important fish or wildlife seasonal range;
• Important fish or wildlife movement corridor;
• Rearing and foraging habitat;
• Important marine mammal haul-out;
• Refugia habitat;
• Limited availability;
• High vulnerability to habitat alteration;
• Unique or dependent species; or
• Shellfish bed.
A priority habitat may be described by a unique vegetation type or by a dominant plant species
that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows).
A priority habitat may also be described by a successional stage (such as, old growth and
mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such
as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish
and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.
Priority species. Species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that
meet any of the criteria listed below.
1. Criterion 1. State-listed or state proposed species. State-listed species are those
native fish and wildlife species legally designated as endangered (WAC 232-12-014),
threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed
species are those fish and wildlife species that will be reviewed by the department of
fish and wildlife (POL-M-6001) for possible listing as endangered, threatened, or
sensitive according to the process and criteria defined in WAC 232-12-297.
2. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species
or groups of animals susceptible to significant population declines, within a specific
area or statewide, by virtue of their inclination to congregate. Examples include
heron colonies, seabird concentrations, and marine mammal congregations.
3. Criterion 3. Species of recreational, commercial, and/or tribal importance. Native
and nonnative fish, shellfish, and wildlife species of recreational or commercial
importance and recognized species used for tribal ceremonial and subsistence
purposes that are vulnerable to habitat loss or degradation.
4. Criterion 4. Species listed under the federal Endangered Species Act as either
proposed, threatened, or endangered.
Provisions. Policies, regulations, standards, guideline criteria, or designations.
Public access. Public access is the ability of the general public to reach, touch, and enjoy the
water's edge, to travel on the waters of the state, and to view the water and the shoreline from
adjacent locations. (WAC 173-26-221(4)).
Chapter 6— Definitions Page 127
Public interest. The interest shared by the citizens of the state or community at large in the
affairs of government, or some interest by which their rights or liabilities are affected such as an
effect on public property or on health, safety, or general welfare resulting from a use or
development.
RCW. Revised Code of Washington.
Residential development. Development which is primarily devoted to or designed for use as a
dwelling(s).
Restore. To significantly re-establish or upgrade shoreline ecological functions through
measures such as revegetation, removal of intrusive shoreline structures, and removal or
treatment of toxic materials. To restore does not necessarily mean returning the shoreline area
to aboriginal or pre-European settlement condition. Used in the terms shoreline restoration and
ecological restoration.
Revetment. See shoreline modifications.
Riparian. Of, on, or pertaining to the shoreline.
Riprap. A layer, facing, or protective mound of stones placed to prevent erosion, scour, or
sloughing of a structure or embankment; also, the stone so used.
Runoff. Water that is not absorbed into the soil but rather flows along the ground surface
following the topography.
Sediment. The fine grained material deposited by water or wind.
SEPA (State Environmental Policy Act). SEPA requires state agencies, local governments and
other lead agencies to consider environmental factors when making most types of permit
decisions, especially for development proposals of a significant scale. As part of the SEPA
process public comments are solicited and an EIS may be required.
Setback. An area in which buildings or structures shall not be permitted or allowed to project
into. Landscaping and non-structural features such as trails may be allowed in setbacks. In the
context of this SMP, a setback is measured horizontally landward of and perpendicular to the
ordinary high water mark or from the edge of an environmentally sensitive areas buffer.
Shall. A mandate; the action must be done.
Shorelands. Those lands extending landward for two hundred feet in all directions as measured
on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain
areas landward two hundred feet from such floodways; and all wetlands and river deltas
associated with the streams, lakes, and tidal waters which are subject to the provisions of the
SMP; the same to be designated as to location by the Department of Ecology.
Shoreline Administrator. See administrator.
Shoreline areas (and shoreline jurisdiction). The same as "shorelines of the state" and
"shorelands" as defined in RCW 90.58.030.
Shoreline environment designation(s). The categories of shorelines established to provide a
uniform basis for applying policies and use regulations within distinctively different shoreline
areas. Shoreline environment designations used in this SMP include: High-Intensity Industrial
(HI-1), High- Intensity Marine (HI-M), High-Intensity Mixed Use (HI-MU), High-Intensity Urban
Chapter 6— Definitions Page 128
Uplands (HI-UU), Urban Conservancy-Low Intensity (UC-LI), Urban Conservancy Recreation
(UC-R), Shoreline Residential (SR), Aquatic-Harbor (A-H), and Aquatic-Conservancy (A-C).
Shoreline functions. See "ecological functions."
Shoreline ManagementAct(SMA). The Shoreline Management Act of 1971, Chapter 90.58
RCW, as amended.
Shoreline master program, master program, or SMP. This Shoreline Master Program, as
adopted by the City of Port Angeles and approved by the Washington Department of Ecology.
Shoreline modifications. Those actions that modify the physical configuration or qualities of the
shoreline area, usually through the construction of a physical element such as a dike,
breakwater, dock, weir, dredged basin, fill, bulkhead, or other shoreline structures. They can
include other actions, such as clearing, grading, or application of chemicals.
• Breakwaters are structures constructed on coasts as part of coastal defense or to
protect harbors, anchorage or basins from the effects of weather and waves.
• Bulkhead is a retaining wall constructed at or adjacent to the OHWM. These manmade
structures are constructed along shorelines with the purpose of controlling beach erosion
or to protect adjacent uplands from damage from wave action. Construction materials
commonly used include wood pilings, commercially developed vinyl products, large
boulders stacked to form a wall, or a seawall built of concrete or another hard substance.
• Normal protective bulkheads are those structural and nonstructural developments
installed at or near, and parallel to, the ordinary high water mark for the sole purpose of
protecting an existing single-family residence and appurtenant structures from loss or
damage by erosion.
• Bioengineering. The use of biological elements, such as the planting of vegetation,
often in conjunction with engineered systems, to provide a structural shoreline
stabilization measure with minimal adverse impact to the shoreline ecology.
• Bluff wall. A vertical structure placed at the base of a bluff to stabilize the bluff from
dynamic forces of gravity or earth movement. Bluff walls are placed upland of the
OHWM and are not intended to protect bluff toes from wave action.
• Current deflector. An angled stub-dike, groin, or sheet-pile structure which projects
into a stream channel to divert flood currents from specific areas, or to control
downstream current alignment.
• Seawall (also written as sea wall). A structure separating land and water areas
primarily to prevent erosion and other damage by wave action. Generally more massive
and capable of resisting greater wave forces than a bulkhead. Seawalls may be
constructed from a variety of materials, most commonly: reinforced concrete, boulders,
steel, or gabions. Additional seawall construction materials may include: vinyl, wood,
aluminum, fiberglass composite, and large biodegrable sandbags made of jute and coir.
• Soft Armoring See bioengineering.
• Revetment in coastal management means a sloping structure placed on the shoreline
in such a way as to absorb the energy of incoming water. Coastal revetments are
usually built to protect slopes and structures as defense against erosion.
Chapter 6— Definitions Page 129
• Jetty (in marine situations) is any of a variety of structures used for forming basins ,
protecting navigational channels and harbors, or to influence currents. Jetties contribute
to prevention of long shore drift, therefore slowing down beach erosion.
• Groin is a structure extending from the shoreline out into the water that influences
water flow and the deposition of sediment. In the ocean, groins may create beaches, or
avoid having them washed away by Iongshore drift. Ocean groins run generally
perpendicular to the shore. All of a groin may be under water, in which case it is a
submerged groin. The areas between groups of groins are groin fields. Groins are
generally made of wood, concrete, or rock piles, and placed in groups.
Shoreline permit. A substantial development, Conditional Use, revision, or variance permit or
any combination thereof.
Shoreline property. An individual property wholly or partially within shoreline jurisdiction.
Shoreline restoration. See restore.
Shoreline segment. An area of the shoreline that is defined by distinct beginning points and end
points, using parcel numbers or other descriptions (see chapter 2). Shoreline segments are
used to recognize different conditions and resources along different reaches of the City's
shorelines.
Shorelines. All of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them; except (i) shorelines of state-wide
significance; (ii) shorelines on areas of streams upstream of a point where the mean annual flow
is twenty cubic feet per second or less and the wetlands associated with such upstream areas;
and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such
small lakes.
Shorelines Hearings Board (SHB). A six member quasi-judicial body, created by the SMA,
which hears appeals by any aggrieved party on the issuance, denying or rescinding of a
shoreline permit, enforcement penalty or rules, regulations, or guidelines adopted or approved
by the Department of Ecology under the SMA.
Shorelines of state-wide significance. A select category of shorelines of the state, defined in
RCW 90.58.030(2)(e), where special policies apply. In Port Angeles, shorelines of statewide
significance include those areas of the Strait of Juan de Fuca north to the Canadian line lying
seaward of the line of extreme low tide.
Shorelines of the state. The total of all "shorelines" and "shorelines of state-wide significance"
within the state.
Should. The particular action is required unless there is a demonstrated, compelling reason,
based on policy of the Shoreline Management Act and this SMP, against taking the action.
Sign. A board or other display containing words and/or symbols used to identify or advertise a
place of business or to convey information. Excluded from this definition are signs required by
law and the flags of national and state governments.
Significant ecological impact. An effect or consequence of an action if any of the following
apply:
1. The action measurably or noticeably reduces or harms an ecological function or
ecosystem-wide process.
Chapter 6— Definitions Page 130
2. Scientific evidence or objective analysis indicates the action could cause reduction or
harm to those ecological functions or ecosystem-wide processes described in (a) of
this subsection under foreseeable conditions.
3. Scientific evidence indicates the action could contribute to a measurable or
noticeable reduction or harm to ecological functions or ecosystem-wide processes
described in (a) of this subsection as part of cumulative impacts, due to similar
actions that are occurring or are likely to occur.
Significant vegetation removal. The removal or alteration of native trees, shrubs, or ground
cover by clearing, grading, cutting, burning, chemical means, or other activity that causes
significant ecological impacts to functions provided by such vegetation. The removal of
invasive, non-native, or noxious weeds does not constitute significant vegetation removal. Tree
pruning where no more than 25% of the live crown of the tree is removed over any 5-year
period, not including tree topping, where it does not affect ecological functions, does not
constitute significant vegetation removal. Vegetation management that may include thinning to
reduce plant competition does not constitute significant vegetation removal when part of a
management plan developed by a qualified habitat biologist or forester and where it is shown
that ecological functions will not be reduced. Removal of trees deemed by a qualified
professional to be hazardous, dangerous or unstable does not constitute significant vegetation
removal.
Single-family residence. A detached dwelling designed for and occupied by one family including
those structures and developments within a contiguous ownership which are a normal
appurtenance.
Solid waste. Solid waste includes solid and semisolid wastes, including garbage, rubbish,
ashes, industrial wastes, wood wastes and sort yard wastes associated with commercial logging
activities, swill, demolition and construction wastes, abandoned vehicles and parts of vehicles,
household appliances and other discarded commodities. Solid waste does not include sewage,
dredge material, agricultural wastes, or wastes not specifically listed above.
Solid waste disposal. The discharge, deposit, injection, dumping, spilling, leaking, or placing of
any solid or hazardous waste on any land area or in the water.
Steep slope (also "bluff. A topographic feature in which the slope is greater than 1 vertical to 1
horizontal (450 or 100% slope) and with a height from the toe of the slope greater than 10 feet.
Storm water. That portion of precipitation that does not normally percolate into the ground or
evaporate but flows via overland flow, interflow, channels, or pipes into a defined surface water
channel or constructed infiltration facility.
Stream. A naturally occurring body of periodic or continuously flowing water normally contained
within a channel.
Structure. A permanent or temporary edifice or building, or any piece of work artificially built or
composed of parts joined together in some definite manner, whether installed on, above, or
below the surface of the ground or water, except for vessels.
Structure setback. See setback.
Subdivision. The division or redivision of land to create new parcels for use.
Chapter 6— Definitions Page 131
Substantial development. Any development which meets the criteria of RCW 90.58.030(3)(e).
See also definition of"development" and "exemption".
Substantially degrade. To cause significant ecological impact.
Subordinate. Less important than and secondary to a primary structure or use, in this SMP
meaning an accessory or ancillary use, which is physically smaller than and acts to support the
primary use.
Terrestrial. Of or relating to land as distinct from air or water.
Transportation facilities. A structure or development(s), which aids in the movement of people,
goods or cargo by land, water, air or rail. They include but are not limited to streets, highways,
bridges, causeways, bikeways, trails, railways, ferry terminals, float plane —airport or heliport
terminals, and other related facilities.
Upland. Generally described as the dry land area above and landward of the ordinary high
water mark.
Utility. Utilities are services and facilities that produce, transmit, carry, store, process, or
dispose of electric power, gas, water, sewage, communications, oil, solid wastes and the like. A
public or private agency may provide the service or facility that is utilized or available to the
general public (or a locationally specific population thereof).
Utilities (Accessory). Accessory utilities are on-site utility features serving a primary use, such
as a water, sewer or gas line. Accessory utilities do not carry significant capacity to serve other
users.
Variance. A means to grant relief from the specific bulk, dimensional, or performance standards
set forth in this SMP and not a means to vary a use of a shoreline.
Vegetation Conservation Area or VCA. A vegetation conservation area (VCA) is an area along
the shoreline where vegetation, especially native vegetation, contributing to the ecological
function of shoreline areas must be protected, and where it has been removed or destroyed,
should be restored. VCA's are generally measured from the shoreline a specific width landward
of and perpendicular to the shoreline.
Vessel. A floating structure that is designed primarily for navigation, is normally capable of self
propulsion and use as a means of transportation, and meets all applicable laws and regulations
pertaining to navigation and safety equipment on vessels, including, but not limited to,
registration as a vessel by an appropriate government agency.
Visual Access. Access with improvements that provide a view of the shoreline or water, but do
not allow physical access to the shoreline.
Visual Buffer. Means of lessening or absorbing the visual impact of a use or development on an
adjacent use or development, or separating uses or developments of differing intensities. Visual
buffers may include but are not limited to fences or vegetative screens.
WAC. Washington Administrative Code.
Water-dependent. A use or a portion of a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water
dependent uses may include fishing, boat launching, swimming, and storm water discharges.
Chapter 6— Definitions Page 132
Water-enjoyment. A recreational use or other use that facilitates public access to the shoreline
as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the
use and which through location, design, and operation ensures the public's ability to enjoy the
physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use,
the use must be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Water-
enjoyment uses may include, but are not limited to:
1. Parks with activities enhanced by proximity to the water.
2. Docks, trails, and other improvements that facilitate public access to shorelines of the
state.
3. Food and beverage establishments with water views and public access improvements.
4. Museums with an orientation to shoreline topics.
5. Scientific/ecological reserves.
6. Resorts with uses open to the public and public access to the shoreline; and any
combination of those uses listed above.
Water-oriented use. A use that is water-dependent, water-related, or water-enjoyment, or a
combination of such uses.
Water quality. The physical characteristics of water within shoreline jurisdiction, including water
quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological
characteristics. Where used in this SMP, the term "water quantity" refers only to development
and uses regulated under SMA and affecting water quantity, such as impervious surfaces and
storm water handling practices. Water quantity, for purposes of this SMP, does not mean the
withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through
90.03.340.
Water-related use. A use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic viability is dependent upon a waterfront location because:
1. The use has a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent uses and
the proximity of the use to its customers makes its services less expensive and/or
more convenient.
Weir: A structure generally built perpendicular to the shoreline for the purpose of diverting water
or trapping sediment of other moving objects transported by water.
Wetland or wetlands. Areas that are inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those
artificial wetlands intentionally created from non-wetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July
1, 1990, that were unintentionally created as a result of the construction of a road, street, or
Chapter 6— Definitions Page 133
highway. Wetlands may include those artificial wetlands intentionally created from non-wetland
areas created to mitigate conversion of wetlands.
Wetland category. See chapter 3, section 6.
Wetland delineation. Identification of a wetland boundary pursuant to Section 15.24.040(C)
PAMC and the most recent edition of the U. S. Army Corps of Engineers (2010) Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains,
Valleys, and Coast Region (Version 2.0). Wetland delineations are valid for five years; after
such date the City shall determine whether a revision or additional assessment is necessary.
Wetlands rating system. See chapter 3, section 6.
Zoning. The system of land use and development regulations and related provisions Title 17
PAMC.
In addition, the definitions and concepts set forth in RCW 90.58.030, as amended, and
implementing rules shall also apply as used herein.
Chapter 6— Definitions Page 134
CHAPTER 7
Administrative Provisions
A. Administrative Authority and Responsibility
Except when specifically exempted by statute, all proposed uses and developments occurring
within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline Management
Act, and this master program.
The City or Department may attach conditions of approval to any permitted use via a permit
or statement of exemption as necessary to assure consistency of a project with the Act and
this master program.
Applicants requesting review for permits or statements of exemption under this master
program have the burden to prove that the proposed development or activity is consistent
with the criteria that must be met before a permit or statement of exemption is granted.
1. Shoreline Administrator
The Director of the City of Port Angeles Department of Community and Economic
Development or his/her designee (the Administrator) is vested with authority to:
a. Administer this Master Program;
b. Conduct a thorough review and analysis of shoreline substantial development permit
applications. Make written findings and conclusions and approve, approve with
conditions, or deny such permits in accordance with the policies and provisions of this
Master Program, unless a public hearing or appeal is involved;
c. Grant or revise written permit exemptions from Shoreline Substantial Development
Permit requirements of this Master Program (see Section B.2 below);
d. Determine compliance with the State Environmental Policy Act (Chapter43.21 C
RCW; Chapter 197-11 WAC);
e. Specify the required application forms and submittal requirements including the type,
details and number of copies;
f. Advise interested citizens and project proponents of the goals, policies, regulations
and procedures of this Master Program;
g. Make administrative decisions and interpretations of the policies and regulations of
this Master Program and the Shoreline Management Act. When developing
administrative interpretations of its shoreline master program, the City shall consult
with the Department to insure that any formal written interpretations are consistent
with the purpose and intent of chapter 90.58 RCW and the applicable guidelines;
h. Collect applicable fees;
i. Determine that application submittals are substantially complete;
j. Make field inspections as necessary;
Chapter 7—Administrative Provisions Page 135
k. Submit variance and conditional use permit applications and make findings and
recommendations on such permits to the appointed reviewing body for its
consideration and action;
I. Assure that proper notice is given to appropriate persons and the public for all
hearings;
m. Provide technical and administrative assistance to the appointed reviewing body as
required for effective and equitable implementation of this Master Program and the
Act;
n. Provide a summary report of the shoreline permits issued in the past calendar year to
the appointed reviewing body and the City of Port Angeles City Council;
o. Investigate, develop and propose amendments to this Master Program as deemed
necessary to more effectively and equitably achieve its goals and policies;
p. Seek remedies for alleged violations of this Master Program, the provisions of the
Act, or of conditions of any shoreline permit issued by the City;
q. Coordinate information with affected agencies;
r. Review and grant permit revisions. If the proposed changes are determined by the
Administrator to be within the scope and intent of the original permit, consistent with
this Master Program and the Act, the Administrator may approve the revision.
s. Determine if a proposed development is one of public significance and/or could have
a significant impact on the shoreline environment, and consider permit rescissions in
accordance with RCW 90.58.140 (8). Upon making such a determination, the
Administrator may forward the application for shoreline substantial development to
the appointed reviewing body for a hearing and action; and
t. Forward any decision on any permit application to the Washington State Department
of Ecology for filing or action.
2. Appointed Reviewing Body'
The appointed reviewing body (Reviewing Body) is vested with authority to:
a. Review public input on and approve, approve with conditions, or deny requests for
variance permits, conditional use permits, shoreline substantial development permits
(when a hearing is required) and permit rescissions after considering the findings and
recommendations of the Administrator; provided that the reviewing body's decisions
may be appealed to the State Shorelines Hearings Board as provided for in the Act.
b. Review and recommend to the City Council any revisions or amendments to the
master program in accordance with the requirements of the Act and WAC 173-26-
090.
c. Conduct public hearings as specified in the permit process or which have been
requested by the Administrator.
' The Planning Commission is the appointed reviewing body for the City of Port Angeles, until such time
as or if the city contracts with a Hearings Examiner. At that time, the Hearings Examiner shall maintain
the duties and authority as outlined herein.
Chapter 7—Administrative Provisions Page 136
d. Prepare written findings and conclusions to approve, deny or condition a permit
based on the criteria established in this Master Program.
e. Where required by this Master Program or other City codes, require any applicant
granted a shoreline permit to post a bond or other acceptable security with the City
that ensures the applicant, or the applicant's successors in interest will adhere to the
approved plans and all conditions attached to the shoreline permit. Such bonds or
securities shall have a face value of at least 150 percent of the estimated
development cost including attached conditions. Such bonds or securities must be
approved by the City Attorney.
f. Consider the Administrator's findings and conclusions pertinent to permit decisions in
the case of an appeal made by interested parties or members of the pubic and
render the City's final decision.
3. Port Angeles City Council
The Port Angeles City Council is vested with authority to:
a. Review and act upon any recommendations of the Administrator and/or appointed
reviewing body for amendments to or revisions of the program. The Council shall
enter findings and conclusions setting forth the factors it considered in reaching its
decision. To become effective any amendments to the program must be reviewed
and approved by the Department of Ecology, pursuant to RCW 90.58.090 and
Chapter 173-26 WAC.
B. Shoreline Substantial Development Permits and
Exemptions
1. Substantial Development
A substantial development permit must be obtained prior to undertaking "substantial
development" as defined by the SMA and this Master Program.
"Substantial development" shall mean any development of which the total cost or fair
market value exceeds $6,416 (may be adjusted for inflation by the office of financial
management every 5 years), or any development which materially interferes with the
normal public use of the water or shorelines of the state; except that the following are a
summary of common developments not considered substantial developments in
accordance with RCW 90.58.030 (3)(e):
a. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire, or elements.
b. Construction of the normal protective bulkhead common to single family residences.
c. Emergency construction necessary to protect property from damage by the elements
(see chapter 6 for the definition of emergency).
d. Construction or modification of navigational aids such as channel markers and
anchor buoys.
e. Construction of a dock, including a community dock, designed for pleasure craft only,
Chapter 7—Administrative Provisions Page 137
for the private noncommercial use of the owner, lessee or contract purchaser of a
single or multiple family residence.
f. The marking of property lines or corners on state owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water
Note: Exemption from substantial development permit requirements does not constitute
exemption from the policies and use regulations of the Shoreline Management Act, the
provisions of this master program, and other applicable city, state or federal permit
requirements. Exemptions shall be construed narrowly. Only those developments that
meet the precise terms of one or more of the listed exemptions may be granted
exemption from the substantial development permit process. The list above is a
summary; for a complete list, see RCW 90.58.030 (3)(e) and WAC 173-27-040.
A development or use that is listed as a conditional use in this master program or is an
unlisted use must obtain a conditional use permit even if the development or use does
not require a substantial development permit. When a development or use is proposed
that does not comply with the bulk, dimensional and performance standards of the
master program, such development or use can only be authorized by approval of a
variance. If any part of a proposed development is not eligible for exemption, then a
substantial development permit is required for the entire proposed development project.
The Administrator's decision on a shoreline substantial development permit may be
appealed to the appointed reviewing body as outlined in section A above. The
Administrator's decision shall not require a public hearing except in accordance with
section A (1)(s) above.
2. Statement of Exemption
For projects located within shoreline jurisdiction that do not require a shoreline
substantial development permit, applicants shall be required to obtain a written
"statement of exemption". The statement of exemption verifies that the shoreline
development is exempt and provides the applicant with an itemized list of all
requirements (master program and otherwise) applicable to the proposed development.
For shoreline development which is exempt, the statement shall indicate the specific
exemption that is being applied to the development and provide a summary of the City's
analysis of the consistency of the project with the master program and the act. The City
may attach conditions to the approval of exempted developments and/or uses as
necessary to assure consistency of the project with the Act and this Master Program. For
example, a building permit for a single-family residence can be conditioned with
provisions from the master program.
The Administrator's decision on an exemption may be appealed to the appointed
reviewing body as outlined in section A above.
C. Conditional Use Permits
1. Shoreline Conditional Use Permits
The Shoreline Administrator or otherwise authorized designee shall have the authority to
make findings, conclusions, and recommendations on shoreline conditional use permits.
The appointed reviewing body shall have the authority to hear and take action on
Chapter 7—Administrative Provisions Page 138
applications for shoreline conditional use permits as authorized by section A above. The
application for a shoreline conditional use permit shall be made on forms prescribed by the
Shoreline Administrator and shall be processed pursuant to the PAMC. Review will be for
purposes of determining consistency with:
• The legislative policies stated in the Shoreline Management Act, RCW 90.58.020
• The Shoreline Master Program of the City of Port Angeles.
Conditional use permits require a public hearing as outlined in section A.2 above. Notice
of public hearings shall be published in the same manner as provided in the Port Angeles
Municipal Code.
2. Shoreline Conditional Use Permit Criteria
The purpose of a conditional use permit is to allow greater flexibility in administering the use
regulations of the master program in a manner consistent with the policies of the SMA. In
authorizing a conditional use, special conditions may be attached to the permit by the City
or Department of Ecology to prevent undesirable effects of the proposed use and/or to
assure consistency of the project with the Act and this master program. Conditional use
permits may be granted in the following circumstances:
a. The uses is classified or set forth in the master program as a conditional use and the
applicant can demonstrate all of the following:
1. The proposed use will be consistent with the policies of the SMA and the policies of
the City of Port Angeles Shoreline Master Program;
2. The proposed use will not interfere with the normal public use of public shorelines;
3. The proposed use of the site and design of the project will be compatible with other
permitted uses within the area;
4. The proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5. The public interest suffers no substantial detrimental effect.
b. Uses not classified or set forth in the master program may be authorized as conditional
uses provided that the applicant can demonstrate, in addition to the criteria set forth in
2a above, consistency with any other requirements for conditional uses in this master
program.
c. In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests or like actions in the area.
d. Uses which are specifically prohibited by the master program may not be authorized as
conditional uses.
e . All Shoreline Conditional Use Permits issued by the City must be submitted to the
Department of Ecology for its approval or disapproval in accordance with RCW
90.58.140 (10). Appeals of Ecology decisions on shoreline conditional use permits
shall be made to the Shoreline Hearings Board as specified in section E.3 below.
3. Compliance with Conditions
When plans are approved as part of a shoreline conditional use permit, modifications of the
original plans may be made only after a review has been conducted by the Shoreline
Chapter 7—Administrative Provisions Page 139
Administrator and approval granted by the designated hearing body. Revisions to permits
shall be processed in accordance with section E 4 below.
In the event of failure to comply with approved plans or with any conditions imposed
upon the conditional use permit, the permit shall immediately become void and any
continuation of the use activity shall be construed as being in violation of Title 15
PAMC and a public nuisance.
D. Variances
1. Variances —Generally
The Shoreline Administrator or otherwise authorized designee shall have the authority
make findings, conclusions, and recommendations on shoreline variances. The appointed
reviewing body shall have the authority to hear and take action on applications for
variances as authorized by section A above. The application for a variance shall be made
on forms prescribed by the Shoreline Administrator and shall be processed and acted upon
in the same manner as is provided for conditional shoreline development permits. If a
variance application is not merged with a pending substantial development permit
application, the applicant shall pay the City the fee established in PAMC 3.70. All variances
issued by the City must be submitted to the Department of Ecology for its approval or
disapproval in accordance with RCW 90.58.140 (10).
Variances require a public hearing as outlined in section A.2 above.
2. Variance Criteria
The purpose of a variance is strictly limited to granting relief to specific bulk, dimensional, or
performance standards set forth in the master program when there are extraordinary or
unique circumstances relating to the physical character or configuration of the property such
that the strict implementation of the master program would impose unnecessary hardships
on the applicant or thwart the policies set forth in the SMA. The criteria for granting
variances shall be consistent with WAC 173-27-170 and include the following:
a. Variances should be granted in a circumstance where denial of the permit would result
in a thwarting of the policy enumerated in RCW 90.58.020. In all instances,
extraordinary circumstances must be shown, and the public interest shall suffer no
substantial detrimental effect.
b. Variances for development that will be located landward of the ordinary high-water
mark and/or landward of any wetland may be authorized provided the applicant can
demonstrate all of the following:
1. The strict application of the bulk, dimensional, or performance standards as set forth
in the master program preclude or significantly interfere with reasonable use of the
property;
2. The hardship is specifically related to the property and is the result of unique
conditions, such as irregular lot shape, size, or natural features, in the application of
the master program and not, for example, from deed restrictions or the applicant's
own actions;
3. The design of the project will be compatible with other permitted activities in the area
Chapter 7—Administrative Provisions Page 140
and will not cause adverse effects to adjacent properties or the shoreline
environment;
4. The variance does not constitute a grant of special privilege not enjoyed by other
properties in the area, and will be the minimum necessary to afford relief; and
5. The public interest will suffer no substantial detrimental effect.
c. Variances for development located waterward of the ordinary high-water mark or within
any wetland may be authorized provided the applicant can demonstrate all of the
criteria specified in 2 b above and that the public rights of navigation and use of the
shorelines will not be adversely affected.
d. Uses which are specifically prohibited by the master program may not be authorized as
a variance.
e. In granting of all variances, consideration shall be given to the cumulative impact of
additional requests or like actions in the area.
f. All shoreline variances issued by the City must be submitted to the Department of
Ecology for its approval or disapproval in accordance with RCW 90.58.140 (10).
Appeals of Ecology decisions on shoreline variances shall be made to the Shoreline
Hearings Board as specified in section E.3 below. Appeals of Ecology decisions on
variances shall be made to the Shoreline Hearings Board as specified in section E.3
below.
E. Permit Application
1. Application Process
The Administrator shall provide the necessary application forms for shoreline substantial
development permits, conditional use permits, and variance permits.
a. The applicant shall provide, at a minimum, the following information:
1. The most recently updated Joint Aquatics Resource Permit Application (JARPA)
form.
2. The State Environmental Policy Act (SEPA) checklist.
3. The filing fee in an amount as established in PAMC 3.70 payable at the time of
the application.
b. A complete application and supporting documents for all shoreline permits shall be
submitted to the Shoreline Administrator for processing and review. Any deficiencies
in the application shall be corrected by the applicant prior to further processing.
C. Permit Application Review
1. Notice of Application and Permit Application Review shall occur in accordance
with WAC 173-27-110 and PAMC 18.02. Public comment periods shall be 30
days in length in accordance with RCW 90.58.140 (4).
Chapter 7—Administrative Provisions Page 141
d. Public Hearings
1. Public hearings shall be held as requested or required in accordance with
sections A-D above.
2. A written notice of the public hearing at which the appointed reviewing body will
consider the application shall be mailed or delivered to property owners within at
least 300 feet of the subject property, posted on the site and published in the
local newspaper per WAC 173-27-110 and PAMC 17.96.140.
3. The appointed reviewing body shall review permit applications and make a
decision based on any or all of the following:
i. The application materials;
ii. SEPA documentation (if required);
iii. Written and oral comments from interested persons during the published
public comment period;
iv. Evidence presented at the public hearing;
V. The findings, conclusions, and the recommendations of the Administrator;
vi. This Shoreline Master Program; and
vii. The Shoreline Management Act, RCW 90.58, and its supporting WACs.
4. Following the action taken by the appointed reviewing body, the City will send a
notice of decision to Department of Ecology per WAC 173-27-200.
2. Time Requirements
a. The time requirements of this section shall apply to all substantial development
permits and to any development authorized pursuant to a variance or conditional use
permit.
b. Construction pursuant to permits issued shall not begin and is not authorized until
twenty-one (21) days from the date of filing as provided in RCW 90.58.140 (5) and
(6); or until all review proceedings are terminated if the proceedings were initiated
within twenty-one days from the date of filing.
C. Construction activities shall commence or, the use or activity shall commence within
two years of the effective date of the permit. The City may authorize a single
extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed before the expiration date, and notice of the
proposed extension is given to parties of record on the permit and to the Department
of Ecology.
d. Authorization to conduct development activities will terminate five years after the
effective date of the permit. The City may authorize a single extension for a period
not to exceed one year based on reasonable factors, if a request for extension has
been filed before the expiration date and notice of the proposed extension is given to
parties of record and to the Department of Ecology.
e. The effective date of a permit shall be the date of filing as provided in RCW
90.58.140(6).
Chapter 7—Administrative Provisions Page 142
f. The permit time periods in provisions 2 c and d above do not include the time during
which a use or activity was not actually pursued due to the pendency of
administrative appeals or legal actions or due to the need to obtain any other
government permits and approvals for the development that authorize the
development to proceed, including all reasonably related administrative or legal
actions on any such permits or approvals.
3. Appeals
a. Any decision or ruling made by the Administrator on a substantial development
permit, master program policy or regulation interpretation, permit revision, exemption
or other action within the purview and responsibility of the Administrator may be
appealed to the appointed reviewing body as outlined in section A above.
b. Any person aggrieved by the granting, denying, or rescinding of a permit on
shorelines of the state may seek review from the shorelines hearings board by filing
a petition for review within twenty-one days of the date of filing of the decision as
defined in RCW 90.58.140 (6). Within seven days of the filing of any petition for
review with the board as provided in this section pertaining to a final decision of a
local government, the petitioner shall serve copies of the petition on the Department,
the office of the attorney general, and the City. Request shall be in the form required
by the rules for practice and procedure before the Hearings Board.
4. Revisions to Permits (See also WAC 173-27-100)
A permit revision is required whenever the applicant proposes substantive changes to the
design, terms or conditions of a project from that which is approved in the permit.
Changes are substantive if they materially alter the project in a manner that relates to its
conformance to the terms and conditions of the permit, the master program and/or the
policies and provisions of the Act. Changes which are not substantive in effect do not
require approval of a revision.
When an applicant seeks to revise a substantial development, conditional use, or variance
permit, the Shoreline Administrator shall request from the applicant detailed plans and text
describing the proposed changes in the permit. If the Shoreline Administrator determines
that the proposed changes are within the scope and intent of the original permit, the
revision may be approved, provided it is consistent with Chapter 173-27 WAC, the
Shoreline Management Act, and this master program. "Within the scope and intent of the
original permit" means the following:
a. No additional over-water construction will be allowed except pier, dock, or float
construction may be increased by five hundred square feet or ten percent of the
original permit dimensions, whichever is less.
b. Lot coverage and height may be increased a maximum of 10 percent from provisions
of the original permit. New structures not shown on the original site plan, however,
require a new permit.
C. Landscaping may be added or revised without necessitating a new permit if
consistent with the conditions attached to the original permit and with the shoreline
master program.
d. The use authorized pursuant to the original permit is not changed.
Chapter 7—Administrative Provisions Page 143
e. No adverse environmental impact will be caused by the project revision.
f. The revised permit shall not authorize development to exceed height, lot coverage,
setback, or any other requirements of the applicable master program except as
authorized under a variance granted by the original permit or a part thereof.
If the revision, or the sum of the revision and any previously approved revisions, will
violate the criteria specified above, the Shoreline Administrator shall require the
applicant to apply for a new substantial development, conditional use, or variance
permit, as appropriate, in the manner provided for herein.
The revision approval, including the revised site plans and text consistent with section
E 1 above as necessary to clearly indicate the authorized changes, and the final ruling
on consistency with this subsection shall be filed with the Department of Ecology. In
addition, the City shall notify parties of record of the action. If the revision to the
original permit involves a conditional use or variance, the City shall submit the revision
to the Department for the Department's approval, approval with conditions, or denial,
and shall indicate that the revision is being submitted under the requirements of this
subsection.
The department shall render and transmit to the City and the applicant its final
decision within fifteen days of the date of the Department's receipt of the submittal
from the City. The City shall notify parties of record of the Department's final decision.
The revised permit is effective immediately upon final decision by the City or, when
appropriate upon final action by the Department.
F. Nonconforming Uses and Development
Nonconforming uses or developments are shoreline uses or structures which were lawfully
constructed or established prior to the effective date of the act or the master program, or
amendments thereto, but that do not conform to present regulations or standards of the
master program. In such cases, the following standards shall apply:
1. Nonconforming Structures and Development
a. Legally established nonconforming structures being used for a conforming use may
be maintained and repaired and may be enlarged or expanded provided such
structure is not expanded in any way that increases its nonconformity.
b. Uses and developments that were legally established and are nonconforming with
regard to the use regulations of the master program may continue as legal
nonconforming uses. Such uses shall not be enlarged or expanded. Existing, non-
water oriented industry is the only exception; such uses may be permitted to expand
upland with approval of a conditional use permit. See chapter 5, section 5 (c).
C. A legal, conforming building or structure housing a nonconforming use shall be
permitted to be repaired, altered, remodeled, or reconstructed providing said repairs,
alteration, remodeling, or reconstruction do not expand the building space or site
area used by a nonconforming use. For existing non-water oriented industry, see F 1
(b) above.
Chapter 7—Administrative Provisions Page 144
d. A nonconforming structure that is moved any distance must be brought into
conformance with the master program and the Act when feasible, and at a minimum
be made more conforming.
e. If a nonconforming structure is damaged to an extent not exceeding 75 percent of the
assessed value of the structure, it may be reconstructed to those configurations
existing immediately prior to the time the structure was damaged, so long as
restoration or reconstruction is started within nine months and is completed within
18 months of the date that damage or demolition occurred, or, if such date is
unknown, then the date that the damage or demolition is reported, or reasonably
capable of being reported, to the City. A legal nonconforming building or structure
damaged or demolished to an extent that exceeds 75 percent of the existing
assessed value of the building or structure for tax purposes may be restored or
reconstructed providing it conforms to all regulations of the environment designation
or shoreline segment in which it is located. Reconstruction will require obtaining
standard building permit prior to construction.
f. If a nonconforming use is discontinued for any period of one year or more, any
subsequent use shall be conforming. It shall not be necessary to show that the
owner of the property intends to abandon such nonconforming use in order for the
nonconforming rights to expire.
g. A use which is listed as a conditional use but which existed prior to adoption of the
master program or any relevant amendment or prior to the applicability of the master
program to the site and for which a conditional use permit has not been obtained
shall be considered a nonconforming use.
h A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply as they
apply to preexisting nonconformities.
i. A nonconforming use shall not be changed to another nonconforming use, regardless
of the conforming or non-conforming status of the building or structure in which it is
housed.
2. Nonconforming Lots
An undeveloped lot, tract, parcel, site, or subdivision located landward of the ordinary high water
mark that was legally established prior to the effective date of the Act or the master program but
that does not conform to the present lot size or density standards may be developed so long as
such development conforms to all other requirements of the master program and the Act.
G. Documentation of Project Review Actions and
Changing Conditions in Shoreline Areas
The City will keep on file documentation of all project review actions, including applicant
submissions and records of decisions, including conditions applied, relating to consistency with this
SMP. The City shall periodically evaluate the cumulative effects of authorized development on
shoreline conditions.
Chapter 7—Administrative Provisions Page 145
H. Enforcement and Penalties
The choice of enforcement action and the severity of any penalty will be based on the nature of
the violation and the damage or risk to the public or to public resources. The existence or
degree of bad faith of the persons subject to the enforcement action, the benefits that accrue to
the violator and the cost of obtaining compliance may also be considered.
1. Civil Penalty
a. Action: The City Attorney shall bring such injunctive, declaratory, or other actions as
are necessary to insure that no uses are made of the state shorelines that conflict with
the provisions of the Act and this master program and to otherwise enforce the
provisions of the Act and the master program.
b. Non-Compliance: Any person who fails to conform to the terms of a permit issued
under this master program, or who undertakes a development or use on the shorelines
of the state without first obtaining any permit required under the master program, or
who fails to comply with a cease and desist order issued as outlined below shall also
be subject to a civil penalty not to exceed one thousand dollars for each violation.
Each permit violation or each day of continued development without a required permit
shall constitute a separate violation.
c. Aiding and Abetting: Any person who, through an act of commission or omission
procedures, aids or abets in the violation shall be considered to have committed a
violation for the purposes of the civil penalty.
d. Notice of Penalty: The City and/or the Department of Ecology may serve written notice
of the penalty, either by certified mail with return receipt requested or by personal
service, on the person incurring the violation. The notice shall describe the violation,
approximate date(s) of the violation, and shall order the acts constituting the violation
to cease and desist, or in appropriate cases, require necessary corrective action within
a specific time.
e. Remission and Joint Order: Within 30 days of the date of receipt of the penalty, the
person incurring the penalty may appeal in writing such penalty. Upon receipt of the
application, the City may remit or mitigate the penalty only upon a demonstration of
extraordinary circumstances, such as the presence of information or factors not
considered in setting the original penalty. Appeals of any penalty imposed by the City
pursuant to this section shall be subject to review by the City Council. In accordance
with RCW 90.58.210 (4), any penalty jointly imposed by the City and the Department of
Ecology may be appealed to the Shorelines Hearings Board. When a penalty is
imposed jointly by the City and the Department of Ecology, it may be remitted or
mitigated only upon such terms as both the City and the Department agree.
f. Effective Date: The cease and desist order issued under this subsection shall become
effective immediately upon receipt by the person to whom the order is directed.
g. Compliance: Failure to comply with the terms of a cease and desist order can result in
enforcement actions including, but not limited to, the issuance of a civil penalty.
Chapter 7—Administrative Provisions Page 146
2. Delinquent Permit Penalty
Permittees applying for a permit after commencement of a use or activity may, at the
discretion of the City, be required to pay a delinquent permit penalty not to exceed three
times the standard permit fee. A person who has caused, aided, or abetted a violation
within two years after the issuance of a regulatory order, notice of violation, or penalty by
the City or the Department may be subject to a delinquent permit penalty not to exceed ten
times the standard permit fee. Delinquent permit penalties shall be paid in full prior to
resuming the use or activity.
3. Property Lien
Any person who fails to pay prescribed penalties as authorized in this section shall be
subject to a lien upon the affected property until such time as the penalty is paid in full.
The City Attorney shall file the lien against the affected property at the office of the County
Assessor.
4. Mandatory Civil Penalties
Issuance of civil penalties is mandatory in the following instances:
a. The violator has ignored an order or notice of violation;
b. The violation causes or contributes to significant environmental damage to
shorelines of the State as determined by the City or the Department;
C. A person causes, aids, or abets in a violation within two years after issuance of a
similar regulatory order, notice of violation, or penalty by the City or the
Department.
5. Minimum City Penalty Levels
a. The minimum penalty for all violations with mandatory civil penalties as outlined
above is two hundred and fifty dollars ($250.00).
b. For instances requiring penalties not outlined in 4 above, the minimum penalty is
one hundred dollars ($100.00)
6. General Criminal Penalty
In addition to incurring civil liability under Section 1, any person found to have willfully
engaged in activities on the shorelines of the State in violation of the provisions of the Act
or the master program shall be guilty of a misdemeanor and shall be punished by a fine of
not less than one hundred dollars ($100.00) nor more than one thousand dollars
($1,000.00) or by imprisonment in the county jail for not more than 90 days for each
separate offense, or by both such fine and imprisonment. Provided that the fine for each
separate offense for the third and all subsequent violations in any five-year period shall be
not less than five hundred dollars ($500.00) nor more than ten thousand dollars
($10,000.00).
7. Violator Liabilities - Damages, Attorney's Fees/Costs.
Any person subject to the regulatory program of the Act or the master program who
violates any provision thereof or permit issued pursuant thereto shall be liable for all
damage to public or private property arising from such violation, including the cost of
restoring the affected area to its condition prior to violation. The City Attorney shall bring
suit for damages under this section on behalf of the City. Private persons shall have the
Chapter 7—Administrative Provisions Page 147
right to bring suit for damages under this section on their own behalf and on the behalf of
all persons similarly situated. If liability has been established for the cost of restoring an
area affected by a violation, the court shall make provisions to assure that restoration will
be accomplished within reasonable time at the expense of the violator. In addition to
such relief, including money damages, the court in its discretion may award attorney's fees
and costs of the suit to the prevailing party.
I. Amendments to this Master Program
The City shall conduct a review of its master programs at least once every eight years as
required by RCW 90.58.080 (4)(b). Following the required review, the City shall, if necessary,
revise its master program to assure:
a. That the master program complies with applicable law and guidelines in effect at
the time of the review; and
b. Consistency of the master program with the comprehensive plan, development
regulations, and other local requirements.
Chapter 7—Administrative Provisions Page 148
Appendix A
City of Port Angeles Shoreline Master Program
Shoreline Environmental Designations Descriptions
Figure 1 . City of Port Angeles Shoreline Reaches
C D E
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w
F N
P
A
B
Segment A: Eastern reach (UC-LI)
Segment B: Eastern residential reach (SR)
Segment C: Industrial shoreline facing the Strait of Juan de Fuca (HI-I)
Segment D: Ediz Hook both inner and outer shorelines (UC-R)
Segment E: Ediz Hook east both inner and outer shorelines (HI-M)
Segment F: Southern shoreline of Mill pond (Parallel designations UC-R and SR)
Segment G: Wetland area between Hill Street and Marine Drive (UC-LI)
Segment H: Shorelines of the mill pond (HI-I)
Segment L Industrial shoreline facing the Harbor (HI-I)
Segment J: Boat Haven reach (HI-M)
Segment K: East shore of Valley Creek estuary (Parallel designations HI-UU and
UC-R))
Segment L: Downtown Reach (HI-MU)
Segment N: Central City Reach from Lincoln Street to the Rayonier Site (Parallel
designations including UC-R, SR, and HI-UU)
Segment O: Western portion of the Rayonier site east of Ennis Creek (HI-MU)
Segment P: East of Ennis Creek to eastern boundary of UGA (parallel designation
UC-R and SR)
Appendix Page 149
High-Intensity Industrial (HI-1) Environment
Segment C = Shoreline Designated HI-1 Facing the Strait of Juan de Fuca
Begins: Western edge of parcel 063000014600
Ends: Extension of eastern edge of DNR lease 29 (DNR Port Angeles Harbor Area
lease records map)
Segment H = Shoreline Designated HI-1 Facing the Lagoon
Begins: Extension of eastern edge of DNR lease 29 (DNR Port Angeles Harbor Area
lease records map), following north side of lagoon.
Ends: Line from lagoon to 200 ft west of lagoon 100 feet due north of northern edges of
parcels 063000102905 and 063000102900
Segment I = Shorelines Designated HI-1 Facing the Port Angeles Harbor
Begins: Center line of L Street right-of-way extended.
Ends: Eastern edge of parcel 063000011750
Segment C
Segment
Segment H
Lagoon shoreline `
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w
O
Appendix Page 150
High-intensity Marine (HI-M) Environment
Segment E. East Ediz Hook Reach
Begins: On both the north and south shores of Ediz Hook, extension of western edge of
parcel 06300000410, approximately 135 feet east of the Ediz Hook radio towers.
Ends: eastern tip of Ediz Hook.
III ��%!j/'��fl�lr��/i/y11I1i✓/ii////%%iii/'%�/%'///r%/ ii/////ilia/ i
jsJ r1i11111iFi r�yrJ✓i;���,,,i�/��ii//�///////////////////%//////��/ ���i %%///i%f'
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Segment J. Boat Haven Reach
Begins: Western edge of parcel 063000079620 (west boundary of the Boat Haven
Marina)
Ends: Southern edge of 063000001035 (center line of Valley Street).
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Appendix Page 151
High-Intensity Urban Uplands (HI-UU) Environment
Segment K
Parcels 063000001315, 063000001325, 063000001310, 063000001300, and
063000001302, and Front Street, 1 st/Front Alley, and Marine Drive right-of-way
within 200 feet of OHWM. The uplands adjacent to and east of Valley Creek Estuary
Park.
f
ix
4
Segment M. Urban Uplands.
Begins: East of Lincoln Street center line.
Ends: West edge of Vine Street extended.
Includes parcels south of the Olympic Discovery/Waterfront Trail not including the
marine b0ulff.
Segment N. Urban Uplands
Begins: Western edge of parcel 063000103326 above the top of the marine bluff.
Ends: Western edge of parcel 063000530345 where 200-foot shoreline jurisdiction and
top of marine bluff intersect.
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44P ..
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wr
Aiwa
6,.
,
a '
Appendix Page 152
High-intensity Mixed-Use (HI-MU) Environment
Segment L. Downtown Waterfront
Begins: West edge of Cherry Street right-of-way extended north.
Ends: East edge of Vine Street right-of-way extended north.
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ui uu�i ei� d II
e
uuuuuuuuuuu uuu uu uuuuuuuV'Vuuu uuuuuuuuu
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Segment O. Western Ennis Creek Reach (Former Rayonier Site)
Begins: The center line of the Water Street/Columbia Street alley extending from the top
of the marine bluff to the OHWM.
Ends: Center line of Ennis Creek.
VA
NOUN
1
w
Appendix Page 153
Urban Conservancy-Low Intensity (UC-LI) Environment
Segment A. Ocean View Reach - City Transfer Station and Ocean View Cemetery
Begins: City limits (western edge of parcel 073136330170)
Ends: East side of unopened "Q" Street right-of-way abutting the east end of Ocean
View Cemetery extended. (east of parcel 063000108700)
This reach is entirely owned by the City of Port Angeles.
_M
.h_ ..........
Segment G. Wetlands Between Marine Drive and Hill Street at the base of the
marine bluff.
Begins: Extension of western edge of parcel 063000014089
Ends: Parcel 063000012524
Lagoon " � Wetland //JJ
'nD
h St lah
Appendix Page 154
Urban Conservancy-Recreation (UC-R) Environment
Segment D. Ediz Hook Reach
Begins: North and south shore of Ediz Hook, from eastern edge of DNR lease 29
(Tesoro Tank farm entry)
Ends: Extension of western edge of parcel 063000000410, approximately 135 feet east
of radio tower enclosure fence.
s
Segment F. Shorelines Along the Lagoon Designated UC-R
Begins: Line from lagoon to 275 ft west of lagoon. 100 feet due north of northern
edges of parcels 063000102905 and 063000102900
Ends: Center line of K Street right-of-way (with the exception of parcels 063099002930,
063000102905, 063000102900, 063000014520, and 063000014575)
YAM
Ylt!
��JJJ JJJJJi IJJJ
1i a Illlfl� rrtrrflll- U11J,119J1i, IJ1J�111/i% %/%/ ,r---
1% 4th St
i f f`1i //%/ooe, 1(1111,o/11J IIJIJ% % //IIIIIIIIII O%%0(i t (/Ill'/////% J 0
v%i, 1 W101, J�/ Team
Appendix Page 155
Segment K. Shorelines facing the Valley Creek Estuary
Begins: East shore of Valley Creek estuary, east of Valley Street center line, excluding
Marine Drive ROW.
Ends: West side of Cherry Street right-of-way (extended) north of Front Street
Front
..
ip
r'
Segment M. Urban Conservancy Recreation
Begins: East of City Pier Park, (Chase Street ROW extended north).
Ends: West edge of Vines Street extended.
Segment N. Urban Conservancy Recreation
Begins: West edge of Vines Street extended
Ends: West edge of Rayonier Mill site.
Includes area north of and including the Waterfront/Olympic Discovery Trail and the
Victoria Street right-of-way to the top of the marine bluff and all of Francis Street
Park.
4t
Ap
F
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t
010#11 •,,,
Appendix Page 156
Segment P. Shorelines east of the center line of Ennis Creek to the east UGA
boundary.
Includes all lands upland of OHWM to the top of the marine bluff with the exception of
the area designated as Lee's Creek Sub-Reach.
i�ti n 11
titi5 �
ry.
Shoreline Residential (SR) Environment
Segment B. West Bluffs Reach west of Ediz Hook
Begins: Eastern side of unopened right-of-way east of Ocean View Cemetery.
Ends: Northern edge of parcel 063000940003 and northeastern edge of
063000102925.
G
Segment F. Shorelines areas south of the Lagoon Designated SR
Portions of parcels 063099002910, 063099002930, 063000102905, 063000102900,
063000014520, and 063000014575 that are located within 200 feet of the OHWM.
............
m///��form �IJ _. / 1111 J1rrr i,
(((1J1J111� 4th St
Appendix Page 157
Segment N. Shoreline Residential.
Begins: East of downtown. Includes all areas located above the top of the marine bluff
including street right-of-way (Does not include Olympic Medical Center site).
Ends: East side of Race Street right-of-way.
4f A
.,
. ,,,.,, „gym. "•,.,,,, ,... i. �,
Segment P. Eastern Reach. Rayonier site to east boundary of UGA.
Begins: East of Ennis Creek center line and above the top of marine bluff.
Ends: Eastern limit of Urban Growth Area. (east side of parcel 053008220020)
Lees Creek Sub-reach
Sub-segment P. Lees Creek sub-reach
Begins: Western edge of parcel 063012581015
Ends: Eastern edge of parcel 063012640400
Appendix Page 158
Aquatic-Harbor (AQ-H) Environment
All aquatic areas waterward of the OHWM within Port Angeles Harbor, which include
submerged lands lying westward of the city limit line extending from the easternmost tip
of Ediz Hook southward to the Port Angeles city limits at the shoreline as of January 1,
2012.
Aquatic-Conservancy (AQ-C) Environment
All aquatic areas below OHWM which are marine waters outside of Port Angeles Harbor
but within the City's Shoreline Jurisdiction. The City's Shoreline Jurisdiction extends
north to the international border.
The Aquatic Conservancy designation includes the lagoon at the base of Ediz Hook
Appendix Page 159
Appendix B. Inventory, Characterization, and analysis
Appendix C. Cumulative Impacts Analysis
Appendix D. Shoreline Restoration Plan
Appendix E. Environmentally Sensitive Areas Protection regulations November 29,
1991 and most recently amended by ordinance #3367 dated September
15, 2009
Appendix Page 160
Summary of Ordinance Adopted by the
Port Angeles City Council
On October 21, 2014
Ordinance No. 3514
THIS ORDINANCE of the City of Port Angeles, Washington, revises the City of Port Angeles
Shoreline Master Program by amending Ordinance 2033, as amended, and Port Angeles
Municipal Code 15.08.040.
This Ordinance shall be in force and take effect five days after publication.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Publish: November 30, 2014
L
NOV 5 2014
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CITY CLERK
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November 3, 2014
The Honorable Dan Di Guilio
City of Port Angeles
321 East Fifth Street
Port Angeles, WA 98362
Re: Final Ecology Approval of City of Port Angeles Shoreline Master Program
Comprehensive Update
Dear Mayor Di Guilio:
The Department of Ecology(Ecology) is pleased to announce final approval of the City of Port
Angeles' (City) Shoreline Master Program (SMP)update. Congratulations to you,your staff,
and the community for completing this comprehensive update. We know this has been a long
and challenging process. We appreciate your commitment to planning for Washington's unique
and valuable shorelines.
As you know,the following correspondence regarding the SMP update took place between
Ecology and the City:
• February 5, 2013 —Ecology accepted the City's locally adopted SMP update as complete
for purposes of review(adopted as Resolution No. 13-12).
• September 12,2014—Ecology conditionally approved the City's comprehensive SMP
update with specific required changes.
• October 22, 2014—The City sent a letter to Ecology agreeing to all of Ecology's
required changes, and proposing alternative language in the form of reinstating
one provision that had been removed from the locally adopted SMP.
Upon review, Ecology finds the City's proposed alternative language to be consistent with the
purpose and intent of the changes required by Ecology and with the policy of RCW 90.58.020
and applicable rules. Ecology therefore approves the City's comprehensive SMP update, which
includes the agreed to required changes and the City's proposed additional language. This action
represents Ecology's final decision and there shall be no further modifications to the City's
proposal.
The Honorable Dan Di Guilio
November 3, 2014
Page 2
The effective date of the City's comprehensive SMP update is fourteen days from the date
of this letter,Ecology's final approval letter. This fourteen day period was established by
legislative action in 2011, and is intended to provide lead time for the City to prepare to
implement the new SMP.
Ecology is required to promptly publish notice that the City's SMP has received final approval. The
notice,in the form of a legal ad,will begin a 60-day appeal period. We will provide a copy of the
legal ad to the City for its records.
Finally,please integrate the changes referenced in this correspondence into the City's SMP proposal
and forward two clean hard copies and one digital copy of the complete approved SMP to Ecology,
at your earliest convenience.
Thank you again for your significant work and leadership in completing this SMI,update. If you
have any questions,please contact our regional planner,Chrissy Bailey,at
Chrissy.Baile ecy.wa.gov or
(360)407-0290.
Sincerely,
l
Maia D. Bellon
Director
Enclosure
By Certified Mail [7012 1010 0003 3028 3713]
cc: Nathan West, City of Port Angeles
Chrissy Bailey, Ecology
Paula Ehlers, Ecology