HomeMy WebLinkAbout2869ORDINANCE NO. 2869
AN ORDINANCE of the City of Port Angeles, Washington, adopting a new
City of Port Angeles Shoreline Master Program and amending
Ordinance 2033 as amended and Chapter 15.08 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
HEREBY ORDAIN as follows:
Section 1. Section 3 of Ordinance 2033 as amended and PAMC 15.08.040 as
hereby amended to read as follows:
15.08.040 G a' County City of Port Angeles Shoreline Master Program,
Adopted.
21, 1976; Rcsolution No. 101, April 4,1978; Rcselutiee Ne. 336, Dcccmbcr 4, 1978; and
. . .
The City of Port Angeles
Shoreline Master Program. which is attached hereto as Exhibit A. is hereby adopted as
the Shoreline Master Program for the City. All references in the Shoreline Master
Program to "Shoreline Administrator" of "County " shall mean the Planning
Director for the City of Port Angeles or his/her designee.
Section 2. Section 5 of Ordinance 2033 and PAMC 15.08.050 are hereby
amended to read as follows:
15.08.050Defmitions. In addition to those definitions contained within RCW
90.58.030and WAC 173 -14 -030, the following terms shall have the following meanings,
unless the context indicates otherwise:
A. "Advisory committee" means the Port Angeles City Planning Commission.
B. "Council" means the City Council of the City.
C. "Local government" means the City.
D. "Master Program" means the
C'a' -Ceuety- City of Port Angeles Shoreline Master Program and the use regulations,
r
together with maps, charts, diagrams or other descriptive material and text; a statement
of desired goals and standards developed in accordance with the policies enunciated in
RCW 90.58.020as adopted and amended by the City.
Section 3. Section 7 of Ordinance 2033 and PAMC 15.08.070 are hereby
amended to read as follows:
15.08.070 Shoreline Advisory Committee.
A. The Council appoints the Planning Commission as the Shorelines Advisory
Committee, which shall consider applications and make recommendations regarding
permits, based on the policies contained under Chapter 90.58 RCW, the provisions of
Chapter 173 -14 WAC and the
City of Port Angeles
Shoreline Master Program, as adopted and amended by the City.
Section 4 - Severability. If any provisions of this Ordinance, or its application
to any person or circumstances, is held invalid, the remainder of the Ordinance, or
application of the provisions of the Ordinance to other persons or circumstances, is not
affected.
Section 5 - Effective Date. This Ordinance shall take effect five days after
publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting
of said Council held on the 23rd day of May , 1995.
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MAYOR
ATTEST:
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Becky J.
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APPROVED AS TO FORM:
/17/1Z?;:-
Craig D. Anutson, City Attorney
PUBLISHED: May 28, 1995
(By Summary)
ORD95.03
2
Exhibit "A"
CITY OF PORT A NGETES
SHORELINE MASTER PROGRAM UPDATE
This draft Shoreline Master Program was funded in part through a
cooperative agreement with the National Oceanic Atmospheric
Administration.
The views expressed herein are those of the City of Port Angeles and do
not necessarily reflect the views of NOAA or any of its sub - agencies.
PREPARED FOR CITY 01? PORT ANGELES BY MAYEBS ARCHITECTURE AND
URBAN DESIGN
TABLE OF CONTENTS
CHAPTER 1- INTRODUCTION 1
A. PURPOSE OF THE SHORELINE MANAGEMENT ACT 1
B. SHORELINE MANAGEMENT ACT ADMINISTRATION 1
C. SHORELINE MANAGEMENT SCOPE 2
D. LOCAL SHORELINE MASTER PROGRAMS 2
CHAPTER 2 - DEFINITIONS 5
CHAPTER 3 - GOALS 25
A. SHORELINE USE ELEMENT 25
B. ECONOMIC DEVELOPMENT ELEMENT 26
C. CIRCULATION ELEMENT 26
D. CONSERVATION 27
E. PUBLIC ACCESS ELEMENT 27
F. RECREATIONAL ELEMENT 28
H. HISTORICAL/CULTURAL ELEMENT 28
CHAPTER 4 - GENERAL POLICIES AND REGULATIONS 29
A. UNIVERSALLY APPLICABLE REGULATIONS 29
B. ARCHAEOLOGICAL AND HISTORICAL RESOURCES 29
C. CLEARING AND GRADING 31
D. ENVIRONMENTAL IMPACTS 33
E. ENVIRONMENTALLY SENSITIVE AREAS 35
F. KELP BEDS, FFT GRASS BEDS, HERRING SPAWNING AREAS,
SMELT SPAWNING AREAS, SHELLFISH AREAS AND
OTHER CRITICAL SALTWATER HABITATS 39
G. MARSHES, BOGS AND SWAMPS 43
H. SALMON AND STEELHEAD HABITATS 48
I. PARKING 51
J. PUBLIC ACCESS 52
K. SHORELINES OF STATE -WIDE SIGNIFICANCE 55
L. SIGNAGE 56
M. UTILITIES - ACCESSORY 58
N. WATER QUALITY 59
CHAPTER 5 - ENVIRONMENT DESIGNATIONS 60
A. AUTHORITY 60
B. CLASSIFICATIONS METHODOLOGY 60
C. DESIGNATION MAP 62
D. URBAN HARBOR (UH) 63
E. URBAN SHORELINE PROTECTION (U -SP) 65
F. AQUATIC HARBOR (AH) 66
G. AQUATIC - CONSERVANCY ENVIRONMENT(A -C) 68
H. ENVIRONMENT DESIGNATION MATRICES 70
CHAPTER 6 - SHORELINE USE POLICIES AND REGULATIONS 76
A. AQUACULTURE 76
B. BOATING FACILITIES 79
C. COMMERCIAL DEVELOPMENT 85
1
D. FLOOD HAZARD MANAGEMENT 87
E. INDUSTRY 89
F. RECREATIONAL DEVELOPMENT 93
G. RESIDENTIAL DEVELOPMENT 94
H. TRANSPORTATION FACILITIES 97
I. UTILITIES, PRIMARY 99
CHAPTER 7 - SHORELINE MODIFICATION ACTIVITY REGULATIONS 103
A. INTRODUCTION 103
B. GENERAL MODIFICATION PROVISIONS 104
C. SHORELINE STABILIZATION AND SHORELINE PROTECTION 107
D. SHORELINE RESTORATION AND ENHANCEMENT 107
E. BIOENGINEERING 109
F. REVETMENTS 110
G. BULKHEADS 112
H. BREAKWATERS, ROCK WEIRS AND GROINS 115
I. DREDGING AND DREDGE MATERIAL DISPOSAL 118
J. LANDFILL 124
K. PIERS, WHARVES, DOCKS, FLOATS AND BUOYS 127
I
CITY OF PORT ANGELES
SHORELINE MASTER PROGRAM
The Port Angeles Shoreline Master Program was prepared under the guidance of a citizens advisory
committee who met regularly with the City and the project consultant team during Master Program
development. The City would like to thank the members of the citizens advisory committee and all
the other project participants for their assistance in the completion of this project.
Shoreline Citizen Advisory Committee:
Carol Brown
Jack Glaubert
Martha Hurd
Brian Jones
Louise Meyer
Staff:
Dean Reed
Gordon Phares
Pete Schroeder
Ken Sweeney
John Emerson, Project Manager
Brad Collins, Planning Director
Sue Roberds, Planning Office Specialist
Adopted by Ordinance No. 2869
May 23, 1995
Questions regarding this Master Program should be directed to:
City of Port Angeles
321 E. Fifth Street
Port Angeles, WA 98362
(206) 457 -0411
PREPARED FOR THE CITY OF PORT ANGELES
BY MAKERS ARCHITECTURE AND URBAN DESIGN
TABLE OF CONTENTS
CHAPTER 1- INTRODUCTION 1
A. PURPOSE OF THE SHORELINE MANAGEMENT ACT 1
B. SHORELINE MANAGEMENT ACT ADMINISTRATION 1
C. SHORELINE MANAGEMENT SCOPE 2
D. LOCAL SHORELINE MASTER PROGRAMS 2
CHAPTER 2 - DEFINITIONS 5
CHAPTER 3 - GOALS 25
A. SHORELINE USE ELEMENT 25
B. ECONOMIC DEVELOPMENT ELEMENT 26
C. CIRCULATION ELEMENT 26
D. CONSERVATION 27
E. PUBLIC ACCESS ELEMENT 27
F. RECREATIONAL ELEMENT 28
H. HISTORICAL/CULTURAL ELEMENT 28
CHAPTER 4 - GENERAL POLICIES AND REGULATIONS 29
A. UNIVERSALLY APPLICABLE REGULATIONS 29
B. ARCHAEOLOGICAL AND HISTORICAL RESOURCES 29
C. CLEARING AND GRADING 31
D. ENVIRONMENTAL IMPACTS 33
E. ENVIRONMENTALLY SENSITIVE AREAS 35
F. KELP BEDS, EELGRASS BEDS, HERRING SPAWNING AREAS,
SMELT SPAWNING AREAS, SHELLFISH AREAS AND
OTHER CRITICAL SALTWATER HABITATS 39
G. MARSHES, BOGS AND SWAMPS 43
H. SALMON AND STEELHEAD HABITATS 48
I. PARKING 51
J. PUBLIC ACCESS 52
K. SHORELINES OF STATE -WIDE SIGNIFICANCE 55
L. SIGNAGE 56
M. UTILITIES - ACCESSORY 58
N. WATER QUALITY 59
CHAPTER 5 - ENVIRONMENT DESIGNATIONS 60
A. AUTHORITY 60
B. CLASSIFICATIONS METHODOLOGY 60
C. DESIGNATION MAP 62
D. URBAN HARBOR (UH) 63
E. URBAN SHORELINE PROTECTION (U -SP) 65
F. AQUATIC HARBOR (AH) 66
G. AQUATIC - CONSERVANCY ENVIRONMENT(A -C) 68
H. ENVIRONMENT DESIGNATION MATRICES 70
CHAPTER 6 - SHORELINE USE POLICIES AND REGULATIONS 76
A. AQUACULTURE 76
B. BOATING FACILITIES 79
C. COMMERCIAL DEVELOPMENT 85
1
D. FLOOD HAZARD MANAGEMENT 87
E. INDUSTRY 89
F. RECREATIONAL DEVELOPMENT 93
G. RESIDENTIAL DEVELOPMENT 94
H. TRANSPORTATION FACILITIES 97
I. UTILITIES, PRIMARY 99
CHAPTER 7 - SHORELINE MODIFICATION ACTIVITY REGULATIONS 103
A. INTRODUCTION 103
B. GENERAL MODIFICATION PROVISIONS 104
C. SHORELINE STABILIZATION AND SHORELINE PROTECTION 107
D. SHORELINE RESTORATION AND ENHANCEMENT 107
E. BIOENGINEERING 109
F. REVETMENTS 110
G. BULKHEADS 112
H. BREAKWATERS, ROCK WEIRS AND GROINS 115
I. DREDGING AND DREDGE MATERIAL DISPOSAL 118
J. LANDFILL 124
K. PIERS, WHARVES, DOCKS, FLOATS AND BUOYS 127
G 1f
Chapter 1
Introduction
A. Purpose of the Shoreline Management Act
In 1969, the Washington State Supreme Court decided in the case of Wilbur v. Gallagher (77
Wn 2d 302), commonly known as the "Lake Chelan Case ", that certain activities along
shorelines were contrary to the public interest. The court findings required that the public
interest be represented in the proper forum for determining the use of shoreline properties. The
ramifications of these decisions were significant in that developers, environmentalists, and other
interested parties began to recognize, although probably for different reasons, the need for a
comprehensive planning and regulatory program for shorelines.
In June, 1971, the state legislature approved just such a regulatory program when it passed into
law the "Shoreline Management Act of 1971 (SMA) ". The Act carried with it provisions for
a vote by the people and in November 1972 the issue was put to Washington voters who
approved the legislature's "Shoreline Management Act" by an approximate 2 to 1 margin.
The Act's paramount objectives are to protect and restore the valuable natural resources that
shorelines represent and to plan for and foster all "reasonable and appropriate uses" that are
dependent upon a waterfront location or which will offer the opportunities for the public to enjoy
the state's shorelines. With this clear mandate, the provisions of the SMA established a planning
and regulatory permit program, which is initiated at the local level under state guidance.
B. Shoreline Management Act Administration
Administration of the SMA is a cooperative effort balancing local and state -wide interests in the
management and development of shoreline areas by requiring local governments to plan (via
Shoreline Master Programs) and regulate (via permits) shoreline development. Local
government actions are monitored by the Washington Department of Ecology (Ecology), which
approves new or amended SMPs, reviews substantial development permits, and approves
conditional use permits and variances. The master program is essentially a shoreline
comprehensive plan with a distinct environmental orientation applicable to shoreline areas and
customized to local circumstances. Collectively, the local master programs comprise the State
Shoreline Master Program. Under the law, each city and county in Washington State is
responsible for the following:
1. Administration of a shoreline permit system for proposed substantial development
and uses within shoreline jurisdiction.
2. Development of an inventory of natural characteristics and land use patterns along
Shoreline Master Program Page 1
Chapter 1 - Introduction
those designated water bodies.
3. Preparation of a Shoreline Master Program to manage the uses and activities on
local shorelines.
C. Shoreline Management Act Scope
The Shoreline Management Act covers all shorelines of the state, including "shorelines" and
"shorelines of state -wide significance ". Provisions of the Act apply to the following
geographical shoreline areas [RCW 90.58.030 (2)]:
1. All marine waters of the state, together with the lands underlying them;
2. Streams and rivers with a mean annual flow of twenty (20) cubic feet per second
(cfs) or more;
3. Lakes and reservoirs larger than twenty (20) acres in area; and
4. Wetlands associated with all of the above (this is a specific SMA term which
includes related upland, shoreland and wetland areas), all lands within 200 feet
of the ordinary high water mark (OHWM) of any water meeting the criteria of
1, 2 or 3 above, and any specifically designated floodplain areas.
D. Local Shoreline Master Programs
The SMA sets up a process for managing development of the state's shorelines through state
monitored, locally administered permitting programs. Local governments are required to
prepare a detailed shoreline inventory and a "Shoreline Master Program" to manage shoreline
development. Based upon the inventory of local shorelines, a system for categorizing various
segments of the shoreline is established through application of shoreline environment
designations. The Act specifies that master programs include policy statements (i.e. the required
"elements ") that take into account economic development, public access, circulation and
transportation, recreation, shoreline use, conservation, and historical and cultural aspects of the
shoreline area [RCW 90.58.100 (2)]. From these policy statements, regulations are developed
which establish appropriate permitted uses within each shoreline environment.
The City of Port Angeles' 1993 Shoreline Master Program represents an update of the City's
original Master Program which was adopted in 1979. The 1993 Master Program update involves
a much higher level of detail than the preceding Master Program in an effort to respond to the
City's current shoreline management challenges. It incorporates designations that promote
intensive mixed use in the harbor area while emphasizing environmental protection along
Page 2 Shoreline Master Program
1
Chapter 1 - Introduction
sensitive shorelines; more detailed general provisions that regulate key issues such as parking,
clearing and grading, environmentally sensitive areas and public access; specific use provisions
that promote more intensive mixed use development in the harbor; and shoreline modification
provisions that recognize the dynamic hydrological and geological nature of Port Angeles'
shorelines.
The specifics of existing and prior activities on the shoreline were documented through
background knowledge of the City Staff, discussions with Shoreline Committee members, and
an inventory conducted by a private consulting firm retained by the City. The planning process
emphasized extensive involvement by the Shoreline Citizen's Advisory Committee (SCAC). The
SCAC included representatives from a diverse range of organizations and businesses, and SCAC
meetings provided a forum for debating key issues. This committee met with City staff and the
consultant team on a regular basis to provide guidance and review from November 1993 through
June 1994 at which time the Master Program update was submitted to the Port Angeles Planning
Commission for review.
Upland
Environment
■
Aquatic
Environment
Ordinary High Water Mark
(Mean Higher High Tide)
The Aquatic Environments extend waterward of
the Ordinary High Water Mark (Mean Higher
High Tide).
Shoreline Master Program Page 3
Chapter 2
DEFINITIONS
Accessory Dwelling Unit - Separate living quarters contained within or detached from a single -
family residence on a single lot, containing less than 800 square feet of floor area excluding
accessory buildings, and shares a single driveway with the primary residence; provided no
mobile home or recreational vehicle shall be an accessory dwelling unit.
Accessory Building or Use - One which is subordinate to, and serves a principal building or
principal use, and is subordinate in area, extent or purpose to the principal building or principal
use served, and is located on the same zoning lot as the principal building or principal use
served. An accessory building or use includes, but is not limited to the following:
1. A children's playhouse, garden house, or private greenhouse;
2. A garage, carport, or a building for storage incidental to permitted use;
3. Incinerators incidental to a permitted use;
4. Storage of goods used in or produced by manufacturing activities, on the
same zoning lot with such activities, unless such storage is excluded by
the district regulations;
5. Off - street motor vehicle parking areas and loading facilities; and
6. Signs as permitted and regulated in each district in these Regulations;
Accretion - The growth of a beach by the addition of material transported by wind and /or water.
Included are such shoreforms as barrier beaches, points, spits, hooks, and tombolos.
Act - The Shoreline Management Act, Chapter 90.58 RCW. [WAC 173 -14- 030(1)].
Adjacent Lands - Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction).
The SMA directs local governments to develop land use controls i.e. zoning, etc., for such
lands consistent with the policies of the SMA, related rules, and the local master program. See
RCW 90.58.340.
Anadromous Fish - Species, such as salmon, which are born in fresh water, spend a large part
of their lives in the sea, and return to fresh water rivers and streams to procreate.
Applicant - 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)(d)].
Appurtenance - A structure or development which is necessarily connected to the use and
Shoreline Master Program Page 5
Chapter 2 - Definitions
enjoyment of a single- family residence. Normal appurtenances include a garage, boathouse,
pier, deck, driveway, utilities, fences, and grading which does not exceed two hundred fifty
cubic yards (except to construct a conventional drainfield). [WAC 173- 14- 040(1g)].
Aquaculture - The cultivation of fish, shellfish, and/or other aquatic animals or plants, including
the harvesting and incidental preparation of these products for human use.
Average Grade Level (Average Elevation Level) - The average of the natural or existing
topography of the portion of the lot, parcel, or tract of real property which will be directly under
the proposed building or structure: Provided, that in case of structures to be built over water,
average grade level shall be the elevation of ordinary high water. Calculation of the average
grade level shall be made by averaging the elevations at the center of all exterior walls of the
proposed building or structure [WAC 173 -14- 030(3)]. Structures within shoreline jurisdiction
shall comply with the definition contained herein.
Backshore - The accretion or erosion zone, located landward of the line of ordinary high tide,
which is normally wetted only by storm tides. It may take the form of a more or less narrow
storm berm (ridge of wave - heaped sand and /or gravel) under a bluff or it may constitute a
broader complex of berms, marshes, meadows, or dunes landward of the line of ordinary high
tide. It is part of the littoral drift process along its seaward boundary.
Beach - The zone of unconsolidated material that is moved by waves, wind, and tidal currents,
extending landward to the coastline.
Beach Enhancement /Restoration - Process of restoring a beach to a state more closely
resembling a natural beach, using beach feeding, vegetation, drift sills, and other non - intrusive
means as applicable.
Beach Feeding - Process of replenishing a beach by delivery of materials dredged or excavated
elsewhere.
Bedlands - Bed of navigable waters.
Beach Scarp - A steep slope produced by wave erosion.
Benthic Organism - Organisms that live in or on the bottom of a body of water.
Berm - A linear mound or series of mounds of sand and /or gravel generally paralleling the water
at or landward of the line of ordinary high tide. Also, a linear mound used to screen an adjacent
activity, such as a parking lot, from transmitting excess noise and glare.
Page 6 Shoreline Master Program
1 11
Chapter 2 - Definitions
Best Available Technology - The most effective method, technique, or product available which
is generally accepted in the field, and which is demonstrated to be reliable, effective, and
preferably with low maintenance.
Bioassay - Laboratory tests involving exposure of select organisms to a sample of water or
sediment to determine the potential for acute or chronic effects. Bioassays are typically run on
potentially contaminated materials proposed for water discharge or disposal. Testing protocols
are also available to assess dredged material proposed for upland disposal.
Bioengineering - The use of natural, regenerating vegetation to stabilize or protect the shoreline
from erosion.
Biofiltration System - A stormwater or other drainage treatment system that utilizes as a
primary feature the ability of plant life to screen out and metabolize sediment and pollutants.
Typically, biofiltration systems are designed to include grassy swales, retention ponds, and other
vegetative features.
Boat Launch or Ramp - Graded slopes, slabs, pads, planks, or rails used for launching boats
by means of a trailer, hand, or mechanical device.
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 sometimes represents the final
stage of the natural process of eutrophication by which lakes and other bodies of water are very
slowly transformed into land areas.
Breakwater - Offshore structure usually aligned parallel to shore, sometimes shore - connected,
that provides protection from waves.
Buffer Area - A parcel or strip of land that is designed and designated to permanently remain
vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site
from upland impacts and to provide habitat for wildlife.
Bulkhead - A solid or open pile wall erected generally parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from waves or current action. A
normal protective bulkhead is constructed at or near OHW to protect land from erosion, not for
the purpose of creating land.
CFR - Code of Federal Regulations.
Shoreline Master Program
Page 7
T 1f
Chapter 2 - Definitions
Channel - An open conduit for water either naturally or artificially created, but does not include
artificially created irrigation, return flow, or stockwatering channels. [WAC 173- 14- 030(8)(b)].
See also Stream.
City - The City of Port Angeles.
Clean Water Act - The primary federal law providing water pollution prevention and control;
previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq.
Clearing - Clearing is an activity associated with property modification or maintenance.
Clearing means the destruction or removal of vegetative ground cover and /or trees including,
but not limited to, root material removal and /or topsoil material.
Coastline - The line where terrestrial processes give way to marine processes, tidal currents,
wind waves, etc.
Community Structure - A building, dock, or other structure which is intended for the common
use of the residents of a particular subdivision or community. It is not intended to serve as a
public facility.
Conditional Use - A use or the expansion of a use permitted on shorelines which, because of
certain characteristics requires a special degree of control to make it consistent with the intent
and provisions of the Act and these regulations and compatible with other uses permitted on
shorelines. Any use which requires a substantial development permit to which "conditions" are
attached is considered to be a conditional use.
Conditional Use Permit - Local governments are authorized under the SMA to include
provisions for authorizing land uses and developments that may be permitted by conditional use
permits (C.U.P.). The purpose of the conditional use permit is to allow greater flexibility in
varying the application of the use regulations of the Master Program.
Covered Moorage - Boat moorage, with or without walls, that has a roof to protect the vessel.
Critical Area Ordinances - Ordinances adopted by the City of Port Angeles to protect the city§
critical areas in accordance with the Washington State Growth Management Act. Ordinances
include the Wetland§ Protection Ordinance: Ord. #2655, Chapter 15.24 and Environmentally
Sensitive Areas Ordinance: Ord. #2656, chapter 15.20 PAMC.
Page 8 Shoreline Master Program
Chapter 2 - Definitions
Critical Salt Water Habitats -
1. Kelp beds (members of the brown algae family Laminariales, including Alaria marginata,
Alaria nana, Alaria tenuifolia, Egregia menziesii, Eisenia arborea, Pterygophora
californica, Agarum cribosum, Agarum fimbriatum, Costaria costata, C)Imathere
triplicata, Hedophyllum sessile, Laminaria spp., Pleurophycus gardneri, Dictyoneuropsis
reticulata, Dictyoneurum californicum, Lessioniopsis littoralis, Macrocystis integrifolia,
Nereocystis luetkeana and Postelsia palmaeformis). Kelp beds are found in marine and
estuarine intertidal and subtidal areas with a depth of up to 15 meters below mean lower
low water (MLLW). The beds can be found on various bottom materials including rocks,
boulders, mixed -fines (mixed sand and mud with little gravel), mixed coarse (mixed
cobbles, gravel, shell and sand) and cobble.
2. Eelgrass beds (Zostera spp.). Eelgrass beds are found in marine and estuarine intertidal
and subtidal areas. Zostera marina tends to favor the lower parts of intertidal areas and
Zosterajaponica. higher elevation parts. Zostera spp. are generally found no deeper than
4 meters below mean lower low water (MLLW). Zostera spp. beds can be found on
mud bottoms, sand bottoms and mixed -fine (mixed sand and mud with little gravel)
bottoms. Zostera has also been found in subtidal areas with beds of finer material
offshore of mixed coarse (mixed cobbles, gravel, shell and sand) intertidal areas.
3. Surf smelt (Hvpomesus pretiosus) spawning beds. Surf smelt spawning beds are located
in the upper portions of sand or gravel beaches (intertidal areas) on salt water.
4. Pacific herring (Clupea harengus pallasi) spawning beds. Pacific herring spawning beds
include the lower portions of salt water beaches (intertidal areas), eelgrass beds, kelp
beds, other types of salt water vegetation such as algae and other bed materials such as
subtidal worm tubes.
5. Pacific sand lance (Ammodytes hexapterus) spawning beds. Pacific sand lance spawning
beds are located in the upper portions of sand or gravel beaches (intertidal areas) on salt
water.
6. Rock sole (Lepidopsetta bilineata) spawning beds. Rock sole spawning beds are located
in the upper and middle portions of sand or gravel beaches (intertidal areas) on salt
water.
7. Rockfish (Sebastes spp.) settlement and nursery areas. Rockfish settlement and nursery
areas are located in kelp beds, in eelgrass beds, on other types of salt water vegetation
and on other bed materials.
Shoreline Master Program Page 9
Chapter 2 - Definitions
8. Lingcod (Ophiodon elongatus) settlement and nursery areas. Lingcod settlement and
nursery areas are located on beaches (intertidal areas) and subtidal areas with beds of
sand, eelgrass, subtidal worm tubes or other bed materials.
9. Shellfish beds. The following shellfish beds are included: the Pacific oyster
(Crassostrea gigas), the Olympia oyster (Ostrea lurida), the razor clam (Silqua patula),
the native little neck clam (Protothaca staminea), the Manila clam (Venerupis japonica),
the butter clam (Saxidomus giganteus), the Geoduck (Panope generosa), the horse clam
(Schizothaerus nuttalli and Schizothaerus capax), the cockle (Clinocardium nuttalli), the
macoma (Macoma spp.) and the eastern soft shell clam (Mya arenaria).
Degrade - To scale down in desirability or salability, to impair in respect to some physical
property or to reduce in structure or function.
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 of the state subject to Chapter
90.58 RCW at any state of water level. [RCW 90.58.030(3)(d)].
Director - The City of Port Angeles Director of Planning.
Dolphin - A cluster of piles bound together.
Downdrift - The direction of movement of beach materials.
Dredge Spoil - The material removed by dredging. Same as Dredge Material.
Dredging - Excavation or displacement of the bottom or shoreline of a water body. Dredging
can be accomplished with mechanical or hydraulic machines. Most dredging is done to maintain
channel depths or berths for navigational purposes; other dredging is for shellfish harvesting or
for cleanup of polluted sediments.
Drift Sector - A particular reach of marine shore in which littoral drift may occur without
significant interruption, and which contains any and all natural sources of such drift, and also
any shoreform(s) accreted by such drift. Each normal drift sector contains these shore process
elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform.
Drift Sills - Small groins which hold sediments in place without blocking longshore drift.
Page 10 Shoreline Master Program
Chapter 2 - Definitions
Driftway - That portion of the shore process corridor, primarily that lower backshore and the
upper intertidal area, through which sand and gravel are transported by the littoral drift process.
It is the critical link between the feeder bluff and the accretion shoreform.
Dune - A hill or ridge of sand piled up by the wind and /or wave action.
Ecology (WDOE) - The Washington State Department of Ecology, also referred to as the
Department.
Effluent - The liquid that flows out of a facility or household into a water body or sewer
system. For example, the treated liquid discharged by a wastewater treatement plant is the
plant§ effluent.
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 master
program. Emergency construction is construed narrowly as that which is necessary to protect
property from the elements. [RCW 90.58.030(3)(e)(iii); WAC 173- 14- 040(1)(d)].
Enhancement Alteration of an existing wetland or habitat to improve or increase its
characteristics and processes without degrading other existing functions. Enhancements are to
be distinguished from wetland /habitat creation or restoration projects.
Envelope - The enclosing shell of a building's volume.
Erosion - The wearing away of land by the action of natural forces.
Estuary - The zone in which fresh water and saltwater mingle and affect the total land and water
habitat.
Estuarine Zone, Estuary - The zero-gradient sector of a stream where it flows into a standing
body of water together with associated wetlands; tidal flows reverse flow in this zone twice
daily, determining its upstream limit. It is characterized by low bank channels branching off the
main streamway to form a broad, near -level delta; bank; bed and delta materials are typically
silt and clay, banks are stable, vegetation ranges from marsh to forest, and water is usually
brackish due to daily mixing and layering of fresh and salt water. Estuarine shores are rich in
aquatic and other bird and animal life, and in their natural condition are the most productive of
all shoreline habitats in terms of the marine food chain.
Exemption - Certain developments are exempt from the definition of substantial developments
and therefore are exempt from the substantial development permit process of the SMA. An
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Chapter 2 - Definitions
activity that is exempt from the substantial development provisions of the SMA must still be
carried out in compliance with policies and standards of the Act and the local master program.
Conditional use and /or variance permits may also still be required even though the activity does
not need a substantial development permit. [RCW 90.58.030(3)(e); WAC 173 -14- 030(6); 040].
Extreme Low Tide - The lowest line on the land reached by a receding tide. [RCW
90.58.030(2)(a)]. For the purposes of the Shoreline Master Program, it is the contour 4.5 feet
below mean Lower Low Water. [WAC 332 - 30-106 (18)].
Fair Market Value - The expected price at which the development can be sold to a willing
buyer. For developments which involve nonstructural operations such as dredging, drilling,
dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform
the operation or where no such value can be calculated, the total of labor, equipment use,
transportation, and other costs incurred for the duration of the permitted project. [WAC
173 -14- 030(7)] .
Feeder Bluff, Erosional Bluff - Any bluff (or cliff) experiencing periodic erosion from waves,
sliding or slumping, whose eroded earth, sand or gravel material is naturally transported (littoral
drift) via a driftway to an accretion shoreform. These natural sources of beach material are
limited and vital for the long term stability of driftways and accretion shoreforms.
Fetch Length - The horizontal distance along open water over which the wind blows and
generates waves.
Floating Home - A floating structure, not a vessel, typically characterized by permanent utilities
and a semi- permanent anchorage /moorage design, and by the lack of adequate self- propulsion
to operate as a vessel.
Floodplain - Synonymous with one hundred -year floodplain and meaning that land area
susceptible to being inundated by stream derived waters with a one percent chance of being
equaled or exceeded in any given year. The limits of this area are based on flood regulation
ordinance maps or a reasonable method that meets the objectives of the SMA. [WAC
173 -22- 030(2)].
Floodway - Those portions of the area of a river valley lying streamward 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. The floodway is identified, under
normal conditions, by changes in surface soil conditions or changes in types or quality of
vegetative ground cover conditions. The floodway does not include lands that can reasonably
be expected to be protected from flood waters by flood control devices maintained by or under
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Chapter 2 - Definitions
license from the federal government, the state, or a political subdivision of the state. The limits
of the floodway are based on flood regulation ordinance maps or by a reasonable method which
meets the objectives of the SMA. [RCW 90.58.030(2)(g); WAC 173 -22- 030(3)].
Foreshore - In general terms, the beach between mean higher high water and mean lower low
water.
Forest Practice - Any activity conducted on or directly related to forest land and relating to
growing, harvesting, or processing timber. These activities include but are not limited to: road
and trail construction, final and intermediate harvesting, pre commercial thinning, reforestation,
fertilization, prevention and suppression of disease and insects, salvage of trees, and brush
control. See WAC 222 -16- 010(21).
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.
Grading - Grading is an activity associated with property modification or maintenance. Grading
means the physical manipulation of the earth's surface and /or surface drainage pattern without
significantly adding or removing on -site materials.
Grassy Swale - A vegetated drainage channel designed to remove various pollutants from storm
water runoff through biofiltration.
Groin (also referred to as a spur dike or rock weir) - A barrier -type structure extending from
the backshore or streambank into a water body for the purpose of the protection of a shoreline
and adjacent upland by influencing the movement of water and /or deposition of materials.
HPA - Hydraulic Project Approval. The permit issued by the Washington State Departments
of Fisheries and Wildlife pursuant to the State Hydraulic Code RCW 75.20.100 -140.
Habitat - The place or type of site where a plant or animal naturally or normally lives and
grows.
Height - The distance measured from the average grade level to the highest point of a structure.
Television antennas, chimneys, and similar appurtenances shall not be used in calculating height
except where they obstruct the view of residences adjoining such shorelines. Temporary
construction equipment is excluded in this calculation. [WAC 173 -14- 030(9)]. For all over -
water structures, height shall be measured from ordinary high water mark.
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Chapter 2 - Definitions
Hook - A spit or narrow cape of sand or gravel which turns landward at outer end.
Houseboat - A vessel used for living quarters but licensed and designed substantially as a mobile
structure by means of detachable utilities or facilities, anchoring, and the presence of adequate
self - propulsion to operate as a vessel.
Hydric Soil - Soil that is wet long enough to periodically produce anaerobic conditions, thereby
influencing the biota.
Intertidal - The vertical zone between average high and average low tides. The intertidal zone
of a stationary structure or bank is subject to alternate wetting and drying.
Jetty - A structure(s) projecting out into the sea at the mouth of a river for the purpose of
protecting a navigation channel, a harbor, or to influence water currents.
Lagoon - See Tidal Lagoon.
Landfill - The placement of soil, sand, rock, gravel, existing sediment or other material
(excluding solid waste) to create new land, tideland or bottom land area along the shoreline
below the OHWM, or on wetland or upland areas in order to raise the elevation.
Levee - A large dike or embankment, often having an access road along the top, which is
designed as part of a system to protect land from floods.
Littoral - Living on, or occurring on, the shore.
Littoral Drift - The movement of mud, sand, or gravel material parallel to the shoreline in the
nearshore zone by waves and currents.
Live - aboard - A person whose principal dwelling is a vessel, a floating home or a houseboat.
Marine Travel Lift - A mechanical device which can hoist vessels off trailers and transport
them into the water. Often associated with dry-land moorage.
Marine Railway - A set of rails running from the upland area into the water upon which a cart
or dolly can carry a boat to be launched.
Mark - A visible line on the bank with respect to vegetation, soil, or other physical line created
by erosion, barnacles, or leaching. In the case of two hydrologic systems interacting at the site,
the higher of the two marks is used.
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Chapter 2 - Definitions
Marsh - A wetland where the dominant vegetation is non -woody plants such as grasses and
sedges, as opposed to a swamp where the dominant vegetation is woody plants like trees.
Marshes, Bogs, and Swamps - Lands transitional between terrestrial and aquatic systems where
saturation with water is the dominant factor determining plant and animal communities and soil
development. Such lands must have one or more of the following attributes: a) at least
periodically, the land supports predominately hydrophytes; and /or b) the substrate is
predominately undrained hydric soil. [WAC 173 -22 -030 (5)].
Mean Higher High Tide (MIMtT) - The arithmetic mean of the higher of two daily high tides
calculated from the most recent 19 year tidal cycle.
Mean Lower Low Water (MLLW) - The arithmetic mean of the lower of two daily low tides
calculated from the most recent 19 year tidal cycle.
Midden - An ancient refuse heap. Often a source of archaeological material.
Mooring Buoy -A buoy secured to the bottom by permanent moorings and provided with means
for mooring a vessel by use of its anchor chain or mooring lines.
Muds - Sediments in which the size of the particles is smaller than 1/16 mm. In order for
sediments in a tidal inlet to be classified as critical habitat they need to contain at least 30% by
weight of mud (i.e. 30% of the sediments, by weight, have to pass through a 1/16 mm mesh
sieve).
Natural Riparian Habitat Corridor - The streamside environment maintained in its natural
state, primarily for fisheries and wildlife habitat, water quality improvements, and secondarily
for flood control works, while allowing controlled public access to avoid damage to the resource.
Nonconforming Development - A shoreline use or structure which was lawfully constructed or
established prior to the effective date of the applicable SMA /SMP provision, and which no
longer conforms to the applicable shoreline provisions. [WAC 173 -14- 055(1)]. (Note: Different
definition from PAZC).
Normal Maintenance - Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. [WAC 173- 14- 040(1)(b)]. See Normal Repair.
Normal Protective Bulkhead - see Bulkhead.
Normal Repair - To restore a development to a state comparable to its original condition within
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Chapter 2 - Definitions
a reasonable period after decay or partial destruction, except where repair involves total
replacement which is not common practice or causes substantial adverse effects to the shoreline
resource or environment. [WAC 173- 14- 040(lb)]. See Normal Maintenance.
Noxious Weeds - Plants listed as noxious weeds in Chapter 16-750 WAC.
OHWM, Ordinary High Water Mark - That mark which 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, that the soil has 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 WDOE: 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 fresh water shall be the line of mean high water.
See RCW 90.58.030(2)(b) and WAC 173 -22- 030(6).
Oil Separator - Specialized catch basins designed to trap oil and other materials lighter than
water in the basin while allowing the water to escape through the drainage system.
Percolation - Water seepage through spaces between sediment particles or through porous
structures.
Periodic - Occurring at regular intervals.
Pocket Beach - An accretion beach which does not depend on littoral drift accretion but is
produced by the erosion of immediately adjacent sources.
Point - A low profile shoreline promontory of more or less triangular shape, the top of which
extends seaward.
Public Trust Doctrine - A common law doctrine, rooted in English Common Law, and
incorporated into the American legal system. The doctrine provides that navigable waters and
their tidelands and shorelands are held in trust by the government for the benefit of all the
people. Each state, upon admission to the Union, assumed the role of trustee.
RCW - Revised Code of Washington.
Recreation Facility or Area, Non - Commercial - A facility or area for recreation purposes, such
as a swimming pool, park, tennis court, playground, or other similar use operated and
maintained by a non - profit club or organization.
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Chapter 2 - Definitions
Residence - A building or structure, or portion thereof, which is designed for and used to
provide a place of abode for human beings. The term "residence" includes the term
"residential" as referring to the type, or intended use, of a building.
Restoration - To revitalize or reestablish the characteristics and natural processes of a degraded
shoreline resource.
Revetment - Facing of stone, concrete, etc., built to protect a scarp, embankment, or shore
structure against erosion by waves or currents.
Riparian Management Zone - A specified area alongside a shoreline where specific measures
are set out in the Forest Practice Regulations to protect water quality and fish and wildlife
habitat. [Ch. 222 -30 WAC].
Riprap - A layer, facing, or protective mound of stones placed to prevent erosion, scour, or
sloughing of a structure or embankment.
Runoff - Water that is not absorbed into the soil but rather flows along the ground surface
following the topography.
SMA - The Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.
SSDP - Shoreline Substantial Development Permit.
Salmon and Steelhead Habitats - Gravel bottomed streams, creeks and rivers used for
spawning; streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing,
feeding, and cover and refuge from predators and high water; streams, creeks, rivers, estuaries,
and shallow areas of saltwater bodies used as migration corridors; and salt water bodies used for
rearing, feeding, and refuge from predators and currents.
Salt Tolerant Vegetation - Vegetation which is tolerant of interstitial soil salinities greater than
or equal to 0.5 parts per thousand. [Ch. 173 -22 WAC].
Scarification - Loosening the topsoil and /or disrupting the forest floor in preparation for
regeneration.
Seawall - 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.
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Chapter 2 - Definitions
Seaward - To or toward the sea.
Sediment - The material deposited by water or wind.
Setback - The required minimum distance between property line, shoreline or other designated
feature (e.g., bluff line) and any structure or development feature specified in the regulation
(e.g., parking lot). Setbacks shall be measured horizontally and perpendicular to the line from
which the setback is taken. Shoreline setbacks shall be measured from the ordinary high water
mark.
Shoreline Environment Designations - The categories of shorelines established by local
shoreline master programs in order to provide a uniform basis for applying policies and use
regulations within distinctively different shoreline areas. [WAC 173 -16- 040(4)].
Shoreline Jurisdiction (Associated Wetlands [Jurisdictional]) - The proper term describing all
of the geographic areas covered by the SMA, related rules, and the applicable master program.
Those lands extending landward for 200 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 marshes, bogs and swamps, and deltas associated with
the streams, lakes, and tidal waters subject to the SMA. See RCW 90.58.030 (2)(f), WAC
173 -16- 030(17); WAC 173 -22- 030(10). Also, such areas within a specified local government's
authority. See definitions of "Shorelines ", "Shorelines of the State" and "Shorelines of
Statewide Significance."
Shoreline Master Program (SMP) - The comprehensive use plan and related use regulations
which are used by local governments to administer and enforce the permit system for shoreline
management. Master programs must be developed in accordance with the policies of the SMA,
be approved and adopted by the state, and be consistent with the rules (WACs) adopted by
Ecology.
Shoreline Permit - A substantial development, conditional use, revision, or variance permit or
any combination thereof. [WAC 173 -14- 030(13)1
Shorelines - All of the water areas of the state, including reservoirs, and their associated
wetlands, together with the lands underlying them, except those areas excluded under RCW
90.58.030(2)(d).
Shorelines Hearings Board (SHB) - A six member quasi-judicial body, created by the SMA,
which hears appeals by any aggrieved party on the issuance of a shoreline permit and appeals
by local government on Ecology approval of master programs, rules, regulations, guidelines or
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Chapter 2 - Definitions
designations under the SMA. [RCW 90.58.170 & 180; and WAC 173 -14 -170 & 174].
Shorelines of Statewide Significance - A select category of shorelines of the state, defined in
RCW 90.58.030(2)(e), where special preservationist policies apply and where greater planning
authority is granted by the SMA [RCW 90.58.020]. Within the City's jurisdiction all those
areas lying seaward from the line of extreme low tide to the international boundary in the Strait
of Juan de Fuca are shorelines of statewide significance. [RCW 90.58.030 (1)(e)(iii)].
Shorelines of the State - Shorelines and Shorelines of Statewide Significance.
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 - As defined by WAC 197 -11 -794: (1) Significant as used in SEPA means a
reasonable likelihood of more than a moderate adverse impact on environmental quality. (2)
Significance involves context and intensity (WAC 197 -11 -330) and does not lend itself to a
formula or quantifiable test. The context may vary with the physical setting. Intensity depends
on the magnitude and duration of an impact. The severity of an impact should be weighed
along with the likelihood of its occurrence. An impact may be significant if its chance of
occurrence is not great, but the resulting environmental impact would be severe if it occurred.
(3) WAC 197 -11 -330 specifies a process, including criteria and procedures, for determining
whether a proposal is likely to have a significant adverse environmental impact.
Single - family residence (SFR) - A detached dwelling designed for and occupied by one family
including those structures and developments within a contiguous ownership which are a normal
appurtenance. [WAC 173- 14- 040(1)(g)] .
Slash - The organic debris which is produced by logging operations.
Soil Bioengineering - An applied science which combines structure, biological, and ecological
concepts to construct living structures that stabilize the soil to control erosion, sedimentation and
flooding using live plant materials as a main structural component.
Solid Waste - The discharge, deposit, injection, dumping, spilling, leaking or placing of any
solid or hazardous waste on any land area, on, or in the water.
Solid Waste Disposal - All putrescible and nonputrescible 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
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Chapter 2 - Defmitions
and parts of vehicle; household appliances and other discarded commodities. Solid waste does
not include sewage, dredge material or agricultural or other commercial logging wastes not
specifically listed above.
Spit - An accretion shoreform which extends seaward from and parallel to the shoreline. It is
usually characterized by a wave -built berm on the windward side and a more gently sloping,
muddy or marshy shore on the leeward side. A curved spit is normally called a hook.
Streamway - A general term describing the bed and banks of a stream.
Structure - Anything constructed in the ground, or anything erected which requires location on
the ground or water, or is attached to something having location on or in the ground or water,
but not including fences or walls used as fences six feet or less in height.
Substantial Development - Any development of which the total cost or fair market value
exceeds two thousand five hundred dollars, or any development which materially interferes with
the normal public use of the water or shorelines of the state; except as specifically exempted
pursuant to RCW 90.58.030(3)(e) and WAC 173 -14 -040. See also definition of Development
and Exemption.
Subtidal - The area of the marine environment below extreme low tide.
Sustainable Development - Development which maintains a balance between the health of the
natural environment and the needs of the human community which lives within it.
Swamp - A wetland where the dominant vegetation is composed of woody plants like trees, as
opposed to a marsh where the dominant vegetation is non -woody plants like grasses.
Tidal Flats - Marshy or muddy areas of the seabed which are covered and uncovered by the rise
and fall of tidal water.
Tidal Lagoon - A body of saline water (salinity greater than 0.5 parts per thousand) with a
constricted or subsurface outlet which is subject to the periodic, but not necessarily daily,
exchange of water with Puget Sound or a tidal inlet. The exchange may occur seasonally,
during storms, or during the highest spring tides. The connection between the sea and the
lagoon does not necessarily have to be on the surface; the connection can be subsurface through
permeable gravel or sand berms.
Tidal Prism - The volume of water present between mean low and mean high tide.
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Chapter 2 - Definitions
Tidal Range - The difference in height between consecutive high and low tides.
Tidal Water - Includes marine and estuarine waters bounded by the ordinary high water mark.
Where a stream enters the tidal water, the tidal water is bounded by the extension of the
elevation of the marine ordinary high water mark within the stream.
[WAC 173 -22- 030(9)].
Tidelands - Land on the shore of marine water bodies between the line of ordinary high tide and
the line of extreme low tide.
Upland - Generally described as the area above and landward of the OHWM.
Use - The purpose or activity for which the land, or building thereon, is designed, arranged or
intended, or for which it is occupied or maintained and shall include any manner of performance
of such activity with respect to the performance standards of the Zoning Regulations.
Use, Principal - The main use of land or buildings as distinguished from subordinate or
accessory use.
Variance - A means to grant relief from the specific bulk, dimensional or performance standards
specified in the applicable master program. Variance permits must be specifically approved,
approved with conditions, or denied by Ecology [See WAC 173- 14 -15].
Vessel - A ship, boat, barge, or any other floating craft which is designed and used for
navigation and does not interfere with normal public use of the water. [WAC 173 -14- 030(18)].
WAC - Washington Administrative Code.
WDF - Washington Department of Fisheries and Wildlife.
WDOE - See Ecology.
Wharf - A structure or platform of timber, masonry, earth or other material, built usually
parallel to shore line of harbor or river extending outwards to deep water, permitting vessel to
berth to discharge or receive cargo or passengers.
Water - dependent - A use or a portion of a use which requires direct contact with the water and
cannot exist at a non -water location due to the intrinsic nature of its operations. Examples of
water - dependent uses may include ship cargo terminal loading areas, ferry and passenger
terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float
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Chapter 2 - Definitions
plane facilities, and sewer outfalls.
Water - enjoyment - A recreational use, or other use facilitating 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 character of the use
and which through the location, design and operation assure 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 space of the project must be devoted
to provisions that accommodate public shoreline enjoyment. Examples may include parks, piers,
museums, restaurants, educational /scientific reserves, resorts, convention facilities, and mixed
use projects.
Water - oriented - Refers to any combination of water - dependent, water - related, and /or water
enjoyment uses and serves as an all- encompassing definition for priority uses under the SMA.
Non - water - oriented serves to describe those uses which have little or no relationship to the
shoreline and are not considered priority uses under the SMA. Non - water - oriented examples
include professional offices, automobile sales or repair shops, mini - storage facilities,
multi - family residential development, department stores, and gas stations.
Water - related - A use or a portion of a use which is not intrinsically dependent on a waterfront
location but whose operation cannot occur economically without a waterfront location. Examples
of water - related uses may include warehousing of goods transported by water, seafood
processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil
refineries where transport is by tanker, and log storage.
Wetlands, Jurisdictional (Shoreline Jurisdiction) - Those areas 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 marshes, bogs and swamps and river deltas associated with the streams, lakes
and tidal waters subject to the Shoreline Management Act (Ch. 90.58 RCW). For the purposes
of this master program, the term "associated wetlands" includes biological wetlands and other
dry upland areas contained within SMA jurisdiction. This definition has the same meaning as
"wetlands or wetland area" as defined in RCW 90.58.030(2)(f).
Wetlands, Biological (marshes, bogs and swamps) - Those areas defined in WAC 173 -22-
030(5) as "marshes, bogs, and swamps ". For the purpose of this master program, the terms
"biological wetland" or "marsh, bog, or swamp" are used as a subcategory of "jurisdictional
wetlands" and are analogous to the term "wetland ", as commonly used.
Wetland Mitigation - Avoiding and minimizing adverse impacts to wetlands, including, in the
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Chapter 2 - Definitions
following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree of 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
during the life of the action; and
5. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments.
Zoning - The designation by ordinance, including maps, areas of land reserved and regulated
for specific land uses.
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Chapter 3
Goals
A. Shoreline Use Element
1. Utilize Port Angeles Harbor /Ediz Hook shorelines to maximize water - oriented industrial,
mixed commercial, educational, cultural, and recreational uses.
2. Promote a range of water - oriented industrial and marina uses in the Harbor area
generally west of Cherry Street (extended) and along appropriate sections of Ediz Hook.
3. Promote a mix of recreational, boating and commercial uses generally between Cherry
Street ROW (extended) and Eunice Street ROW (extended). Establish this area as an
attractive mixed -use International Gateway district serving visitors and local citizens.
4. For shorelines near the City limits and potential annexation areas, set shoreline
designations that are consistent with Clallam County shoreline and land use policies.
5. Establish and implement policies and regulations for shoreline use consistent with the
Shoreline Management Act of 1971, as amended.
6. Ensure that proposed shoreline uses are located and developed in a manner that will
maintain or improve the health, safety and welfare of the public.
7. Ensure that activities and facilities are located on the shorelines in such a manner as to
retain or improve the quality of the environment.
8. Ensure that proposed shoreline uses do not infringe upon the rights of others or upon the
rights of private ownership.
9. Encourage shoreline uses which enhance their specific areas or employ innovative
features for purposes consistent with this program.
10. Encourage joint -use activities in proposed shoreline developments.
11. Encourage restoration of shoreline areas which have been degraded or diminished in
ecological value and function as a result of past activities or human generated
catastrophic events.
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Chapter 3 - Goals
12. Ensure that planning, zoning and other regulatory and nonregulatory programs governing
lands adjacent to shoreline jurisdiction are consistent with SMA policies and regulations
and the provisions of this SMP.
13. New residential development should be designed to protect existing shoreline and water
views and to minimize impacts on marine bluffs.
B. Economic Development Element
1. Port Angeles' shorelines are a major economic resource of the City and the state. Ensure
that the needs of industrial, commercial, recreational and visitor's services -based
enterprises are encouraged within the directives of the Shoreline Management Act
(SMA).
2. Enhance Port Angeles' unique setting, location and conditions to support manufacturing,
shipping, timber - related activities, recreational boating, and visitor service activities.
3. Recognize current economic activity (e.g. tourism, shipping, marinas, manufacturing,
etc.) which is consistent with the objectives of the SMP and provide for environmentally
sensitive new development.
4. Ensure healthy, orderly economic growth by allowing those economic activities which
will be an asset to the local economy.
5. Develop, as an economic asset, the recreation industry along shorelines in a manner
which will enhance the public enjoyment of shorelines.
6. Limit new shoreline industrial and commercial development to water - dependent, water -
related, or water- enjoyment uses. Allow only non - water - oriented uses which are
accessory to water - oriented uses.
C. Circulation Element
1. Provide safe, reasonable and adequate circulation systems while contributing to the
functional and visual enhancement of the shoreline.
2. Provide for alternate modes of travel with some freedom of choice and encourage
multiple -use corridors where compatible.
3. Acquire and develop physical and visual public access where topography, view and
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Chapter 3 - Goals
natural features warrant as a result of new transportation development in shoreline areas
(e.g. turnouts, rest areas).
4. Encourage marine transportation facilities on appropriate shorelines.
D. Conservation Element
1. Protect "critical areas" including bluffs, streams, wetlands and eelgrass beds.
2. Develop and implement sustainable resource management practices for both renewable
and nonrenewable shoreline resources.
3. Ensure that utilization of a resource takes place with the minimum adverse impact to
natural systems and quality of the shoreline environment.
4. Encourage the restoration or enhancement of shoreline resources.
5. Preserve the scenic aesthetic quality of shoreline areas and vistas as feasible.
6. Protect water quality.
7. Protect marine bluffs.
8. Promote environmental conservation activities such as educational, research and cleanup
programs.
9. Protect feeder bluffs from erosion caused by human activities.
10. Protect Ediz Hook.
11. Enhance fisheries resources.
E. Public Access Element
1. Provide, protect and enhance a public shoreline access system which is both physical and
visual and which increases the amount and diversity of public access. Ensure access for
elderly and disabled persons.
2. Enhance the City's Waterfront/Discovery Trail with site improvements. Orient new
facilities to take advantage of it.
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Chapter 3 - Goals
3. Connect the City's Waterfront/Discovery trail to other recreational, civic and commercial
activities.
F. Recreational Element
1. Provide for a variety of active and passive recreational opportunities.
2. Build on existing City assets and efforts related to recreation and public access.
3. Coordinate with the City Department of Parks and Recreation and Port of Port Angeles
to optimize opportunities for water - oriented recreation.
4. Integrate recreational elements into federal, state and local public access and conservation
planning.
G. Historical /Cultural Element
1. Recognize and enhance Ediz Hook and other lands within shorelines jurisdiction as an
important cultural resource for the Lower Elwha S'Klallam tribe. Protect resources there
and promote cultural activities and features.
2. Recognize, protect, preserve and restore important archaeological, historical and cultural
sites located in shorelands for educational, scientific and enjoyment of the general public.
3. Encourage acquistion of historical /cultural sites through dedication or gift, so as to ensure
their protection and preservation.
4. Encourage educational projects and programs which foster a greater appreciation of the
importance of shoreline ecosystem management, maritime activities, environmental
conservation and maritime history.
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Chapter 4
General Policies and Regulations
A. Universally Applicable Regulations
The following regulations describe the requirements for all shoreline uses and activities.
1. All shoreline uses, and shoreline modification activities including those which do not require
a shoreline substantial development permit (SDP), must conform to the policies and
regulations of this master program.
2. Shoreline modification activities must be in support of an allowable shoreline use which
conforms to the provisions of this master program. Except as otherwise noted, all shoreline
modification activities not associated with a legally existing or an approved shoreline use are
prohibited.
3. Shoreline uses, modification activities and conditions listed as "prohibited" shall not be eligible
for consideration as a shoreline variance or shoreline conditional use permit.
4. The "policies" listed in this master program will provide broad guidance and direction and will
be used by the City in applying the "regulations ".
5. Where provisions of this master program conflict, the more restrictive of the provisions shall
apply unless specifically stated otherwise.
B. Archaeological and Historic Resources
Applicability
Archaeological and historic resources, because of their finite nature, are valuable links to our past and
should be considered whenever a development is proposed along the state's shorelines. Where such
resources are either recorded at the State Historic Preservation Office and/or with local jurisdictions,
or have been inadvertently uncovered, the following policies and regulations apply.
Policies
1. Due to the limited and irreplaceable nature of the resource, public or private uses and
activities should be prevented from destroying or damaging any site having historic, cultural,
scientific or educational value as identified by the appropriate authorities.
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Chapter 4 - General Policies and Regulations
2. Due to the traditional villages, homesites, and burial grounds of the Lower Elwha S'Klallam
Tribe documented along the Port Angeles Harbor, the vested interest of the Tribe should be
respected.
3. The City of Port Angeles will inventory and map cultural sites with consideration of the
cultural significance and protect sensitive information from public disclosure.
Regulations
1. Proposed construction sites not previously inventoried, evaluated, and reviewed will be
evaluated by a cultural review team. The team will include a professional archaeologist, a
representative of the Lower Elwha S'Klallam Tribe, the site owner, and the City Planning
Department. This team will determine the extent of excavation monitoring for the project
during the permit review process.
As an alternative, the proponent may volunteer to have an approved archaeologist on site
during excavation in lieu of a review by the aforementioned cultural review team.
2. All shoreline permits shall contain provisions which require developers to immediately stop
work and notify the City of Port Angeles if any phenomena of possible archaeological interest
are uncovered during excavations. In such cases, the developer shall be required to provide
for a site inspection and evaluation by a professional archaeologist to ensure that all possible
valuable archaeological data is properly salvaged.
3. When the City, in consultation with State Historic Preservation Office, determines that a site
has significant archaeological, historical, or cultural value, a Shoreline Permit shall not be
issued which would pose a threat to the site. 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 and associated data.
4. In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030
necessitate rapid action to retrieve or preserve artifacts or data identified above, the project
may be exempted from the permit requirement of these regulations. The City shall notify the
State Department of Ecology, the State Attorney General's Office and the State Historic
Preservation Office of such a waiver in a timely manner.
5. Archaeological sites located both in and outside the shoreline jurisdiction are subject to Ch.
27.44 RCW (Indian Graves and Records) and Ch. 27.53 RCW (Archaeological Sites and
Records) and shall comply with Ch. 25-48 WAC as well as the provisions of this master
program.
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6. Archaeological excavations may be permitted subject to Chapter 25-48 WAC and the
provisions of this program.
7. Identified historical or archaeological resources shall be considered in park, open space,
public access and site planning, with access to such areas designed and managed so as to give
maximum protection to the resource and surrounding environment.
8. When interpretive signs are provided for historical and archaeological features and cultural
areas with Native American affiliations, the language on said signs shall be checked for
accuracy by the Lower Elwha S'Klallam Tribe.
C. Clearing and Grading
Applicability
Clearing and grading is the activity associated with developing property for a particular use including
commercial, industrial, recreational and residential uses. Specifically, "clearing" means the
destruction or removal of vegetative ground cover and/or trees, including, but not limited to, root
material removal and/or topsoil removal. This includes such activities as clear- cutting or selective
harvest of trees, chipping of stumps and hauling off of shrubs, slash piles, etc. "Grading" means the
physical manipulation of the earth's surface and/or surface drainage pattern without significantly
adding or removing on -site materials. This includes removing the duff layer, all surcharging,
preloading and recontouring the ground and may include minor excavation and filling. "Landfill"
addresses the placement of dry fill on existing dry or existing wet areas.
Policies
1. All clearing and grading activities should be designed and conducted to minimize impacts to
wildlife habitat, sedimentation of creeks, streams, ponds, lakes, wetlands and other water
bodies, and degradation of water quality.
2. Negative environmental and shoreline impacts of clearing and grading should be avoided.
3. Cleared and disturbed sites remaining after completion of construction should be promptly
replanted with native vegetation or, in limited circumstances, with other species contained in
City approved plant lists.
4. All clearing and grading activities should be designed with the objective of maintaining natural
diversity in vegetation species, age and cover density.
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Chapter 4 - General Policies and Regulations
5. For extensive clearing and grading proposals, a clearing and grading plan addressing species
removal, replanting, irrigation, erosion and sedimentation control and other methods of
riparian corridor protection should be required conforming to the standards for the maximum
percentage of site clearing permitted.
6. Native plant communities within and bordering state shorelines including, but not limited to,
wetlands, lakes, rivers and unstable bluffs, should be protected and maintained to minimize
damage to the Ecology and environment of the shoreline area.
7. Restoration of degraded shorelines due to natural or manmade causes should, wherever
feasible, use soil bioengineering techniques to arrest the processes of erosion, sedimentation
and flooding.
8. The design and use of naturally regenerating systems for prevention and control of beach
erosion should be encouraged where:
a. The length and configuration of the beach will accommodate such systems;
b. Such protection is a reasonable solution to the needs of the specific site; and
c. Beach restoration/enhancement will accomplish the following objectives:
i. Recreate or enhance natural shoreline conditions and habitat;
ii. Reverse otherwise erosional conditions; and
iii. Enhance access to the shore, especially to public shores.
9. Aquatic weed management should stress prevention first. Where active removal or
destruction is necessary, it should be the minimum to allow water - dependent activities to
continue, minimize negative impacts to native plant communities, and include appropriate
handling or disposal of weed materials.
Regulations
1. All clearing and grading should also comply with the City's Clearing and Grading Ordinance
and the City's (Interim) Critical Area Ordinances which inculde the Wetlands Proctection
Ordinance and the Environmentally SensitiveAreas Protection Ordinance. In the core where
SMP and other ordinances differ, the most stringent regulation shall apply as interpreted by
the City.
2. All clearing and grading activities shall be limited to the minimum necessary for the intended
development, including residential development.
3. Normal nondestructive pruning and trimming of vegetation for maintenance purposes shall
not be subject to these clearing and grading regulations. In addition, clearing by hand -held
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equipment of invasive nonnative shoreline vegetation or plants listed on the state Noxious
Weed List is permitted in shoreline locations if native vegetation is promptly reestablished in
the disturbed area.
4. Any significant placement of materials from off -site, (other than surcharge or preload) or
substantial creation or raising of dry upland shall be considered landfill and shall also comply
with the landfill provisions in Chapter 7, Shoreline Modification Activity Policies and
Regulations.
5. Destructive clearing and grading is prohibited on steep slopes and other "critical areas"
identified in the City's Critical Area Ordinances (Chapters 15.20 & 15.24 PAMC).
6. Wherever possible, development of commercial, industrial, residential and/or recreational uses
shall be located away from shorelines which have been identified as unstable and/or sensitive
to erosion.
7. Restoration of any shoreline which has been disturbed or degraded shall use native plant
materials with a diversity and type similar to that which originally occurred on -site.
8. Stabilization of exposed erosion prone surfaces along shorelines including but not limited to
rivers, streams and marine systems, shall, wherever feasible, utilize soil bioengineering
techniques.
D. Environmental Impacts
Policies
1. The impacts of shoreline uses and shoreline modification activities on the environment should
be minimized during all phases of development (e.g. design, construction, management and
use).
Regulations
1. The location, design, construction and management of all shoreline uses and modification
activities shall protect the quality and quantity of surface and ground water adjacent to the
site and shall adhere to the guidelines, policies, standards and regulations of applicable water
quality management programs and related regulatory agencies.
2. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of
water or to be discharged onto land.
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Chapter 4 - General Policies and Regulations
3. The release of oil, chemicals or hazardous materials onto land or into the water is prohibited.
Equipment for the transportation, storage, handling or application of such materials shall be
maintained in safe and leak -proof condition. If there is evidence of leakage, the further use
of such equipment shall be suspended until the deficiency has been satisfactorily corrected.
4. All shoreline uses and activities shall be located, designed, constructed and managed in a
manner which minimizes adverse impacts to surrounding land and water uses and is
aesthetically compatible with the affected area.
5. All shoreline uses and activities shall utilize best management practice (BMP) measures to
minimize any increase in surface runoff and to control, treat and release surface water runoff
so that receiving water quality and shore properties and features are not significantly
adversely affected. Such measures may include but are not limited to dikes, catch basins or
settling ponds, installation and required maintenance of oil/water separators, grassy swales,
interceptor drains and landscaped buffers.
6. All shoreline uses and activities shall utilize effective erosion control methods during both
project construction and operation.
7. All shoreline uses and activities shall be located, designed, constructed and managed to avoid
disturbance of and minimize adverse impacts to fish and wildlife resources, including
spawning, nesting, rearing and habitat areas and migratory routes.
8. All shoreline uses and activities shall be located, designed, constructed and managed to
minimize interference with beneficial natural shoreline processes such as water circulation,
sand and gravel movement, erosion, and accretion.
9. All shoreline developments shall be located, constructed and operated so as not to be a hazard
to public health and safety.
10. All shoreline uses and activities shall be located and designed to minimize the need for
shoreline defense and stabilization measures and flood protection works such as bulkheads,
other bank stabilization, landfills, levees, dikes, groins or substantial site regrades.
11. Navigation channels shall be kept free of hazardous or obstructing uses and activities.
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12. Development over the water shall be constructed of nonreflective materials which are
compatible in terms of color and texture with the surrounding area.
E. Environmentally Sensitive Areas
Applicability
Environmentally sensitive areas constitute the most fragile lands which support resources that are
economically and culturally important to the state under the SMA. They can be natural resources
which provide fisheries habitat for example, or areas that may threaten the health and safety of the
public, such as floodways or unstable bluffs, etc. This section is divided into five categories: (1)
general provisions, (2) geological hazard area provisions, (3) kelp beds, eelgrass beds, herring
spawning areas, smelt spawning areas and other critical salt water habitats, (4) wetland provisions,
and (5) salmon and steelhead habitat provisions.
"Environmentally sensitive areas" shall mean those areas with especially fragile biophysical
characteristics and/or with significant environmental resources as identified in a scientifically
documented inventory accomplished as part of the SEPA/NEPA process, Critical Area Ordinances,
including the Wetlands Protection Ordinance, Chapter 15.24 PAMC, and Environmentally Sensitive
Area Protection Ordinance, Chapter 15.20 PAMC, or other recognized assessment. Environmentally
sensitive areas include but are not limited to:
1. Geological hazard areas
2. Wildlife habitat areas
3. Critical saltwater habitats
4. Wetlands
5. Salmon and steelhead habitats
Policies
1. Unique, rare and fragile natural and man-made features as well as scenic vistas and wildlife
habitats should be preserved and protected from unnecessary degradation or interference.
2. Intensive development on shorelines which are identified as hazardous for or sensitive to
development should be discouraged.
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Chapter 4 - General Policies and Regulations
Regulations
1. All shoreline uses and activities shall be located, designed, constructed and managed to
protect and/or not adversely affect those natural features which are valuable, fragile or unique
in the region and to facilitate the appropriate human intensity of use of such features,
including but not limited to:
a. Estuaries, marshes, bogs and swamps;
b. Fish, shellfish and wildlife habitats, migratory routes and spawning areas;
c. Kelp beds, eelgrass beds, herring spawning areas and smelt spawning areas;
d. Accretion shore forms;
e. Natural or man-made scenic vistas or features;
f. Bluffs and geologic hazard areas; and
g. Floodways.
2. When a development site encompasses environmentally sensitive areas, these features shall
be left intact and maintained as open space or buffers. All development shall be set back from
these areas to prevent hazardous conditions and property damage, as well as to protect
valuable shore features.
3. All shoreline development shall be designed in accordance with all applicable local and FEMA
flood control management codes and regulations, the State Environmental Policy Act, the
City's Critical Areas Ordinances which include the Wetlands Protections Ordinance and the
Environmentally Sensitive Areas Ordinance and other applicable local land use codes. Where
these SMP provisions differ from those in any other regulation or ordinance, the most
restrictive, as interpreted by the City, shall apply.
Geological Hazard Areas
Applicability
Geological hazard areas are areas susceptible to severe erosion or slide activity, such as unstable
bluffs, and include areas with high potential for earthquake activity. They are identified in the Port
Angeles Environmentally Sensitive Areas Protection Ordinance #2656 as "geologically hazardous
areas" and/or "landslide hazard areas." In general, they are not suitable for placing structures or
locating intense activities or uses due to the inherent threat to public health and safety.
Vegetation removal during development of adjacent uplands alters surface runoff and ground water
infiltration patterns and can lead to increased bluff instability.
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Chapter 4 - General Policies and Regulations
Homes and other developments are often constructed very close to the top of bluffs in order to
capitalize on views. In response to accelerated erosion rates, or on considering the results of normal
erosion rates, land owners frequently turn to bulkheading the toe of the slope.
A bluff is a steep headland, promontory, broad faced bank or cliff running adjacent to and rising up
from the shoreline. For the purpose of measuring setbacks from the top of a bluff, the following shall
apply. A bluff rises up from the OHWM to the first significant break in slope. The "first significant
break" in slope is a bench at least 30 feet deep, has access, and is otherwise available for construction.
The top of a bluff is measured from the point where the first significant break in slope occurs.
Policies
1. Development should be permitted only in locations where no slope protection is necessary or
where nonstructural protection is sufficient for the life of the project.
2. Clearing vegetation on and within edges of bluffs should be avoided. Retention of a natural
buffer should be encouraged.
3. Structures should be designed and constructed in a manner that provides safety for the useful
life of the structure and does not require construction of a retaining wall or bulkhead during
that same time span.
4. Subdivision of lots on bluffs should allow sufficient lot depth for development to occur
without need for bulkheading or other structural stabilization.
5. All sites indicated in the Coastal Zone Atlas, local sensitive area maps, or other engineering
documents to be on unstable material, river banks or old landslides, shall require a
geotechnical report assessing the safety of the site and addressing drainage, grading and
clearing requirements.
Regulations
1. Construction activity shall not increase or result in slope instability or sloughing.
2. Tree clearing and vegetation removal shall be limited to the minimum extent necessary to
allow construction of the proposed development, or if a geotechnical report indicates that the
tree clearing and vegetation removal will be beneficial to protecting the stability of the bluff.
3. Surface drainage down the face of the bluff shall be contained in a tight line (closed,
nonleaking pipe) for discharge at the shoreline in such a way that erosion will not occur.
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Chapter 4 - General Policies and Regulations
4. Surface drainage away from the bluff shall also use a tight line or some other approved
method for discharge into a natural drainage course.
5. Stormwater infiltration systems will be discouraged unless designed by a licensed civil
engineer and a soil or geology engineering report verifies that slope stability will not be
affected.
6. Proposals for developments on or immediately adjacent to unstable bluffs shall include the
following information in their application:
a. Soils, topography and existing vegetation; slopes greater than 40 %;
b. Existing drainage patterns and how they may be changed;
c. Proposed vegetation removal and grading together with an erosion control plan; and
d. Proposed structure and use locations.
7. A geotechnical report shall be required when:
a. Activity is within 200 feet of the top of a bluff classified as an environmentally
sensitive area; or
b. Activity is within 200 feet of the shoreline OHWM when the vertical height of the
bank exceeds 10 feet; and has a slope of 40% or greater.
The geotechnical report shall contain:
a. Soils and erosion rates;
b. Drainage; including septic system drainage if applicable;
c. Vegetation management options;
d. Recommended setback to avoid need for building bulkhead during life of project;
e. Evaluation and statement on stability and safety of structure;
f. Evaluation and statement on stability of bluff; and
g. Seismic hazard
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Chapter 4 - General Policies and Regulations
F. Kelp Beds, Eelgrass Beds, Herring Spawning Areas, Smelt
Spawning Areas, Shellfish Areas and Other Critical Salt
Water Habitats
Applicability
The Growth Management Act, in RCW 36.70A.060 and 170, requires local governments to designate
and protect critical areas. This requirement applies both to local governments planning under the
Growth Management Act and all other local governments. The Minimum Guidelines to Classify
Agriculture, Forest, Mineral Lands and Critical Areas, in WAC 365.190.080(5)(a)(4), designate kelp
beds, eelgrass beds, herring spawning areas and smelt spawning areas as critical areas. The minimum
guidelines also designate commercial and recreational shellfish areas as critical areas.
The Washington State Department of Fish and Wildlife has identified the four critical areas listed
above and the habitats of several other salt water fish as saltwater habitats of special concern. These
additional habitats include Pacific sand lance spawning beds, rock sole spawning beds, rockfish
settlement and nursery areas and lingcod settlement and nursery areas.
Policies
1. Critical saltwater habitats provide critical rearing and nursery areas for valuable recreational
and commercial species. They provide habitat for many marine plants, fish and animals.
These habitats should be protected because of their importance to the marine ecosystem and
the state and local economy.
2. Critical salt water habitats are defined in Section 2, Definitions.
3. Except for public or semipublic facilities where no alternative location is available uses,
activities and structures should not be located in critical saltwater habitats.
4. Developments within or adjacent to critical salt water habitats should not directly or indirectly
change the composition of the beach and bottom substrate. Habitat enhancement and
restoration projects may change beach or bottom substrata when appropriate to restore or
enhance habitats.
5. Developments outside critical salt water habitats but which have the potential to significantly
affect these habitats should be located and designed so they do not create significant negative
impacts on critical salt water habitats.
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Chapter 4 - General Policies and Regulations
6. Where uses, activities, and structures must locate where they will affect critical salt water
habitats, the project should be designed and constructed to minimize adverse impacts on the
environment and the critical salt water habitats.
7. Project proponents should contact the Habitat Management Division of the Department of
Fisheries and the Aquatic Resources Division of the Department of Natural Resources early
in the development process to determine if the available data show the proposal will occur in
a known critical salt water habitat.
8. When reviewing permits for uses, activities and structures in salt water areas waterward of
the ordinary high water mark (OHWM), staff should contact the Habitat Management
Division of the Department of Fisheries and the Aquatic Resources Program of the
Department of Natural Resources to determine if the proposal will occur in a known critical
salt water habitat.
9. A project proponent should conduct a reconnaissance study to determine whether critical salt
water habitats are present within an area affected by a proposed development as provided
below.
a. For areas which may be used by fish which spawn on sand, gravel, or sand and gravel
beaches and shellfish beds, the project proponent shall conduct a reconnaissance study
to determine whether critical salt water habitats are present within an area affected by
a proposed development if all of the following conditions are met:
i. The proposed use or activity has a significant potential to adversely affect a
critical salt water habitat.
ii. The beach which the development or use may affect is the type of
environment in which a critical salt water habitat typically occurs.
iii. The existing data available from the resource agencies do not show whether
the site is occupied by a critical salt water habitat.
b. For kelp beds, eelgrass beds, rockfish settlement and nursery areas, and lingcod
settlement and nursery areas, a project proponent shall conduct a reconnaissance
study to determine whether critical salt water habitats are present within an area
affected by a proposed development if all of the following conditions are met:
i. The proposed use or activity has a significant potential to adversely affect a
critical salt water habitat.
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Chapter 4 - General Policies and Regulations
ii. The salt water area which the development or use may affect is the type of
environment in which a critical salt water habitat may occur.
c. For all areas, the study should be designed in consultation with the local governments,
affected state and federal resource agencies, and affected Indian Nations. The study
should take place during the growing season.
Regulations
1. Landfills shall not intrude into critical salt water habitats or their buffer areas.
2. Bulkheads and shoreline modification and stabilization structures shall not intrude into critical
salt water habitats, except as provided in regulation 5 below. Where an existing bulkhead or
structure cannot be removed because of environmental, safety, or geological concerns, the
least environmentally impacting alternative shall be used. Any replacement bulkhead or
shoreline protection structure shall be located as close to the existing structure as appropriate.
3. Marinas and over -water residences of any type (including floating homes, houseboats and
liveaboards) shall not be located over critical salt water habitats. These facilities shall be
designed and located to avoid impacts to critical salt water habitats.
4. Floats, rafts, docks and boathouses shall not be located over critical salt water habitats, except
as provided in regulation 5 below. Floats, rafts, docks, boathouses and associated moorings
shall not shade eelgrass, algae and other saltwater vegetation. Anchoring systems for these
structures shall not adversely affect critical salt water habitats.
5. Industrial docks, commercial and industrial vessel moorage, navigation channels, breakwaters,
jetties, groins and public shoreline protection structures shall not intrude into critical salt
water habitats unless the proponent shows all of the following conditions are met:
a. An alternative location is not feasible.
b. The project is designed to minimize its impacts on critical salt water habitats and the
environment.
c. Any adverse impacts will be mitigated.
d. The facility is in the public interest.
6. Publicly owned recreational facilities such as boat launches shall avoid critical salt water
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Chapter 4 - General Policies and Regulations
habitats. Where these areas cannot be avoided, publicly owned recreational facilities shall be
designed to minimize their impacts on critical salt water habitats and mitigate any adverse
impacts.
7. Anchorage and mooring floats shall not be located over critical salt water habitats.
8. In -water dredge spoil disposal sites shall be prohibited in critical salt water habitats or in
locations where the disposal of dredge spoil materials is likely to result in the deposition of
sediments on critical salt water habitats.
9. Aquaculture uses shall not be established in or expanded into or over critical salt water
habitats without appropriate environmental impact analysis.
10. Except as a habitat improvement or restoration measure, aquatic herbicide treatments,
mechanical removal of vegetation and aquatic pesticide treatments shall not be used on critical
salt water habitats. Where alternative management methods will not work, Zostera japonica
may be removed from areas currently used for aquaculture.
11. Bridges, causeways and in -water utility corridors shall not intrude into or adversely affect
critical salt water habitats unless the proponent shows all of the following conditions are met:
a. An alternative alignment is not feasible.
b. The project is designed to minimize its impacts on critical salt water habitats and the
environment.
c. Any adverse impacts will be mitigated.
d. The facility is in the public interest.
12. Sand, gravel, or other materials shall not be mined or removed from critical salt water habitats
or areas where the activity will adversely affect critical salt water habitats.
13. Outfalls and discharge pipes shall not be located in critical salt water habitats or areas where
outfall or discharge will adversely affect critical salt water habitats, unless the proponent
shows all of the following requirements are 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.
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c. The outfall discharges waterward of the subtidal zone.
d. The disturbed area is revegetated, if it was vegetated before construction.
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 significantly affect critical salt
water habitats.
f. The use is in the public interest.
G. Marshes, Bogs, and Swamps
Applicability
The following provisions apply to all marshes, bogs and swamps (biological wetlands), delineated
according to the most recent version of the Federal Manual For Identifying and Delineating
Jurisdictional Wetlands.
Policies
1. All wetlands should be protected from alterations which adversely impact them so 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 as
defined in the U.S. Fish and Wildlife Service classification system;
e. Mature forested swamp communities;
f. Estuarine wetlands, kelp beds or eelgrass beds.
2. A wetland buffer zone of adequate width should be maintained between a wetland and any
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Chapter 4 - General Policies and Regulations
adjacent development to protect the functions and integrity of the wetland. All activities
which potentially affect wetland ecosystems should be controlled within both the wetland and
the buffer zone to prevent adverse impacts.
3. No wetland alteration should be authorized unless it can be shown that the impact is
unavoidable, necessary and minimized and that any remaining impacts are offset through the
deliberate restoration, creation or enhancement of wetlands.
4. Wetland restoration, creation and enhancement projects should result in improved wetland
acreage and wetland restoration, creation and mitigation for functions.
Wetland restoration, creation and enhancement projects should be completed prior to wetland
alteration, where possible. In all other cases, replacement should be completed prior to use
or occupancy of the activity or development.
Applicants should develop comprehensive mitigation plans in order to ensure long term
success of the mitigation project. Such plans should provide for sufficient monitoring and
contingencies to ensure wetland persistence.
Applicants should demonstrate sufficient scientific expertise, supervisory capability and
financial resources to complete and monitor the mitigation project.
Proposals for restoration, creation or enhancement should be coordinated with appropriate
resource agencies to ensure adequate design and consistency with other regulatory
requirements.
5. The City does not intend to deny all economic use of any property subject to these policies
and regulations, except as the public trust doctrine would limit the use of the property. This
policy will be implemented through the appropriate application of the following: project
design standards, transfers of development rights, mitigation and variances.
Regulations
General
1. For identifying and delineating a marsh, bog or swamp, applicants shall use the most recent
edtion of the Federal Manual for Identfing and Delineating Jurisdictional Wetlands.
2. No development or activity including removing or disturbing soil, filling, changing the water
level, placing obstructions, constructing a structure, destroying or altering vegetation or
introducing pollutants may be permitted within a wetland or its buffer unless authorized by
a conditional use permit.
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Chapter 4 - General Policies and Regulations
3. Development or activities shall not be authorized in a wetland except where it can be
demonstrated that:
a. The impact is both unavoidable and necessary;
b. Unavoidable and necessary impacts are minimized, and any remaining impacts are
offset through the deliberate restoration, creation or enhancement of wetlands of
equivalent or greater resource value, including acreage and function;
c. The restored, created or enhanced wetland will be as persistent as the wetland it
replaces; and
d. The applicant demonstrates sufficient scientific expertise, supervisory capability and
financial resources to carry out the proposed replacement activity.
4. For wetlands of exceptional resource value, 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.
Mitigation and Development
1. Mitigation shall be as required in the City's Wetland Protection Ordinance, Section 15.24.070
PAMC. If provisions two through eight contradict the Wetland ordinance the more restrictive
shall apply. In -kind replacement of functions and values shall be provided, unless it is found
that in -kind replacement is not feasible or practical due to the characteristics of the existing
wetland and a greater environmental benefit can be demonstrated by an alternative. In such
cases, substitute resources of equal or greater ecological value shall be provided.
2. Wetland functions and values shall be calculated using the best professional judgment of a
qualified wetland ecologist using the best available technology.
3. On -site replacement shall be provided, unless it is found that on -site replacement is not
feasible or practical due to physical features of the property and a greater environmental
benefit can be demonstrated by an alternative. In such cases, replacement shall occur within
the same watershed and proximity.
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Chapter 4 - General Policies and Regulations
4. Except as noted in regulation five below, at a minimum, wetland acreage shall be replaced at
a ratio of acreage replaced to acreage lost of 1.25:1. For wetlands of exceptional resource
value, the minimum acreage replacement ratio shall be 6:1. Actual replacement acreage will
be determined case -by -case, based on the following criteria:
a. Projected losses or gains in wetland functions and value;
b. Location of replacement wetlands;
c. The time required to reestablish lost functions;
d. The uncertainty of the probable success of the project;
e. The type of compensation (enhancement proposals shall require twice the acreage
replacement as restoration and creation proposals); and
f. Variety of the wetland type being impacted.
5. Acreage replacement may be authorized at 1:1 where it is found through special studies
coordinated with agencies with expertise, or through advance compensation, that no net loss
of wetland function results.
6. Replacement wetlands shall be completed prior to or concurrent with wetland alteration, and
immediately after activities that will temporarily disturb wetlands activities.
7 A compensation plan shall be required for developments or activities which result in
unavoidable and necessary wetland alterations. The plan shall include the following elements:
a. Baseline information for the impacted wetland and the proposed replacement site;
b. Environmental goals and objectives describing the purposes of the mitigation
measures, a description of the site selection criteria and identification of target
evaluation species and resource functions;
c. Performance standards including specific criteria for fulfilling goals and objectives and
for beginning remedial action or contingency measures;
d. Detailed construction plan including work schedule, revegetation information, buffers,
estimated cost, site plan with contours and elevation and other information;
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Chapter 4 - General Policies and Regulations
e. Monitoring program outlining the approach for assessing a completed project over
a ten -year period. A report shall be submitted annually, at a minimum documenting
milestones, success, problems and contingency actions; and
f. Contingency plan identifying potential courses of action and any corrective measures
to be taken when monitoring or evaluation indicates project performance standards
are not being met.
8. Where restoration, creation or enhancement activities are proposed, the applicant shall be
required to:
a. File a performance bond or other approved security in an amount to enable the
regulatory authority to carry out the compensation plan should the applicant fail to
do so; and
b. Compensation areas shall be permanently protected through legal instruments such
as sensitive area tracts, conservation easements or a comparable use restriction.
Buffers
1. Wetland buffers shall be established as required in 15.24.070 of the Port Angeles Ordinance
#2655. In the event that Ordinance 2655 is altered or modified, the following standards shall
apply, at a minimum.
2. A wetland buffer zone of 200 feet shall be required adjacent to wetland areas of exceptional
resource value unless a greater distance is required by other provisions of this program. For
all other wetland systems, a wetland buffer zone of 100 feet shall be required, except that
buffers less than 100 feet but no less than 25 feet may be authorized as a conditional use.
3. Wetland buffer zones shall be retained in their natural condition. Where buffer disturbance
has occurred during construction, revegetation with native vegetation may be required.
Developments and activities shall not be allowed within the buffer except for:
a. Minor activities which are found to have no adverse impact on the wetland functions
or integrity;
b. Stormwater management facilities having no feasible alternative location outside of
the buffer; or
c. Linear developments having no feasible alternative location outside of the buffer.
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Chapter 4 - General Policies and Regulations
4. The location of all required buffer zones shall be clearly and permanently marked on any
project site prior to initiation of site work.
H. Salmon and Steelhead Habitats
Policies
1. Salmon and steelhead habitats support valuable recreational and commercial fisheries. These
habitats should be protected because of their importance to the aquatic ecosystem and the
state and local economy.
2. Salmon and steelhead habitats are:
a. Gravel bottomed streams, creeks, and rivers used for spawning;
b. Streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing,
feeding, and cover and refuge from predators and high waters;
c. Streams, creeks, rivers, estuaries, and salt water bodies used as migration corridors;
and
d. Shallow areas of salt water bodies used for rearing, feeding and refuge from predators
and currents.
3. Project proponents should contact the Habitat Management Division of the Department of
Fisheries and Wildlife, and affected Indian Tribes early in the development process to
determine if the proposal will occur in or adjacent to a salmon and steelhead habitat.
4. When reviewing permits for uses, activities and structures proposed for salt water areas,
rivers and streams, river and stream side channels, wetlands and ponds connected to rivers
and streams and shorelines adjacent to these areas; staff should contact the Department of
Fisheries and Wildlife to determine if the proposal will occur in or affect an adjacent salmon
or steelhead habitat. Staff should also contact affected Indian Tribes.
Regulations
1. Structures which prevent the migration of salmon and steelhead shall not be allowed in the
portions of water bodies used by these fish. Fish bypass facilities shall allow the upstream
migration of adult fish only when other alternatives have been exhausted. Fish bypass
facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed.
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Chapter 4 - General Policies and Regulations
2. Landfills shall not intrude into salmon and steelhead habitats, except as provided in regulation
No. 3.
3. Landfills may intrude into salt water areas used by salmon and steelhead for migration
corridors, rearing, feeding and refuge only where the proponent obtains a conditional use
permit (CUP) and demonstrates all of the following conditions are met:
a. The landfill is for a water- dependent or water - related use;
b. An alternative alignment or location is not feasible;
c. The project is designed to minimize its impacts on the environment;
d. The facility is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the impacts are
mitigated by creating in -kind replacement habitat near the project. Where in -kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be required
as a substitute.
4. Unless the applicant demonstrates that bioengineering techniques will not be successful,
bulkheads and other shoreline protection structures are prohibited in salmon and steelhead
habitat.
5. Docks, piers, pilings and floats may be located in water areas used by salmon and steelhead
for migration corridors, rearing, feeding and refuge, provided the facilities use open piling
construction to minimize shading on these areas.
6. Open pile bridges are the preferred water crossing structures over salmon and steelhead
habitats. If a bridge is not feasible, one of the following water crossing structures may be
approved if the impacts are acceptable: temporary culverts, bottomless arch culverts, elliptical
culverts or round culverts. These structures are listed in priority order, with the first having
the highest preference and the last the lowest preference. In order for a lower priority
structure to be permitted, the applicant must show the higher priority structures are not
feasible. The project shall be designed to minimize its impacts on the environment.
7. Dredging which will damage shallow water habitat used by salmon and steelhead for
migration corridors, rearing, feeding and refuge shall not be allowed unless the proponent
demonstrates all of the following conditions are met:
a. The dredging is for a water - dependent or water - related use;
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Chapter 4 - General Policies and Regulations
b. An alternative alignment or location is not feasible;
c. The project is designed to minimize its impacts on the environment;
d. The dredging is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the impacts are
mitigated by creating in -kind replacement habitat near the project. Where in -kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be required
as a substitute.
8. Dredging and the removal of bed materials below the water line is prohibited within salmon
and steelhead spawning areas.
9. In- water dredge spoil disposal sites shall not be located in salmon and steelhead habitats.
10. Within salmon and steelhead habitats, permanent channel changes and realignments are
prohibited.
11. Aquaculture uses shall not be established in or expanded in salmon and steelhead habitat,
except for areas used only for migration corridors. This regulation applies only to in -water
aquaculture uses; not upland aquaculture uses.
12. The removal of aquatic and riparian vegetation within or adjacent to salmon and steelhead
habitats shall be minimized. Trees which shade side channels, streams, rivers, ponds and
wetlands used by salmon and steelhead shall be maintained. Areas of disturbed earth shall be
revegetated.
13. Unless removal is needed to prevent hazards to life and property or to enhance fish habitat,
large woody debris below the ordinary high water mark shall be left in the waterway to
provide salmon and steelhead habitat.
14. Outfalls within or upstream of salmon or steelhead spawning areas shall be designed and
constructed to minimize disturbance of salmon and steelhead spawning beds.
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Chapter 4 - General Policies and Regulations
I. Parking
Applicability
Parking is the temporary storage of automobiles or other motorized vehicles. Except as noted the
following provisions apply only to parking which is "accessory" to a permitted shoreline use.
Policies
1. Parking in shoreline areas should directly serve a permitted shoreline use.
2. Parking facilities should be located and designed to minimize adverse impacts including those
related to stormwater runoff water quality, visual qualities, public access and vegetation and
habitat maintenance.
3. 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).
Regulations
1. Parking as a primary use shall be prohibited over water.
2. Parking in shoreline jurisdiction shall directly serve a permitted shoreline use, a civic function,
or an activity which encourages people to enjoy the shoreline.
3. Parking facilities shall be designed and landscaped to minimize adverse impacts upon adjacent
shoreline and abutting properties. Landscaping shall be planted before completion of the
parking area in such a manner that plantings provide effective screening at least 4 feet high
within three years of project completion.
4. Parking facilities serving individual buildings on the shoreline shall be located landward of the
principal building being served, EXCEPT when the parking facility is within or beneath the
structure and adequately screened, or in cases when an alternate location would have less
environmental impact on the shoreline.
5. Parking facilities for shoreline activities shall provide safe and convenient pedestrian
circulation within the parking area and to the shorelines.
6. Parking facilities shall provide adequate facilities to prevent surface water runoff from
contaminating water bodies, using best available technologies and include a maintenance
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Chapter 4 - General Policies and Regulations
program which will assure proper functioning of such facilities over time.
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Chapter 4 - General Policies and Regulations
J. Public Access
Applicability
Shoreline public access is the physical ability of the general public to reach and touch the water's edge
and/or the ability to have a view of the water and the shoreline from upland locations. There are a
variety of types of public access including picnic areas, pathways and trails (including handicapped),
floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress,
parking and others.
Policies
1. Public access will be considered in the review of all private and public developments
(including land division) with the exception of the following: one- and two - family dwelling
units; or where deemed inappropriate due to health, safety and environmental concerns.
2. Developments, uses and activities on or near the shoreline should not impair or detract from
the public's access to the water.
3. Public access should be provided as close as possible to the water's edge without adversely
affecting a sensitive environment and, if feasible, should be designed with provisions for
handicapped and physically impaired persons.
4. Public access afforded by shoreline street ends, public utilities and rights -of -way should be
preserved, maintained and enhanced.
5. Public access should be designed to provide for public safety and to minimize potential
impacts to private property and individual privacy.
6. Public views from the shoreline upland areas should be enhanced and preserved.
Enhancement of views should not be construed to mean excessive removal of vegetation
which partially impairs views.
7. Visual access should be maintained, enhanced and preserved on shoreline street ends, public
utilities and rights -of way and within public "view corridors" as designated by the City.
Regulations
1. Except as provided in regulations 2 and 3, shoreline substantial developments or conditional
uses shall provide public access where any of the following conditions are present:
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Cha s ter 4 - General Policies and Re ! ulations
a. Where a development or use will create increased demand for public access to the
shoreline, the development or use shall provide public access to mitigate this impact.
b. Where a development or use will interfere with an existing public access way, the
development or use shall provide public access to mitigate this impact.
c. Where a use which is not a priority shoreline use under the Shoreline Management
Act will locate on a shoreline of the state, the use or development shall provide public
access to mitigate this impact.
d. Within the Port Angeles shoreline jurisdiction, where a use or development will
interfere with a public use of lands or waters subject to the public trust doctrine, the
development shall provide public access to mitigate this impact.
The shoreline permit file shall describe the impact, the required public access conditions, and how the
conditions address the impact.
2. An applicant need not provide public access where one or more of the following conditions
apply.
a. Unavoidable health or safety hazards to the public exist which cannot be prevented
by any practical means;
b. Inherent security requirements of the use cannot be satisfied through the application
of alternative design features or other solutions;
c. The cost of providing the access, easement or an alternative amenity is unreasonably
disproportionate to the total long -term cost of the proposed development;
d. Unacceptable environmental harm will result from the public access which cannot be
mitigated; or
e. Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated.
3. In order to meet any of the conditions "a" through "e" above, the applicant must first
demonstrate and the City determine in its findings that all reasonable alternatives have been
exhausted, including but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting hours of use;
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Chapter 4 - General Policies and Regulations
b. Designing separation of uses and activities (e.g. fences, terracing, use of one -way
glazings, hedges, landscaping, etc.); and
c. Developing provisions for access at a site geographically separated from the proposal
such as a street end, vista or trail system.
4. Development uses and activities shall be designed and operated to avoid blocking, reducing
or adversely interfering with the public's physical and visual access to the water and
shorelines.
5. Public access provided by shoreline street ends, public utilities and rights -of -way shall not be
diminished. (RCW 35.79.035 and RCW 36.87.130).
6. Public access sites shall be connected directly to the nearest public street and shall include
provisions for handicapped and physically impaired persons, where feasible.
7. Required public access sites shall be fully developed and available for public use at the time
of occupancy of the use or activity.
8. Public access easements and permit conditions shall be recorded on the deed of title and/or
on the face of a plat or short plat as a condition running contemporaneous with the authorized
land use, at a minimum. Said recording with the County Auditor's Office shall occur at the
time of permit approval. (RCW 58.17.110).
9. Minimum width of public access easements shall be 25 feet, unless the administrator
determines that undue hardship would result. In such cases, easement width may be reduced
only to the minimum extent necessary to relieve the hardship, provided the larger easement
is not needed for emergency access.
10. The standard state approved logo or other approved signs which indicate the public's right
of access and hours of access shall be constructed, installed and maintained by the applicant
in conspicuous locations at public access sites. In accordance with regulation 2 -a, signs may
control or restrict public access as a condition of permit approval.
11. Future actions by the applicant successors in interest or other parties shall not diminish the
usefulness or value of the public access provided.
12. Visual access shall be maintained, enhanced and preserved on shoreline street ends, public
utilities and rights of way and within public "view corridors as designated by the City."
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Chapter 4 - General Policies and Regulations
K. Shorelines of State -wide Significance
Applicability
The Shoreline Management Act of 1971 designated certain shoreline areas as shorelines of state -wide
significance. Within the City's jurisdiction all salt waters below extreme low tide extending to the
International boundary in the Strait of Juan de Fuca are shorelines of state -wide significance.
Shorelines thus designated are important to the entire state. Because these shorelines are major
resources from which all people in the state derive benefit, this jurisdiction gives preference to uses
which favor long -range goals and support the overall public interest.
Policies (in order of preference)
1. Recognize and protect the state -wide interest over local interest.
2. Preserve the natural character of the shoreline.
3. Result in long -term over short-term benefit.
4. Protect the resources and ecology of the shoreline.
5. Increase public access to publicly owned areas of the shoreline.
6. Increase recreational opportunities for the public on the shoreline.
L. Signage
Applicability
A sign is defined as a device of any material or medium, including structural component parts, which
is used or intended to be 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, community, site, facility, or entertainment,
conducted or sold either on or off premises.
Policies
1. Signs should be designed and placed so that they are compatible with the aesthetic quality of
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Chapter 4 - General Policies and Regulations
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.
3. The design of signs should not reduce auto safety or visual aesthetics from adjacent property.
4. Signs which are linked to the operation of existing uses and attached to said uses should be
of a permanent nature.
Regulations
1. Sign plans and designs shall be submitted for review and approval at the time of shoreline
permit approval.
2. All signs shall be located and designed to minimize interference with vistas, viewpoints and
visual access to the shoreline.
3. Free standing over -water signs are prohibited except for navigational aids. Over -water signs
or signs on float or pilings shall be related to water - dependent uses only and shall not extend
out from the building on which they are located.
4. Lighted signs shall be hooded, shaded, or aimed so that direct light will not result in glare
when viewed from surrounding properties or watercourses. Backlit plastic or vinyl signs or
awning signs are prohibited within shoreline jurisdiction.
5. Freestanding signs related to specific on -site uses or activities shall not exceed 32 square feet
in surface area. On -site freestanding signs shall not exceed 10 feet in height. When feasible,
signs shall be flush - mounted against existing buildings.
6. Temporary or obsolete signs shall be removed within 10 days of elections, closures of
business, or termination of any other function. Examples of temporary signs include: real
estate signs, directions to events, political advertisements, event or holiday signs, construction
signs.
7. No signs which impair visual access shall be placed in a view corridor.
Allowable Signs
The following types of signs may be allowed in all shoreline environments:
1. Water navigational signs, and highway and railroad signs necessary for operation, safety and
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Chapter 4 - General Policies and Regulations
direction.
2. Public information signs directly relating to a shoreline use or activity.
3. Off- premise, free standing signs for community identification, information, or directional
purposes.
4. National, state and institutional flags or temporary decorations customary for special holidays
and similar events of a public nature.
5. Temporary directional signs to public or quasi- public events if removed within 10 days
following the event.
Prohibited
The following types of signs are prohibited:
1. Signage which impairs visual access in view corridors.
2. Off premises detached outdoor advertising signs and billboards.
3. Spinners, streamers, pennants, flashing lights and other animated signs used for commercial
purposes. Highway and railroad signs are exceptions.
4. Signs placed on trees or other natural features.
5. Commercial signs for products, services, or facilities located off -site.
M. Utilities (Accessory)
Applicability
Utilities have been split into accessory and primary, with accessory meaning utilities that affect small
scale distribution services connected directly to the uses along the shoreline. For example, power,
telephone, cable, water and sewer lines, including stormwater systems, are all considered as utilities
accessory to shoreline uses. They are covered in this section because they concern all types of
development and have the potential of impacting the quality of the shoreline and its waters.
Policies
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Chapter 4 - General Policies and Regulations
1. Utility facilities and rights -of -way should be located outside of the shoreline area to the
maximum extent possible. When utility lines require a shoreline location, they should be
placed underground.
2. Utility facilities should be designed and located in a manner which preserves the natural
landscape and shoreline ecology and minimizes conflicts with present and planned land uses.
Regulations
1. In shoreline areas, utility transmission lines, pipelines and cables shall be placed underground
unless demonstrated to be infeasible. Further, such lines 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 unfeasibility of existing routes.
2. Utility development shall, through coordination with government agencies, provide for
compatible multiple use of sites and rights -of -way. 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.
N. Water Quality
Policies
1. All shoreline uses and activities should be located, designed, constructed and maintained to
minimize adverse impacts to water quality.
2. All measures for the treatment of runoff for the purpose of maintaining and/or enhancing
water quality should be conducted on -site before shoreline development impacts waters off -
site.
Regulations
1. All shoreline development, both during and after construction, shall minimize any increase in
surface runoff through control, treatment and release of surface water runoff so that the
receiving water quality and shore properties and features are not adversely affected. Control
measures include but are not limited to dikes, catch basins or settling ponds, oil interceptor
drains, grassy swales, planted buffers and fugitive dust controls.
2. All shoreline development shall comply with the applicable requirements of the City of Port
Angeles Storm Water and Drainage Ordinances.
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Chapter 5
Environment Designations
A. Authority
The Washington State Shoreline Management Act of 1971 through WAC 173 -16- 040(4) requires
that a land use categorization system for shoreline areas be developed by local governments in
preparation of their master programs. The environment designation system is intended to provide a
uniform basis for applying use activity policies and use regulations within distinctly different shoreline
areas. This is accomplished by basing the environmental designations for any specific area on the
following:
• Existing development patterns;
• Biophysical capabilities and limitations of the site; and
• The goals and aspirations of the community.
The environment classification system is intended to work in conjunction with local
comprehensive planning and zoning existing along Port Angeles' shoreline. The environment
designations are aimed at more accurately reflecting the existing intensity of development and
identifying any biophysical capabilities, potentials, and limitations along the shoreline within the
context of Port Angeles' social values and economic characteristics. Consequently, the type of
activity which occurs in a specific environment must be designed and located so that the
objectives of the environment are achieved.
B. Classification Methodology
Port Angeles' shoreline classification system consists of two upland environments and two aquatic
environments. The upland environments encompass all of Port Angeles lands lying within
shoreline jurisdiction upland of the "ordinary high water mark" (OHWM). Aquatic environments
encompass all submerged lands lying below the OHWM extending to all waters within the City of
Port Angeles jurisdiction.
The two upland environments address two very different conditions found along the City's
shorelines. The Urban-Harbor designation was employed to set policies and regulations for Port
Angeles' active central waterfront and industrial areas. Several water - oriented timber, shipping
and marine related industries lie within this designation and provisions were drafted to encourage
their activities. This designation also includes the City's downtown waterfront which supports
many transportation, commercial, boating, recreational and visitor service businesses that are
vital to the Downtown's economy. Provisions for the Urban-Harbor environment promote an
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Chapter 5 - Environment Designations
intense mix of uses that typify current conditions and pursue citywide objectives. The uplands of
Ediz Hook are included within the Urban - Harbor environment because of current and planned
industrial and recreational uses.
Outside the harbor area, much of the city's shorelines, and those within the UGA, are
characterized by steep bluffs, littoral beaches, and other environmentally sensitive conditions.
While these shorelines are environmentally constrained, there has been some development on
shoreline properties. The Urban - Shoreline Protection environment was established to account for
this situation and includes provisions that allow low intensity development which does not
deteriorate the shoreline. The provisions are written so that if the City annexes shoreline areas to
the east or west, they will be designated Urban- Shoreline Protection.
Similarly, the two aquatic environments account for two different conditions in the City's waters.
The Aquatic - Harbor encourages water dependent development while the Aquatic Conservancy
environment emphasizes the protection and renewable use of natural resources. The Aquatic -
Harbor environment encompasses the area within Ediz Hook and generally relates to the Urban -
Harbor environment.
These designations were formulated by the Shorelines Citizen's Advisory Committee, City staff
and consultants. The technical team inventoried existing conditions along the shoreline and
reviewed existing background. Current development plans, including the Harbor Management
Plan were consulted. The Committee, which represented a wide diversity of interests, discussed
the objectives and plans of the various industries and groups that they represent. This information
was assembled by the consultant who prepared and presented alternative environment designation
configurations to the committee. A preferred set of environment designations was formulated by
the committee from the various options and refined over the course of several Committee work
sessions.
Upland
Environment
Aquatic
Environment
Ordinary High Water Mark
(Man Higher High Tide)
The Aquatic Environments extend waterward of
the Ordinary High Water Mark (Mean Higher
High Tide).
Shoreline Master Program Page 61
C. Designation Map
Chapter 5 - Environment Designations,
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Shoreline Master Program
C. DESIGNATION MAP
CHAPTER 5 - ENVIRONMENT DESIGNATIONS
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Chapter 5 - Environment Designations
D. Urban- Harbor (U -H)
Definition
The Urban - Harbor is an area of high intensity land and shoreline use featuring a mix of industrial,
commercial and recreational development. Shorelines in this environment front largely on
navigable water of varying depth and have varying levels of upland access.
Purpose
To ensure optimum use of shorelines within urbanized areas by providing for intensive public and
commercial activities and by managing development to enhance and maintain shorelines for a
multiplicity of urban uses.
Criteria for Designation
Areas to be designated Urban-Harbor (U -H) should relate to more than one of the following:
1. Areas of intensive land and shoreline use including industrial, commercial and recreational
activity.
2. Areas designated in an adopted public agency plan for expansion of uses.
3. Areas used for intensive port activity, excluding those areas used primarily for deep -draft,
ocean going vessels.
4. Areas which do not have a high priority for designation as an alternative environment.
5. Areas which do not contain biophysical limitations to shoreline use and which have
adequate utilities and access.
Management Policies
1. Encourage development within already developed areas and areas planned for
redevelopment.
2. Continue the City's program of enhancing public access along the shoreline. Encourage
public access, both physical and visual, and develop public attractions that provide the
opportunity for people to enjoy the shoreline.
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Chapter 5 - Environment Designations
3. Give priority to existing industries and those new industries and activities which are
dependent on a shoreline location.
4. Encourage landscaping and screening of existing and new activities which have the
potential for adversely affecting adjacent properties.
5. Encourage continued efforts by public and private industries to improve the quality of air
and water.
6. Encourage actions to address additional problems of noise, visual impact, dust, light, etc.
7. Encourage redevelopment of existing under -used shoreline areas by designating acceptable
spoils disposal sites.
8. Encourage recognition of identified historical, archaeological, or cultural aspects which
may exist in these urban areas.
9. Encourage a mix of compatible water - oriented uses and supporting services which provide
opportunities for industrial, recreational, and commercial development.
10. Upgrade the visual qualities of the environment.
11. Increase physical, functional and economic connections between the downtown and the
waterfront.
12. Protect Ediz Hook as an important natural and economic resource.
Areas Designated
Shoreline areas upland of the ordinary high water mark (OHWM) from the City limits as of June
30, 1994 on the east and extending westward along the central waterfront and around Ediz Hook
to the centerline of "N" street extended.
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Chapter 5 - Environment Designations
E. Urban- Shoreline Protection (U -SP)
Definition
An area which may be relatively free of human development or an area with significant limitations
on development.
Purpose
To protect, conserve, and manage existing quasi - natural systems by maintaining sufficient physical
and biological features in order to provide shoreline use options for future generations. To
protect existing development from destruction without damaging the natural environment.
Criteria for Designation
Areas to be designated Urban- Shoreline Protection should relate to more than one of the
following:
1. Areas possessing biophysical limitations too severe to allow them to develop intensively.
Such limitation would include:
a. Steep slope areas presenting erosion and slide hazards.
b. Areas with soils having poor drainage.
c. Areas adjacent to erodable beaches or sensitive intertidal areas.
2. Areas where intensive development or use would interfere with natural processes resulting
in significant damage to other resources.
3. Areas possessing aesthetic or biological qualities of such high local or wide significance
that extensive modification or use would adversely affect such qualities.
4. Areas which are free from extensive development and do not have a high priority for
designation as an alternative environment and can serve as needed open space by
maintaining their existing character.
5. Areas which play an important part in maintaining the ecological balance of the region.
Shoreline Master Program Page 65
Chapter 5 - Environment Designations
a. Areas rich in quality and quantity of life form.
b. Areas important to the maintenance of the natural quality and flow of the water.
c. Areas important to the food chain process (i.e., estuaries).
Management Policies
1. Allow uses which do not permanently deplete the physical and biological resources of the
area.
2. Allow activity which increases public access and enjoyment of the area without resulting in
degradation to the character of the area.
3. Encourage use of these areas for their educational and scientific benefits.
4. Apply strict standards to development along the shoreline.
Areas Designated
Shorelines upland of the ordinary high water mark (OHWM) which are annexed to the City of
Port Angeles after June 30, 1994 and,
Shorelines upland of the OHWM from the centerline of N street (extended) westward to the City
limits as of June 30, 1994.
F. Aquatic - Harbor (A -H)
Purpose
1. To promote the intensive use of the harbor areas for water - dependent industrial,
commercial and recreational uses.
2. To protect the water quality and integrity of natural aquatic systems.
Designation Criteria
1. Water bodies (submerged lands) within the Ediz Hook Harbor which are intensively used
Page 66 Shoreline Master Program
for water - dependent activities.
Management Policies
Chapter 5 - Environment Designations
1. Structures which are not water - dependent and uses which will substantially degrade the
existing character of the area should be prohibited.
2. Developments within the Aquatic - Harbor Environment should be compatible with the
adjoining upland environment.
3. Diverse public access opportunities to water bodies should be encouraged and developed
and should be compatible with the existing shorelines and water body uses and
environment.
4. Several industries using the same tideland facilities shall be given preference over single
industry use.
5. 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, unhindered passage of fish and animals, particularly
those whose life cycles are dependent on such migration.
6. Filling operations should be accomplished in such a manner as not to create a substantial
environmental impact.
7. Development of underwater pipelines and cables on first class tidelands and bedlands will
be discouraged except where adverse environmental impacts can be shown to be less than
the impact of upland alternatives; when permitted, such facilitates should include adequate
provisions to ensure against substantial or irrevocable damage to the environment.
8. Abandoned and neglected structures which 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.
Areas Designated
Submerged lands lying within the Ediz Hook Harbor westward of a line extending from the
easternmost tip of Ediz Hook southward to the Port Angeles City limits at the shoreline as of June
30, 1994.
Shoreline Master Program Page 67
1
Chapter 5 - Environment Designations
G. Aquatic Conservancy (A -C)
Definition
All water bodies and submerged land in the City of Port Angeles jurisdiction which are not
subjected to intense water - dependent uses.
Purpose
The purpose of the Aquatic - Conservancy environment designation is to protect and enhance the
natural characteristics and functions of the resource.
Designation Criteria
Submerged lands below OHWM which are one or more of the following:
1. All marine and fresh water areas which are not intensively used for industrial or
commercial purposes.
2. All marine waters not designated Aquatic Harbor.
Management Policies
1. Except for special situations involving a public benefit, over water structures should be
discouraged.
2. Developments within the Aquatic - Conservancy environment should be compatible with
the adjoining upland environment.
3. Diverse public access opportunities to water bodies should be encouraged and developed
and should be compatible with the existing shorelines and water body uses and
environment.
4. Aquaculture practices should be encouraged in those tidelands, waters and beds most
suitable for such use.
5. In appropriate areas fishing and recreational uses of the water should be protected against
Page 68 Shoreline Master Program
Chapter 5 - Environment Designations
competing uses that would interfere with these activities.
6. 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 such migration.
7. Deep draft uses, if allowed, should not occur in areas requiring extensive initial or
maintenance dredging.
8. Filling operations should be accomplished in such a manner as to not create a substantial
environmental impact.
9. Development of underwater pipelines and cables on first class tidelands and bedlands will
be discouraged except where adverse environmental impacts can be shown to be less than
the impact of upland alternatives; when permitted, such facilities should include adequate
provisions to ensure against substantial or irrevocable damage to the environment.
10. Abandoned and neglected structures which could 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.
Areas Designated
All submerged lands which lie below the ordinary high water mark of shorelines and which fall
under the jurisdiction of the Shoreline Management Act; excluding areas designated Aquatic
Harbor. Aquatic - Conservancy areas include:
1. Marine waters outside the Ediz Hook Harbor as defined in the Aquatic Harbor
designation.
2. The waters of Morse Creek upon annexation to the City of Port Angeles.
Shoreline Master Program Page 69
Chapter 5 - Environment Designations
H. Environmental Designation Matrices
Key
U -H: Urban - Harbor
U -SP: Urban - Shoreline Protection
A -H: Aquatic - Harbor
A -C: Aquatic Conservancy
Shoreline Use
U -H U -SP A -H A -C
Aquaculture
P
X
C
C
Boating facilities (marinas incl.)
P
X
P
X
Commercial
Water- dependent
P
X
P
X
Water- related/Water- enjoyment
P
X
C
X
Non - water - oriented
C
X
X
X
Industrial
Water - dependent
P
X
P
X
Water - related/Water- enjoyment
P
X
C
X
Non - water - oriented
C'
X
X
X
Mining
X
X
X
X
Parking (accessory)
P
X
C
X
Parking (primary, paid incl.)
P"
X
X
X
Recreation
Water - dependent
P
P
P
P
Water related/Water- enjoyment
P
P
C
X
Non - water- oriented
C
X
X
X
Single famil residential
P
P
X
X
Page 70
Shoreline Master Program
I
Chapter 5 - Environment Designations
Key
U -H: Urban- Harbor
U -SP: Urban - Shoreline Protection
A -H: Aquatic - Harbor
A -C: Aquatic - Conservancy
SHORELINE USE (Cont.'
Environment Designation
U -H U -SP A -H A -C
Multi - family residential
PP
X
X
Land subdivision
P
C
X14
X
Signs
On premise
P
X
P2
X
Off premise
X
X
X
X
Public, highway
PP
X
X
Solid waste disposal
X
X
X
X
Transportation
Water- dependent
PP
P
P
Water- related/Water- enjoyment
PC
X
X
Non - water - oriented
C
C'2
C12
C12
Roads, railroads
P
C12
C12
C12
Utilities
P
C31,
C312
C312
SHORELINE USE/MODIFICATION
ACTIVITY MATRICES KEY
P = Permitted outright
C = Permitted with condition as a "Conditional Use"
X = Prohibited
Shoreline Master Program
Page 71
Chapter 5 - Environment Designations
U -H: Urban - Harbor
U -SP: Urban - Shoreline Protection
A -H: Aquatic Harbor
A -C: Aquatic Conservancy
All shoreline modification activities shall be in support of an allowable shoreline use which
is in conformance with the provisions of this Master Program. All shoreline modification activities
not in support of a conforming shoreline use shall be prohibited. Exception: Shoreline stabilization
may be allowed providing it can be demonstrated that such activities are necessary for the
maintenance of shoreline stability and natural ecology.
ENVIRONMENT DESIGNATION
Shoreline Modification Activities
U -H U -SP A -H A -C
Shoreline Stabilization
P
P
P
C3
Beach Resoration/
Enhancement
P
P
P
C3
Bioengineering
P
P
P
C3
Revetments
P
C
P
C3
Bulkheads
P
C
P
C3
Breakwaters/ Rock Wiers/ Groins
P
C
P
C3
Dikes, Levees
C
C
P
C3
Dredging13
P
C
P
C
Hazardous Waste Cleanup
P
PP
P
Landfill
P
C
P
C
Piers, Docks
P
X
P
X
Page 72
Shoreline Master Program
Chapter 5 - Environment Designations
Development Standards
U -H U -SP A -H A -C
Non - residential Buildings
Water - depemdent Setback
0
0
0
NA
Minimum water - related, water-
enjoyment setback
10
50'
-
NA
NA
Minimum non - water - oriented setback
50'
50'
NA
NA
Maximum building height limit
(S)
NA
35'
NA
Parking
(6)
,
(6)
NA
NA
Recreational Development
Setbacks:
Non - water - oriented (buildings)
40'
50e8
NA
NA
Campsites picnic areas and related uses
10'
50i8
NA
NA
Access roads, restrooms, accesory
structures
30'
50'
NA
NA
Golf course, sports field, intensive use
areas
100'
100'
NA
NA
Height Limit
(s)
(5)
12'
12'
Residential Development
Setbacks
(7)
50'
NA
NA
Height Limit
(5)
(5)
NA
NA
Signs (Freestanding)9
Maximum height
10'
NA
NA
NA
Maximum surface area (s.f.)
•
32
NA
NA
NA
Shoreline Master Program Page 73
Chapter 5 - Environment Designations
DEVELOPMENT STANDARDS (cont.)
Development Standards
U -H U -SP A -H A -C
Transportation Facilities
Setbacks:
Non - arterial, secondary, access roads
50i10
100'10
NA
NA
Arterials, highways, railroads
100i10
100'10
NA
NA
Utilities
Setbacks: buildings and distribution lines
0
50i10
NA
NA
Height Limits
Buildings, storage tanks, accessory
uses
(S)
(5)
NA
NA
Distribution poles
(S)
(S)
0'
01
Notes to Use, Modification Activity and Development Standard Matrices.
1. Allowed as addition to an existing use only, or if the City determines that no other suitable
sites exist for the proposed use.
2. Building mounted signs only. See General Provisions: Signage for specific requirements.
3. Shoreline stabilization in the Aquatic - Conservancy designation allowed only as a means to
maintain natural shorelines ecology or to protect existing roads and utilities. Maintenance or
repair of a bank protection of existing roads and utilities may be permitted outright.
4. Public access must be provided on waterside of development.
5. See Port Angeles Zoning Code. Minimize impact of parking on visual and physical access
to shoreline.
6. The City may modify site design to reduce functional and aesthetic impact of parking.
7. Residences are allowed in upper stories of a building containing a water- oriented use only.
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Chapter 5 - Environment Designations
8. All permanent structures must be set back from unstable bluffs as specified in General
Provisions: Sensitive Areas - Unstable Bluff Provisions.
9. See General Provisions: Signage.
10. The City may modify setback requirements if no suitable alternative exists.
11. Parking as a primary use may be permitted in the U -H environment on lots which are not
directly adjacent to the shoreline, provided the City finds that such parking is essential for
supporting other water oriented uses.
12. The City may allow roads, bridges and other transportation systems as conditional uses if no
suitable alternative exists. Parking as a primary use on lots adjacent to the shoreline is
prohibited.
13. Dredge material disposal according to PSDDA management plan is an approved activity.
14. Platting of previously platted tidelands is a permitted activity.
Shoreline Master Program Page 75
CHAPTER 6
Shoreline Use Policies and Regulations
A. Aquaculture
Applicability
Aquaculture is the farming or culturing of food fish, shellfish or other aquatic plants and animals in
lakes, streams, inlets, estuaries and other natural or artificial water bodies. Activities include the
hatching, cultivating, planting, feeding, raising and harvesting of aquatic plants and animals and the
maintenance and construction of necessary equipment, buildings and growing areas. 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. When consistent with
control of pollution and prevention of damage to the environment, aquaculture activities are a
preferred shoreline use (see WAC 173 -16- 060(2)).
Policies
1. Consideration should be given to both the possible positive impacts and the possible
detrimental impacts aquacultural development might have on the physical environment, on
other existing and approved land and water uses, including navigation, tribal "usual and
accustomed fishing grounds ", public access and on the aesthetic qualities of the project area.
2. Preference should be given to those forms of aquaculture that involve lesser environmental
and visual impacts. In general, projects that require no structures, submerged structures or
intertidal structures should be given preference over those that involve substantial floating
structures. Projects that require few land -based facilities should be given preference over
those that require extensive facilities. Projects that involve little or no substrate modification
should be given preference over those that involve substantial modification.
3. Experimental aquaculture projects should be limited in scale and should be approved for a
limited (specified) period of time.
Regulations
1. Applicants shall include in their applications all information needed to conduct thorough
evaluations of their aquaculture proposals, including but not limited to the following:
a. Species to be reared;
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Chapter 6 - Shoreline Use Policies and Regulations
b. Aquaculture method(s);
c. Anticipated use of any feed, pesticides, herbicides, antibiotics or other substances and
their predicted impacts;
d. Manpower /employment necessary for the project;
e. Harvest and processing location, method and timing;
f. Location and plans for any shoreside activities, including loading and unloading of the
product and processing;
g. Method of waste management and disposal;
h. Environmental assessment, including best available background information on water
quality, tidal variations, prevailing storm wind conditions, current flows, flushing
rates, aquatic and benthic organisms and probable impacts on water quality, biota,
currents, littoral drift and any existing shoreline or water uses. Further baseline
studies may be required depending upon the adequacy of available information,
existing conditions, the nature of the proposal and probable adverse environmental
impacts. Baseline monitoring shall be at the applicant's expense unless otherwise
provided for;
i. Method(s) of predator control;
J•
Use of lights and noise generating equipment over water that minimizes interference
with surrounding uses; and
k. Other pertinent information deemed necessary by the City.
2. The location of floating and submerged aquaculture structures shall not unduly restrict
navigation to or along the shoreline or interfere with general navigation lanes and traffic or
"usual and accustomed fishing locations ". Floating structures shall remain shoreward of
principal navigation channels. Other restrictions on the scale of aquaculture activities in order
to protect navigational access may be necessary based on the size and shape of the affected
water body.
3. No aquatic organism shall be introduced into City salt or fresh waters without prior written
approval of the Washington Department of Fisheries or the appropriate regulatory agency for
the specific organism proposed for introduction. The required approval shall be submitted
Shoreline Master Program Page 77
Chapter 6 - Shoreline Use Policies and Regulations
in writing to the City prior to the introduction or the granting of the permit, whichever comes
first.
4. Aquacultural structures and activities that are not water - dependent (e.g., warehouses for
storage of products, parking lots) shall be located inland of the ordinary high water mark,
upland of water dependent portions of the project and shall minimize detrimental impacts to
the shoreline.
5. Aquacultural structures and equipment shall be of sound construction and shall be so
maintained. Abandoned or unsafe structures and equipment shall be removed or repaired
promptly by the owner. Where any structure might constitute a potential hazard to the public
in the future, the City may require the posting of a bond commensurate with the cost of
removal or repair. The City may abate an abandoned or unsafe structure, following notice
to the owner, if the owner fails to respond in thirty days and may 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. No processing of any aquacultural product, except for the sorting or culling of the cultured
organisms and the washing or removal of surface materials or organisms, shall occur in or
over the water after harvest, unless specifically approved by permit.
7. Aquacultural 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.
8. Aquacultural uses and facilities shall be located at least 600 feet from any national wildlife
refuge lands and/or habitats of special significance for birds or mammals (as identified in
recognized reference documents such as the Washington State Department of Ecology
publication, "Washington Coastal Areas of Major Biological Significance," and/or as
determined by the Washington State Department of Wildlife); provided that fish net -pens and
projects involving substantial substrate modification shall be located 1,500 feet or more from
such areas; provided further that lesser distances may be authorized by permit other than a
variance if it is demonstrated by the applicant that the wildlife resource will be protected and
if the change is supported by the reviewing resource agencies. Greater distances may also be
required if supported by the reviewing resource agencies.
9. Predator control shall not involve the killing or abusive harassment of birds or mammals.
10. For aquacultural projects using over -water structures, storage of necessary tools and
apparatus seaward of the ordinary high water mark shall be limited to containers that are as
compact as possible.
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Chapter 6 - Shoreline Use Policies and Regulations
11. Fish net -pens shall meet, as a minimum, state - approved administrative guidelines for the
management of net -pen cultures.
12. For floating aquaculture facilities the City shall reserve the right to require a visual impact
analysis consisting of information comparable to that found in the Department of Ecology's
"Aquacultural Siting Study" 1986. Such analysis may be prepared by the applicant, without
professional assistance, provided that it is competently prepared.
B. Boating Facilities
Applicability
Boating facilities include marinas, both backshore and foreshore, dry storage and wet - moorage types,
boat launch ramps, covered moorage, boat houses, mooring buoys and marine travel lifts. See "Piers
and Docks" for non - marina associated boating facility provisions.
A marina is a water - dependent use that consists of a system of piers, buoys, or floats to provide
moorage for ten or more boats. For regulatory purposes, large community moorage facilities, yacht
club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch
facilities and supplies and services for small commercial and/or pleasure craft may be associated with
marinas. Backshore marinas are located landward of the OHWM. Foreshore marinas are 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 landfill), depending
on the location.
Accessory uses found in marinas may include fuel docks and storage, boating equipment sales and
rental, repair services, public launching, bait and tackle shops, potable water, waste disposal,
administration, parking, groceries and dry goods.
Uses and activities associated with boating facilities which are identified in this SMP as separate uses
(i.e., Piers and Docks, Bulkheads, Breakwaters, Commercial Development, Industrial Development
[including ship and boat building and repair yards] Groins, Dredging, Landfill, Utilities and
Transportation Facilities) are subject to the regulations established for those uses in addition to the
standards for boating facilities established in this section.
Policies
1. Boating facilities should be located, designed and operated to provide maximum feasible
protection and enhancement of all forms of aquatic, littoral or terrestrial life. To the extent
possible, marinas should be located in areas of low biologic productivity.
Shoreline Master Program Page 79
Chapter 6 - Shoreline Use Policies and Regulations
2. Boating facilities should be located and designed to minimize adverse effects upon erosion,
littoral transport and accretion shoreforms, as well as scarce and valuable shore features
including riparian habitat and wetlands.
3. Boating facilities should be located and designed so their structures and operations will be
aesthetically compatible with the area visually affected, and will not unreasonably impair
shoreline views.
4. New marina facilities should be designed to accommodate public access and enjoyment of the
shoreline including provisions for walkways, view points, rest room facilities and other
recreational uses according to the scale of the facility.
5. Installation and maintenance of accessible boat sewage disposal (pump -out) facilities should
be required and available in convenient locations to all boaters.
6. Live -a -boards should only be allowed in those limited circumstances where their
environmental and use impacts can be substantially avoided.
Regulations -- General
1. Boating facility development and/or renovations shall comply with all other applicable state
agency policies and regulations including, but not limited to: the Washington Department of
Fish and Wildlife criteria for the design of bulkheads, landfills and marinas; Federal Marine
Sanitation standards (EPA 1972) requiring water quality certification from the U.S. Army
Corps of Engineers (Section 10); U.S. Army Corps of Engineers dredging standards (Section
404); and state and federal standards for the storage of fuels and toxic materials.
2. The City shall require and utilize the following information in its review of marina proposals:
a. Existing natural shoreline and backshore features and uses, bathymetric contours (1-
foot increments);
b. Geohydraulic processes and flushing characteristics, volume, rates and frequencies;
c. Biological resources and habitats for the backshore, foreshore and aquatic
environments;
d. Area of surface waters appropriated and leased areas;
e. Site orientation; exposure to wind, waves, flooding or tidal/storm surges; type and
extent of shore defense works or shoreline stabilization and flood protection
Page 80 Shoreline Master Program
Chapter 6 - Shoreline Use Policies and Regulations
necessary;
f. Impact upon existing and created demand for shoreline and water uses including
public access and recreation and views;
g.
The design of the facilities, including sewage disposal, water quality controls,
provisions for the prevention and control of fuel spillage and a landscaping plan.
3. Accessory uses at marinas or public launch ramps shall be limited to those which are water -
dependent, water- related or water - enjoyment. Accessory uses shall be consistent in scale and
intensity with the marina and/or launch ramp and surrounding uses.
4. All boating facilities and accessory uses must conform to the General Provisions and
Environment Designation Provisions.
5. Boat launches and marina entrances shall not be located closer than 1,000 feet from beaches
commonly used for swimming or valuable areas for commercial or recreational fishing or
shellfish collection unless the City determines there is no suitable alternative.
6. Marinas and launch ramps shall not locate at or along significant littoral drift sectors,
including resource material areas, such as feeder bluffs and accretion beaches, points, spits
and hooks, marshes, bogs, swamps and lagoons, estuaries, significant fish and shellfish
spawning and rearing areas, or poorly - flushed lagoons and backwaters.
7. Proposals for marinas shall include launch facilities unless the applicant can demonstrate the
unfeasibility of providing such facilities.
8. Marina design shall provide thorough flushing of all enclosed water areas and shall not restrict
the movement of aquatic life requiring shallow water. The marina design shall minimize
interference with geohydraulic processes and disruption of existing shore forms.
9. Boating facilities shall be designed so their structures and operations will be aesthetically
compatible with or will enhance existing shoreline features and uses. Boating facilities shall
mitigate for adverse development impacts on -site and to adjacent properties.
10. The perimeter of parking, dry moorage and other storage areas shall be landscaped to provide
and maintain a visual buffer between adjoining dissimilar uses or scenic areas. The permit
application shall identify the size, location and species list of landscaping that will be used
stressing native vegetation.
11. Public arsess, both visual and physical, shall be an integral part of all marina development and
Shoreline Master Program Page 81
Chapter 6 - Shoreline Use Policies and Regulations
design commensurate with the particular proposal and must include the following:
a. Marinas and public launch ramps shall be designed so that existing or potential public
access along beaches is not unnecessarily blocked nor made dangerous and public use
of the waters below the ordinary high water mark is not unduly impaired.
b. Covered moorage in marinas shall not be constructed where visual access from public
access areas and/or significant numbers of residences is blocked.
12. Location of fueling stations on docks, floats, and/or the shore shall be considered on an
individual basis and recommendations will be made as to its location by the Washington
Departments of Fisheries and Wildlife.
13. All marinas will include measures for sewage pump -out and disposal. Location of boat waste
disposal facilities (pump -outs, dump stations and toilets) shall be considered on an individual
basis with consultation with Departments of Health, Ecology, Public Works and Parks as
needed.
14. The discharge of untreated sewage and/or toxic material from boats and/or shore installations
shall be prohibited within any marina. Toxic material herein defined as any material damaging
marine life includes but is not limited to paints, varnishes, detergents, petroleum, bilge waste
water, etc.
15. Upland facilities shall be designed and managed in compliance with stormwater BMPs in
order to minimize or prevent negative impacts to water quality.
16. Boating facilities shall locate stationary boat waste disposal facilities in close proximity to
boat refueling locations.
17. Over -water parking facilities are prohibited.
18. To the maximum extent possible, marinas and accessory uses shall share parking facilities,
with marina usage given preference.
19. Marinas and launch ramps shall be located where access streets are adequate to handle the
traffic load generated by the facility and shall be designed to minimize other circulation and
access conflicts. Backing of trailers on public roads shall be prohibited.
20. Ingress - egress as well as the use and enjoyment of the water or beach on adjoining property
shall not be unduly restricted or impaired.
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Chapter 6 - Shoreline Use Policies and Regulations
Regulations -- Utilities
1. Where moorage is offered in new, expanded or renovated existing marinas, pump -out, holding
and/or treatment facilities shall be provided for sewage contained on boats and/or vessels.
Such facilities shall be located so as to be accessible to all boats. The responsibility for the
adequate and approved collection and disposal of marina originated sewage, solid waste and
petroleum waste is that of the marina operator.
2. All marinas shall provide rest rooms and showers for boaters' use. They shall be kept clean
and at a minimum be located within 200 feet from the dock or pier; there shall be 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.
3. Pipes, plumbing, wires and cables at marina sites shall be placed at or below ground and dock
levels.
4. Public boat launch facilities shall provide and maintain rest rooms or portable toilets and
dump stations.
Regulations -- Management and Operations
1. Marinas shall have adequate facilities and establish posted operational procedures for fuel and
sewage handling and storage in order to prevent and minimize accidental spillage.
2. Marinas shall have facilities, equipment and established posted procedures for the
containment, recovery and mitigation for spilled petroleum, sewage and toxic products and
debris from maintenance and repair (see Chapter 7, "Industry", for more specific criteria).
3. Marina operators shall post the following signs where they are readily visible to all marina
users:
a. Regulations pertaining to handling and disposal of waste, including gray water,
sewage and toxic materials;
b. Regulations prohibiting the use of marine toilets while moored unless these toilets are
self - contained or have an approved treatment device; and
c. Rules and Best Management Practices for boat maintenance and repairs on site.
4. Garbage or litter receptacles shall be provided and maintained by the marina operator at
Shoreline Master Program Page 83
Chapter 6 - Shoreline Use Policies and Regulations
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.
5. The dock facilities shall be equipped with adequate lifesaving equipment such as life rings,
hook and ropes.
6. Adequate fire protection shall be required as per the City adopted Fire Code.
7. Recreational swimming shall be prohibited within marina facilities unless the swimming area
is adequately separated, protected and posted.
8. If dredging at marina entrances changes the littoral drift processes and adversely affects
adjacent shores, the marina operator shall be required to periodically replenish these shores
with the appropriate quantity and quality of aggregate as determined by a geohydraulic study
paid for by the operator and completed to the satisfaction of the Administrator.
Regulations -- Boat Launches
1. Launch ramps may be permitted on marine or riverine accretion shoreforms, provided any
necessary grading is not harmful to affected resources and any accessory facilities are located
out of the floodway.
2. Where ramps are permitted, parking and shuttle areas shall not be located on scarce accretion
shoreforms which have high value for general shore recreation.
3. Launch ramps shall be permitted only on stable nonerosional banks, where no or a minimum
number of current deflectors or other stabilization structures will be necessary.
4. Ramps shall be placed and kept near flush with the foreshore slope to minimize the
interruption of geohydraulic processes.
Regulations -- Covered Moorage
1. Covered moorage is prohibited between Cherry Street (extended) and Vine Street (extended)
and on the Ediz Hook Shoreline.
2. Marina developers are required to provide a detailed plan for covered moorage development
before permits are granted. Such a plan must indicate: (a) covered moorage location, size and
general design; (b) impact on shoreline views in the marina and from adjacent private and
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public properties; and (c) that the structures will be built to conform to the City building and
fire codes, withstand stresses from storms and weather 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.
3. The maximum height for covered moorage is 20 feet above the extreme high tide level.
Maximum allowable area of covered moorage within the over -water portion of the marina is
limited to 10 percent of the over -water area.
4. All covered moorage at a specific marina shall be of similar and/or compatible design,
materials, color, length and height (unless they exceed the present height limits); and shall be
constructed in contiguous groups or modules as part of the overall project.
5. All covered moorage shall be constructed of nonreflective neutral material and colors.
Regulations -- Mooring Buoys
1. Mooring buoys shall be located as close to the shore as possible.
2. Buoys must be discernible under normal daylight conditions at a minimum of 100 yards and
must have reflectors for night time visibility.
C. Commercial Development
Applicability
Commercial development means those uses which are involved in wholesale, retail, service and
business trade. Examples include, but are not limited to, hotels, motels, grocery markets, shopping
centers, restaurants, shops, offices and private or public indoor recreation facilities. Excluded from
this category are residential or recreational subdivisions, boating facilities and industry.
Uses and activities associated with commercial development which are identified as separate use
activities in this program such as Industry, Boating Facilities, Transportation Facilities, Utilities, Solid
Waste Disposal, Piers, Wharves and Docks, Bulkheads and Shoreline Stabilization and Flood
Protection are subject to those regulations in addition to the standards for commercial development
established herein.
The General Policies and Regulations also apply to all commercial uses unless otherwise stated.
Policies
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1. New commercial development located in shoreline areas should be limited to those which are
water - oriented uses and activities as defined herein. Non- water - oriented development is
strongly discouraged; however, when permitted, it should not displace water - oriented
development in shoreline areas.
2. Commercial developments should be prohibited over water unless the use is water - oriented.
3. Commercial development should be encouraged to utilize existing transportation corridors
and minimize the number of ingress/egress points. Ingress/egress should be designed to
minimize potential conflicts with and impact on regular corridor traffic.
4. Commercial development should be encouraged to provide physical or visual access to the
shoreline or other opportunities for the public to enjoy the shorelines of the state.
5. Multiple use concepts which include open space and recreation should be encouraged in
commercial developments.
Regulations - General
1. The City shall require and utilize the following information in its review of commercial
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 specific
components;
b. Need for shoreline location;
c. Special considerations for enhancing the relationship of the activity to the shoreline;
d. Provisions for public visual and physical access to the shoreline;
e. Provisions to ensure that the development will not cause adverse environmental
impacts; and
f. For mixed -use proposals, provisions for alternative mixes of water - oriented and non-
water- oriented uses and activities, structural locations, site designs and bulk
considerations, alternative enhancements for physical and visual public access to the
shoreline (both public and private space) and other considerations which address the
goals and policies of the SMP.
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2. Water - oriented commercial developments may be permitted as indicated in Figure _
Shoreline Use and Modification Activity Matrix. In accordance with said matrix and other
provisions of this SMP non - water - oriented commercial developments may be permitted by
CUP only where it can be demonstrated that:
a. A water - oriented use is not reasonably expected to locate on the proposed site due
to topography, surrounding land uses, physical features or due to the site's separation
from the water;
b. The proposed use does not usurp or displace land currently occupied by a water -
oriented use and will not interfere with adjacent water - oriented uses; and
c. The proposed use will be of appreciable public benefit by increasing public use,
enjoyment or access to the shoreline.
3. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
4. Commercial development shall be consistent with the character and features of the
surrounding area. To this end, the City may adjust the project dimensions and setbacks (so
long as they are not relaxed below minimum standards without a shoreline variance permit),
and/or prescribe operation intensity and screening standards as deemed appropriate. Need
and special considerations for landscaping and buffer areas shall also be subject to review.
5. All commercial loading and service areas shall be appropriately located so as to mimimize
visibility of and screen the loading and service area from the shoreline and water body.
D. Flood Hazard Management
Applicability
Flood hazard management projects are those actions taken with the primary purpose of preventing
or mitigating damage due to flooding. Flood hazard management projects or programs may employ
any or several physical or regulatory controls including dikes, dams, lakes, engineered floodways,
bioengineering, planning and zoning (land use management). These provisions also apply to repair
and maintenance of flood hazard management systems if the systems are enlarged or otherwise
modified.
Policies
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1. Flood hazard management planning should be undertaken in a coordinated manner among
affected property owners and public agencies and should consider entire drainage systems or
sizable stretches of rivers, lakes or marine shorelines. Thus, planning should consider the off -
site erosion and accretion or flood damage that might occur as a result of stabilization or
protection structures or activities.
2. Nonstructural solutions are preferred over structural flood control devices, and should be
used wherever possible, including prohibiting or limiting development in historically flood
prone areas, regulating structural design and limiting increases in peak stormwater runoff
from new upland development, public education and land acquisition for additional flood
storage. Structural solutions to reduce shoreline damage should be allowed only after it is
demonstrated that nonstructural solutions would not be able to reduce the damage.
3. Residential, conunercial and industrial uses should be discouraged within undeveloped
floodplain areas.
Regulations
1. The City shall require and utilize the following information during its review of shoreline
flood management projects and programs.
a. River channel hydraulics and floodway characteristics up and downstream from the
project area;
b. Existing shoreline stabilization and flood protection works within the area;
c. Physical, geological and soil characteristics of the area;
d. Biological resources and predicted impact to fish, vegetation and animal habitat
associated with shoreline ecological systems;
e. Predicted impact upon area shore and hydraulic processes, adjacent properties and
shoreline and water uses; and
f. Analysis of alternative flood protection measures both structural and nonstructural.
2. Conditions of Hydraulic Project Approval, issued by Washington State Department of
Fisheries or Wildlife, may be incorporated into permits issued for flood protection.
3. The City shall require professional engineer design of flood protection works where such
projects may cause interference with normal river geohydraulic processes, lead to erosion of
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other upstream and downstream shoreline properties or adverse effects to shoreline resources
and uses.
4. Flood protection measures shall be planned and constructed based on a state - approved
comprehensive flood control management plan, when available, and in accordance with
Chapter 86.16 RCW and the National Flood Insurance Program.
5. Flood protection measures that alter, reroute or change the natural water course of the
shoreline may be approved as a conditional use only if it is demonstrated that other flood
protection and planning measures would be insufficient. Alternative measures to be analyzed
shall include bioengineering techniques, restrictions to development, shoreline setbacks and
comprehensive land use planning.
6. Residential, commercial, health care facilities, and industrial uses which may be damaged by
flooding are prohibited in undeveloped 100 -year floodplains. In determining whether a use
may be damaged, the local government should consider its location, its design and the extent
to which development has occurred in the floodplain.
7. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
E. Industry
Applicability
Industrial developments are facilities for processing, manufacturing and storage of finished or semi-
finished goods. Ports are public enterprises providing services and facilities for waterborne
commerce, airborne commerce and industrial development dependent upon waterfront locations or
attracted to a port because of the variety of available transportation. Included in ports and industry
are such activities as container ship terminals, log storage, log rafting, petroleum storage, hazardous
waste generation, transport and storage, ship building, concrete and asphalt batching, tug and barge
operations, etc. Excluded from this category and covered under other sections of the SMP are
boating facilities, piers and docks, utilities, solid waste disposal and transportation facilities.
Activities associated with port and industrial development which are identified as separate use
activities in this program, such as Dredging, Landfill, Transportation Facilities, Utilities, Piers and
Docks, Bulkheads, Breakwaters, Wharves and Groins, Shoreline Stabilization and Flood Protection
and Signs, are subject to the regulations established for those in addition to the provisions for ports
and industry established in this section.
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Policies
Chapter 6 - Shoreline Use Policies and Regulations
1. The Port Angeles Harbor represents a regional industrial resource serving shipping, logging,
fishing and other activities. Regional and state -wide needs for industrial facilities should be
carefully considered in reviewing new proposals as well as in allocating shorelines for such
development. Such reviews or allocations should be coordinated with the Port of Port
Angeles.
2. Expansion or redevelopment of existing legally established industrial areas, facilities and
services with the possibility of incorporating shared -use development should be encouraged
over the addition and/or location of new or single- purpose industrial facilities.
3. Joint use of piers, cargo handling, storage, parking and other accessory facilities among
private or public entities should be strongly encouraged or required in waterfront industrial
areas.
4. New industrial development should be required to provide physical and/or visual access to
shorelines and visual access to facilities whenever possible and when such access does not
cause significant interference with operations or hazards to life and property.
5. Dry land log storage is preferred over water storage.
6. Wherever practical and environmentally beneficial, paved log storage yards should be
encouraged over aggregate - surfaced yards to reduce wood waste disposal problems and
control and treat resultant runoff.
Regulations
1. Proposed industrial developments or major expansions shall be consistent with Port Angeles
Harbor Management Plan, or, if not, be accompanied by a feasibility analysis acceptable to
the City.
2. Only water - dependent and water - related industries shall be permitted in the shoreline
jurisdiction as primary uses.
3. New facilities for shallow draft shipping or other vessels shall not be allowed to preempt
scarce deep draft port sites.
4. Existing industrial development on shorelines which is neither water - dependent nor water -
related may be permitted as a conditional use to expand inland from existing structures but
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not parallel to or waterward of the OHWM. Waterward expansion of existing non- water-
oriented industry is prohibited.
5. Sewage treatment, water reclamation and desalinization plants may only be permitted by
conditional use and shall be located where they do not interfere with and are compatible with
recreational, residential or other public uses of the water and shorelands. Sewer outfalls may
be permitted, provided they meet all applicable water quality standards.
6. Storage and/or disposal of industrial wastes is prohibited within shoreline jurisdiction,
PROVIDED that waste water treatment systems may be allowed in shoreline jurisdiction only
if alternate, inland areas have been adequately proven infeasible. A performance bond of at
least 150 percent of the fair market value of the estimated cost of a cleanup or rehabilitation
effort may be required.
7. Waste disposal, except clean soils and clean dredge spoils, is prohibited within shoreline
jurisdiction. Temporary storage of waste is allowed, provided any hazardous materials
stockpiled during cleanup operations shall be removed from the shoreline area as soon as
excavation is completed.
8. New or expanded facilities for water transport of bulk crude or other forms of petroleum in
vessels over 125,000 dwt shall be prohibited within the Ediz Hook vicinity.
9. At new or expanded port and/or industrial developments, the best available facilities practices
and procedures shall be employed as per 33CFR 154 & 156 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 those spills that do occur.
10. The Port of Port Angeles and industries are encouraged to make beneficial use of dredged
material when feasible.
11. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
12. 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 the
surrounding water quality. Standards for BMPs are found in Water Quality Manual: Best
Management Practices and will be referred to in the following text as BMP.
Regulations -- Design
1. The City may require that new or expanded upland industrial development be set back and
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buffered from adjacent shoreline properties which are used for nonindustrial purposes.
Buffers shall be of adequate width, height and plant and soil composition to protect shorelines
and such other properties from visual or noise intrusion, minimize erosion and protect water
quality. Buffers shall not be used for storage of industrial equipment or materials, nor for
waste disposal, but may be used for outdoor recreation if consistent with public access and
other provisions of the SMP.
2. Display and other exterior lighting shall be designed, shielded and operated to minimize glare,
avoid illuminating nearby properties and prevent hazards for public traffic.
Regulations -- Log Storage
1. 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.
2. Berms, dikes, grassy swales, vegetated buffers, retention ponds or other means shall be used
to ensure that surface runoff is collected and discharged from the storage area at one point,
if possible. It shall be demonstrated that State water quality standards and/or criteria will not
be violated by such runoff under any conditions of flow leaving the site and entering into
nearby water courses. If such demonstration is not possible, treatment facilities for runoff
shall be provided, meeting State and Federal standards.
3. Offshore log storage, when allowed, shall be located where natural tidal or current flushing
and water circulation is optimal to disperse polluting wastes.
4. Log storage shall not be permitted in public waters where water quality standards cannot be
met at all times or where these activities are a hindrance to other beneficial water uses such
as small craft navigation.
5. The free -fall, violent dumping of logs into water shall be prohibited. Easy let -down devices
shall be employed for placing logs in the water.
6. Positive bark and wood debris control, collection and disposal methods shall be employed at
log dumps, raft building areas and mill -side handling zones. This shall be required for both
floating and sinking particles.
7. Log dumps shall not be located in rapidly flowing waters or other water zones where bark and
debris controls cannot be effectively provided.
8. Logs shall not be dumped, stored or rafted where grounding will usually occur.
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9. Where water depths will permit the floating of bundled logs, they shall be secured in bundles
on land before being placed in the water. Bundles shall not be broken again except on land
or at millside.
10. No log yard direct runoff onto City Streets or to the storm system shall be allowed.
11. Tire cleaning shall occur before equipment moves off of a log yard to a city street.
F. Recreational Development
Applicability
Recreational development provides opportunities for the refreshment of body and mind through forms
of play, sports, relaxation, amusement or contemplation. It includes facilities for passive recreational
activities such as hiking, photography, viewing and fishing. It also includes facilities for active or more
intensive uses such as parks, campgrounds, golf courses and other outdoor recreation areas. 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.
Policies
1. The coordination of local, state and federal recreation planning should be encouraged so as
to mutually satisfy recreational needs. Shoreline recreational developments should be
consistent with all adopted park, recreation and open space plans.
2. Recreational developments and plans should promote the primacy of preserving the natural
character, resources and ecology of shorelines of state -wide significance. (See use
preferences, RCW 95.58.020).
3. A variety of compatible recreational experiences and activities should be encouraged to satisfy
diverse recreational needs.
4. The shoreline public access should be connected to other points in the city with linear
systems, such as hiking paths, bicycle paths, easements and/or scenic drives.
5. Artificial marine life habitats should be encouraged in order to provide increased aquatic life
for recreation. Such habitats should be constructed in areas of low habitat diversity and in
consultation with the Department of Fisheries and Wildlife and local tribes.
6. The use of shoreline street ends and publicly owned lands suitable for public access and
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development of recreational opportunities should be encouraged.
Regulations -- General
1. Valuable shoreline resources and fragile or unique areas such as marshes, bogs, swamps,
estuaries and accretion beaches shall be used only for nonintensive and nonstructural
recreation activities.
2. Substantial accessory use facilities, such as rest rooms, recreation halls and gymnasiums,
commercial services, access roads and parking areas shall be setback from the OHWM unless
it can be shown that such facilities are essentially shoreline - dependent. These areas may be
linked to the shoreline by walkways.
3. For recreation developments that require the use of fertilizers, pesticides or other toxic
chemicals, such as golf courses and play fields, the applicant shall submit plans demonstrating
the methods to be used to prevent these applications and resultant leachate from entering
adjacent water bodies.
4. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
5. In approving shoreline recreational developments, the City shall encourage the developer to
maintain, enhance or restore desirable shoreline features including unique and fragile areas,
scenic views and aesthetic values. To this end, the City may adjust and/or prescribe project
dimensions, location of project components on the site, intensity of use, screening, parking
requirements and setbacks, as deemed appropriate to achieve this intent.
6. No recreational buildings or structures shall be built over water, EXCEPT water - dependent
and/or public access structures such as piers, docks, bridges or viewing platforms may be
permitted.
7. Recreational facilities shall make adequate provisions, such as screening, buffer strips, fences
and signs, to prevent overflow and to protect the value and enjoyment of adjacent or nearby
private properties and natural areas.
G. Residential Development
Applicability
Residential development means one or more buildings, structures, lots, parcels or portions thereof
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which are designed for and used or intended to be used to provide a place of abode for human beings,
including single - family residences, duplexes, other detached dwellings, floating homes, multi - family
residences, apartments, townhouses, mobile home parks, other similar group housing, condominiums,
subdivisions and short subdivisions, together with accessory uses and structures normally applicable
to residential uses including but not limited to garages, sheds, tennis courts, swimming pools, parking
areas, fences, cabanas, saunas and guest cottages. Residential development does not include hotels,
motels or any other type of overnight or transient housing or camping facilities.
Exemptions
Although a substantial development permit is not required for construction within shoreline
jurisdiction by an owner, lessee or contract purchaser of a single - family residence for his own use or
the use of his family, such construction and all normal appurtenant structures must otherwise conform
to this master program. "Appurtenance" means a structure that is necessarily connected to the use
and enjoyment of a single- family residence and includes a garage, deck, driveway, utilities, fences and
grading which does not exceed 250 cubic yards (see WAC 173 -14 -040 (1)(g)).
The Shoreline Management Act exempts from the requirement to obtain a substantial development
permit the construction of any structure with a fair market value less than $2,500. Although these
structures are exempt from obtaining a substantial development permit, compliance with the
provisions, prohibitions, regulations and development standards of this program is still required and
may include variance and conditional use permits. Developments other than a single - family residence,
including multi - family residential development, all subdivisions, floating homes and nonexempt
accessory structures are required to obtain a substantial development permit.
Policies
1. Residential development should be permitted only where there are adequate provisions for
utilities, circulation and access. Residential development should be prohibited in
environmentally sensitive areas including but not limited to marshes, bogs and swamps, steep
bluffs, floodways, etc.
2. Residential development should be prohibited where potential conflicts with water - oriented
or public uses might occur.
3. Residential development should be designed so as to preserve existing shoreline vegetation,
control erosion and protect water quality, shoreline aesthetic characteristics, views and
normal public use of the shoreline and the water.
4. Residential developments, including all development of more than one single - family residence,
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should provide dedicated and improved public access to the shoreline in a manner which is
appropriate to the site and the nature and size of the development.
5. New residential development should be encouraged to cluster dwelling units in order to
preserve natural features, minimize physical impacts and reduce utility and road costs.
6. Structures or other developments accessory to residential uses should be designed and located
to blend into the site as much as possible. Accessory use and structures should be located
landward of the principal residence.
Regulations
1. Residential development shall not be approved where flood control, shoreline protection
measures or bulkheading will be required to create residential lots or site area. Residential
development shall be located and designed to avoid the need for structural shore defense and
flood protection works in the foreseeable future.
2. All residential structures, accessory uses and facilities shall be arranged and designed so as
to preserve public views and vistas to and from shorelines and water bodies and be compatible
with the aesthetic values of the area.
3. Prior to issuance of a building permit, plat or short plat or other shoreline development
approval, the developer shall submit adequate plans for preservation of shore vegetation and
for control of erosion during and after construction, resulting in permanent shoreline
stabilization. Such plans shall be a part of the shoreline permit, if one is required.
4. New residential structures and accessory structures shall be prohibited over water or floating
on the water.
5. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
6. Subdivisions and planned unit developments of five or more waterfront lots/units shall
dedicate, improve and provide maintenance provisions for a pedestrian easement which
provides area sufficient to ensure usable access to and along the shoreline for all residents of
the development and the general public. When required, public access easements shall be a
minimum of 25 feet in width and shall be in compliance with public access standards
contained herein, notwithstanding a reduction to relieve hardship pursuant to the Public
Access provisions.
7. Accessory uses shall be reasonable in size and purpose and compatible with on -site and
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adjacent structures, uses and natural features (see WAC 173- 14- 040(1)(g).
H. Transportation Facilities
Applicability
Transportation facilities are those structures and developments that aid in land and water surface
movement of people, goods and services. They include roads and highways, bridges and causeways,
bikeways, trails, railroad facilities, freight terminals, ferry terminals, float plane terminals, heliports
and other related facilities.
Policies
1. New roads, railroads and bridges in shoreline jurisdiction should be minimized, and allowed
only when related to and necessary for the support of permitted shoreline activities.
2. Road and railroad locations should be planned to fit the topographical characteristics of the
shoreline such that minimum alteration of natural conditions results. New transportation
facilities should be located and designed to minimize the need for shoreline protection
measures and minimize the need to modify natural drainage systems. The number of
waterway crossings should be limited to the maximum extent possible.
3. Trail and bicycle paths should be encouraged along shorelines where they are compatible with
the natural character, resources and ecology of the shoreline.
4. When existing transportation corridors are abandoned they should be reused for water -
dependent use or public access.
5. Joint use of transportation corridors within shoreline jurisdiction for roads, utilities and
motorized forms of transportation should be encouraged.
6. Abandoned or unused road, railroad or utility rights -of -way or easements which offer
opportunities for public access to the water should be acquired and/or retained for such use.
Regulations -- General
1. Transportation facilities and services shall utilize existing transportation corridors whenever
possible, provided that facility additions and modifications will not adversely impact shoreline
resources and are otherwise consistent with this program. If expansion of the existing corridor
will result in significant adverse impacts, then a less disruptive alternative shall be utilized.
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2. Transportation and primary utility facilities shall be required to make joint use of rights -of-
way and to consolidate crossings of water bodies where adverse impact to the shoreline can
be minimized by doing so.
3. Landfills for transportation facility development are prohibited in water bodies, marshes,
bogs and swamps and on accretion beaches, EXCEPT when all structural and upland
alternatives have been proven infeasible and the transportation facilities are necessary to
support uses consistent with this program, such landfill may be permitted as a CUP.
4. The following regulation applies to shoreline road ends: RCW 35.79.035 and RCW 36.87.130
prohibits the City from vacating any City road which abuts a body of salt or fresh water unless
the street or road is not currently used or suitable for boat moorage or launching site or for
a park, viewpoint, recreation, education or other public purposes (see RCW legal procedure
to vacate streets).
5. All shoreline development must conform to the General Provisions and the Environment
Designation Provisions stated in this master program.
Regulations -- Location and Design
1. Major new highways, freeways and railways shall be located outside shoreline jurisdiction,
EXCEPT to serve water - dependent or public uses consistent with this program when inland
alternatives are infeasible, including unavoidable water crossing.
2. New transportation facilities shall be located and designed to prevent or minimize the need
for shoreline protective measures such as riprap or other bank stabilization, landfill,
bulkheads, groins or substantial site grading. Transportation facilities allowed to cross over
water bodies, marshes, bogs and swamps shall utilize elevated, open pile or pier structures
whenever feasible. All bridges must be built high enough to allow the passage of debris and
provide 3 feet of freeboard above the 100 -year flood level.
3. Bridges, crossings, debris grates, culverts and similar devices used for fish passage shall meet
all requirements set by the State Department of Fisheries and Wildlife.
4. All shoreline areas disturbed by facility construction and maintenance shall be replanted and
stabilized with compatible, self - sustaining vegetation by seeding, mulching or other effective
means immediately upon completion of the construction or maintenance activity. Such
vegetation shall be maintained until established by the agency or developer constructing or
maintaining the road.
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5. Both commercial and individual private float plane and heliport facility services shall conform
to FAA standards and building and fire codes, which include fuel, oil spill clean up, safety and
fire fighting equipment and vehicle and pedestrian separation.
6. Transportation facilities are prohibited in:
a. Hazardous areas such as steep slopes or areas with soils subject to severe erosion or
landslides;
b. Front of feeder bluffs, over driftways or on accretion shoreforms; or in
c. Areas where river channel direction and alignment is subject to change.
7. The City shall give preference to mechanical means rather than the use of herbicides for
roadside brush control on City roads in shoreline jurisdiction. If the situation requires the use
of herbicides, they shall be applied to noxious weeds only, so that chemicals do not enter
adjacent water bodies or damage or kill beneficial native shoreline vegetation.
8. No machinery shall operate within a stream bed except in compliance with a hydraulics permit
issued by the Washington State Department of Fisheries and Wildlife. Any soil or debris
accidentally placed in a water channel during bridge construction shall be immediately
removed by approved methods.
I. Utilities (Primary)
Applicability
Utilities are services and facilities that produce, transmit, carry, store, process or dispose of electric
power, gas, water, sewage, communications, oil and the like. The provisions in this section apply to
primary use and activities such as solid waste handling and disposal, sewage treatment plants and
outfalls, public and private high- tension utility lines on public property or easements, power
generating or transfer facilities, gas distribution lines and storage facilities. See Chapter 4, "Utilities"
for on -site accessory use utilities.
Solid waste disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of
any solid or hazardous waste on any land area on or in the water.
Solid waste includes all putrescible and nonputrescible 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,
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household appliances and other discarded commodities. Solid waste does not include sewage, dredge
material or agricultural or other commercial logging wastes not specifically listed above.
Policies
1. Utilities should utilize existing transportation and utility sites, rights -of -way and corridors
whenever possible, rather than creating new corridors. Joint use of rights -of -way and
corridors should be encouraged.
2. Utilities should be prohibited in marshes, bogs and swamps, estuaries, critical wildlife areas
or other unique and fragile areas unless no feasible alternatives exist.
3. New utility facilities should be located so as not to require extensive shoreline protection
works.
4. Utility facilities and corridors should be located so as to protect scenic views. Whenever
possible, such facilities should be placed underground or alongside or under bridges.
5. Utility facilities and rights -of -way should be designed to preserve the natural landscape and
to minimize conflicts with present and planned land uses.
Regulations
1. Applications for installation of utility facilities shall include the following:
a. Description of the proposed facilities;
b. Reason(s) why the utility facility requires a shoreline location;
c. Alternative locations considered and reasons for their elimination;
d. Location of other utility facilities in the vicinity of the proposed project and any plans
to include the facilities of other types of utilities in the project;
e. Plans for reclamation of areas disturbed both during construction and following
decommissioning and/or completion of the primary utility's useful life;
f. Plans for control of erosion and turbidity during construction and operation; and
g. Identification of any possibility for locating the proposed facility at another existing
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utility facility site or within an existing utility right -of -way.
2. Utility development shall, through coordination with local government agencies, provide for
compatible, multiple use of sites and rights -of -way. Such uses include shoreline access points,
trail systems and 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 and disproportionate liability for the owner.
3. Utility lines shall utilize existing rights -of -way, corridors and/or bridge crossings whenever
possible and shall avoid duplication and construction of new or parallel corridors in all
shoreline areas. Proposals for new corridors or water crossings must fully substantiate the
unfeasibility of existing routes.
4. The following utility facilities, which are not essentially water - dependent may be authorized
by conditional use permit:
a. Water system treatment plants;
b. Sewage system lines, interceptors, pump stations and treatment plants;
c. Electrical energy generating plants (except for instream structures), substations, lines
and cables; and
d. Petroleum and gas pipelines.
5. New solid waste disposal sites and facilities are prohibited.
6. Existing above ground lines should be moved underground during normal replacement
processes where practical.
7. New utility lines including electricity under 12 KV, communications and fuel lines shall be
located underground, except where the presence of bedrock or other obstructions make such
placement infeasible.
8. New utility developments shall be located and designated so as to avoid or minimize the use
of any structural or artificial shore defense or flood protection works.
9. Where major facilities must be placed in a shoreline area, the location and design shall be
chosen so as not to destroy or obstruct scenic views.
10. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially
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injurious to water quality are prohibited, unless no other alternative exists. In those limited
instances when permitted by conditional use, automatic shut-off valves shall be provided on
both sides of the water body.
11. Clearing of vegetation for the installation or maintenance of utilities shall be kept to a
minimum and upon project completion any disturbed areas shall be restored to their
preproject condition.
12. Waste water outfalls are a permitted use.
13. Repair, maintenance and armoring of existing utility lines is a permitted use.
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Chapter 7
Shoreline Modification Activity Regulations
A. Introduction
Shoreline modification activities are structures or actions which permanently change the physical
configuration or quality of the shoreline, particularly at the point where land and water meet.
Shoreline modification activities include, but are not limited to, structures such as revetments,
bulkheads, levees, breakwaters, piers, docks, and floats. Actions such as clearing, grading, landfilling,
and dredging are also considered shoreline modification activities.
Generally, shoreline modification activities are undertaken for the following reasons:
To prepare a site for a shoreline use.
To provide shoreline stabilization or shoreline protection.
To support an upland use.
A single shoreline use may require several different shoreline modification activities. For example,
marina development may require dredging, clearing, grading, and landfilling as well as breakwater
construction.
The policies and regulations in this chapter are intended to prevent or mitigate the adverse
environmental impacts of proposed shoreline modification activities. General provisions, which apply
to all shoreline modification activities, are followed by provisions tailored to specific shoreline
modification activities. This chapter provides policies and regulations for the following shoreline
modification activities:
1. Shoreline stabilization and shoreline protection, including:
Shoreline restoration and enhancement
Bioengineering
Revetments
Bulkheads
Breakwaters, rock wiers, and groins
Dikes and levees
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2. Dredging and dredge material disposal.
3. Landfill.
4. Piers, wharves, docks, floats and buoys.
B. General Shoreline Modification Provisions
Applicability
The following provisions apply to all shoreline modification activities whether such proposals address
a single property or multiple properties.
Policies
1. All new shoreline development should be located and designed to prevent or minimize the
need for shoreline modification activities.
2. When shoreline modification activities are necessary, they should be as compatible as possible
with natural shoreline processes.
3. Shoreline modification activities should be discouraged on shorelines existing in their natural
state.
4. Public shoreline stabil»ation and shoreline protection projects should incorporate multiple use
and shoreline public access whenever possible.
5. In the review of proposals involving modifications to the shoreline, consideration should be
given to the potential cumulative impacts of similar proposals. Steps should be taken to
prevent the gradual degradation of shorelines due to the cumulative impacts of seemingly
small modifications.
Regulations
1. All shoreline modification activities must be in support of a permitted shoreline use. Shoreline
modification activities which do not support a permitted shoreline use are considered
"speculative" and are prohibited by this master program; unless it can be demonstrated that
such activities are necessary and in the public interest for the maintenance of shoreline
environmental resource values.
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2. Structural shoreline modification measures shall be permitted only if nonstructural measures
are unable to achieve the same purpose. Nonstructural measures considered shall include
alternative site designs, increased setbacks, relocation, and bioengineering.
3. Stream channel modification (i.e., realignment) shall be prohibited as a means of shoreline
stabilization or shoreline protection, unless it is the only feasible alternative.
4. All new shoreline development shall be located and designed to prevent or minimize the need
for shoreline modification activities.
5. Proponents of shoreline modification projects shall obtain all applicable federal and state
permits and shall meet all permit requirements.
6. In addition to the permit information required by WAC 173- 14 -110, the City shall require and
consider the following information when reviewing shoreline modification proposals:
a. Construction materials and methods;
b. Project location relative to toe and crest of uplands and upland structures;
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). For freshwater:
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;
f. Profile rendition of beach and uplands;
g. Beach type, slope and material;
h. Uplands type, slope and material;
i. Soil types (S.C.S.);
j. Physical or geologic stability of uplands;
k. Potential impact to natural shoreline processes, adjacent properties, and upland
stability; and
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1. The potential cumulative impact of other similar modifications in other applicable
locations.
7. In addition to the permit information required by WAC 173-14-110 and items 6a -1, above, the
City may require and consider the following information when reviewing shoreline
stabilization and shoreline protection proposals:
a. Purpose of project;
b. Hydraulic characteristics of the shoreline 1/2 mile either side of the project site;
c. Existing shoreline stabilization and shoreline protection 1/2 mile either side of the
project site;
d. Construction materials and methods;
e. Physical and geological characteristics of the project site;
f. Predicted impacts to natural shoreline processes, adjacent properties, and existing
shoreline and water uses; and
g. Nonstructural alternatives which will achieve the same purpose.
8. Shoreline stabilization and shoreline protection shall be located landward of the floodway and
all associated marshes, bogs and swamps.
9. Following completion of shoreline modification activities, disturbed shoreline areas shall be
restored to preproject conditions to the greatest extent possible. Plantings shall consist of
native grasses, shrubs, and/or trees in keeping with preexisting bank vegetation. If native
species are not available and vegetation is needed for shoreline stabilization purposes, the City
will determine acceptable plant substitutes.
10. Shoreline modification activities, with the exception of shoreline restoration or enhancement
efforts, are prohibited in marshes, bogs, and swamps and in salmon and trout spawning
habitats.
11. Use of car bodies, scrap building materials, asphalt from street work, or discarded equipment
or appliances shall be prohibited for shoreline stabilization and shoreline protection.
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C. Shoreline Stabilization and Shoreline Protection
The purpose of shoreline stabilization and shoreline protection is to prevent or mitigate upland beach
erosion caused by flood, current, wave, or wake action.
The following shoreline stabilization and shoreline protection methods are organized from "soft" to
"hard ". The use of "soft" methods is the preferred "best practices" choice when considering shoreline
stabilization or shoreline protection. Policies and regulations are included for the following:
Shoreline restoration and enhancement
Bioengineering
Revetments
Bulkheads
Breakwaters, Rock Weirs and Groins
D. Shoreline Restoration and Enhancement
Applicability
Shoreline restoration and/or enhancement is the improvement of the natural characteristics of upland,
tidal, or submerged shoreline using native materials. The materials used are dependent on the
intended use of the restored or enhanced shoreline area.
Policies
1. The City should consider shoreline enhancement and/or restoration as an alternative to
structural shoreline stabilization and protection measures where:
a. The length and configuration of the shoreline will accommodate such systems.
b. Such an approach is reasonable to the needs of the specific site.
c. Shoreline enhancement and/or restoration will accomplish one or more of the
following objectives:
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i. Recreate or enhance natural shoreline conditions.
ii. Create or enhance natural habitat.
Prevent erosion which is not integral to natural shoreline processes.
iv. Enhance access to publicly -owned shorelines.
2. All shoreline restoration and/or enhancement projects should protect the integrity of adjacent
natural resources including aquatic habitats and water quality.
3. Where possible, shoreline restoration and/or enhancement should use maintenance -free or
low- maintenance designs.
4. The City should require beach replenishment where structural shoreline stabilization is likely
to starve the beach at or downdrift from the project site.
5. Shoreline restoration and/or enhancement should not extend waterward more than necessary
to achieve the intended results.
Regulations
1. Shoreline enhancement may be permitted if the project proponent demonstrates no significant
change to littoral drift or river current will result which will adversely affect adjacent
properties or habitat.
2. Shoreline restoration and/or enhancement projects shall use best available technology.
3. Beach or shoreline restoration and/or enhancement shall not:
a. Extend waterward more than the minimum amount necessary to achieve the desired
result.
b. Create "additional dry land.
c. Disturb significant amounts of valuable shallow water fish or wildlife habitat without
appropriate mitigation.
d. Significantly interfere with the normal public use of the navigable waters of the state
without appropriate mitigation.
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4. Shoreline enhancement is prohibited in spawning, nesting or breeding habitat which would
be adversely affected by the enhancement efforts.
5. Shoreline enhancement is prohibited where potential dispersal of enhancement materials from
littoral drift will adversely affect adjacent spawning, nesting, or breeding habitat.
E. Bioengineering
Applicability
Bioengineering uses natural vegetation to stabilize or protect the shoreline from erosion.
Bioengineering is an alternative to traditional structural shoreline stabilization and protection, which
use hard materials like riprap, concrete, or steel. Bioengineering can provide fish and wildlife habitat
and preserve the natural character of the shoreline.
Policies
1. Bioengineering projects should be designed to maintain water quality, protect fish and wildlife
habitat, and maintain flood holding capacity. Bioengineering projects should be designed and
scheduled to minimize impacts to natural resources.
2. Bioengineering should use native, maintenance -free or low- maintenance vegetation.
3. Bioengineering projects should extend no further waterward than is necessary to achieve the
intended results.
4. Bioengineering projects should be adequately protected from incompatible uses such as
livestock and off road vehicles.
5. Bioengineering projects should follow recommended best management practices for
establishing/restoring vegetation in shoreline and riparian areas. Guidance from the Soil
Conservation Service, the Washington Department of Fisheries and Wildlife, Washington
Department of Ecology, and local Conservation Districts should be considered.
Regulations
1. The City may require and utilize the following information, in addition to the standard permit
information required by WAC 173 -14 -110, in its review of all bioengineering projects:
a. Proposed construction timing;
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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
soil preparations;
e. Existing and proposed slope profiles, including location of ordinary high water mark;
f. Proposed designs for transition areas between the project site and adjacent properties;
g.
Documentation (including photos) of existing (pre- construction) shoreline
characteristics.
2. Bioengineering projects shall be scheduled to minimize impacts to water quality, fish and
wildlife habitat, and aquatic and upland habitat.
3. Bioengineering projects shall use native trees, shrubs and/or grasses, unless such an approach
is unfeasible.
4. Cleared areas shall be replanted following construction. Vegetation shall be fully
reestablished within three years. Areas which fail to adequately reestablish vegetation shall
be replanted with approved plants until the plantings are viable.
5. A buffer shall be established for a minimum of three years to protect the project site from
incompatible uses (for example, livestock, vehicles or other activities which could disturb the
site).
6. All bioengineering projects shall be monitored and maintained.
F. Revetments
Applicability
Revetments are sloped structures built to protect an eroding shoreline or newly placed fill against
waves, wakes, currents, or weather. Revetments are typically built of randomly placed boulders
(riprap) but may also be built of sand- cement bags, paving or building blocks, gabions (rock filled
wire baskets), or other materials.
Policies
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1. Revetments should be allowed only where nonstructural shoreline stabilization or shoreline
protection cannot achieve the same purpose.
2. Revetment construction or maintenance should not adversely impact shoreline resources.
Where adverse impacts are unavoidable, mitigation should be required.
3. Revetments should be designed to accommodate public access to publicly -owned shorelines
whenever appropriate.
Regulations -- General
1. Revetments shall be constructed and maintained so they do not reduce water quality or
adversely impact fisheries habitat.
2. Revetment design shall properly consider:
a. Hydrologic and geologic conditions.
b. Stream flow, velocity, and flood capacity.
c. Potential impacts to adjacent properties.
3. Bank revetments, where permitted, shall be placed at the extreme edge or bank of the
shoreline.
4. Revetments shall be designed to accommodate shoreline public access to publicly -owned
shorelines whenever possible.
5. Revetments must be in support of an allowable shoreline use which is in conformance with
the provisions of this master program; unless it can be demonstrated that such activities are
necessary and in the public interest for the maintenance of shoreline environmental resources.
6. Riprap shall be constructed using techniques and materials which will enhance natural
shoreline values and functions, including fish and wildlife habitat, water quality, vegetation,
and aesthetics.
a. Riprap material shall consist of clean quarried rock, free of loose dirt and pollutants,
and shall be of sufficient size and weight to prevent movement by wave or current
action.
b. Use of downed logs, snags, or rock -work to enhance habitat and to provide a more
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Chapter 7 - Shoreline Modification Activity Regulations
natural appearance to the shoreline shall be incorporated into the design where
appropriate.
c. Whereon -site environmental conditions allow, vegetation shall be integrated into the
riprap design to reduce erosion, provide cover, shade and habitat, and improve the
natural appearance of the shoreline.
7. Revetment siting and design shall use appropriate engineering principles, including guidelines
of the U.S. Soil Conservation Service and the U.S. Army Corps of Engineers.
G. Bulkheads
Applicability
Bulkheads are walls usually constructed parallel to the shore whose primary purpose is to contain and
prevent the loss of soil caused by erosion or wave action. Bulkheads also are called seawalls;
however the term seawall is generally reserved for more massive public works structures along the
open coast.
Exemptions
Normal protective bulkheads common to existing single - family residences do not require shoreline
substantial development permits (SSDP); however, normal protective bulkheads still must comply
with all other master program policies and regulations. Project proponents must obtain a statement
of exemption from the City before commencing construction of any bulkhead. WAC 173 -14 -040
(1)(c) states:
A normal protective bulkhead is constructed at or near the ordinary high water mark to
protect an existing single -family residence and is for protecting land from erosion, not for the
purpose of creating land. Where an existing bulkhead is being replaced, it shall be
constructed no further waterward of the existing bulkhead than is necessary for construction
of new footings.
Policies
1. The City should discourage the construction of bulkheads on feeder bluffs and on
undeveloped shorelines.
2. New development requiring bulkheads should be discouraged.
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3. When bulkheading is necessary, the City should encourage affected property owners and
public agencies to coordinate bulkhead development for stretches of shoreline.
4. The City should consider the cumulative effect of bulkheads along a stretch of shoreline
before granting individual bulkhead exemptions.
5. Bulkheads should not be approved as a solution to geologic problems, such as mass slope
failure, sloughing, or landsliding, which are caused by factors with an upland origin.
Regulations -- General
1. Bulkheads are prohibited when their primary purpose is to:
a. Retain or create dry land (unless specifically authorized by permit).
b. Protect a platted lot where no structure presently exists.
2. Bulkheads shall be allowed only when the project proponent demonstrates that a
nonstructural solution will not achieve the same purpose, and one of the following conditions
exists:
a. Serious wave erosion threatens an established use or existing building(s) on upland
property; or
b. Bulkheads are necessary to the operation and location of water - dependent and water -
related activities consistent with this master program.
3. Bulkhead design and construction shall conform to all other applicable state agency policies
and regulations.
4. All bulkheads must be in support of an allowable shoreline use which is in conformance with
the provisions of this master program unless it can be demonstrated that such activities are
necessary and in the public interest for the maintenance of shoreline environmental resources.
Regulations -- Location and Design
1. Bulkheads are prohibited on shorelines with sensitive geological, hydrological, or biological
resources or processes, including but not limited to feeder bluffs, wetlands, and accretion
shoreforms.
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2. Bulkheads are permitted only where local physical conditions such as foundation bearing
material and surface and subsurface drainage are suitable.
3. Bulkheads shall be located landward of the OHWM, landward of protective berms (artificial
or natural), and generally parallel to the natural shoreline.
a. On marine accretion beaches, bulkheads shall be set back a minimum of 25 feet
landward of the OHWM and shall parallel the natural shoreline.
b. On bluff or bank shorelines where no other bulkheads are adjacent, bulkhead
construction shall be as close to the bank as possible and in no case shall be more than
3 feet from the toe of the natural bank.
c. Bulkheads may tie in flush with existing bulkheads on adjoining properties, provided
that (1) the adjoining bulkheads were built at or near the OHWM and (2) the new
bulkhead does not extend more than three feet waterward of OHWM at any point.
If there is an existing bulkhead on only one of the adjacent properties, the proposed
bulkhead may tie in flush with the adjacent bulkhead at or landward of the OHWM
and shall be contoured to minimize the land -area waterward of the required setback,
which shall be met on the side not abutting an existing bulkhead.
4. Replacement bulkheads may be located immediately in front of and abutting (sharing a
common surface) an existing bulkhead provided that replacement bulkheads are not
authorized abutting an abandoned or neglected bulkhead or a bulkhead in serious disrepair
located more than three feet waterward of OHWM. Replacement of such bulkheads shall be
located at or above OHWM.
5. Bulkheads at public access sites shall provide safe access to the water.
6. Bulkheads shall be designed with the minimum dimensions necessary to adequately protect
the development for the expected life of the development.
7. Stairs or other permitted structures may be built into bulkheads, but such structures shall not
extend waterward of the bulkhead.
8. Bulkheads shall have adequate toe protection to ensure bulkhead stability without relying on
additional riprap.
9. Materials used in bulkhead construction shall meet the following standards:
a. Bulkheads shall utilize stable, nonerosional, homogeneous materials such as concrete,
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wood, riprap (rock), or other suitable materials which will accomplish the purpose
with the maximum preservation of natural shoreline characteristics.
b. Beach materials shall not be used for fill behind bulkheads unless it is specifically
authorized by the permit and then only when it is demonstrated that leaving the
material on the beach would be detrimental to shoreline resources.
10. Fill behind bulkheads shall be limited to an average of 1 cubic yard per running foot of
bulkhead. Any filling in excess of this amount shall be considered landfill and shall be subject
to the landfill provisions in this master program and the shoreline substantial development
permit process.
H. Breakwaters, Rock Weirs and Groins
Applicability
Breakwaters are protective structures built off shore to protect harbor areas, moorage, navigation,
beaches and bluffs from wave action. Breakwaters may be fixed (for example, rubble mound or rigid
wall), open -pile, or floating.
Rock weirs and groins are structures built seaward perpendicular to the shore for the purpose of
building or preserving an accretion beach by trapping littoral sand drift. Generally narrow and of
varying lengths, groins may be built in a series along the shore.
Policies
1. In general, breakwaters, rock weirs and groins should be discouraged because these structures
permanently impact natural shoreline processes, create the need for ongoing maintenance
dredging or beach replenishment programs, and adversely affect shorelines located downdrift
of the project site.
2. If permitted, the City should encourage:
a. Anchored -in -place open -pile or floating breakwaters over fixed breakwaters.
b. Rock weirs and groins designed as part of an overall system approach intended to
minimize the need for ongoing shoreline modification activities.
3. Protection of the City's scenic and aesthetic resources should be considered in the review of
proposals for breakwaters, rock weirs and groins.
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4. Breakwaters, rock weirs and groins should provide public shoreline access or multiple use
opportunities wherever possible.
5. Breakwaters, rock weirs and groins should be located, designed and constructed primarily to
prevent damage to existing development. New development requiring such structures should
be discouraged except when one of the following conditions exists:
a. Serious wave erosion threatens an established use or existing building(s) on upland
property; or
b. Bulkheads are necessary to the operation and location of water - dependent and water -
related activities consistent with this master program.
Regulations -- General
1. The design and construction of breakwaters, rock weirs and groins shall conform to all
applicable state agency policies and regulations.
2. The City shall require and use the following information in its review of breakwater, rock
weir, or groin proposals:
a. Purpose of the structure.
b. Net and seasonal direction and quantity of littoral drift and tidal currents.
c. Seasonal wind data (wind rose).
The following information also is required for groins:
d. Profile of uplands.
e. Beach types, slope, and materials
f. Upland slope, geology, vegetation, and stability.
g. Soils types. (Soil Conservation Service).
h. Potential impact to adjacent shoreline processes, properties and upland stability.
3. Proposals for groins and fixed breakwaters shall notify, by certified mail, all shoreline property
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owners within the same drift sector as the proposed project. If a reasonable determination
of the drift sector is not possible, all shoreline property owners within 1 mile of the proposed
project shall be notified.
4. The effect of proposed breakwaters, rock weirs and groins on sand movement shall be
evaluated during permit review. The beneficiaries and/or owners of large scale works that
substantially alter, reduce or block littoral drift and cause new erosion of downdrift shores
shall be required to establish and maintain an adequate long term beach replenishment
program (either by artificially transporting sand to the downdrift side of an inlet or) by
artificial beach replenishment (in the case of breakwaters, rock weirs, and groins).
5. All breakwater, rock weir and groin proposals must be in support of an allowable shoreline
use which is in conformance with the provisions of this master program; unless it can be
demonstrated that such activities are necessary and in the public interest for the maintenance
of shoreline environmental resources.
Breakwaters
1. Breakwaters shall be allowed for the following purposes only:
a. Navigation.
b. Industrial activities: as an integral component of a harbor, marina, or port where
water- dependent uses are located seaward of the existing shoreline and where
protection from strong wave action is essential.
c. Marinas: where water - dependent uses are located seaward of the existing shoreline
and where protection from strong wave action is essential.
2. Anchored -in -place open -pile or floating breakwaters shall be preferred over fixed
breakwaters; unless, it can be demonstrated that solid breakwaters will have no significant
adverse impacts to natural shoreline processes or that such adverse impacts can be adequately
mitigated.
Rock Weirs and Groins
1. Rock weirs and groins shall be allowed for the following purposes only:
a. Navigation.
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b. Water - dependent industrial activities.
c. Marinas.
d. Erosion control.
e. Fisheries or habitat enhancement as part of an adopted resource management plan.
2. Rock weirs, or groins which would cause a net adverse impact to adjacent and nearby
shorelines are prohibited.
3. Groin construction across tidal areas to provide access to deep water is prohibited unless
integral to a public access project.
Regulations -- Design
1. New or expanded breakwaters, rock weirs and groins shall be designed and certified by a
registered civil engineer.
2. Breakwaters, rock weirs, and groins shall be designed and constructed in a manner that will
prevent detrimental impacts to water circulation, sand movement, aquatic life, navigation, and
shoreline public access (visual and physical).
3. New breakwaters, rock weirs, and groins shall provide shoreline public access (visual or
physical) whenever possible.
4. Materials used for the construction of breakwaters, rock weirs and groins shall be durable,
low- maintenance and compatible with existing shoreline features, processes, and aesthetics.
I. Dredging and Dredge Material Disposal
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 marsh, bog or swamp.
Activities which require dredging include the construction and maintenance of navigation channels,
turning basins, harbors, and marinas.
Dredge material disposal is the depositing of dredged materials on land or into water bodies for the
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purpose of either creating new or additional lands for other uses or disposing of the by- products of
dredging.
Exemptions
Consult WAC 173 -14 -040, for actions which are exempt from the requirement for a shoreline
substantial development permit, but may still require a conditional use or variance permit.
Policies
1. Dredging and dredge material disposal should be located and conducted in a manner that
minimizes damage to existing ecological values and natural resources of the area to be
dredged and of the disposal site.
2. Dredging of bottom materials for the primary purpose of obtaining the material for fill or
other purposes is strongly discouraged.
3. Dredging operations should be planned and conducted to minimize interference with
navigation and adverse impacts to other shoreline uses, properties, and values.
4. Dredge material disposal in water bodies should be discouraged, except for habitat
improvement or where depositing dredge material on land would be more detrimental to
shoreline resources than deposition in water areas.
5. Long range regional plans have been developed for in water disposal and use of dredged
material particularly in areas where maintenance of navigation channels is routine and
continuous. Recognized dredge disposal sites in water areas have been identified through
the Puget Sound Dredge Disposal Analysis(PSDDA).
6. When dredge 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 and dredge material disposal operations should be periodically reviewed for
consistency with this master program.
Regulations -- General
1. Applications for shoreline dredging and dredge material disposal may be required to provide
the following information:
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a. Physical, chemical and biological assessment of the proposed dredged material
applicable to the particular dredging site. Information needed will vary depending upon:
i. Existing biological communities or resources in the area;
ii. The possibility of significant sediment contamination; and
iii. The suitability of the proposed dredge disposal site.
b. Specific data to be considered include:
i. Physical - Grain size, clay, silt, sand or gravel as determined by sieve analysis.
ii. Chemical - Including conventional parameters, metals and organics.
iii. Biological - Bioassays useful in determining the suitability of dredged material
for a selected disposal option.
c. Dredging volumes, methods, schedule, frequency, hours of operation and procedures;
d. Method of disposal, including the location, size, capacity and physical characteristics
of the disposal site, transportation method and routes, hours of operation, schedule;
e. Stability of bedlands adjacent to proposed dredging area;
f. Hydraulic analyses, including tidal fluctuation, current flows, direction and projected
impacts. Hydraulic modeling studies are required for large scale, extensive dredging
projects, particularly in estuaries, in order to identify existing hydrological and
geological patterns and probable effects of dredging;
g.
Assessment of water quality impacts; and
h. Biological assessment including migratory, seasonal and spawning use areas.
2. In evaluating permit applications for any dredging project, the adverse effects of the initial
dredging, subsequent maintenance dredging and dredge disposal which will be necessary shall
be considered. Dredging and dredge disposal shall be permitted only where it is demonstrated
that the proposed actions will not:
a. Result in significant and/or ongoing damage to water quality, fish, shellfish and other
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Chapter 7 - Shoreline Modification Activity Regulations
essential marine biological elements; and
b. Adversely alter natural drainage and circulation patterns, currents, river and tidal
flows or significantly reduce flood water capacities.
3. Proposals for dredging and dredge disposal 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 runs and
important localized biological communities.
4. Dredging and dredge disposal shall not occur in marshes, bogs or swamps, except as
authorized by conditional use permit provided the wetland does not serve any of the valuable
functions of wetlands identified in this master program or during the permit review process
including, but not limited to, wildlife habitat and natural drainage functions, and/or enhances
the wildlife habitat, natural drainage and/or other valuable functions.
5. Dredging and dredge disposal shall be carefully scheduled to protect biological productivity
(e.g. fish runs, spawning, benthic productivity, etc.) and to minimize interference with fishing
activities. Dredging activities shall not occur in areas used for commercial fishing (e.g. drift
net, crabbing, etc.) during a fishing season unless specifically addressed and mitigated for in
the permit.
6. Dredging and dredge disposal shall be prohibited on or in archaeological sites that are listed
on the Washington State Register of Historic Places until such time that they have been
released by the State Archaeologist.
7 Dredging shall utilize techniques which cause minimum dispersal and broadcast of bottom
material.
Regulations -- Dredging
1. Dredging waterward of the ordinary high water mark shall be permitted only:
a. For navigation or navigational access;
b. In conjunction with a water - dependent use of water bodies or adjacent shorelands;
c. As part of an approved habitat improvement project;
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Chapter 7 - Shoreline Modification Activity Regulations
d. To improve water quality;
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;
f. To improve water flow and/or manage flooding only when consistent with an
approved flood/stormwater comprehensive management plan; or
g.
To clean up contaminated sediments.
2. When dredging is permitted, the dredging shall be the minimum necessary to accommodate
the proposed use.
3. New dredging activity is prohibited:
a. In estuaries;
b. Along net positive drift sectors and where hydrological and geological processes are
active and accretion shore forms would be damaged, altered or irretrievably lost;
c. In shoreline areas with bottom materials which are prone to significant sloughing and
refilling due to currents or tidal activity; which result in the need for continual
maintenance dredging; except by conditional use permit.
d. In habitats identified as critical to the life cycle of officially designated or protected
fish, shellfish or wildlife.
4. Dredging for the primary purpose of obtaining material for landfill is prohibited.
Regulations -- Dredge Material Disposal
1. Disposal of dredged material may be accomplished at approved contained upland or near
shore disposal sites.
2. Individual disposal operations shall comply with Department of Natural Resources leasing
practices, Ecology Water Quality Certification process and the U.S. Army Corp. of Engineers
permit requirements.
3. Dredge material disposal in PSDDA sites is an approved activity.
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Chapter 7 - Shoreline Modification Activity Regulations
4. Except sites approved through the PSDDA Management Plan, depositing clean dredge
materials in water areas shall be allowed only by conditional use permit for one or more of
the following reasons:
a. For wildlife habitat improvement;
b. To correct problems of material distribution adversely affecting fish and shellfish
resources;
c. For permitted beach enhancement;
d. When the alternative of depositing material on land is demonstrated to be more
detrimental to shoreline resources than depositing in water areas; or
e. When the deposition is at a site approved through the Puget Sound Dredge Disposal
Analysis ( PSDDA) process, and the material has been determined to be suitable for
open water disposal after testing using PSDDA criteria and procedures.
5. Disposal, if allowed in water, shall utilize techniques which cause the least dispersal and
broadcast of materials unless specifically designed and approved as a dispersal site.
6. Use of dredge materials for beach enhancement shall be conducted so that:
a. Erosion or deposition downstream from the disposal site is minimized. Erosion of the
dredged material shall not smother marsh or other shallow productive areas.
b. To the extent possible, the volume and frequency of dredged material disposal
maintains a stable beach profile. Dredged material shall be graded at a uniform slope
and contoured to reduce cove and peninsula formation and to minimize stranding of
juvenile fish.
7. Land disposal sites shall adhere to the following criteria when done within shoreline
jurisdiction:
a. Containment dikes and adequate settling basins shall be built and maintained so that
the site's discharge water carries a minimum of suspended sediment;
b. Proper diversion of surface discharge shall be provided to maintain the integrity of the
natural streams, wetlands and drainages;
c. Runoff water shall be controlled so as to enter a waterway through grassy swales or
Shoreline Master Program
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Chapter 7 - Shoreline Modification Activity Regulations
other treatment features that assure protection of water quality and other
environmental resources;
d. Underground springs and aquifers shall be identified and protected; and
e. Dredge material disposal shall constitute landfill and shall comply with the landfill
provisions in this master program.
8. Near shore or upland disposal of dredge materials shall not be located upon, adversely affect,
or diminish:
a. Estuaries, wetlands, or significant plant communities;
b. Water quality, quantity and drainage characteristics; and
c. Public access to shorelines and water bodies.
9. Where the City requires, revegetation of land disposal sites shall occur as soon as possible in
order to retard wind and water erosion and to restore the wildlife habitat value of the site.
Native species and other compatible plants shall be used.
10. Proposals for disposal in shoreline jurisdiction must show that the site will ultimately be
suitable for a use permitted by this master program.
11. The City may impose reasonable limitations on dredge disposal operating periods and hours
and may require provision for buffers at land disposal or transfer sites in order to protect the
public safety and other shore users' lawful interests from unnecessary adverse impacts.
J. Landfill
Applicability
Landfill is the placement of soil, sand, rock, gravel, existing sediment or other material (excluding
sanitary solid dredge material classified as solid waste) and to create new land, tideland or bottom
land area along the shoreline below the OHWM, or on wetland or upland areas in order to raise the
elevation. Any landfill activity conducted within shoreline jurisdiction must comply with the
following provisions.
Policies
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Chapter 7 - Shoreline Modification Activity Regulations
1. Landfills waterward of OHWM should be allowed only when necessary to facilitate water -
dependent and/or public access uses which are consistent with this master program.
2. Shoreline fills should be designed and located so there will be no significant damage to
existing ecological systems or natural resources, and no alteration of local currents, surface
water drainage or flood waters which would result in a hazard to adjacent life, property and
natural resource systems.
3. In evaluating fill projects, such factors as potential and current public use of the shoreline and
water surface area, navigation, water flow and drainage, water quality and habitat should be
considered and protected to the maximum extent feasible. (Further, the City should assess
the overall value of the landfill site in its present state versus the proposed shoreline use to
be created to ensure consistency with the Act and this master program.)
4. The perimeter of landfills should be designed to avoid or eliminate erosion and sedimentation
impacts, both during initial landfill activities and over time. Natural - appearing and self -
sustaining control methods are preferred over structural methods.
5. Sanitary landfills shall not be located in shoreline jurisdiction.
6. Environmental cleanup actions involving excavation/landfill, as authorized by WDOE, may
be permitted.
Regulations -- General
1. Applications for landfill permits shall include the following:
a. Proposed use of the landfill area;
b. Physical, chemical and biological characteristics of the fill material;
c. Source of landfill material;
d. Method of placement and compaction;
e. Location of landfill relative to natural and/or existing drainage patterns and wetlands;
f. Location of the landfill perimeter relative to the OHWM;
g. Perimeter erosion control or stabilization means; and
h. Type of surfacing and runoff control devices.
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Chapter 7 - Shoreline Modification Activity Regulations
2. Landfill waterward of OHWM may be permitted only when:
a. In conjunction with a water - dependent or public use permitted by this master
program;
b. In conjunction with a bridge or navigational structure for which there is a
demonstrated public need and where no feasible upland sites, design solutions, or
routes exist;
c. As part of an approved beach restoration project; or
d. For fisheries, aquaculture, or wildlife habitat enhancement projects.
3. Waterward of OHWM, pile or pier supports shall be utilized whenever feasible in preference
to landfills. Landfills for approved road development in floodways or wetlands shall be
permitted only if pile or pier supports are proven unfeasible.
4. Landfills are prohibited in flood plains except where it can be clearly demonstrated that the
hydrologic characteristics and flood storage capacity will not be altered to increase flood
hazard or other damage to life or property. Landfills are prohibited in floodway, except
when approved by conditional use permit and where required in conjunction with a proposed
water - dependent or other use, specified in Regulation #2 above.
5. Landfill shall be permitted only where it is demonstrated that the proposed action will not:
a. Result in significant damage to water quality, fish, shellfish and/or wildlife habitat; or
b. Adversely alter natural drainage and circulation patterns, currents, river and tidal
flows or significantly reduce flood water capacities.
c. Landfills may be permitted only in conjunction with a specific development already
permitted by this master program or as proposed (i.e. permit applied for)
simultaneously with such development and shall be the minimum necessary to
accommodate the proposed use. Speculative landfills are prohibited.
6. Environmental cleanup action involving excavation/landfill, as authorized by Ecology, may
be permitted.
Regulations -- Design and Construction
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Chapter 7 - Shoreline Modification Activity Regulations
1. Where existing public access is reduced, equal public access as part of the development
project shall be provided.
2. Landfills shall be designed, constructed, and maintained to prevent, minimize and control all
material movement, erosion and sedimentation from the affected area.
3. Fill materials shall be clean sand, gravel, soil, rock or similar material.
4. Landfills shall be designed to allow surface water penetration into ground water supplies
where such conditions existed prior to fill.
5. Agricultural waste, dangerous waste, demolition waste, industrial solid waste, medical waste,
putrescible waste, septage or sludge, as defined in Chapter 173 -304 WAC, shall not be used
for landfill. Problem waste may be confined in landfill, if approved by the Dept. of Ecology
as part of site sleanup or remedial action.
K. Piers, Wharves, Docks, Floats & Buoys
Applicability
Piers, wharves and docks are structures that abut the shoreline and are used as a landing or moorage
place for commercial and pleasure craft. Piers are built on fixed platforms above the water, while
docks float on the water. Recreational floats are anchored offshore platforms used for water -
dependent recreational activities such as swimming and diving.
Piers, wharves and docks are utilized for commercial, industrial and recreational purposes. Shoreline
uses which employ a pier or dock are subject to the provisions in this section as well as the provisions
in Chapter 6, Use Regulations. Community or joint -use docks which provide moorage for six (6) or
more vessels shall also comply with the provisions for boating facilities.
Policies
1. Multiple use and expansion of existing piers, wharves and docks should be encouraged over
the addition and/or proliferation of new facilities. Joint -use facilities are preferred over new
single -use piers, wharves, docks and floats.
2. The use of recreational mooring buoys should be encouraged in preference to either piers or
docks.
Shoreline Master Program Page 127
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Chapter 7 - Shoreline Modification Activity Regulations
3. Piers, wharves, docks, floats and mooring buoys should be designed to cause minimum
interference with navigable waters and the public's use of the shoreline.
4. Piers, wharves, floats and docks should be sited and designed to minimize possible adverse
environmental impacts, including potential impacts on littoral drift, sand movement, water
circulation and quality and fish and wildlife habitat.
5. Piers, wharves and docks should allow for a maximum of littoral drift and should minimize
interference with basic hydrological and geological- hydraulic processes.
6. Recreational piers are encouraged to provide for public docking, launching and recreational
access.
7. Local programs and coordinated efforts among private and/or public agencies should be
initiated to remove or repair failing, hazardous or nonfunctioning piers, wharves and docks
and restore such facilities and/or shore resources to a natural and/or safe condition.
8. Use of natural nonreflective materials in pier, wharf and dock construction should be
encouraged. When plastics and other non biodegradable materials are used, precautions
should be taken to ensure their containment.
9. The proposed size of the structure and intensity of use or uses of any dock, pier, wharf and/or
float should be compatible with the surrounding environment and land and water uses.
Regulations -- General
1. Proposals for piers, wharves or docks shall include at a minimum the following information:
a. Description of the proposed structure, including its size, location, design and any
shoreline stabilization or other modification required by the project;
b. Ownership of tidelands, shorelands and/or bedlands;
c. Proposed location of piers, wharves, floats, buoys or docks relative to property lines
and OHWM; and
d. Location, width, height and length of piers, wharves or docks on adjacent properties
within 300 feet.
2. In areas identified as having a high environmental value for shellfish, fish life or wildlife, piers,
wharves and docks shall not be allowed except where functionally necessary to the
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Chapter 7 - Shoreline Modification Activity Regulations
propagation, harvesting, testing or experimentation of said marine fisheries or wildlife, unless
approved by conditional use permit and only when it can be conclusively established that the
dock, wharf or pier will not be detrimental to the natural habitat or species of concern.
3. Piers, wharves, floats, buoys and docks shall not significantly interfere with use of navigable
waters.
4. The length of piers, wharves and docks shall be limited in constricted water bodies to assure
navigability and protect public use. Piers, wharves and docks may be prohibited where
necessary to protect navigation, public use or habitat values.
5. Piers, wharves and docks on river shores are prohibited along braided or meandering river
channels or where the river channel is subject to change in direction or alignment.
6. All piers, wharves and docks shall be constructed in accordance with the building and fire
codes, and maintained in a safe and sound condition. Abandoned or unsafe docks, wharves
and piers shall be removed or repaired promptly by the owner. Where any such structure
constitutes a hazard to the public, the City may, following notice to the owner, abate the
structure if the owner fails to do so within ninety days and may impose a lien on the related
shoreline property in an amount equal to the cost of the abatement.
Regulations -- General Design and Construction Standards
1. Pilings must be structurally sound prior to placement in the water.
2. Piles, floats or other members in direct contact with water shall not be treated or coated with
biocides such as paint, or pentachlorophenol. Use of arsenate compounds or creosote treated
members is discouraged and shall be used only in accordance with the following provisions:
a. In freshwater, untreated wood, precast concrete or other nontoxic alternatives shall
be used unless the applicant can demonstrate that no feasible alternative to toxic
treatments is available which will provide the structural characteristics necessary for
the project.
b. In saltwater areas characterized by significant shellfish populations or in shallow
embayments with poor flushing characteristics, untreated wood, precast concrete or
other nontoxic alternatives shall be used unless the applicant can demonstrate that no
feasible alternative to toxic treated wood is available which will provide the structural
characteristics necessary for the project. In all cases where toxic treated products are
allowed, products, methods of treatment and installations shall be limited to those
Shoreline Master Program Page 129
11
Chapter 7 - Shoreline Modification Activity Regulations
which are demonstrated as likely to result in the least possible damage to the
environment based on current information.
3. No over -water field applications of paint, preservative treatment or other chemical
compounds shall be permitted except in accordance with best management practices set forth
in the marina section of this master program.
4. Piers shall utilize the minimum number of pilings necessary, favoring large spans on fewer
pilings over smaller spans on more pilings.
5. If bulkhead -like base is proposed for a fixed pier, wharf or dock where there is net positive
littoral drift, the base shall be built landward of the ordinary high water mark or protective
berms.
6. When plastics or other nonbiodegradable materials are used in float, pier, wharf or dock
construction, precautions shall be taken to ensure their containment.
7 Overhead wiring or plumbing is not permitted on piers, wharves or docks.
8. Lighting should be the minimum necessary to locate the dock at night and should focus
downward to minimize glare.
Regulations -- Joint -Use Community Recreational Piers, Docks and Floats
1. All hotels, motels and multi - family residences proposing to provide moorage facilities shall
be required to construct a single, joint -use moorage facility; provided that the City may
authorize more than one joint use moorage facility if a single facility would be inappropriate
or undesirable given the specific conditions of the site. No more than one slip for every two
units shall be allowed.
2. Joint -use facilities are encouraged in lieu of individual moorage facilities.
3. Proposals for joint -use community piers and docks shall demonstrate and document by
contract or covenant that adequate maintenance of the structure and the associated upland
area will be provided by identified responsible parties.
4. Recreational floats shall be located as close to the shore as possible. They shall not be
located farther waterward than existing floats and established swimming areas.
5. Floats must be built so that the deck surface is 1 foot above the water's surface and they must
have reflectors for night time visibility.
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Chapter 7 - Shoreline Modification Activity Regulations
6. Single property owner recreational floats shall not exceed 64 square feet.
7. Multiple property owners' floats shall not exceed 96 square feet.
Regulations -- Commercial/Industrial Facilities
These standards apply to piers, wharves and docks intended for any commercial or industrial use
other than commercial moorage of boats in marinas.
1. Piers, wharves and docks will be permitted to the outer harbor line for water - dependent and
for multiple use facilities if the majority use is water - dependent. The length should be no
more than that required for the draft of the largest vessel expected to moor at the
facility. Maximum size of the pier, wharf or dock shall be no greater than necessary to serve
the intended use, and will be determined by the City on a case -by -case basis.
2. Substantial development permits for docks, wharves or piers serving single commercial or
industrial enterprises shall not be granted until adjacent commercial and/or industrial
enterprises have been contacted regarding their water access needs and could realistically
make use of a single moorage facility. Where joint use is feasible, permits for individual
facilities shall not be granted.
3. 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.
4. Bulk storage for gasoline, oil and other petroleum products for any use or purpose is
prohibited on piers, wharves and docks. Bulk storage means non portable storage in fixed
tanks.
5. Storage for boat fueling facilities shall be located landward of the OHWM and meet the
applicable policies and regulations for utilities (accessory and primary), commercial and
industrial development.
6. Spill clean up facilities shall be available for prompt response and application at all piers,
wharves and docks involved in oil and hazardous products transfer.
Regulations -- Residential
1. Number:
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Chapter 7 - Shoreline Modification Activity Regulations
a. New subdivisions with shoreline frontage shall be required to provide community use
docks if any docks are proposed.
b. For lots existing at the time this program is adopted, no more than one private, non-
commercial dock for residential or recreational purposes is permitted for each
shoreline lot or parcel or contiguous group of lots or parcels in one ownership.
2. Use of Piers vs. Docks:
a. On river shorelines, only docks shall be permitted. Such facilities shall be securely
anchored to pilings to allow for changes in river level and shall be able to withstand
100 -year frequency flooding, or be seasonably removable.
b. The use of docks shall be required in preference to piers in areas where scenic values
are high.
3. Size:
a. Length: Maximum length of a pier or dock shall be the minimum necessary to
accomplish moorage for the intended boating use and shall be only so long as to
obtain a depth of 4 feet of water as measured at mean low water in marine waters or
as measured at ordinary low water in fresh water shorelines at the landward limit of
the moorage slip.
b. Width: For private, single use docks, maximum length parallel to shore of the "T"
end shall not exceed 10 feet. Maximum width of the walkway shall not exceed 4 feet
and eight 8 feet at the immediate landing area deck.
c. For community piers and docks, maximum width and length will be as determined by
the City on a case -by -case basis.
d. Height: Dock shall not exceed 3 feet in height above OHWM on the landward side
and shall extend above the water surface one 1 foot at all other locations.
4. Side yard Setbacks: Docks shall be setback a minimum of 10 feet from side property lines,
EXCEPT that community piers and docks may be located adjacent to or upon a side property
line when mutually agreed to by contract/covenant with the owners of the adjacent property,
a copy of which must be recorded with the County Auditor and filed with the application for
permit.
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Chapter 7 - Shoreline Modification Activity Regulations
5. Density: (see also Boating Facilities regulations for facilities with more than ten moorage
spaces).
a. Community docks and piers shall include no more than one moorage space per
dwelling unit or lot.
Shoreline Master Program Page 133
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Summary of Ordinance Adopted by the
Port Angeles City Council
on May 23, 1995
Ordinance No. 2869
This Ordinance of the City of Port Angeles adopts a new Shoreline Master
Program and amends Ordinance 2033, as amended, and Chapter 15.08 of the Port
Angeles Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
This Ordinance shall take effect five days after the date of publication of this summary.
Becky J. Upton
City Clerk
Publish: May 28, 1995