City of Burlington, WA Chapter 18.14 GENERAL PROVISIONS

§ 18.14.010 Introduction.

General policies and regulations are applicable to all uses and activities (regardless of master program environment designation) that may occur along a jurisdiction's shorelines. If used properly, they can also reduce redundancy in a master program by eliminating the need to repeat regulations over and over for each environment designation.

BMC § 18.14.020 is broken up into 10 different topic headings and is arranged alphabetically. Each topic begins with a discussion of background master program issues and considerations, followed by general policy statements and regulations. The intent of these model provisions is to be inclusive, making them applicable over a wide range of environments as well as particular uses and activities.

(Ord. 1786 § 1, 2013)

§ 18.14.020 Policies and regulations.

A. Universally Applicable Policies and Regulations.

1. Applicability. The following regulations describe the requirements for all shoreline uses and development in all environment designations.

2. Policies.

a. The city will periodically review conditions on the shoreline and conduct appropriate analysis to determine whether or not other actions are necessary to protect and restore the ecology, protect human health and safety, upgrade the visual qualities, protect property rights and enhance residential and recreational uses on the city's shorelines. Specific issues to address in such evaluations include, but are not limited to:

i. Water quality.

ii. Conservation of aquatic vegetation (control of noxious weeds and enhancement of vegetation that supports more desirable ecological and recreational conditions).

iii. Upland vegetation.

iv. Shoreline stabilization and modifications.

b. The city will keep records of all project review actions within shoreline jurisdiction, including shoreline permits, letters of exemption, and building permits.

c. Where appropriate, the city will pursue the policies of this master program in other land use, development permitting, public construction, and public health and safety activities that may not fall under the authority of the Shoreline Management Act. Specifically, such activities include, but are not limited to:

i. Water quality and storm water management activities, including those outside shoreline jurisdiction but affecting the shorelines of the state.

ii. Aquatic vegetation management.

iii. Health and safety activities, especially those related to sanitary sewage.

iv. Public works and utilities development.

v. Involve affected federal, state, and tribal governments in the review process of shoreline applications.

3. Regulations.

a. All proposed shoreline uses and development, including those that do not require a shoreline permit, must conform to the Shoreline Management Act, chapter 90.58 RCW, and to the policies and regulations of this master program.

b. All new shoreline development must be in support of an allowable shoreline use that conforms to the provisions of this master program. Except as otherwise noted, all shoreline developments not associated with a legally existing or an approved shoreline use are prohibited.

c. Shoreline uses, development, and conditions listed as "prohibited" shall not be eligible for consideration as a shoreline variance or shoreline conditional use permit.

d. The "policies" listed in this master program will provide broad guidance and direction and will be used by the city in applying the "regulations." The policies, taken together, constitute the shoreline element of the Burlington comprehensive plan.

e. Where provisions of this master program conflict, the provisions most directly implementing the objectives of the Shoreline Management Act, as determined by the city, shall apply unless specifically stated otherwise.

f. All new shoreline use and development shall result in no net loss of shoreline ecological functions necessary to sustain shoreline natural resources by utilizing the mitigation sequencing as outlined in subsection (C)(3) of this section.

B. Archaeological, Historical, and Cultural Resources.

1. Applicability. The archaeological, historical, and cultural resources element provides for protection and restoration of buildings, structures, sites, districts, objects, and areas, hereinafter referred to as "sites," having known or potential archaeological, historical, cultural, or scientific value or significance.

The following provisions apply to archaeological and historic resources that are either recorded at the Department of Archaeology and Historic Preservation (DAHP) and/or by local jurisdictions or have been inadvertently uncovered.

2. Policies.

a. Due to the limited and irreplaceable nature of the resource, public or private uses, activities, and development should be prevented from destroying or damaging any site having historic, cultural, scientific or educational value as identified by the appropriate authorities and deemed worthy of protection and preservation.

b. Site development activity in shoreline areas shall be subject to the policies and regulations of this section and the Burlington comprehensive plan policies related to such resources. The archaeological, historical, and cultural resources element provides for protection and restoration of buildings, structures, sites, districts, objects, and areas, hereinafter referred to as "sites," having known or potential archaeological, historical, cultural, or scientific value or significance.

c. Shoreline features should be protected to prevent the destruction of or damage to any site having archaeological, historic, cultural, or scientific value through coordination and consultation with the appropriate local, state, tribal, and federal authorities.

d. Sites should be protected in collaboration with appropriate tribal, state, federal, and local governments. Cooperation among public and private parties is to be encouraged in the identification, protection, and management of cultural resources.

e. When or where appropriate, access to such sites should be made available to parties of interest. Access to such sites must be designed and managed in a manner that gives maximum protection to the resource.

f. Opportunities for education related to archaeological, historical, and cultural features should be provided when or where appropriate and incorporated into public and private management efforts, programs, and development.

3. Regulations – General.

a. All applications for a shoreline development permit, a building permit, a clearing and grading permit, a demolition permit, or a statement of exemption for shoreline development within the jurisdiction of the Burlington SMP shall be reviewed for a determination of whether the site(s) in question:

i. Is on property within 500 feet of a site known to contain historic, cultural, or archaeological resource(s); or

ii. Is in an area mapped as having the potential for the presence of archaeological, historic, or cultural resources to be present.

b. All applications meeting these criteria shall require a cultural resource site survey or assessment, unless this requirement is waived or modified by the DAHP. Any required site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of historic or significant archaeological resources. Buildings or structures over 40 years in age shall be inventoried in a DAHP historic property inventory database entry and archaeological sites shall be recorded on DAHP archaeological site inventory forms. The fee for the services of the professional archaeologist or historic preservationist shall be paid by the applicant.

c. If the cultural resource site assessment identifies the presence of archaeological, significant historic or cultural resources, appropriate recommendations shall be prepared by a professional archaeologist or historic preservation professional, as part of the survey or assessment. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the applicant. In the preparation of such plans, the professional archaeologist or historic preservation professional shall solicit comments from the Washington State Department of Archaeology and Historic Preservation, and the affected tribe(s). Comments received from these reviewers shall be incorporated into the conclusions and recommended conditions of the survey or assessment to the maximum extent practicable.

d. A cultural resources survey or site assessment shall be prepared in accordance with guidance for such studies approved or promulgated by the DAHP. DAHP shall determine whether the research design or study is adequate.

e. The administrator shall consult with the Washington State Department of Archaeology and Historic Preservation and affected tribe(s) prior to approval and acceptance of the survey or assessment.

f. Based upon consultation with DAHP and affected tribe(s), the administrator may reject or request revision of the conclusions reached in a survey or assessment when the administrator can demonstrate that the assessment is inaccurate or does not fully address the historic or archaeological resource management concerns involved.

g. In the event a cultural resources survey or site assessment is submitted directly to the city of Burlington, the professional archaeologist or historic preservation professional will be advised to submit the materials directly to DAHP.

h. In granting shoreline permits or statements of exemption for such development, the city of Burlington may attach conditions of approval to require consultation with the Washington State Department of Archaeology and Historic Preservation, affected tribe(s), and any local historic preservation authority, to assure that historic or archaeological resources are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long-term arrangements. Provisions for the protection and preservation of historic or archaeological sites, structures, buildings, districts, objects, or areas shall be incorporated to the maximum extent practicable.

4. Regulations – Inadvertent Discovery.

a. Whenever historic, cultural, or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately and the find reported as soon as possible to the administrator or DAHP.

b. The administrator shall then notify the Washington State Department of Archaeology and Historic Preservation, affected tribe(s), any local historic preservation authority, and any other appropriate agencies and, upon consultation with DAHP, shall require that an immediate site assessment be conducted by a professional archaeologist or historic preservation professional, as applicable, pursuant to subsection (B)(3)(b) of this section to determine the extent of damage to the resource. The site assessment shall be distributed to the Washington State Department of Archaeology and Historic Preservation, the affected tribe(s), and local historic preservation authority for a 15-day review period. If the above listed agencies or governments have failed to respond within the applicable review period following receipt of the site assessment, such stopped work may resume.

c. If human remains are encountered, all activity must cease and the area must be protected and the find reported to local law enforcement and the county coroner or medical examiner.

C. Critical Areas.

1. Applicability.

a. Wetlands and their buffers occurring in the city's shoreline jurisdiction (note: the city is not opting for the expansion of the shoreline jurisdiction, as provided for in RCW 90.58.030(2)(d)(ii)).

b. The main stem of the Skagit River, which is designated an aquatic environment in BMC § 18.07.040(C), and its buffer, which provide the critical ecological function of fish passage to upstream spawning and rearing habitats.

c. The language adopted as part of this SMP has been reviewed and determined to meet the standard of no net loss of ecological functions.

d. This shoreline master program regulates critical areas within the city's shoreline jurisdiction. See Appendix A[1].

[1] Editor's Note: Appendix A is included as an attachment to the title.

2. Policies.

a. In implementing this master program, the city will take necessary steps to ensure compliance with chapter 43.21 RCW, the Washington State Environmental Policy Act of 1971, and its implementing guidelines.

b. All significant adverse impacts to the shoreline should be avoided or, if that is not possible, minimized to the extent feasible.

3. Regulations.

a. All project proposals, including those for which a shoreline permit is not required, shall comply with chapter 43.21C RCW, the Washington State Environmental Policy Act.

b. Applicable sections of the city's critical areas ordinance, chapter 14.15 BMC (Ordinance 1853, passed in 2018) pertaining to critical areas have been embedded into the SMP as Appendix A[2], Wetlands, Fish and Wildlife Habitat Conservation Areas, and General Critical Area Regulations.

[2] Editor's Note: Appendix A is included as an attachment to the title.

c. Projects that cause significant ecological impacts are not allowed unless mitigated according to the sequence in subsection (C)(3)(d) of this section to avoid reduction or damage to ecosystem-wide processes and ecological functions.

d. Projects that cause significant adverse impacts, other than significant ecological impacts, shall be mitigated according to the sequence in subsection (C)(3)(d) of this section.

e. When applying mitigation to avoid or minimize significant adverse effects and significant ecological impacts, the city will apply the following sequence of steps in order of priority, with (i) being top priority:

i. Avoiding the impact altogether by not taking a certain action or parts of an action;

ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

iii. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

iv. Reducing or eliminating the impact over time by preservation and maintenance operations;

v. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

vi. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

f. The city will set mitigation requirements or permit conditions based on impacts identified. In determining appropriate mitigation measures, avoidance of impacts by means such as relocating or redesigning the proposed development will be applied first. Lower priority measures will be applied only after higher priority measures are demonstrated to be not feasible or not applicable.

g. All shoreline development shall be located and constructed to avoid significant adverse impacts to human health and safety.

h. All such activities shall be carried out in ways that cause the least impact to critical areas and their buffers. If any damage is caused to a critical area or buffer in connection with such activity, the critical area and its buffer must be restored to the extent feasible. To be exempt does not give permission to destroy a critical area or ignore risk. Proponents of such activities shall be responsible for notifying the director if any damage occurs and shall provide all necessary restoration or mitigation. For information on identifying, protecting or mitigating adverse impacts to critical areas, refer to Appendix A[3].

[3] Editor's Note: Appendix A is included as an attachment to the title.

i. The critical areas buffer, otherwise referred to as a "riparian buffer," for the Skagit River, which is designated as a Type-S stream in Section 14.15.380(B) of Appendix A[4], shall be landward of the waterward toe of the levee or 200 feet from the ordinary high water mark of the river where no levee exists.

[4] Editor's Note: Appendix A is included as an attachment to the title.

D. Flood Hazard Reduction.

1. Applicability. The provisions in this section apply to those areas within the shoreline management zone lying along the Skagit River floodplain corridor, including the river, and associated wetlands in the floodplain.

The provisions in this section are intended to address two concerns especially relevant to river shorelines:

a. Protecting human safety and minimizing flood hazard to human activities and development.

b. Protecting and contributing to the restoration of ecosystem-wide processes and ecological functions found in the applicable watershed or sub-basin.

2. Policies.

a. Implement a comprehensive program to manage the city's floodplain corridor that integrates the following city ordinances and activities:

i. Regulations of the master program as codified in the BMC.

ii. The floodplain management standards in BMC § 14.15.390 through 14.15.432.

iii. The development standards of the underlying zoning district.

iv. The city storm water management plan and implementing regulations.

v. The city's participation in flood hazard reduction programs, including the Federal Emergency Management Act and the Washington State Flood Control Assistance Account Program, and the 2008-2013 Floodplain Management and Natural Hazard Mitigation Plan.

vi. City, county and dike district approved flood risk reduction measures.

vii. The construction or improvement of new public facilities, including roads, levees, utilities, bridges, and other structures.

viii. The ecological restoration of selected shoreline areas.

b. In regulating development on shorelines within SMA jurisdiction, endeavor to achieve the following:

i. Maintenance of human safety.

ii. Protection and, where appropriate, the restoration of the physical integrity of the ecological system processes, including wetland buffer restoration and storm water quality restoration.

iii. Protection of water quality and natural ground water movement.

iv. Protection of fish, vegetation, and other life forms and their habitat vital to the aquatic food chain.

v. Protection of recreation resources and aesthetic values.

c. Undertake flood hazard mitigation planning in a coordinated manner among affected property owners and public agencies and consider the entire Skagit River drainage system.

d. Manage the existing levee system along the Skagit River shoreline to optimize flood protection and manage levee vegetation as required under the Corps of Engineers PL 84-99 standards as may be amended.

e. Provide public pedestrian access to the shoreline for low-impact outdoor recreation.

3. Regulations.

a. New, structural, public flood hazard reduction projects that are continuous in nature, such as levees, shall provide public access to the shoreline unless such access is not feasible or desirable according to the criteria in the public access section of the SMP.

b. Designs for flood hazard reduction measures and shoreline stabilization measures in the river corridor must be prepared by qualified professional engineers, geologists, and/or hydrologists who have expertise in local riverine processes.

c. Existing hydrological connections to the floodplain and associated wetlands shall be maintained where feasible.

d. Use and development that do not meet the following standards are prohibited in the floodway:

i. Minor structures and additions for which a building permit is not required;

ii. Fills of less than 12 cubic yards or which will not raise the level of the land above that of the surrounding area;

iii. Normal maintenance, resurfacing and rebuilding, at comparable grade of streets, and accessways;

iv. Underground improvements and excavations;

v. Maintenance and minor repair of existing improvements;

vi. Improvements to structures listed on the National or State Register of Historic Places;

vii. Other minor developments which cause no significant impoundment or displacement of floodwaters, such as open fences, signs and small unenclosed structures;

viii. Utility outfall structures authorized by the Corps of Engineers and levee construction to maintain the structural integrity of critical infrastructure.

e. New structural flood hazard reduction measures in shoreline jurisdiction are allowed only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss, and that appropriate vegetation conservation actions are undertaken consistent with WAC 173-26-221(5) or as required under the Corps of Engineers PL 84-99 standards as may be amended.

f. Structural flood hazard reduction measures shall be consistent with an adopted comprehensive flood hazard management plan approved by the department that evaluates cumulative impacts to the watershed system.

E. Public Access.

1. 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. Public access facilities may include picnic areas, pathways and trails, floats and docks, promenades, viewing towers, bridges, boat launches, and improved street ends. The city has adopted a plan for nonmotorized public access that extends along the Skagit River frontage on the levees, and connects to a trail system along Gages Slough and through the city to the east to Cascade Trail and to the west.

2. Policies.

a. Public access should be considered in the review of all private and public developments as appropriate.

b. Developments, uses, and activities on or near the shoreline should not impair or detract from the public's access to the water, or the rights of navigation, or space for water-dependent uses.

c. Promote and enhance the public interest with regard to rights to access waters held in public trust by the state while protecting private property rights and public safety.

3. Regulations.

a. Except as provided in subsections (E)(3)(b) and (c) of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present:

i. 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.

ii. 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. Impacts to public access may include blocking access or discouraging use of existing on-site or nearby accesses.

iii. Where a use which is not a priority shoreline use under the Shoreline Management Act locates on a shoreline of the state, the use or development shall provide public access to mitigate this impact.

iv. 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.

v. Where the development is proposed by a public entity or on public lands.

vi. Where called for under the city's connected open space and nonmotorized public access plan, including completing public access along the levees on the Skagit River and the Gages Slough trail.

b. The shoreline permit file shall describe the impact, the required public access conditions, and how the conditions address the impact. Mitigation for public access impacts shall be in accordance with the definition of mitigation and mitigation sequence.

c. An applicant need not provide public access where the city determines that one or more of the following conditions apply:

i. The adopted city's public access planning indicates that public access is not required;

ii. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means;

iii. Significant ecological impacts will result from the public access which cannot be mitigated; or

iv. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated.

d. In order to meet any of the conditions in subsections (E)(3)(c)(i) through (iv) of this section, the applicant must first demonstrate and the city determine in its findings that all reasonable alternatives have been exhausted, including but not limited to:

i. Regulating access by such means as maintaining a gate and/or limiting hours of use;

ii. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and

iii. Developing provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system.

e. Public access provided by shoreline street ends, public utilities and rights-of-way shall not be diminished. (This is a requirement of RCW 35.79.035 and 36.87.130.)

f. Public access sites shall be connected directly to the nearest public street or public right-of-way and shall include provisions for physically impaired persons, where feasible.

g. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity unless not feasible.

h. 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).

i. Minimum width of public access easements shall be 20 feet, unless the city determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary to relieve the hardship.

j. The standard state approved logo or other approved signs that 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 subsection (E)(3)(a) of this section, signs may control or restrict public access as a condition of permit approval.

k. Future actions by the applicant successors in interest or other parties shall not diminish the usefulness or value of the public access provided.

l. Public access shall be provided as close as feasible to the water's edge without causing significant ecological impacts and should be designed in accordance with the Americans with Disabilities Act.

m. Public access shall be designed to provide for public safety and comfort and to minimize potential impacts to private property and individual privacy. There shall be a physical separation or other means of clearly delineating public and private space in order to avoid unnecessary user conflict.

n. Public views from the shoreline upland areas shall be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of existing native vegetation that partially impairs views.

o. Public access and interpretive displays should be provided as part of publicly funded restoration projects where significant ecological impacts can be avoided.

p. The adopted connected open space plan and nonmotorized plan in the city's parks and recreation plan shall be implemented to provide a continuous waterfront multi-purpose trail and Gages Slough trail that connects to the Blooming Tree Trail on SR 20 and will connect the community east/west/north/south.

F. Shorelines of Statewide Significance.

1. Applicability. The Shoreline Management Act specifically designates certain areas as shorelines of statewide significance. The interest of all of the people shall be paramount in the management of shorelines of statewide significance. Preference shall be given to uses and developments which are consistent with the principle of statewide over local interest.

Natural rivers or segments thereof lying west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second or more and associated shorelands. The flow of the Skagit River is over 100,000 cubic feet per second and constitutes the shoreline of statewide significance for the city of Burlington.

2. Policies. The City, in adopting guidelines for shorelines of statewide significance, shall give preference to uses in the following order of preference which:

a. Recognize and protect the state-wide interest over local interest;

b. Preserve the natural character of the shoreline;

c. Result in long-term over short-term benefit;

d. Protect the resources and ecology of the shoreline;

e. Increase public access to publicly owned areas of the shorelines;

f. Increase recreational opportunities for the public in the shoreline;

g. Provide for any other element deemed appropriate or necessary within the context of the policies and use regulations of this program.

G. Signage.

1. 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.

2. Policies.

a. Signs should be designed and placed so that they are compatible with the aesthetic quality of the existing shoreline and adjacent land and water uses.

b. Signs should not block or otherwise interfere with visual access to the water or shorelines.

3. Regulations.

a. All signs shall be located and designed to avoid interference with vistas, viewpoints and visual access to the shoreline.

b. Over-water signs, signs on floats or pilings, and signs for goods, services, or businesses not located directly on the site proposed for a sign are prohibited.

c. Lighted signs shall be hooded, shaded, or aimed so that direct light will not result in glare when viewed from surrounding properties or watercourses.

d. Signs shall not exceed 32 square feet in surface area. On-site freestanding signs shall not exceed six feet in height. When feasible, signs shall be flush-mounted against existing buildings.

e. 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, and signs advertising a sale or promotional event.

f. Signs that do not meet the policies and regulations of this program shall be removed or conform within two years of the adoption of this master program.

g. No signs shall be placed in a required view corridor.

h. Allowable Signs. The following types of signs may be allowed in all shoreline environments:

i. Water navigational signs, and highway and railroad signs necessary for operation, safety and direction.

ii. Public information signs directly relating to a shoreline use or activity.

iii. Off-premises, freestanding signs for community identification, information, or directional purposes.

iv. National, site and institutional flags or temporary decorations customary for special holidays and similar events of a public nature.

v. Temporary directional signs to public or quasi-public events if removed within 10 days following the event.

i. Prohibited Signs. The following types of signs are prohibited:

i. Off-premises detached outdoor advertising signs.

ii. Commercial signs for products, services, or facilities located off site.

iii. Spinners, streamers, pennants, flashing lights and other animated signs used for commercial purposes. Highway and railroad signs are exceptions.

iv. Signs placed on trees or other natural features.

H. Utilities (Accessory).

1. Applicability. Accessory utilities are those that affect small-scale distribution services connected directly to the uses along the shoreline. They are addressed in this section because they concern all types of development and have the potential to impact the quality of the shoreline and its waters.

2. Policies.

a. Accessory utilities should be properly installed so as to protect the shoreline and water from contamination and degradation.

b. Accessory 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.

c. Accessory utility facilities should be designed and located in a manner which preserves the natural landscape and shoreline ecological processes and functions and minimizes conflicts with present and planned land uses.

3. Regulations.

a. In shoreline areas, accessory 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 infeasibility of existing routes.

b. Accessory utility development shall, through coordination with government agencies, provide for compatible multiple uses 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.

c. Sites disturbed for utility installation shall be stabilized during and following construction to avoid adverse impacts from erosion and, where feasible, restored to pre-project configuration and replanted with native vegetation.

d. Utility discharges and outfalls should be located, designed, constructed, and operated in accordance with best management practices to ensure degradation to water quality is kept to a minimum.

I. Vegetation Conservation.

1. Applicability.

a. The following provisions apply to any activity that results in the removal of or impact to shoreline vegetation, whether or not that activity requires a shoreline permit, except as noted herein. Such activities include clearing, grading, grubbing, and trimming of vegetation. These provisions also apply to vegetation protection and enhancement activities.

b. Management of vegetation as a function of flood risk reduction structure maintenance shall comply with standards of the PL 84-99 Rehabilitation and Inspection Program for nonfederal levees conducted by the U.S. Army Corps of Engineers or other agencies with jurisdiction over such structures.

2. Policies.

a. Vegetation within the city shoreline areas, waterward of dikes and levees or where no such structures exist, should be enhanced over time to provide a greater level of ecological function.

b. The master program, in conjunction with other city of Burlington development regulations, should establish a coordinated and effective set of provisions and programs to protect and restore functions provided by shoreline vegetation.

c. 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 weeds.

3. Regulations.

a. Except for levees, all development, including clearing and grading, shall minimize vegetation removal in areas of shoreline jurisdiction to that necessary to accommodate the proposed development. In order to implement this regulation, applicants proposing development that includes significant vegetation removal, clearing, or grading within areas of shoreline jurisdiction, as a part of a substantial development permit application or a shoreline exemption certificate application, shall submit a site plan drawn to scale, indicating existing and proposed land contours, dimensions and locations of all existing and proposed structures and improvements. The site plan shall also include a general indication of the character of vegetation found on the site, and the extent of proposed clearing and/or grading (see WAC 173-27-180(9)). The city may require that the proposed development or extent of clearing and grading be modified to reduce the impacts to ecological functions. Note that this provision does not apply to the removal of noxious and invasive plant species.

b. Vegetation restoration of disturbed shorelines waterward of levees shall use diverse native plant material similar to that which originally occurred on site, unless the city finds that such material is not appropriate.

c. A condition of all development shall be that those shorelines on the site not occupied by structures, landscaping, accessory uses, or other areas dedicated to human activities shall be revegetated with native vegetation, to the extent feasible given the applicable shoreline conditions and the likelihood of long-term survival of such vegetation if it is reintroduced.

d. The enhancement of vegetation shall be a condition of all development in the shoreline environments, except where the city finds that:

i. Vegetation enhancement is not feasible on the project site or necessary.

ii. The restoration of ecological processes and functions can be better achieved through other measures.

iii. Sufficient native vegetation already exists.

e. Aquatic weed control shall only occur when native plant communities and associated habitats are threatened or where an existing water dependent use is restricted by the presence of weeds. Aquatic weed control shall occur in compliance with all other applicable laws and standards.

f. The control of aquatic weeds by hand pulling, mechanical harvesting, or placement of aqua screens shall be considered normal maintenance and repair and, therefore, exempt from the requirement to obtain a shoreline substantial development permit.

g. Use of herbicides to control aquatic weeds shall be prohibited, except where no reasonable alternative exists and weed control is demonstrated to be in the public interest. A conditional use permit shall be required in such case.

h. Selective pruning of trees for purposes of safety and protection of public views of the river is allowed, provided such pruning is the minimum necessary.

i. Management of vegetation as a function of flood risk reduction structure maintenance shall comply with standards of PL 84-99, Rehabilitation and Inspection Program, for nonfederal levees conducted by the U.S. Army Corps of Engineers or other agencies with jurisdiction over such structures.

J. Water Quality.

1. Applicability. The following section applies to all development and uses in shoreline jurisdiction that may affect water quality.

2. Policies.

a. All shoreline uses and activities should be located, designed, constructed, and maintained to avoid significant ecological impacts by altering water quality, quantity, or hydrology.

b. The city should require reasonable setbacks, buffers, and storm water storage basins and encourage low-impact development techniques and materials to achieve the objective of lessening negative impacts on water quality.

c. All measures for controlling erosion, stream flow rates, or flood waters through the use of stream control works should be located, designed, constructed, and maintained so that net off-site impacts related to water do not degrade the existing water quality.

d. As a general policy, the city will seek to improve water quality, quantity, and flow characteristics in order to protect and restore ecological functions and ecosystem-wide processes of shorelines within shoreline management zone.

3. Regulations.

a. All shoreline development, both during and after construction, shall avoid or minimize significant ecological impacts, including 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.

b. All development shall conform to local, state, and federal water quality regulations.

c. The city shall require reasonable setbacks, buffers, and encourage low-impact development techniques and materials to achieve the objective of lessening negative impacts on water quality.

d. The city has adopted the current edition of the Washington Department of Ecology Stormwater Manual as part of the surface water management regulations.

e. 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.

(Ord. 1786 § 1, 2013; Ord. 1924 § 1 (Exh. A), 2022)