City of Tukwila, WA Chapter 18.44 SHORELINE OVERLAY

§ 18.44.010 Purpose and Applicability.

A. The purpose of this chapter is to implement the Shoreline Management Act of 1971, as amended, and the rules and regulations thereunder as codified in the Washington Administrative Code; and to provide for the regulation of development that affects those areas of the City under the jurisdiction of the Shoreline Management Act. In particular, the purpose of this chapter is to:

1. Recognize and protect shorelines of State-wide significance;

2. Preserve the natural character of the shoreline;

3. Protect the resources and ecology of the shoreline;

4. Increase public access to publicly-owned areas of the shoreline;

5. Increase recreational opportunities for the public in the shoreline:

6. Protect and create critical Chinook salmon habitat in the Transition Zone of the Green River.

B. After the effective date of this ordinance, TMC Chapter 18.44, as hereby amended, shall apply to all properties subject to the shoreline overlay, provided that nothing contained herein shall be deemed to override any vested rights or require any alteration of a non-conforming use or non-conforming structure, except as specifically provided in TMC Chapter 18.44.

C. Pursuant to WAC 173-26-191(2)(c), this chapter, together with the Shoreline Element of the Comprehensive Plan, constitutes the City of Tukwila’s Shoreline Master Program. Any modifications to these documents will be processed as a Shoreline Master Program Amendment and require approval by the Department of Ecology.

(Ord. 2741 § 4 (part), 2024; Ord. 2765 § 69, 2025)

§ 18.44.020 Shoreline Environment Designations.

A. All shoreline within the City is designated “urban” and further identified as follows:

1. 

Shoreline Residential Environment.

All lands zoned for residential use as measured 200 feet landward from the Ordinary High Water Mark (OHWM).

2. 

Urban Conservancy Environment.

All lands not zoned for residential use upstream from the Turning Basin as measured 200 feet landward from the OHWM.

3. 

High Intensity Environment.

All lands downstream from the Turning Basin as measured 200 feet landward from the OHWM.

4. 

Aquatic Environment.

All water bodies within the City limits and its potential annexation areas under the jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water surface together with the underlying lands and the water column.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix.

A. TMC Section 18.44.030.A, including the Use Matrix (Figure 18-1), specifies the uses that are permitted outright, permitted as a Conditional Use or prohibited altogether for each Shoreline Environment. Also included are special conditions and general requirements controlling specific uses. These regulations are intended to implement the purpose of each Shoreline Environment designation.

B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The matrix shall be interpreted as follows:

1. If the letter “P” appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment if the underlying zoning also allows the use. Shoreline (SDP, CUP and Variance) permits may be required.

2. If the letter “C” appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review and approval procedures specified in TMC Section 18.44.110.E.

3. If the letter “X” appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment.

C. In addition to the matrix, the following general use requirements also apply to all development within the shoreline jurisdiction. Additional requirements controlling specific uses are set forth for each Shoreline Environment designation, to implement the purpose of the respective Shoreline Environment designations.

1. The first priority for City-owned property, other than right-of-way, within the shoreline jurisdiction shall be reserved for water-dependent uses including but not limited to habitat restoration, followed by water-enjoyment uses, public access, passive recreation, passive open space uses, or public educational purposes.

2. No hazardous waste handling, processing or storage is allowed within the SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline environment and adequate controls are in place to prevent any releases to the shoreline/river.

3. Overwater structures, shall not cause a net loss of ecological function, interfere with navigation or flood management, or present potential hazards to downstream properties or facilities. They shall comply with the standards in the Overwater Structures Section of TMC Section 18.44.050.K.

4. Parking as a primary use is not permitted, except for existing Park and Ride lots, where adequate stormwater collection and treatment is in place to protect water quality. Parking is permitted only as an accessory to a permitted or conditional use in the shoreline jurisdiction.

5. All development, activities or uses, unless it is an approved overwater, flood management structure or shoreline restoration project, shall be prohibited waterward of the OHWM.

SHORELINE USE MATRIX* (Figure 18-1)
P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction.	Shoreline Residential		Urban Conservancy		High Intensity		Aquatic Environment
	Buffer	Non-Buffer	Buffer	Non-Buffer	Buffer	Non-Buffer
AGRICULTURE
Farming and farm-related activities	X	X	X	P	X	X	X
Aquaculture	X	X	X	X	X	X	X
COMMERCIAL (1)
General	X	X	X	P	X	P (2)	P (3)
Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building)	X	X	X	C	X	C (2)	X
Contractors storage yards	X	X	X	C	X	C (2)	X
Water-oriented uses	C	P	C	P	C	P	C
Water-dependent uses	P (4)	P (5)	P (4)	P	P (4)	P	P
Storage	P (6)	P (5)	P (6)	P	P (6)	P	X
CIVIC/INSTITUTIONAL
General	X	P	X	P	X	P	X
DREDGING
Dredging for remediation of contaminated substances	C (7)	NA	C (7)	NA	C (7)	NA	C (7)
Dredging for maintenance of established navigational channel	NA	NA	NA	NA	NA	NA	P (8)
Other dredging for navigation	NA	NA	NA	NA	NA	NA	C (9)
Dredge material disposal	X	X	X	X	X	X	X
Dredging for fill	NA	NA	NA	NA	NA	NA	X
ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT)	P	P	P	P	P	P	P
ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) (10)	C	C	C	C	C	C	C
FENCES	P (11)	P	C (11)	P	C (11)	P	X
FILL
General	C (12)	P	C (12)	P	C (12)	P	C (12)
Fill for remediation, flood hazard reduction or ecological restoration	P (13)	P	P (13)	P	P (13)	P	P (13)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction (14)	P	P	P	P	P	P	P
Shoreline stabilization (15)	P	P	P	P	P	P	P
INDUSTRIAL (16)
General	X	X	P (3)	P	P (3)	P (2)	P (3)
Animal rendering	X	X	X	C	X	X	X
Cement manufacturing	X	X	X	C	X	C (2)	X
Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off-site) (17)	X	X	X	X	X	X	X
Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials	X	X	X	C	X	C (2)	X
Salvage and wrecking operations	X	X	X	C	X	C (2)	X
Tow-truck operations, subject to all additional State and local regulations	X	X	X	C	X	P (2)	X
Truck terminals	X	X	X	P	X	P (2)	X
Water-oriented uses	X	X	C	P	C	P	C
Water-dependent uses (17)	X	X	P (4)	P	P (4)	P	P
MINING
General	X	X	X	X	X	X	X
OVERWATER STRUCTURES (18)
Piers, docks, and other overwater structures	P (19)	NA	P (20)	NA	P (20)	NA	P (20,21)
Vehicle bridges (public)	P (31,4)	P (31)	P (31,4)	P (31)	P (31,4)	P (31)	P (31)
Vehicle bridge (private)	C	C	C	C	C	C	C
Public pedestrian bridges	P	P	P	P	P	P	P
PARKING – ACCESSORY
Parking areas limited to the minimum necessary to support permitted or conditional uses	X	P (5)	X	P	X	P	X
RECREATION
Recreation facilities (commercial – indoor)	X	X	X	P	X	P (22)	X
Recreation facilities (commercial – outdoor)	X	X	C (23,24)	C (24)	C (23,24)	C (24)	X
Recreation facilities, including boat launching (public)	P (23)	P	P (23,24,25)	C	P (23,25)	P	P (3)
Public and private promenades, footpaths, or trails	P	P	P (26)	P	P (26)	P	X
RESIDENTIAL – SINGLE FAMILY/MULTI-FAMILY
Dwelling	X (27)	P	X	P	X	X	X
Houseboats	X	X	X	X	X	X	X
Live-aboards	X	X	X	X	X	X	P (21,28)
Patios and decks	P (29)	P	P (29)	P	P	P	X
Signs (30)	P	P	P	P	P	P	X
Shoreline Restoration	P	P	P	P	P	P	P
TRANSPORTATION
General	C	C	C	C	C	C	C (3)
Park & ride lots	X	X	X	C (9)	X	C (9)	X
Levee maintenance roads	P (32)	P (32)	P (32)	P (32)	P (32)	P (32)	NA
Railroad	X	P	X	X	X	X	X
UTILITIES
General (10)	P (4)	P	P (4)	P	P (4)	P	C
Provision, distribution, collection, transmission, or disposal of refuse	X	X	X	X	X	X	X
Hydroelectric and private utility power generating plants	X	X	X	X	X	X	X
Wireless towers	X	X	X	X	X	X	X
Support facilities, such as outfalls	P (33)	P	P (33)	P	P (33)	P	C (33)
Regional detention facilities	X	X	P (34)	P (34)	P (34)	P (34)	X
USES NOT SPECIFIED	C	C	C	C	C	C	C

Notes:
* This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits.
(1)	Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing.
(2)	Nonwater-oriented uses may be allowed as a permitted use where the City determines that water-dependent or water-enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body.
(3)	Permitted only if water dependent.
(4)	Structures greater than 35 feet tall require a conditional use permit.
(5)	Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section.
(6)	Outdoor storage within the shoreline buffer is only permitted in conjunction with a water-dependent use.
(7)	Conditionally allowed when in compliance with all federal and state regulations.
(8)	Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width.
(9)	Conditionally allowed when significant ecological impacts are minimized and mitigation is provided.
(10)	Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction.
(11)	The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain-link fences must be vinyl coated.
(12)	Fill minimally necessary to support water-dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed.
(13)	Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted.
(14)	Any new or redeveloped levee shall meet the applicable levee requirements of this chapter.
(15)	Permitted when consistent with TMC § 18.44.050.F.
(16)	Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi-finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and internet data centers.
(17)	Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP).
(18)	Permitted when associated with water-dependent uses, public access, recreation, flood control or channel management.
(19)	Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible:
	(a)	Commercial or marina moorage;
	(b)	Floating moorage buoys;
	(c)	Joint use moorage pier/dock.
(20)	Permitted if associated with water-dependent uses, public access, recreation, flood control, channel management or ecological restoration.
(21)	Boats may only be moored at a dock or marina. No boats may be moored on tidelands or in the river channel.
(22)	Limited to athletic or health clubs.
(23)	Recreation structures such as benches, tables, viewpoints, and picnic shelters are permitted in the buffer provided no such structure shall block views to the shoreline from adjacent properties.
(24)	Permitted only if water oriented.
(25)	Parks, recreation and open space facilities operated by public agencies and non-profit organizations are permitted.
(26)	Plaza connectors between buildings and levees, not exceeding the height of the levee, are permitted for the purpose of providing and enhancing pedestrian access along the river and for landscaping purposes.
(27)	Additional development may be allowed consistent with TMC Section 18.44.110G.2.f. A shoreline conditional use permit is required for water oriented accessory structures that exceed the height limits of the Shoreline Residential Environment.
(28)	Permitted in only in the Aquatic Environment and subject to the criteria in TMC Section 18.44.050K.
(29)	Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18 inches in height and are limited to a maximum of 200 square feet and 50% of the width of the river frontage, whichever is smaller. Decks or patios must be located landward of the top of the bank and be constructed to be pervious and of environmentally-friendly materials. If a deck or patio will have an environmental impact in the shoreline buffer, then commensurate mitigation shall be required.
(30)	Permitted when consistent with TMC Section 18.44.050L.
(31)	Permitted only if connecting public rights-of-way.
(32)	May be co-located with fire lanes.
(33)	Allowed if they require a physical connection to the shoreline to provide their support function, provided they are located at or below grade and as far from the OHWM as technically feasible.
(34)	Regional detention facilities that meet the City’s Infrastructure Design and Construction Standards along with their supporting elements such as ponds, piping, filter systems and outfalls vested as of the effective date of this program or if no feasible alternative location exists. Any regional detention facility located in the buffer shall be designed such that a fence is not required, planted with native vegetation, designed to blend with the surrounding environment, and provide design features that serve both public and private use, such as an access road that can also serve as a trail. The facility shall be designed to locate access roads and other impervious surfaces as far from the river as practical.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.040 Shoreline Buffers.

A. 

Buffer Widths.

The following shoreline buffer widths apply in shoreline jurisdiction.

Environment		Buffer width (1)(2)	Modification
Shoreline Residential		50 feet OR the area needed to achieve a slope no steeper than 2.5:1, measured from the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank landward, whichever is greater	(3)
Urban Conservancy	Areas without levees	100 feet	(4)
	Areas with levees	125 feet	(5)
High Intensity		100 feet	(4)
Aquatic		Not Applicable

Notes:
(1)	Unless otherwise noted, all buffers are measured landward from the OHWM.
(2)	In any shoreline environment where an existing improved street or road runs parallel to the river through the buffer, the buffer ends on the river side of the edge of the improved right-of-way.
(3)	Removal of invasive species and replanting with native species of high habitat value is voluntary unless triggered by requirement for a Shoreline Substantial Development permit.
(4)	The Director may reduce the standard buffer on a case-by-case basis by up to 50% upon construction of the following cross section:
	(a)	Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the High Intensity Environment, using bioengineering techniques; and
	(b)	Minimum 20-foot buffer landward from top of bank; and
	(c)	Bank and remaining buffer to be planted with native species with high habitat value.
	Maximum slope is reduced due to measurement from OHWM and to recognize location in the Transition Zone where pronounced tidal influence makes work below OHWM difficult.
	Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse impacts to the river. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions.
(5)	Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce the buffer to actual width required for the levee. If fill is placed along the back slope of a new levee, the buffer may be reduced to the point where the ground plane intersects the back slope of the levee. If the property owner provides a levee maintenance easement landward from the landward toe of the levee or levee wall which: 1) meets the width required by the agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows the City to access the area to inspect the levee and make any necessary repairs, then the Director may place that area outside of the shoreline buffer and allow incidental uses in the area, such as parking.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.050 Development Standards.

A. 

Applicability.

The development standards of this chapter apply to work that meets the definition of substantial development except for vegetation removal per TMC Section 18.44.060, which applies to all shoreline development. The term “substantial development” applies to non-conforming, new or re-development. Non-conforming uses, structures, parking lots and landscape areas, will be governed by the standards in TMC Section 18.44.110.G, “Non-Conforming Development.”

B. 

Shoreline Residential Development Standards.

A shoreline substantial development permit is not required for construction within the Shoreline Residential Environment by an owner, lessee or contract purchaser of a single family residence for his/her own use or for the use of a family member. Such construction and all normal appurtenant structures must otherwise conform to this chapter. Subdivisions are not exempt from obtaining a Shoreline Substantial Development Permit.

1. 

Shoreline Residential Environment Standards.

The following standards apply to the Shoreline Residential Environment:

a. The development standards of the applicable underlying zoning district shall apply.

b. New development and uses must be sited so as to allow natural bank inclination of 3:1 slope with a 20-foot setback from the top of the bank. The Director may require a Riverbank Analysis as part of any development proposal.

c. Utilities such as pumps, pipes, etc., shall be suitably screened with native vegetation per the standards in the Vegetation Protection and Landscaping Section, TMC Section 18.44.060.

d. New shoreline stabilization, repair of existing stabilization or modifications to the river bank must comply with the standards in the Shoreline Stabilization Section, TMC Section 18.44.050.F.

e. Subdivisions must be designed to provide public access to the river in accordance with the Public Access Section, TMC Section 18.44.080. Signage is required to identify the public access point(s).

f. Parking facilities associated with single family residential development or public recreational facilities are subject to the specific performance standards set forth in the Off-Street Parking Section, TMC Section 18.44.050.I.

g. Fences, freestanding walls or other structures normally accessory to residences must not block views of the river from adjacent residences or extend waterward beyond the top of the bank. Chain link fencing must be vinyl coated.

h. Recreational structures permitted in the buffer must provide buffer mitigation.

i. The outside edge of surface transportation facilities, such as railroad tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM, except where the surface transportation facility is bridging the river.

j. Except for bridges, approved above ground utility structures, and water-dependent uses and their structures, the maximum height for structures shall be 30 feet. For bridges, approved above ground utility structures, and water-dependent uses and their structures, the height limit shall be as demonstrated necessary to accomplish the structure’s primary purpose. Bridges, approved above ground utility structures, and water-dependent uses and their structures greater than 35 feet in height require approval of a Shoreline Conditional Use Permit.

2. 

Design Review.

Design review is required for non-residential development in the Shoreline Residential Environment.

C. 

High Intensity, Urban Conservancy and Aquatic Environment Development Standards.

1. 

Standards.

The following standards apply in the High Intensity, Urban Conservancy and Aquatic Environments.

a. The development standards for the applicable underlying zoning district shall apply.

b. All new development performed by public agencies, or new multi-family, commercial, or industrial development shall provide public access in accordance with the standards in the Public Access to the Shoreline Section, TMC Section 18.44.080.

c. Development or re-development of properties in areas of the shoreline armored with revetments or other hard armoring other than levees, or with non-armored river banks, must comply with the Vegetation Protection and Landscaping Section, TMC Section 18.44.060.

d. Any new shoreline stabilization or repairs to existing stabilization must comply with Shoreline Stabilization Section, TMC Section 18.44.050.F.

e. Over-water structures shall be allowed only for water-dependent uses and the size limited to the minimum necessary to support the structure’s intended use and shall result in no net loss to shoreline ecological function. Over-water structures must comply with the standards in the Over-water Structures Section, TMC Section 18.44.050.K.

2. 

Setbacks and Site Configuration.

a. The yard setback adjacent to the river is the buffer width established for the applicable shoreline environment.

b. A fishing pier, viewing platform or other outdoor feature that provides access to the shoreline is not required to meet a setback from the OHWM.

3. 

Height Restrictions.

Except for bridges, approved above ground utility structures, and water-dependent uses and their structures, to preserve visual access to the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for structures shall be as follows:

a. 15 feet where located within the Shoreline Buffer;

b. 65 feet between the outside landward edge of the Shoreline Buffer and 200 feet of the OHWM.

c. 35 feet above average grade level on shorelines of the State that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. For any building that is proposed to be greater than 35 feet in height in the shoreline jurisdiction, the development proponent must demonstrate the proposed building will not block the views of a substantial number of residences. The Director may approve a 15 foot increase in height for structures within the shoreline jurisdiction if the project proponent provides restoration and/or enhancement of the entire shoreline buffer, beyond what may otherwise be required including, but not limited to, paved areas no longer in use on the property in accordance with the standards of TMC Section 18.44.060, “Vegetation Protection and Landscaping.” If the required buffer has already been restored, the project proponent may provide a 20% wider buffer, planted in accordance with TMC Section 18.44.060, “Vegetation Protection and Landscaping,” in order to obtain the 15-foot increase in height.

4. 

Lighting.

In addition to the lighting standards in TMC Chapter 18.60, “Design Review,” lighting for the site or development shall be designed and located so that:

a. The minimum light levels in parking areas and paths between the building and street shall be one-foot candle.

b. Lighting shall be designed to prevent light spillover and glare on adjacent properties and on the river channel to the maximum extent feasible, be directed downward so as to illuminate only the immediate area, and be shielded to eliminate direct off-site illumination.

c. The general grounds need not be lighted.

d. The lighting is incorporated into a unified landscape and/or site plan.

D. 

Surface Water and Water Quality.

The following standards apply to all shoreline development.

1. New surface water systems shall not discharge directly into the river or streams tributary to the river without pre-treatment to reduce pollutants and meet State water quality standards. Such pre-treatment may consist of biofiltration, oil/water separators, or other methods approved by the City of Tukwila Public Works Department.

2. Shoreline development, uses and activities shall not cause any increase in surface runoff, and shall have adequate provisions for storm water detention/infiltration.

3. Stormwater outfalls must be designed so as to cause no net loss of shoreline ecological functions or adverse impacts where functions are impaired. New stormwater outfalls or maintenance of existing outfalls must include shoreline restoration as part of the project.

4. Shoreline development and activities shall have adequate provisions for sanitary sewer.

5. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto shorelands.

6. The use of low impact development techniques is required, unless such techniques conflict with other provisions of the SMP or are shown to not be feasible due to site conditions.

E. 

Flood Hazard Reduction.

The following standards apply to all shoreline development.

1. New structural flood hazard reduction structures shall be allowed only when it can be demonstrated by a Riverbank Analysis that:

a. They are necessary to protect existing development;

b. Non-structural measures are not feasible; and

c. Impacts to ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss.

2. Flood hazard structures must incorporate appropriate vegetation restoration and conservation actions consistent with the standards of the Vegetation Protection and Landscaping Section, TMC Section 18.44.060.

3. Publicly-funded structural measures to reduce flood hazards shall improve public access or dedicate and provide public access unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, or significant ecological impacts that cannot be mitigated.

4. Rehabilitation or replacement of existing flood control structures, such as levees, with a primary purpose of containing the 1% to 0.02% annual chance flood event, shall be allowed where it can be demonstrated by an engineering analysis that the existing structure:

a. Does not provide an appropriate level of protection for surrounding lands; or

b. Does not meet a 3:1 riverside slope or other appropriate engineering design standards for stability (e.g., over-steepened side slopes for existing soil and/or flow conditions); and

c. Repair of the existing structure will not cause or increase significant adverse ecological impacts to the shoreline.

5. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe of slope any further waterward of the OHWM than the existing structure.

6. New structural flood hazard reduction measures, such as levees, berms and similar flood control structures shall be placed landward of the floodway as determined by the best information available.

7. New, redeveloped or replaced structural flood hazard reduction measures shall be placed landward of associated wetlands, and designated fish and wildlife habitat conservation areas.

8. No commercial, industrial, office or residential development shall be located within a floodplain without a Flood Control Zone Permit issued by the City. No development shall be located within a floodway except as otherwise permitted.

9. New, redeveloped or replaced flood hazard reduction structures must have an overall waterward slope no steeper than 3:1 unless it is not physically possible to achieve such as slope. A floodwall may be substituted for all or a portion of a levee back slope where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of adoption of this subsection, if structure has not lost its nonconforming status, or to allow area for waterward habitat restoration development. The floodwall shall be designed to provide 15 feet of clearance between the levee and the building, or to preserve access needed for building functionality while meeting all engineering safety standards. A floodwall may also be used where necessary to prevent the levee from encroaching upon a railroad easement recorded prior to the date of adoption of this subsection.

F. 

Shoreline Stabilization.

The provisions of this section apply to those structures or actions intended to minimize or prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings and/or large woody debris (LWD)) or the use of bioengineering techniques to reduce or eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline stabilization is distinct from flood control structures and flood hazard reduction measures (such as levees). The terms “shoreline stabilization,” “shoreline protection” and “shoreline armoring” are used interchangeably.

1. Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated through a Riverbank Analysis and report that shoreline protection is necessary for the protection of existing legally established structures and public improvements.

2. New development and re-development shall be designed and configured on the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization shall be incorporated into re-development design proposals wherever feasible.

3. Replacement of lawfully established, existing bulkheads or revetments are subject to the following priority system:

a. The first priority for replacement of bulkheads or revetments shall be landward of the existing bulkhead.

b. The second priority for replacement of existing bulkheads or revetments shall be to replace in place (at the bulkhead’s existing location).

4. When evaluating a proposal against the above priority system, at a minimum the following criteria shall be considered:

a. Existing topography;

b. Existing development;

c. Location of abutting bulkheads;

d. Impact to shoreline ecological functions; and,

e. Impact to river hydraulics, potential changes in geomorphology, and to other areas of the shoreline.

5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or revetments) must demonstrate through a documented Riverbank Analysis that bioengineered shoreline protection measures or bioengineering erosion control designs will not provide adequate upland protection of existing structures or would pose a threat or risk to adjacent property. The Study must also demonstrate that the proposed hard shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines.

6. Shoreline armoring such as riprap rock revetments and other hard shoreline stabilization techniques are detrimental to river processes and habitat creation. Where allowed, shoreline armoring shall be designed, constructed and maintained in a manner that does not result in a net loss of shoreline ecological functions, including fish habitat, and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife (as amended) criteria and guidelines for integrated stream bank protection and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife criteria and guidelines for Integrated Stream Bank Protection (2003 as amended), the U. S. Army Corps of Engineers standards (if required), and other regulatory requirements. The hard shoreline stabilization must be designed and approved by an engineer licensed in the State of Washington and qualified to design shoreline stabilization structures.

7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent necessary to remedy the identified hazard.

8. An applicant must demonstrate the following in order to qualify for the RCW 90.58.030(3)(e)(ii) exemption from the requirement to obtain a shoreline substantial development permit for a proposed single family bulkhead and to insure that the bulkhead will be consistent with the SMP:

a. Erosion from currents or waves is imminently threatening a legally established single family detached dwelling unit or one or more appurtenant structures; and

b. The proposed bulkhead is more consistent with the City’s Master Program in protecting the site and adjoining shorelines and that non-structural alternatives such as slope drainage systems, bioengineering or vegetative growth stabilization, are not feasible or will not adequately protect a legally established residence or appurtenant structure; and

c. The proposed bulkhead is located landward of the OHWM or it connects to adjacent, legally established bulkheads; and

d. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric Administration.

9. Bulkheads or revetments shall be constructed of suitable materials that will serve to accomplish the desired end with maximum preservation of natural characteristics. Materials with the potential for water quality degradation shall not be used. Design and construction methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other junk or waste material that may release undesirable chemicals or other material shall not be used for shoreline protection.

10. The builder of any bulkhead or revetment shall be financially responsible for determining the nature and the extent of probable adverse effects on fish and wildlife or on the property of others caused by his/her construction and shall propose and implement solutions approved by the City to minimize such effects.

11. When shoreline stabilization is required at a public access site, provision for safe access to the water shall be incorporated in the design whenever possible.

12. Placement of bank protection material shall occur from the top of the bank and shall be supervised by the property owner or contractor to ensure material is not dumped directly onto the bank face.

13. Bank protection material shall be clean and shall be of a sufficient size to prevent its being washed away by high water flows.

14. When riprap is washed out and presents a hazard to the safety of recreational users of the river, it shall be removed by the owner of such material.

15. Bank protection associated with bridge construction and maintenance may be permitted subject to the provisions of the SMP and shall conform to provisions of the State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.

G. 

Archaeological, Cultural and Historical Resources.

In addition to the requirements of TMC Section 18.50.110, Archaeological/Paleontological Information Preservation Requirements, the following regulations apply.

1. All land use permits for projects within the shoreline jurisdiction shall be coordinated with affected tribes.

2. If the City determines that a site has significant archaeological, natural scientific or historical value, a substantial development that would pose a threat to the resources of the site shall not be approved.

3. Permits issued in areas documented to contain archaeological resources require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes. The City may require that development be postponed in such areas to allow investigation of public acquisition potential, retrieval and preservation of significant artifacts and/or development of a mitigation plan. Areas of known or suspected archaeological middens shall not be disturbed and shall be fenced and identified during construction projects on the site.

4. Developers and property owners shall immediately stop work and notify the City of Tukwila, the Washington Department of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation.

5. 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 any shoreline permit requirements. The City shall notify the Washington State Department of Ecology, the State Attorney General’s Office and the State Department of Archaeology and Historic Preservation Office of such an exemption in a timely manner.

6. Archaeological excavations may be permitted subject to the provision of this chapter.

7. On sites where historical or archaeological resources have been identified and will be preserved in situ, public access to such areas shall be designed and managed so as to give maximum protection to the resource and surrounding environment.

8. Interpretive signs of historical and archaeological features shall be provided subject to the requirements of TMC Section 18.44.080, “Public Access to the Shoreline,” when such signage does not compromise the protection of these features from tampering, damage and/or destruction.

H. 

Environmental Impact Mitigation.

1. All shoreline development and uses shall at a minimum occur in a manner that results in no net loss of shoreline ecological functions through the careful location and design of all allowed development and uses. In cases where impacts to shoreline ecological functions from allowed development and uses are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that event, the “no net loss” standard is met.

2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), RCW 43.21C, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (TMC Chapter 21.04 and WAC 197-11).

3. For all development, mitigation sequencing shall be applied in the following order of priority:

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

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

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

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

e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.

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

4. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined by the City to be infeasible or inapplicable.

5. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, if mitigation in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils, waves or other factors, then off-site mitigation within the Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone must take place in the Transition Zone. In the event a site is not available in the Transition Zone to carry out required mitigation, the project proponent may contribute funds equivalent to the value of the required mitigation to an existing or future restoration project identified in the CIP to be carried out by a public agency in the Transition Zone.

I. 

Off Street Parking and Loading Requirements.

In addition to the parking requirements in TMC Chapter 18.56, the following requirements apply to all development in the shoreline jurisdiction.

1. Any parking, loading, or storage facilities located between the river and any building must incorporate additional landscaping in accordance with TMC Section 18.44.060, “Vegetation Protection and Landscaping,” or berming or other site planning or design techniques to reduce visual and/or environmental impacts from the parking areas utilizing the following screening techniques:

a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or

b. Decorative fence a maximum of six feet high with landscaping. Chain link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved non-native vine other than ivy, except where a security or safety hazard may exist; or

c. Earth berms at a minimum of four feet high, planted with native plants in accordance with the Vegetation Protection and Landscaping Section, TMC Section 18.44.060.

2. Where a parking area is located in the shoreline jurisdiction and adjacent to a public access feature, the parking area shall be screened by a vegetative screen or a built structure that runs the entire length of the parking area adjacent to the amenity. The landscape screening shall comply with the Vegetation Protection and Landscaping Section, TMC Section 18.44.060.

3. Where public access to or along the shoreline exists or is proposed, parking areas shall provide pedestrian access from the parking area to the shoreline.

4. Parking facilities, loading areas and paved areas shall incorporate low impact development techniques wherever feasible, adequate storm water retention areas, oil/water separators and biofiltration swales, or other treatment techniques and shall comply with the standards and practices formally adopted by the City of Tukwila Public Works Department.

J. 

Land Altering Activities.

All land altering activities in the shoreline jurisdiction shall be in conjunction with an underlying land development permit, except for shoreline restoration projects. All activities shall meet the following standards:

1. 

Clearing, Grading and Landfill.

a. Land altering shall be permitted only where it meets the following criteria:

(1) The work is the minimum necessary to accomplish an allowed shoreline use;

(2) Impacts to the natural environment are minimized and mitigated;

(3) Water quality, river flows and/or fish habitat are not adversely affected;

(4) Public access and river navigation are not diminished;

(5) The project complies with all federal and state requirements;

(6) The project complies with the vegetation protection criteria of the Vegetation Protection and Landscaping Section, TMC Section 18.44.060;

(7) The project will achieve no net loss of shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from an otherwise allowed land altering project are unavoidable, those impacts shall be mitigated according to the provisions of TMC Section 18.44.050.H above. In that event, the “no net loss” standard is met; and

(8) Documentation is provided to demonstrate that the fill comes from a clean source.

b. Clearing, grading and landfill activities, where allowed, shall include erosion control mechanisms, and any reasonable restriction on equipment, methods or timing necessary to minimize the introduction of suspended solids or leaching of contaminants into the river, or the disturbance of wildlife or fish habitats in accordance with the standards in TMC Chapter 16.54, “Grading.”

2. 

Dredging.

a. Dredging activities must comply with all federal and state regulations. Maintenance dredging of established navigation channels and basins must be restricted to maintaining previously dredged and/or existing authorized location, depth, and width.

b. Where allowed, dredging operations must be designed and scheduled so as to ensure no net loss to shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be mitigated according to the provisions of TMC Section 18.44.050.H above; in that event, the “no net loss” standard is met.

K. 

Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over-water Structures.

1. 

General Requirements.

a. A dock may be allowed when the applicant has demonstrated a need for moorage to the satisfaction of the Director of Community Development and that the following alternatives have been investigated and are not available or feasible:

(1) Commercial or marina moorage;

(2) Floating moorage buoys;

(3) Joint use moorage pier/dock.

b. The Director shall use the following criteria to determine if the applicant has demonstrated a need for moorage in accordance with TMC Section 18.44.050.K.1.a:

(1) Applicant has provided adequate documentation from a commercial marina within 5 river miles that moorage is not available.

(2) Floating moorage buoy is technically infeasible as determined by a professional hydrologist.

(3) Applicant has provided adequate documentation from any existing moorage pier/dock owner within 5 river miles that joint use is not possible.

c. Prior to issuance of a Shoreline Substantial Development Permit for construction of piers, docks, wharves or other over-water structures, the applicant shall present proof of application submittal to State or Federal agencies, as applicable.

d. Structures must be designed by a qualified engineer and must demonstrate the project will result in no net loss of shoreline ecological function and will be stable against the forces of flowing water, wave action and the wakes of passing vessels.

e. In-water structures shall be designed and located to minimize shading of native aquatic vegetation and fish passage areas. Removal of shoreline, riparian and aquatic vegetation shall be limited to the minimum extent necessary to construct the project. All areas disturbed by construction shall be replanted with native vegetation as part of the project.

f. New or replacement in-water structures shall be designed and located such that natural hydraulic and geologic processes, such as erosion, wave action or floods will not necessitate the following:

(1) Reinforcement of the shoreline or stream bank with new bulkheads or similar artificial structures to protect the in-water structure; or

(2) Dredging.

g. No structures are allowed on top of over-water structures except for properties located north of the Turning Basin.

h. Pilings or other associated structures in direct contact with water shall not be treated with preservatives unless the applicant can demonstrate that no feasible alternative to protect the materials exists and that non-wood alternatives are not economically feasible. In that case, only compounds approved for marine use may be used and must be applied by the manufacturer per current best management practices of the Western Wood Preservers Institute. The applicant must present verification that the best management practices were followed. The preservatives must also be approved by the Washington Department of Fish and Wildlife.

i. All over-water structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe over-water structures shall be removed or repaired promptly by the owner. Accumulated debris shall be regularly removed and disposed of properly so as not to jeopardize the integrity of the structure. Replacement of in-water structures shall include proper removal of abandoned or other man-made structures and debris.

j. Boat owners who store motorized boats on-site are encouraged to use best management practices to avoid fuel and other fluid spills.

2. 

Marinas, Boat Yards and Dry Docks.

a. All uses under this category shall be designed to achieve no net loss of shoreline ecological functions. In cases where impacts to shoreline ecological functions from uses allowed under this category are unavoidable, those impacts shall be mitigated according to the provisions of TMC Section 18.44.050.H above; in that event, the “no net loss” standard is met.

b. Commercial/industrial marinas and dry docks shall be located no further upriver than Turning Basin #3.

c. Marinas shall be located, designed, constructed and operated to avoid or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation, navigation, public access, existing in-water recreational activities and adjacent water uses.

d. Marinas shall submit a fuel spill prevention and contingency plan to the City for approval. Haul-out and boat maintenance facilities must meet the City’s stormwater management requirements and not allow the release of chemicals, petroleum or suspended solids to the river.

e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from fish and wildlife habitat areas.

f. New marinas, launch ramps and accessory uses must be located where water depths are adequate to avoid the need for dredging.

3. 

Boat Launches and Boat Lifts.

a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause erosion; the use of pervious paving materials, such as grasscrete, are encouraged.

b. Boat launch ramps shall be designed to minimize areas of landfill or the need for shoreline protective structures.

c. Access to the boat ramp and parking for the ramp shall be located a sufficient distance from any frontage road to provide safe maneuvering of boats and trailers.

d. Launching rails shall be adequately anchored to the ground.

e. Launch ramps and boat lifts shall extend waterward past the OHWM only as far as necessary to achieve their purpose.

f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and Marine/Estuarine Waters within the State of Washington.

4. 

Over-water Structures.

Where allowed, over-water structures such as piers, wharves, bridges, and docks shall meet the following standards:

a. The size of new over-water structures shall be limited to the minimum necessary to support the structure’s intended use and to provide stability in the case of floating docks. Structures must be compatible with any existing channel control or flood management structures.

b. Over-water structures shall not extend waterward of the OHWM any more than necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on tidal substrate at any time.

c. Adverse impacts of over-water structures on water quality, river flows, fish habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation measures may include joint use of existing structures, open decking or piers, replacement of non-native vegetation, installation of in-water habitat features or restoration of shallow water habitat.

d. Any proposals for in-water or over-water structures shall provide a pre-construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and shoreline ecological functions, and demonstrate how the project achieves no net loss of shoreline ecological functions.

e. Over-water structures shall obtain all necessary state and federal permits prior to construction or repair.

f. All over-water structures must be designed by a qualified engineer to ensure they are adequately anchored to the bank in a manner so as not to cause future downstream hazards or significant modifications to the river geomorphology and are able to withstand high flows.

g. Over-water structures shall not obstruct normal public use of the river for navigation or recreational purposes.

h. Shading impacts to fish shall be minimized by using grating on at least 30% of the surface area of the over-water structure on residential areas and at least 50% of the over-water structure on all other properties. This standard may be modified for bridges if necessary to accommodate the proposed use. The use of skirting is not permitted.

i. If floats are used, the flotation shall be fully enclosed and contained in a shell (such as polystyrene) that prevents breakup or loss of the flotation material into the water, damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne debris.

j. Floats may not rest on the tidal substrate at any time and stoppers on the piling anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate. Anchor lines may not rest on the substrate at any time.

k. The number of pilings to support over-water structures, including floats, shall be limited to the minimum necessary. Pilings shall conform to the pilings standards contained in the US Army Corps of Engineers Regional General Permit No. 6.

l. No over-water structure shall be located closer than five feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed upon by the property owners in an easement recorded with King County. A copy of this agreement shall be submitted to the Department of Community Development and accompany an application for a development permit and/or Shoreline Permit.

5. 

Live-Aboards.

New over-water residences are prohibited. Live-aboards may be allowed provided that:

a. They are for single-family use only.

b. They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water.

c. Live-aboards do not exceed 10 percent of the total slips in the marina.

d. They are owner-occupied vessels.

e. There are on-shore support services in proximity to the live-aboards.

L. 

Signs in Shoreline Jurisdiction.

1. Signage within the shoreline buffer is limited to the following:

a. Interpretative signs and restoration signage, including restoration sponsor acknowledgment.

b. Signs for water-related uses.

c. Signs installed by a government agency for public safety along any public trail or at any public park.

d. Signs installed within the rights of way of any public right-of-way or bridge within the shoreline buffer.

e. Signs installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information.

2. Billboards and other off-premise signs are strictly forbidden in the shoreline buffer.

(Ord. 2741 § 4 (part), 2024; Ord. 2765 § 70, 2025)

§ 18.44.060 Vegetation Protection and Landscaping.

A. 

Purpose.

1. The purpose of this section is to:

a. Regulate the protection of existing trees and native vegetation in the shoreline jurisdiction;

b. Establish requirements for removal of invasive plants at the time of development or re-development of sites;

c. Establish requirements for landscaping for new development or re-development;

d. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote shoreline ecosystem processes.

2. The City’s goal is to:

a. Preserve as many existing trees as possible and increase the number of native trees, shrubs and other vegetation in the shoreline because of their importance to shoreline ecosystem functions as listed below:

(1) Overhead tree canopy to provide shade for water temperature control;

(2) Habitat for birds, insects and small mammals;

(3) Vegetation that overhangs the river to provide places for fish to shelter;

(4) Source of insects for fish;

(5) Filtering of pollutants and slowing of stormwater prior to its entering the river; and

(6) A long-term source of woody debris for the river.

b. In addition, trees and other native vegetation are important for aesthetics. It is the City’s goal that unsightly invasive vegetation, such as blackberries, be removed from the shoreline and be replaced with native vegetation to promote greater enjoyment of and access to the river.

c. The City will provide information to property owners for improving vegetation in the shoreline jurisdiction and will work collaboratively with local citizen groups to assist property owners in the removal of invasive vegetation and planting of native vegetation, particularly for residential areas.

B. 

Applicability.

1. This chapter sets forth rules and regulations to control maintenance and clearing of trees and other vegetation within the City of Tukwila for properties located within the shoreline jurisdiction. For properties located within a critical area or its associated buffer, the maintenance and removal of trees shall be governed by TMC Chapter 18.45. TMC Chapter 18.54, “Urban Forestry and Tree Regulations”, shall govern tree removal on all undeveloped properties, and all developed properties that contain exclusively residential uses that do not meet the definition of 'Multi-Family'. TMC Chapter 18.52, “Landscape Requirements,” shall govern the maintenance and removal of trees on all developed properties that contain commercial, industrial, multi-family, and mixed uses. The most stringent regulations shall apply in case of a conflict.

2. With the exception of residential development/re-development of 4 or fewer residential units, all activities and developments within the shoreline environment must comply with the landscaping and maintenance requirements of this section, whether or not a shoreline substantial development permit is required. Single family residential projects are not exempt if implementing a shoreline stabilization project or overwater structure.

3. The tree protection and retention requirements and the vegetation management requirements apply to existing uses as well as new or re-development.

C. 

Minor Activities Allowed without a Permit or Exemption.

1. The following activities are allowed without a permit or exemption:

a. Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within shoreline jurisdiction. Examples include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Cutting down trees and shrubs within the shoreline jurisdiction is not covered under this provision. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review;

b. Noxious weed control within shoreline jurisdiction, if work is selective only for noxious species; is done by hand removal/spraying of individual plants; spraying is conducted by a licensed applicator (with the required aquatic endorsements from the Washington State Department of Ecology if work is in an aquatic site); and no area-wide vegetation removal or grubbing is conducted. Control methods not meeting these criteria may still be approved under other provisions of this chapter.

D. 

Tree Retention and Replacement.

1. 

Retention:

a. As many significant trees and as much native vegetation as possible are to be retained on a site proposed for development or re-development, taking into account the condition and age of the trees. As part of a land use application such as but not limited to subdivision, design review, or development permit review, the Director may require alterations in the arrangement of buildings, parking or other elements of proposed development in order to retain significant non-invasive trees, particularly those that provide shading to the river.

b. Topping of trees is prohibited and will be regulated as removal with tree replacement required.

c. Trees may only be pruned to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Pruning more than 25% of the canopy in a 36 month period shall be regulated as removal with tree replacement required.

2. 

Permit Requirements.

Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and Vegetation Clearing Permit application must be submitted to the Department containing the following information:

a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all existing native vegetation.

b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table showing the number of significant trees to be removed and the number of replacement trees required.

c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for sites undergoing development or re-development.

d. Location of the OHWM, shoreline buffer, Shoreline Jurisdiction boundary and any critical areas with their buffers.

e. A landscape plan that shows diameter, species name, spacing and planting location for any required replacement trees and other proposed vegetation.

f. An arborist evaluation justifying the removal of hazardous trees if required by the Department.

g. An application fee per the current Land Use Permit Fee resolution.

3. 

Criteria for Shoreline Tree Removal:

A Type 2 Shoreline Tree Removal and Vegetation Clearing Permit shall only be approved by the Director if the proposal complies with the following:

a. The site is undergoing development or redevelopment; or

b. The proposal complies with tree retention, replacement, maintenance, and monitoring requirements of this chapter; and

c. Either:

(1) Tree poses a risk to structures; or

(2) There is imminent potential for root or canopy interference with utilities; or

(3) Trees interfere with the access and passage on public trails; or

(4) Tree condition and health is poor; the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; or

(5) Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist.

4. 

Tree Replacement Requirements:

a. Significant trees that are removed, illegally topped, or pruned by more than 25 percent in 36 month period within the shoreline jurisdiction shall be replaced pursuant to the tree replacement requirements shown below, up to a density of 100 trees per acre (including existing trees).

b. Significant trees that are removed as part of an approved landscape plan on a developed site are subject to replacement per TMC Chapter 18.52. Dead or dying trees removed from developed or landscaped areas shall be replaced 1:1 in the next appropriate season for planting.

c. Dead or dying trees located within the buffer or undeveloped upland portion of the Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of non-hazardous trees as defined by TMC Chapter 18.06 in non-developed areas are subject to the tree replacement requirements listed in the table below.

d. The Director may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development.

Tree Replacement Requirements
Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground)	Number of Replacement Trees Required
4 - 6 inches (single trunk); 2 inches (any trunk of a multi-trunk tree)	3
Over 6 - 8 inches	4
Over 8 - 20 inches	6
Over 20 inches	8

e. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project. Replaced trees that do not survive must be replanted in the next appropriate season for planting.

f. If all required replacement trees cannot be reasonably accommodated on the site, off-site tree replacement within the shoreline jurisdiction may be allowed at a site approved by the City. Priority for off-site tree planting will be at locations within the Transition Zone. If no suitable off-site location is available, the applicant shall pay a fee into a tree replacement fund per the adopted fee resolution.

5. 

Large Woody Debris (LWD):

When a tree suitable for use as LWD is permitted to be removed from the shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving the removed tree(s) to a location designated by the City. If no restoration project or storage location is available at the time, the Director may waive this requirement. Trees removed in the shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank), if feasible. Priority for LWD placement projects will be in the Transition Zone.

E. 

Tree Protection During Development and Redevelopment.

All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below.

1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans.

2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-party Qualified Tree Professional to review long term viability of the tree.

3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows:

a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter.

b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter.

c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter.

4. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director.

5. A weatherproof sign shall be installed on the fence or barrier that reads:

“TREE PROTECTION ZONE – THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.44.”

6. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving.

7. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional.

8. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional’s report to prepare the trees for the stress of construction activities.

9. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ.

10. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation.

11. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development.

12. A pre-construction inspection shall be conducted by the City to finalize tree protection actions.

13. Post-construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional.

F. 

Landscaping.

1. 

General Requirements.

For any new development or redevelopment in the Shoreline Jurisdiction, except single family residential development of 4 or fewer lots, invasive vegetation must be removed and native vegetation planted and maintained in the Shoreline Buffer, including the river bank.

a. The landscaping requirements of this subsection apply for any new development or redevelopment in the Shoreline Jurisdiction, except: single family residential development of 4 or fewer lots. The extent of landscaping required will depend on the size of the proposed project. New development or full redevelopment of a site will require landscaping of the entire site. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of landscaping to be carried out.

b. Invasive vegetation must be removed as part of site preparation and native vegetation planted, including the river bank to OHWM.

c. On properties located landward of publicly maintained levees, an applicant is not required to remove invasive vegetation or plant native vegetation on the levees, however the remaining buffer landward of the levee shall be improved and invasive vegetation planted.

d. Removal of invasive species shall be done by hand or with hand-held power tools. Where not feasible and mechanized equipment is needed, the applicant must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and show how the slope stability of the bank will be maintained. A plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment.

e. Trees and other vegetation shading the river shall be retained or replanted when riprap is placed, as specified in the approved tree permit if a permit is required.

f. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion.

g. A combination of native trees, shrubs and groundcovers (including grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and Management Table of the 2004 Washington Stream Habitat Restoration Guidelines (Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant selection. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification.

h. Non-native trees may be used as street trees or in approved developed landscape areas where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities).

i. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association – ANLA).

j. Plant sizes in the non-buffer areas of all Shoreline Environments shall meet the following minimum size standards:

Deciduous trees	2-inch caliper
Conifers	6 – 8 foot height
Shrubs	24-inch height
Groundcover/grasses	4-inch or 1 gallon container

k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2-inch in diameter.

l. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetation’s long-term health and survival.

m. Plants may be selected and placed to allow for public and private view corridors and/or access to the water’s edge.

n. Native vegetation in the shoreline installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan.

o. Areas disturbed by removal of invasive plants shall be replanted with native vegetation where necessary to maintain the density shown in TMC Section 18.44.060.B.4. and must be replanted in a timely manner, except where a long term removal and re-vegetation plan, as approved by the City, is being implemented.

p. Landscape plans shall include a detail on invasive plant removal and soil preparation.

q. The following standards apply to utilities and loading docks located in the shoreline jurisdiction.

(1) Utilities such as pumps, pipes, etc. shall be suitably screened with native vegetation;

(2) Utility easements shall be landscaped with native groundcover, grasses or other low-growing plants as appropriate to the shoreline environment and site conditions;

(3) Allowed loading docks and service areas located waterward of the development shall have landscaping that provides extensive visual separation from the river.

2. 

Shoreline Buffer Landscaping Requirements in all Shoreline Environments.

The Shoreline Buffer in all shoreline environments shall function, in part, as a vegetation management area to filter sediment, capture contaminants in surface water run-off, reduce the velocity of water run-off, and provide fish and wildlife habitat.

a. A planting plan prepared by an approved biologist shall be submitted to the City for approval that shows plant species, size, number and spacing. The requirement for a biologist may be waived by the Director for single family property owners (when planting is being required as mitigation for construction of overwater structures or shoreline stabilization).

b. Plants shall be installed from the OHWM to the upland edge of the Shoreline Buffer unless the Director determines that site conditions would make planting unsafe.

c. Plantings close to and on the bank shall include native willows, red osier dogwood and other native vegetation that will extend out over the water, to provide shade and habitat functions when mature. Species selected must be able to withstand seasonal water level fluctuations.

d. Minimum plant spacing in the buffer shall follow the Shoreline Buffer Vegetation Planting Densities Table shown in TMC Section 18.44.060.F.2. Existing non-invasive plants may be included in the density calculations.

e. Irrigation for buffer plantings is required for at least two dry seasons or until plants are established. An irrigation plan is to be included as part of the planting plan.

f. In the event that a development project allows for setback and benching of the shoreline along an existing levee or revetment, the newly created mid-slope bench area shall be planted and maintained with a variety of native vegetation appropriate for site conditions.

g. The Director, in consultation with the City’s Urban Environmentalist, may approve the use of shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function.

Shoreline Buffer Vegetation Planting Densities Table
Plant Material Type	Planting Density
Stakes/cuttings along river bank (willows, red osier dogwood)	1 - 2 feet on center or per bioengineering method
Shrubs	3 - 5 feet on center, depending on species
Trees	15 – 20 feet on center, depending on species
Groundcovers, grasses, sedges, rushes, other herbaceous plants	1 – 1.5 feet on center, depending on species
Native seed mixes	5 - 25 lbs per acre, depending on species

3. 

Landscaping Requirements for the Urban Conservancy and High Intensity Environments — Outside of the Shoreline Buffer.

For the portions of property within the Shoreline Jurisdiction landward of the Shoreline Buffer the landscape requirements in the General section of this chapter and the requirements for the underlying zoning as established in TMC Chapter 18.52 shall apply except as indicated below.

a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal feet of required perimeter landscaping, one shrub for each 4 lineal feet of required perimeter landscaping, and native groundcovers to cover 90% of the landscape area within 3 years, planted at a minimum spacing of 12 inches on-center.

b. Interior Parking Lot Landscaping: Every 300 square feet of paved surface requires 10 square feet of interior landscaping within landscape islands separated by no more than 150 feet between islands.

c. Landscaping shall be provided at yards not adjacent to the river, with the same width as required in the underlying zoning district. This standard may be reduced as follows:

(1) Where development provides a public access corridor between off-site public area(s) and public shoreline areas, side yard landscaping may be reduced by 25 percent to no less than 3 feet; or

(2) Where development provides additional public access area(s) (as allowed by the High Intensity and Urban Conservancy Environment Development Standards) equal in area to at least 2.5% of total building area, front yard landscaping may be reduced by 25 percent.

G. 

Vegetation Management in the Shoreline Jurisdiction.

The requirements of this section apply to all existing and new development within the shoreline jurisdiction.

1. Trees and shrubs may only be pruned for safety, to maintain views or access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving shoreline ecological function. No more than 25% may be pruned from a tree within a 36 month period without prior City review and is subject to replacement ratios of this chapter. This type of pruning is exempt from any permit requirements. Topping of trees is prohibited and shall be regulated as removal with tree replacement required except where absolutely necessary to avoid interference with existing utilities.

2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly.

3. Use of pesticides.

a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the shoreline jurisdiction except where:

(1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of the infestation, site characteristics, or the characteristics of the invasive plant species;

(2) The use of pesticides has been approved through a comprehensive vegetation or pest management and monitoring plan;

(3) The pesticide is applied in accordance with state regulations;

(4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and

(5) The use of pesticides in the shoreline jurisdiction is approved in writing by the Department of Ecology or Washington Department of Agriculture.

b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed.

c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive areas of turf shall provide and implement an integrated turf management program or integrated pest management plan designed to ensure that water quality in the river is not adversely impacted.

4. 

Restoration Project Plantings:

Restoration projects may overplant the site as a way to discourage the re-establishment of invasive species. Thinning of vegetation to improve plant survival and health without a separate shoreline vegetation removal permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project’s maintenance and monitoring plan.

H. 

Maintenance and Monitoring.

The property owner is required to ensure the viability and long term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to the permit requirements as follows:

1. 

Tree Replacement and Vegetation Clearing Permit Requirements:

a. Schedule an inspection with the City’s Urban Environmentalist to document planting of the correct number and type of plants.

b. Submit annual documentation of tree and vegetation health to the City for three years.

2. 

Restoration and Mitigation Project Requirements:

a. A five-year maintenance and monitoring plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as-built plans have been submitted.

b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals.

c. Mitigation will be complete after project goals have been met and accepted by the City’s Urban Environmentalist.

d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project.

(Ord. 2741 § 4 (part), 2024; Ord. 2765 § 71, 2025)

§ 18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction.

A. 

Applicable Critical Areas Regulations.

The following critical areas, located in the shoreline jurisdiction, shall be regulated in accordance with the provisions of the Critical Areas Ordinance TMC Chapter 18.45, (Ordinance No. 2625, March 2, 2020), which is herein incorporated by reference into this SMP, except as provided in TMC Section 18.44.070.B. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provisions adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail.

1. Wetlands.

2. Watercourses (Type F, Type Np, Type Ns).

3. Areas of potential geologic instability.

4. Fish and wildlife habitat conservation areas.

B. The following provisions in TMC Chapter 18.45 do not apply to critical areas in the shoreline jurisdiction:

1. Critical Area Master Plan Overlay (TMC Section 8.45.160).

2. Reasonable Use Exception (TMC Section 18.45.180). Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in TMC Section 18.44.110.F and WAC 173-27-170.

3. Time Limitation, Appeals, and Vesting (TMC Section 18.45.190).

4. Wetlands Uses, Alterations and Mitigation (TMC Section 18.45.090). Activities and alterations to wetlands and their buffers located within shoreline jurisdiction shall be subject to the provisions and permitting mechanisms of this Master Program.

C. Shoreline buffer widths are defined in TMC Section 18.44.040.

D. Future amendments to the Critical Areas Ordinance require Department of Ecology approval of an amendment to this Master Program to incorporate updated language.

E. If provisions of the Critical Areas Ordinance conflict with provisions of this Master Program, the provisions that are the most protective of the ecological resource shall apply, as determined by the Director.

F. If there are provisions of the Critical Areas Ordinance that are not consistent with the Shoreline Management Act, RCW 90.58, and supporting WAC chapters, those provisions shall not apply.

G. Areas of seismic instability are also defined as critical areas. These areas are regulated by the Washington State Building Code, rather than by TMC Section 18.44.070. Additional building standards applicable to frequently flooded areas are included in the Flood Zone Management Code (TMC Chapter 16.52).

(Ord. 2741 § 4 (part), 2024)

§ 18.44.080 Public Access to the Shoreline.

A. 

Applicability.

1. Public access shall be provided on all property that abuts the Green/Duwamish River shoreline in accordance with this section as further discussed below where any of the following conditions are present:

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. For the purposes of this section, an “increase in demand for public access” is determined by evaluating whether the development reflects an increase in the land use intensity (for example converting a warehouse to office or retail use), or a significant increase in the square footage of an existing building. A significant increase is defined as an increase of at least 3,000 square feet.

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

c. 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.

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

e. Where identified on the Shoreline Public Access Map in the Shoreline Master Program.

f. Where a land division of five or greater lots, or a residential project of five or greater residential units, is proposed.

2. The extent of public access required will be proportional to the amount of increase in the demand for public access. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of public access to be carried out. Depending on the amount of increase, the project may utilize the alternative provisions for meeting public access in TMC Section 18.44.080.F. The terms and conditions of TMC Section 18.44.080.A and 18.44.080.B shall be deemed satisfied if the applicant and the City agree upon a master trail plan providing for public paths and trails within a parcel or group of parcels.

3. The provisions of this section do not apply to the following:

a. Short subdivisions of four or fewer lots;

b. Where providing such access would cause unavoidable health or safety hazards;

c. Where an area is limited to authorized personnel and providing such access would create inherent and unavoidable security problems that cannot be mitigated through site design or fencing; or

d. Where providing such access would cause significant ecological impacts that cannot be mitigated.

An applicant claiming an exemption under items 3(b) - (d) above must comply with the procedures in TMC Section 18.44.080.F.

B. 

General Standards.

1. To improve public access to the Green/Duwamish River, sites shall be designed to provide:

a. Safe, visible and accessible pedestrian and non-motorized vehicle connections between proposed development and the river’s edge, particularly when the site is adjacent to the Green River Trail or other approved trail system; and

b. Public pathway entrances that are clearly visible from the street edge and identified with signage; and

c. Clearly identified pathways that are separate from vehicular circulation areas. This may be accomplished through the use of distinct paving materials, changes in color or distinct and detailed scoring patterns and textures.

d. Site elements that are organized to clearly distinguish between public and private access and circulation systems.

2. Required public access shall be fully developed and available for public use at the time of occupancy in accordance with development permit conditions except where the decision maker determines an appropriate mechanism for delayed public access implementation is necessary for practical reasons. Where appropriate, a bond or cash assignment may be approved, on review and approval by the Director of Community Development, to extend this requirement for 90 days from the date the Certificate of Occupancy is issued.

3. Public access easements and related permit conditions shall be recorded on the deed of title or the face of the plat or approved site plan, as a condition tied to the use of the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit or final subdivision approval. Upon re-development of such a site, the easement may be relocated to facilitate the continued public access to the shoreline.

4. Approved signs indicating the public’s right of access and hours of access, if restricted, shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs should be designed to distinguish between public and private areas. Signs controlling or restricting public access may be approved as a condition of permit approval.

5. Required access must be maintained in perpetuity.

6. Public access features shall be separated from residential uses through the use of setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to the site.

7. Shared public access between developments is encouraged. Where access is to be shared between adjacent developments, the minimum width for the individual access easement may be reduced, provided the total width of easements contributed by each adjacent development equals a width that complies with Fire Department requirements and/or exceeds the minimum for an individual access.

8. Public access sites shall be connected directly to the nearest public area (e.g., street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections.

C. 

Requirements for Shoreline Trails.

Where public access is required under TMC Section 18.44.080.A.1, the requirement will be met by provision of a shoreline trail as follows:

1. 

Development on Properties Abutting Existing Green River Trail.

An applicant seeking to develop property abutting the existing trail shall meet public access requirements by upgrading the trail along the property frontage to meet the standards of a 12-foot-wide trail with 2-foot shoulders on each side. If a 12-foot-wide trail exists on the property, it shall mean public access requirements have been met if access to the trail exists within 1,000 feet of the property.

2. 

Development on Properties Where New Regional Trails are Planned.

An applicant seeking to develop property abutting the river in areas identified for new shoreline trail segments shall meet public access requirements by dedicating a 16-foot-wide trail easement to the City for public access along the river.

3. 

On-site Trail Standards.

Trails providing access within a property, park or restoration site shall be developed at a width appropriate to the expected usage and environmental sensitivity of the site.

D. 

Publicly-Owned Shorelines.

1. Shoreline development by any public entities, including but not limited to the City of Tukwila, King County, port districts, state agencies, or public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions listed in this section.

2. The following requirements apply to street ends and City-owned property adjacent to the river.

a. Public right-of-way and "road-ends," or portions thereof, shall not be vacated and shall be maintained for future public access.

b. Unimproved right-of-ways and portions of right-of-ways, such as street ends and turn-outs, shall be dedicated to public access uses until such time as the portion becomes improved right-of-way. Uses shall be limited to passive outdoor recreation, hand carry boat launching, fishing, interpretive/educational uses, and/or parking that accommodates these uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses.

c. City-owned facilities within the Shoreline Jurisdiction shall provide new trails and trail connections to the Green River Trail in accordance with approved plans and this SMP.

d. All City-owned recreational facilities within the Shoreline Jurisdiction, unless qualifying for an exemption as specified in this chapter, shall make adequate provisions for:

(1) Non-motorized and pedestrian access;

(2) The prevention of trespass onto adjacent properties through landscaping, fencing or other appropriate measures;

(3) Signage indicating the public right-of-way to shoreline areas; and

(4) Mechanisms to prevent environmental degradation of the shoreline from public use.

E. 

Public Access Incentives.

1. The minimum yard setback for buildings, uses, utilities or development from non-riverfront lot lines may be reduced as follows:

a. Where a development provides a public access corridor that connects off-site areas or public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line placement; or

b. Where a development provides additional public access area(s) equal in area to at least 2.5% of total building area, the front yard (the landward side of the development) may be reduced by 50%.

2. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet when:

a. Development devotes at least 5% of its building or land area to public shoreline access; or

b. Development devotes at least 10% of its land area to employee shoreline access.

3. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet for properties that construct a 12-foot-wide paved trail with a 2-foot-wide shoulder on each side for public access along the river in areas identified for new shoreline trail segments, or where, in the case of properties containing or abutting existing public access trails, the existing trail either meets the standard of a 12-foot-wide trail with 2-foot-wide shoulders on either side or the property owner provides any necessary easements and improvements to upgrade the existing trail to that standard along the property frontage.

4. During the project review, the project proponent shall affirmatively demonstrate that the increased height for structures authorized in subparagraphs E.2 and E.3 of this section will:

a. Not block the views of a substantial number of residences;

b. Not cause environmental impacts such as light impacts adversely affecting the river corridor;

c. Achieve no net loss of ecological function; and

d. Not combine incentives to increase the allowed building height above the maximum height in the parcel’s zoning district.

F. 

Exemptions from Provision of On-Site Public Access.

1. Requirements for providing on-site general public access, as distinguished from employee access, will not apply if the applicant can demonstrate one or more of the following:

a. Unavoidable health or safety hazards to the public exist such as active railroad tracks or hazardous chemicals related to the primary use that cannot be prevented by any practical means.

b. The area is limited to authorized personnel and 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 other public amenity on or off the development site is unreasonably disproportionate to the total long-term cost of the proposed development.

d. Unavoidable environmental harm or net loss of shoreline ecological functions that cannot be adequately mitigated will result from the public access.

e. Access is not feasible due to the configuration of existing parcels and structures, such that access areas are blocked in a way that cannot be remedied reasonably by the proposed development.

f. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated.

g. Space is needed for water-dependent uses or navigation.

2. In order to meet any of the above-referenced conditions, the applicant must first demonstrate that all reasonable alternatives have been exhausted including, but not limited to:

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

b. Designing separation of uses and activities through fencing, terracing, hedges or other design features; or

c. Providing access on a site geographically separate from the proposal such as a street end cannot be accomplished.

3. If the above conditions are demonstrated, and the proposed development is not subject to the Parks Impact Fee, alternative provisions for meeting public access are required and include:

a. Development of public access at an adjacent street end; or

b. Protection through easement or setbacks of landmarks, unique natural features or other areas valuable for their interpretive potential; or

c. Contribution of materials and/or labor toward projects identified in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or

d. In lieu of providing public access under this section, at the Director’s discretion, a private applicant may provide restoration/enhancement of the shoreline jurisdiction to a scale commensurate with the foregone public access.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.090 Shoreline Design Guidelines.

A. The Green/Duwamish River is an amenity that should be valued and celebrated when designing projects that will be located along its length. If any portion of a project falls within the shoreline jurisdiction, then the entire project will be reviewed under these guidelines as well as the relevant sections of the Design Review Chapter of the Zoning Code (TMC Chapter 18.60). The following standards apply to development, uses and activities in the Urban Conservancy and High Intensity Environments and non-residential development in the Shoreline Residential Environment.

1. 

Relationship of Structure to Site.

Development within the shoreline jurisdiction shall demonstrate compliance with the following:

a. Reflect the shape of the shoreline;

b. Orient building elements to site such that public river access, both visual and physical is enhanced;

c. Orient buildings to allow for casual observation of pedestrian and trail activity from interior spaces;

d. Site and orient buildings to provide maximum views from building interiors toward the river and the shoreline;

e. Orient public use areas and private amenities towards the river;

f. Clearly allocate spaces, accommodating parking, vehicular circulation and buildings to preserve existing stands of vegetation or trees so that natural areas can be set aside, improved, or integrated into site organization and planning;

g. Clearly define and separate public from non-public spaces with the use of paving, signage, and landscaping.

2. 

Building Design.

Development within the shoreline jurisdiction shall demonstrate compliance with the following:

a. To prevent building mass and shape from overwhelming the desired human scale along the river, development shall avoid blank walls on the public and river sides of buildings.

b. Buildings should be designed to follow the curve of the river and respond to changes in topography; buildings must not “turn their back” to the river.

c. Design common areas in buildings to take advantage of shoreline views and access; incorporate outdoor seating areas that are compatible with shoreline access.

d. Consider the height and scale of each building in relation to the site.

e. Extend site features such as plazas that allow pedestrian access and enjoyment of the river to the landward side of the buffer’s edge.

f. Locate lunchrooms and other common areas to open out onto the water-ward side of the site to maximize enjoyment of the river.

g. Design structures to take advantage of the river frontage location by incorporating features such as:

(1) Plazas and landscaped open space that connect with a shoreline trail system;

(2) Windows that offer views of the river; or

(3) Pedestrian entrances that face the river.

h. View obscuring fencing is permitted only when necessary for documentable use requirements and must be designed with landscaping per TMC Section 18.44.060, “Vegetation Protection and Landscaping.” Other fencing, when allowed, must be designed to complement the proposed and/or existing development materials and design; and

i. Where there are public trails, locate any fencing between the site and the landward side of the shoreline trail.

3. 

Design of Public Access.

Development within the shoreline jurisdiction shall demonstrate compliance with the following:

a. Public access shall be barrier free, where feasible, and designed consistent with the Americans with Disabilities Act.

b. Public access landscape design shall use native vegetation, in accordance with the standards in TMC Section 18.44.060, “Vegetation Protection and Landscaping.” Additional landscape features may be required where desirable to provide public/private space separation and screening of utility, service and parking areas.

c. Furniture used in public access areas shall be appropriate for the proposed level of development, and the character of the surrounding area. For example, large urban projects should provide formal benches; for smaller projects in less-developed areas, simpler, less formal benches or suitable alternatives such as boulders are appropriate.

d. Materials used in public access furniture, structures or sites shall be:

(1) Durable and capable of withstanding exposure to the elements;

(2) Environmentally friendly and take advantage of technology in building materials, lighting, paved surfaces, porous pavement, etc, wherever practical; and

(3) Consistent with the character of the shoreline and the anticipated use.

e. Public-Private Separation.

(1) Public access facilities shall look and feel welcoming to the public, and not appear as an intrusion into private property.

(2) Natural elements such as logs, grass, shrubs, and elevation separations are encouraged as means to define the separation between public and private space.

4. 

Design of Flood Walls.

The exposed new floodwalls should be designed to incorporate brick or stone facing, textured concrete block, design elements formed into the concrete or vegetation to cover the wall within 3 years of planting.

(Ord. 2741 § 4 (part), 2024; Ord. 2765 § 72, 2025)

§ 18.44.100 Shoreline Restoration.

A. 

Shoreline Substantial Development Permit Not Required.

Shoreline restoration projects shall be allowed without a Shoreline Substantial Development Permit when these projects meet the criteria established by WAC 173-27-040(2)(o) and (p) and RCW 90.58.580.

B. 

Changes in Shoreline Jurisdiction Due to Restoration.

1. Relief may be granted from Shoreline Master Program standards and use regulations in cases where shoreline restoration projects result in a change in the location of the OHWM and associated Shoreline Jurisdiction on the subject property and/or adjacent properties, and where application of this chapter’s regulations would preclude or interfere with the uses permitted by the underlying zoning, thus presenting a hardship to the project proponent.

a. Applications for relief, as specified below, must meet the following criteria:

(1) The proposed relief is the minimum necessary to relieve the hardship;

(2) After granting the proposed relief, there is net environmental benefit from the restoration project; and

(3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and with the Shoreline Master Program.

(4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under the provisions of this section.

b. The Department of Ecology must review and approve applications for relief.

c. For the portion of property that moves from outside Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, the City may consider the following, consistent with the criteria in TMC Section 18.44.100.B.1.a.

(1) Permitting development for the full range of uses of the underlying zoning consistent with the Zoning Code, including uses that are not water oriented;

(2) Waiving the requirement to obtain a shoreline substantial development permit if it is otherwise exempt from the requirement for a substantial development permit;

(3) Waiving the provisions for public access;

(4) Waiving the requirement for shoreline design review; and

(5) Waiving the development standards set forth in this chapter.

d. The intent of the exemptions identified in TMC Sections 18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to implement the restoration projects of the Shoreline Master Program Restoration Plan, which reflects the projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Goals and Policies 5.2 of the Tukwila Comprehensive Plan.

2. Consistent with the provisions of TMC Section 18.44.100.B.1.a, 1.b and 1.c, the Shoreline Residential Environment, High Intensity, Urban Conservancy Environment Shoreline Buffer width may be reduced to no less than 25 feet measured from the new location of the OHWM for the portion of the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, subject to the following standards:

a. The 25-foot buffer area must be vegetated according to the requirements of TMC Section 18.44.060, “Vegetation Protection and Landscaping,” or as otherwise approved by the City; and

b. The proponents of the restoration project are responsible for the installation and maintenance of the vegetation.

3. The habitat restoration project proponents must record with King County a survey that identifies the location of the OHWM location prior to implementation of the shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and the new location of the OHWM once construction of the shoreline restoration project is completed.

4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and Washington State Department of Fish and Wildlife approvals as well as written approval from the City.

C. 

Shoreline Restoration Building Height Incentive.

1. Consistent with provisions in TMC Section 18.44.050.C, building heights within shoreline jurisdiction may be increased if the project proponent provides additional restoration and/or enhancement of the shoreline buffer, beyond what may otherwise be required in accordance with the standards of TMC Section 18.44.060, “Vegetation Protection and Landscaping.” Additional restoration and/or enhancement shall include:

a. Creation of shallow-water (maximum slope 5H:1V) off channel rearing habitat and/or

b. Removal of fish passage barriers to known or potential fish habitat, and restoration of the barrier site.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.110 Administration.

A. 

Applicability of Shoreline Master Program and Substantial Development Permit.

1. 

Development in the Shoreline Jurisdiction.

Based on guidelines in the Shoreline Management Act (SMA) for a Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River, its banks, the upland area which extends from the OHWM landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. The floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity.

2. 

Applicability.

The Tukwila SMP applies to uses, change of uses, activities or development that occurs within the above-defined Shoreline Jurisdiction. All proposed uses and development occurring within the Shoreline Jurisdiction must conform to RCW 90.58, the SMA, and this chapter whether or not a permit is required.

B. 

Relationship to Other Codes and Regulations.

1. Compliance with this Master Program does not constitute compliance with other federal, state, and local regulations and permit requirements that may apply. The applicant is responsible for complying with all other applicable requirements.

2. Where this Master Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply.

3. In the case of any conflict between any other federal, state, or local law and this Master Program, the provision that is most protective of shoreline resources shall prevail, except when constrained by federal or state law, or where specifically provided in this Master Program.

4. 

Relationship to Critical Areas Regulations:

a. For protection of critical areas where they occur in shoreline jurisdiction, this Master Program adopts by reference the City’s Critical Areas Ordinance, which is incorporated into this Master Program with specific exclusions and modifications in TMC Section 18.44.070.

b. All references to the Critical Areas Ordinance are for the version adopted March 2, 2020. Pursuant to WAC 173-26-191(2)(b), amending the referenced regulations in the Master Program for those critical areas under shoreline jurisdiction will require an amendment to the Master Program and approval by the Department of Ecology.

c. Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally construed together with this Master Program to give full effect to the objectives and purposes of the provisions of this Master Program and RCW 90.58.

C. 

Developments not Required to Obtain Shoreline Permits or Local Reviews.

Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following as described in WAC 173-27-044 and WAC 173-27-045:

1. 

Remedial Actions.

Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to RCW 70.105D, or to the Department of Ecology when it conducts a remedial action under RCW 70.105D.

2. 

Boatyard Improvements to Meet NPDES Permit Requirements.

Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit.

3. 

WSDOT Facility Maintenance and Safety Improvements.

Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.

4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.

5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to RCW 80.50.

D. 

Substantial Development Permit Requirements.

1. 

Permit Application Procedures.

Applicants for a Shoreline Substantial Development Permit shall comply with permit application procedures in TMC Chapter 18.104.

2. 

Exemptions.

a. To qualify for an exemption, the proposed use, activity or development must meet the requirements for an exemption as described in WAC 173-27-040, except for properties that meet the requirements of the Shoreline Restoration Section, TMC Section 18.44.100. The purpose of a shoreline exemption is to provide a process for uses and activities which do not trigger the need for a Substantial Development Permit, but require compliance with all provisions of the City’s SMP and overlay district.

b. The Director may impose conditions to the approval of exempted developments and/or uses as necessary to assure compliance of the project with the SMA and the Tukwila SMP, per WAC 173-27-040(e). For example, in the case of development subject to a building permit but exempt from the shoreline permit process, the Building Official or other permit authorizing official, through consultation with the Director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140.

3. A substantial development permit shall be granted only when the development proposed is consistent with:

a. The policies and procedures of the Shoreline Management Act;

b. The provisions of WAC 173-27; and

c. This Shoreline Master Program.

E. 

Shoreline Conditional Use Permit.

1. 

Purpose.

As stated in WAC 173-27-160, the purpose of a Conditional Use Permit (CUP) is to allow greater flexibility in the application of use regulations of this chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or assure consistency of the project with the SMA and the City’s SMP. Uses which are specifically prohibited by the Shoreline Master Program shall not be authorized with approval of a CUP.

2. 

Application.

Shoreline Conditional Use Permits are a Type 3 Permit processed under TMC Chapter 18.104.

3. 

Application Requirements.

Applicants must meet all requirements for permit application and approvals indicated in TMC Chapter 18.104 and this chapter.

4. 

Approval Criteria.

a. Uses classified as shoreline conditional uses may be authorized, provided that the applicant can demonstrate all of the following:

(1) The proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Tukwila Shoreline Master Program;

(2) The proposed use will not interfere with the normal public use of public shorelines;

(3) The proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the Comprehensive Plan and this chapter;

(4) The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

(5) The public interest suffers no substantial detrimental effect.

b. In the granting of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted to other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58 and all local ordinances and shall not produce substantial adverse effects to the shoreline environment.

F. 

Shoreline Variance Permits.

1. 

Purpose.

The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional, or performance standards set forth in this chapter where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of this chapter will impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90.58.020. Reasonable use requests that are located in the shoreline must be processed as a variance, until such time as the Shoreline Management Act is amended to establish a process for reasonable uses. Variances from the use regulations of this chapter are prohibited.

2. 

Application Requirements.

Applicants must meet all requirements for a Type 3 permit application and approvals indicated in TMC Chapter 18.104.

3. Shoreline Variance Permits should be granted in circumstances where denial of a permit would result in inconsistencies with the policies of the Shoreline Management Act (RCW 90.58.020). In all instances, the applicant must demonstrate that extraordinary circumstances exist and the public interest will suffer no substantial detrimental effect.

4. 

Shoreline Variance Permits Landward of OHWM and Landward of Wetlands.

A Shoreline Variance Permit for a use, activity or development that will be located landward of the ordinary high water mark and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following:

a. The strict application of the bulk, dimensional, or performance standards set forth in this chapter preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this chapter.

b. The hardship for which the applicant is seeking the variance is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and not from the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated.

c. The design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP and will not cause adverse impacts to adjacent properties or the shoreline environment.

d. The variance will not constitute a grant of special privilege not enjoyed by other properties in the area.

e. The variance is the minimum necessary to afford relief.

f. The public interest will suffer no substantial detrimental effect.

g. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area such that the total of the variances would remain consistent with RCW 90.58.020 and not cause substantial adverse effects to the shoreline environment.

5. 

Shoreline Variance Permits Waterward of OHWM or Within Critical Areas.

a. Shoreline Variance Permits for development and/or uses that will be located either waterward of the ordinary high water mark or within any critical area may be authorized only if the applicant can demonstrate all of the following:

(1) The strict application of the bulk, dimensional or performance standards set forth in this Master Program preclude all reasonable permitted use of the property;

(2) The proposal is consistent with the criteria established under TMC Section 18.44.110.F.4., “Approval Criteria;” and

(3) The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance.

G. 

Non-Conforming Development.

1. 

Non-Conforming Uses.

Any non-conforming lawful use of land that would not be allowed under the terms of this chapter may be continued as an allowed, legal, non-conforming use, defined in TMC Chapter 18.06 or as hereafter amended, so long as that use remains lawful, subject to the following:

a. No such non-conforming use shall be enlarged, intensified, increased, moved or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this chapter except as authorized in TMC Section 18.66.120 or upon approval of a conditional use permit.

b. If any such non-conforming use ceases for any reason for a period of more than 24 consecutive months, the non-conforming rights shall expire and any subsequent use shall conform to the regulations specified in this chapter for the shoreline environment in which such use is located, unless re-establishment of the use is authorized through a Shoreline Conditional Use Permit, which must be applied for within the two-year period when the non-conforming use ceases to exist. Water-dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use is typically seasonal. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City may grant an extension of time beyond the 24 consecutive months using the criteria set forth in TMC Section 18.44.110.G.4.

c. If a change of use is proposed to a use determined to be non-conforming by application of provisions in this chapter, the proposed new use must be a permitted use in this chapter or a use approved under a Type 2 permit. For purposes of implementing this section, a change of use constitutes a change from one permitted or conditional use category to another such use category as listed within the Shoreline Use Matrix.

d. A structure that is being or has been used for a non-conforming use may be used for a different non-conforming use only upon the approval of a Type 2 permit. Before approving a change in non-conforming use, the following findings must be made:

(1) No reasonable alternative conforming use is practical.

(2) The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the non-conforming use.

(3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose.

(4) The structure(s) associated with the non-conforming use shall not be expanded in a manner that increases the extent of the non-conformity.

(5) The change in use will not create adverse impacts to shoreline ecological functions and/or processes.

(6) The applicant restores and/or enhances the entire shoreline buffer, including but not limited to, paved areas no longer in use on the property, to offset the impact of the change of use per the vegetation management standards of this chapter. This may include the restoration of paved areas to vegetated area if no longer in use.

(7) The preference is to reduce exterior uses in the buffer to the maximum extent possible.

2. 

Non-Conforming Structures.

Where a lawful structure exists on the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on height, buffers or other characteristics of the structure, it may be continued as an allowed, legal structure so long as the structure remains otherwise lawful subject to the following provisions:

a. Such structures may be repaired, maintained, upgraded and altered provided that:

(1) The structure may not be enlarged or altered in such a way that increases its degree of nonconformity or increases its impacts to the functions and values of the shoreline environment except as authorized in TMC Section 18.66.120; and

(2) If the structure is located on a property that has no reasonable development potential outside the shoreline buffer, there shall be no limit on the cost of alterations, provided the applicant restores and/or enhances the shoreline buffer from above the Ordinary High Water Mark to at least 12 feet landward of the top of the slope along the entire length of the subject property to meet the vegetation management standards of this chapter (TMC Section 18.44.060). If the structure is located on a property that has reasonable development potential outside the shoreline buffer, the cost of the alterations may not exceed an aggregate cost of 50% of the value of the building or structure in any 3-year period based upon its most recent assessment, unless the amount over 50% is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority.

(3) Maintenance or repair of an existing private bridge is allowed without a conditional use permit when it does not involve the use of hazardous substances, sealants or other liquid oily substances.

b. Should such structure be destroyed by any accidental means, the structure may be reconstructed to its original dimensions and location on the lot provided application is made for permits within two years of the date the damage occurred and all reconstruction is completed within two years of permit issuance. In the event the property is redeveloped, such redevelopment must be in conformity with the provisions of this chapter.

c. Should such structure be moved for any reason or any distance, it must be brought as closely as practicable into conformance with the applicable master program and the act.

d. When a non-conforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of this chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown an extension of time beyond the 24 consecutive months may be granted using the criteria in TMC Section 18.44.110.G.4.

e. Residential structures located in any Shoreline Residential Environment and in existence at the time of adoption of this chapter shall not be deemed nonconforming in terms of height, residential use, or location provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions, location and height, but may not be changed except as provided in the non-conforming uses section of this chapter.

f. Single-family structures in the Shoreline Residential Environment that have legally non-conforming setbacks from the OHWM per the shoreline buffer shall be allowed to expand the ground floor only along the existing building line(s) as long as the existing distance from the nearest point of the structure to the OHWM is not reduced and the square footage of new intrusion into the buffer does not exceed 50% of the square footage of the current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant species within the entire shoreline buffer and replanting with appropriate native species must be submitted to the City. Plantings should be maintained through the establishment period.

3. For the purposes of this section, altered or partially reconstructed is defined as work that does not exceed 50% of the assessed valuation of the building over a three-year period.

4. 

Requests for Time Extension—Non-conforming Uses and Structures.

a. A property owner may request, prior to the end of the two-year period, an extension of time beyond the two-year period. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when:

(1) For a non-conforming use, a finding is made that no reasonable alternative conforming use is practical;

(2) For a non-conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months; and

(3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non-conforming use. For non-conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non-conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of TMC Section 18.44.060 shall be used for guidance on any restoration/enhancement. For non-conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced.

b. Conditions may be attached to the City-approved extension that are deemed necessary to assure compliance with the above findings, the requirements of the Shoreline Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard.

5. 

Building Safety.

Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe condition of any non-conforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety.

a. Alterations or expansion of a non-conforming structure that are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed.

b. Alterations or expansions permitted under this section shall be the minimum necessary to meet the public safety concerns.

6. 

Non-Conforming Parking Lots.

a. Parking lot regulations contained in this chapter shall not be construed to require a change in any aspect of a structure or facility that existed on the date of adoption of this chapter covered thereunder including parking lot layout, loading space requirements and curb-cuts, except as necessary to meet vegetation protection and landscaping standards consistent with TMC Section 18.44.110.G.7.

b. If a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment less than 100%, the requirements of this chapter shall be complied with for the additional parking area.

c. If a property is redeveloped, a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment greater than 100%, the requirements of this chapter shall be complied with for the entire parking area. An existing non-conforming parking lot, which is not otherwise subject to the requirements of this chapter, may be upgraded to improve water quality or meet local, state, and federal regulations provided the upgrade does not result in an increase in non-conformity.

d. The area beneath a non-conforming structure may be converted to a contiguous parking lot area if the non-conforming structure is demolished and only when the contiguous parking is accessory to a legally established use. The converted parking area must be located landward of existing parking areas.

7. 

Non-Conforming Landscape Areas.

a. Adoption of the vegetation protection and landscaping regulations contained in this chapter shall not be construed to require a change in the landscape improvements for any legal landscape area that existed on the date of adoption of this chapter, unless and until the property is redeveloped or alteration of the existing structure is made beyond the thresholds provided herein.

b. At such time as the property is redeveloped or the existing structure is altered beyond the thresholds provided herein and the associated premises does not comply with the vegetation protection and landscaping requirements of this chapter, a landscape plan that conforms to the requirements of this chapter shall be submitted to the Director for approval.

H. 

Revisions to Shoreline Permits.

Revisions to previously issued shoreline permits shall be reviewed under the SMP in effect at the time of submittal of the revision, and not the SMP under which the original shoreline permit was approved and processed in accordance with WAC 173-27-100.

I. 

Time Limits on Shoreline Permits.

1. Consistent with WAC 173-27-090, shoreline permits are valid for two years, and the work authorized under the shoreline permit must be completed in five years. Construction activity must begin within this two-year period. If construction has not begun within two years, a one-time extension of one year may be approved by the Director based on reasonable factors. The permit time period does not include the time during which administrative appeals or legal actions are pending or due to the need to obtain any other government permits and approvals for the project.

2. Upon a finding of good cause, based on the requirements and circumstances of a proposed project, and consistent with the City’s Shoreline Master Program, the City may adopt a different time limit for a shoreline substantial development permit as part of an action on a shoreline substantial development permit.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.120 Appeals.

A. Any person aggrieved by the granting, denying, or rescinding of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision as provided in RCW 90.58.140(6).

(Ord. 2741 § 4 (part), 2024)

§ 18.44.130 Enforcement and Penalties.

A. 

Violations.

The following actions shall be considered violations of this chapter:

1. To use, construct or demolish any structure, or to conduct clearing, earth-moving, construction or other development not authorized under a Substantial Development Permit, Conditional Use Permit or Variance Permit, where such permit is required by this chapter.

2. Any work which is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided that the terms or conditions are stated in the permit or the approved plans.

3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter.

4. To misrepresent any material fact in any application, plans or other information submitted to obtain any shoreline use or development authorization.

5. To fail to comply with the requirements of this chapter.

B. 

Enforcement.

This chapter shall be enforced subject to the terms and conditions of TMC Chapter 8.45.

C. 

Inspection Access.

1. For the purpose of inspection for compliance with the provisions of a permit or this chapter, authorized representatives of the Director may enter all sites for which a permit has been issued.

2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the planner.

D. 

Penalties.

1. Any violation of any provision of the SMP, or failure to comply with any of the requirements of this chapter shall be subject to the penalties prescribed in TMC Chapter 8.45 and shall be imposed pursuant to the procedures and conditions set forth in that chapter.

2. Penalties assessed for violations of the SMP shall be determined by TMC Section 8.45.120.

3. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person.

4. 

Penalties for Tree Removal:

a. Each unlawfully removed or damaged tree shall constitute a separate violation.

b. The amount of the penalty shall be $1,000 per tree or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties.

c. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. In addition, any shrubs and groundcover removed without City approval shall be replaced.

d. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment may be made into the City’s Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in TMC Section 18.44.060.B.4.

E. 

Remedial Measures Required.

In addition to penalties provided in TMC Chapter 8.45, the Director may require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.

1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline Management Act.

2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant.

F. 

Injunctive Relief.

1. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to this chapter, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court.

2. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the Master Program.

G. 

Abatement.

Any use, structure, development or work that occurs in violation of this chapter, or in violation of any lawful order or requirement of the Director pursuant to this section, shall be deemed to be a public nuisance and may be abated in the manner provided by the TMC Section 8.45.100.

(Ord. 2741 § 4 (part), 2024)

§ 18.44.140 Liability.

A. No provision of or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action.

(Ord. 2741 § 4 (part), 2024)