A. 
Ecological protection of shoreline environments shall be achieved through compliance with the applicable provisions of Chapter 16.16 WCC (Critical Areas) and subsections B and C of this section.
B. 
Development, use, and activities within the shoreline jurisdiction shall avoid and minimize adverse impacts, and any unavoidable impacts shall be mitigated to meet no net loss of ecological function and ecosystem-wide processes pursuant to WAC 173-26-186.
C. 
To provide for flexibility in the administration of the ecological protection provisions of this program, buffer modification and alternative mitigation approaches as provided for in Chapter 16.16 WCC may be approved within shorelines where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of this program and are scientifically supported. Use of WCC § 16.16.261 (Alternative mitigation plans) and 16.16.262 (Watershed-based management plans) within shoreline jurisdiction shall require a shoreline conditional use permit.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Shoreline use and development shall incorporate measures to protect and maintain surface and ground water quantity and quality in accordance with all applicable laws, including compliance with Whatcom County stormwater and drainage regulations in WCC § 20.80.630 through § 20.80.635.
1. 
Development shall meet minimum requirements of Nos. 1 through 9 of the current stormwater manual, as applicable. Deviations from these standards may be approved where it can be demonstrated that off-site facilities would provide better treatment, or where common retention, detention, and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan.
2. 
Best management practices (BMPs) for control of erosion and sedimentation shall be implemented for all development in shorelines through an approved temporary erosion and sediment control (TESC) plan or administrative conditions.
B. 
To avoid water quality degradation by malfunctioning or failing septic systems located within shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. The owner must be in compliance with WCC § 24.05.280 (Operation, monitoring, and maintenance – Owner responsibilities.).
C. 
Septic tanks and drainfields are prohibited where public sewer is reasonably available.
D. 
All materials that may come in contact with water shall be constructed of materials such as untreated wood, concrete, approved plastic composites, or steel that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic, or pentachlorophenol is prohibited in or above shoreline water bodies.
E. 
Outfalls (including stormwater and sewer outfalls) and discharge pipes shall not be located in critical saltwater habitats or areas where outfall or discharge will adversely affect critical saltwater habitat, unless the applicant can show that all of the following can be met:
1. 
There is no feasible alternative location for the outfall or pipe;
2. 
The outfall or pipe is placed below the surface of the beach or bed of the water body, except at the point of discharge;
3. 
The discharge point(s) on the outfall or discharge pipe is located so the discharges, including nutrients and flow, do not adversely affect critical saltwater habitats; and
4. 
For public sewage outfalls:
a. 
The outfall discharges waterward of the intertidal zone.
b. 
The disturbed area will be revegetated with native vegetation.
F. 
The use of existing outfalls shall be maximized to limit the need for additional outfalls, provided the existing outfall meets the standards of this section, or unless an alternatives analysis demonstrates the dispersal is less impacting to the shoreline environment.
(Ord. 2024-047 § 2 (Exh. D))
A. 
When the two are in conflict, protection and/or enhancement of critical areas and their associated buffers shall be preferred over provisions for new visual access except where otherwise allowed by this program.
B. 
To protect views of the shoreline from existing structures, setbacks may be modified pursuant to WCC § 23.40.020(D) (Shoreline bulk provisions; Setbacks)
C. 
To minimize impacts to views from the water, the director may require the planting of vegetation to mitigate the impacts.
D. 
Where commercial, industrial, mixed use, multifamily, or multi-unit developments are proposed, primary structures shall provide for reasonable view corridors between buildings.
E. 
Buildings shall incorporate architectural and/or landscape features that reduce scale or bulk, such as setbacks, vegetation, pitched roofs, offsets, angled facets, and recesses.
F. 
Building surfaces on or adjacent to the water shall employ materials that minimize reflected light.
G. 
Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent possible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment.
H. 
Any other design standards included in community plans or regulations adopted by Whatcom County shall apply.
I. 
Fences, walls, hedges, and other similar accessory structures, excluding those associated with agricultural uses, and retaining walls necessary to protect existing primary structures from erosion, landslides or other geologic hazards, shall be limited to four feet in height between the ordinary high water mark and structures, and within shoreline view areas as defined in Chapter 23.60 WCC (Definitions); provided, that within shoreline view areas, the director may approve a greater height where a fence or other feature is parallel to the right-of-way and does not extend above a line of sight between the ordinary high water mark and a point three and one-half feet above the centerline of the road.
J. 
Fences, walls, hedges, or accessory structures on public property shall not be permitted to obscure shoreline views within shoreline view areas as defined in Chapter 23.60 WCC or from existing residences on adjacent property, or views from the water, unless specific findings are made that the proposed view obstruction is justified by overriding considerations of the public interest.
K. 
Interior and exterior lighting shall be designed and operated to avoid illuminating nearby properties or public areas; prevent glare on adjacent properties, public areas, or roadways; avoid infringing on the use and enjoyment of such areas; and to prevent hazards. Methods of controlling spillover light include, but are not limited to, limits on height of structure, limits on light levels of fixtures, light shields, setbacks, buffer areas, and screening.
L. 
Where shoreline setbacks or buffers are allowed to be reduced per this program, the proposed use or development shall not be permitted to substantially obscure shoreline views within shoreline view areas as defined in Chapter 23.60 WCC (Definitions) or from existing residences on adjacent property.
M. 
Limbing, clearing, and/or thinning for limited view corridors shall only be allowed pursuant to WCC § 16.16.235(B)(5) (activities allowed with notification), except that view corridors are not permitted in the natural shoreline environment.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Pursuant to WCC § 16.16.710, shorelines are designated as fish and wildlife habitat conservation areas. Within these areas and their buffers it is important to protect and enhance vegetation to provide ecological and habitat functions as well as human health and safety. Vegetation management practices consist of retaining or improving vegetated areas to protect the integrity, functions, and values of the affected critical area (shoreline) while allowing the shoreline (critical area) buffer to be modified to accommodate allowed uses when consistent with the Act and this program.
B. 
Vegetation management within the shoreline (critical area) buffer shall adhere to the applicable regulations of Chapter 16.16 WCC (Critical Areas). In addition:
1. 
Vegetation clearing within shoreline jurisdiction shall be limited to the minimum necessary to accommodate approved shoreline development.
2. 
Shoreline development shall conform to natural contours and minimize disturbance to soils and native vegetation, as feasible. This shall include incorporation of trails or stairs from parking areas on steep slopes, and other design elements, to lessen the need to alter natural contours and minimize soil and native vegetation disturbance. Foundations shall be tiered with earth retention incorporated into the structural design.
3. 
All shoreline developments shall develop and implement a vegetation management plan, prepared by a qualified professional and consistent with the requirements in WCC § 16.16.260(G) and (H); provided, that the director may establish prescriptive standards for vegetation conservation and management as an alternative to requiring a specific plan for a development. Vegetation management plans shall describe actions that will be implemented to ensure that buffer areas provide ecological functions equivalent to a dense native vegetation community to the extent possible given the area that is feasibly available. Required vegetation shall be maintained over the life of the use and/or development by means of a conservation easement or similar legal instrument recorded with the Whatcom County auditor.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Project Approval Requirements.
1. 
Upon receipt of an application for a permit, exemption, or other approval for a proposed project, the county shall determine whether the project lies within 500 feet of a site known to contain a cultural resource based on the Washington State Department of Archaeology and Historic Preservation's (DAHP) Inventory of Cultural Resources.
2. 
If the project meets this criterion, a cultural resources survey and report meeting the requirements of subsection B of this section shall be required.
3. 
Whatcom County shall provide the cultural resource report to DAHP and if Native American cultural resources are addressed, to the Lummi Nation Tribal Historic Preservation Office, the Nooksack Tribe, and/or other affected Native American tribes for a 15-day review and comment opportunity. Said review period may run concurrently with other required public review periods, such as for SEPA.
4. 
Based upon consultation with DAHP and the affected tribe(s), the director may approve the report or reject or request revision of the conclusions reached and/or management recommendations when it is inaccurate or does not fully address the cultural resource management concerns involved.
5. 
If the cultural resource report identifies the presence of a cultural resource, any permit issued shall be conditioned on meeting the approved report's management recommendations.
6. 
Regardless of whether any cultural resources are identified or not, any activities are still subject to the state and federal regulations, including those regarding inadvertent discoveries (RCW 27.44.055, 68.50.645, and 68.60.055).
7. 
Final cultural resource reports shall be filed with DAHP prior to the county's issuance of a permit, exemption, or other approval by the applicant or his/her agent. The project's cultural resource professional shall also upload their reports and site forms to WISAARD, the state's digital repository for architectural and archaeological resources and reports maintained by DAHP.
8. 
Any costs associated with a cultural resource review shall be borne by the applicant.
B. 
Cultural Resources Report Standards.
1. 
Cultural resources reports shall meet the most recent "Washington State Standards for Cultural Resource Reporting" issued by DAHP (https://dahp.wa.gov/project-review/washington-state-standards-for-cultural-resource-reporting).
2. 
Cultural resources reports addressing archaeological resources shall be conducted by a professional archaeologist that meets the Secretary of the Interior Professional Qualifications Standards (36 CFR Part 61). Cultural resources reports addressing historic resources shall be conducted by a qualified historic preservation professional.
3. 
If the cultural resource report identifies the presence of a cultural resource, it must provide management recommendations that, at a minimum, conform to DAHP's most current management standards. Such recommendations will depend on the resource identified, but may include but are not limited to:
a. 
Inadvertent discovery plan;
b. 
On-site monitoring by a qualified professional and/or a tribal representative;
c. 
Avoidance, by redesigning the project; or
d. 
When impacts cannot be avoided, obtaining a cultural resource permit (see Chapters 27.44 and 27.53 RCW; https://dahp.wa.gov/archaeology/archaeological-permitting, and https://apps.leg.wa.gov/WAC/default.aspx?cite=25-48-060).
(Ord. 2024-047 § 2 (Exh. D))
A. 
All shoreline substantial development, shoreline conditional use permits, or developments of more than four residential lots or dwelling units shall provide public access. When appropriate, provisions for adequate public access shall be incorporated into such proposals, including land division. An applicant shall not be required to provide public access if the decision maker determines that one or more of the following conditions apply:
1. 
Providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the proposed development.
2. 
The proposed development has already been considered as part of a larger development project that has previously provided public access as part of the development permitting process.
3. 
The proposed development is for the subdivision of property into four or fewer parcels.
4. 
The proposed development consists of only agricultural activities.
5. 
Provision of public access on the site would pose a health or safety risk to the public due to the nature of the proposed use or activity or the location of public access, or would be infeasible due to security requirements associated with the proposed development.
6. 
Provision of public access at the proposed development site would result in a net loss of shoreline ecological function that cannot be effectively mitigated or avoided, or would pose a risk to threatened and/or endangered species listed under the Endangered Species Act.
7. 
The proposal consists solely of a new or expanded utility crossing through shoreline jurisdiction, serving development located outside shoreline jurisdiction; provided, that no adverse impacts to existing public access result.
B. 
Prior to deciding public access is not required pursuant to subsections (A)(1) through (A)(7) of this section, the county must determine that all reasonable alternatives have been exhausted, including, but not limited to:
1. 
Regulating access by such means as maintaining a gate and/or limiting hours of use;
2. 
Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.); and
3. 
Providing for access at a site geographically separated from the proposal such as a street end, vista, tideland, or trail system.
C. 
Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means to view and/or physically approach public waters, and may include interpretive centers and displays.
D. 
Where public access planning as described in WAC 173-26-221(4)(c) demonstrates that a more effective public access system can be achieved through alternate means, such as focusing public access at the most desirable locations, the county may institute master program provisions for public access based on that approach in lieu of uniform site-by-site public access requirements.
E. 
Where there is an irreconcilable conflict between water-dependent shoreline uses or physical public access and the maintenance of views from adjacent properties, the water-dependent uses and physical public access shall have priority.
F. 
Alternate off-site provision of public access to shorelines may be used upon approval as a means of offsetting identifiable on-site impacts. If public access is demonstrated to be infeasible or inappropriate on site due to significant interference to operations or hazards to life and property, alternative visual access opportunities (such as a viewpoint, observation tower, or other areas serving as a means to view public waters (such as an interpretive center and displays explaining maritime history and industry) may be provided at a location not directly adjacent to the water; provided, that visual access to the water is provided.
G. 
Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be diminished (RCW 35.79.035 and 36.87.130).
H. 
Shoreline development by public entities shall include public access measures as part of each development project.
I. 
Development shall be located, designed, and managed so that impacts on public use of the shoreline are minimized.
J. 
Public access shall incorporate the following location and design criteria:
1. 
Where open space is provided along the shoreline, and public access can be provided in a manner that will not adversely impact shoreline ecological functions and/or processes, a public pedestrian access walkway parallel to the ordinary high water mark of the property is preferred. The walkway shall be buffered from sensitive ecological features and provide limited and controlled access to sensitive features and the water's edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to five feet in width to reduce impacts to ecologically sensitive resources.
2. 
Public access shall be located adjacent to other public areas, accesses and connecting trails, connected to the nearest public street; and include provisions for differently abled persons where feasible.
3. 
Where views of the water or shoreline are available and physical access to the water's edge is not present or appropriate, a public viewing area shall be provided.
4. 
Design shall minimize intrusions on privacy by avoiding locations adjacent to windows and/or outdoor private open spaces or by screening or other separation techniques.
5. 
Design shall provide for the safety of users, including the control of offensive conduct through public visibility of the public access area, or through provisions for oversight. The administrator may authorize a public access to be temporarily closed in order to develop a program to address offensive conduct. If offensive conduct cannot be reasonably controlled, alternative facilities may be approved through a permit revision.
6. 
Public amenities appropriate to the use of a public access area such as benches, picnic tables and sufficient public parking to serve the users shall be provided.
7. 
Commercial developments that attract a substantial number of persons and developments by government/public entities may be required to provide public restrooms, facilities for disposal of animal waste and other appropriate public facilities.
8. 
The minimum width of public access easements shall be 10 feet, unless the administrator determines that undue hardship would result. In such cases, easement widths may be reduced only to the extent necessary to relieve the hardship.
9. 
The requirement for public access on a specific site may be fulfilled by:
a. 
Participation in a public access plan incorporated in the program; or
b. 
Provision of facilities specified in a permit approval.
10. 
Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance.
11. 
Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
12. 
Public access provisions shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded with the county auditor's office prior to the time of building permit approval, occupancy or plat recordation, whichever comes first.
13. 
Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal agreement recorded with the county auditor's office.
14. 
Public access facilities shall be available to the public 24 hours per day unless specific exceptions are granted though the shoreline permit process subject to the provisions of subsection (B)(1) of this section.
15. 
The standard state-approved logo or other approved signs that indicate the public's right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites.
16. 
Incentives for public access improvements such as density or bulk and dimensional bonuses shall be considered through applicable provisions of zoning and subdivision regulations.
(Ord. 2024-047 § 2 (Exh. D))