A. 
All uses and modifications in shoreline areas shall be subject to the policies and regulations of this program.
B. 
Table 1, Shoreline Use by Environment Designation, generally sets forth the permissible uses within the respective shoreline environment designations in the county. It should be read in close conjunction with the definitions in Chapter 23.60 WCC (Definitions) and the other provisions in this program. The contents of Table 1 provisions are subject to limitations, conditions, and exceptions listed under of each of the categories of this chapter. Such text modifies the requirements of Table 1, and in the event there is a conflict between Table 1 and the policies or regulations, the policies and regulations shall prevail.
C. 
Shoreline use and development shall be classified by the director and regulated under one or more of the following applicable sections of this chapter. A proposed development may contain different types of uses and/or modifications, and may be classified under and be subject to multiple categories (e.g., a marina may fall under and be subject to Marinas, Moorage, Commercial, and Industrial, depending on what is proposed).
D. 
In the aquatic shoreline environment designation, only water-dependent uses shall be allowed, subject to the use and development regulations of the abutting upland shoreline environment designation.
Table 1: Shoreline Use by Environment Designation
Shoreline Uses
Shoreline Environment Designation
Urban
Urban Resort
Urban Conservancy
Shoreline Residential
Rural
Resource
Conservancy
Natural
Aquatic
Cherry Point Mgmt Area
Agriculture
Agriculture – General
P
X
P
P
P*
P
P
X*
X
P
Liquid Manure Storage Facilities and Spreading
X
X
X
X
P
P
P
X
X
X
Animal Feeding Operations and Confined Animal Feeding Operations (AFOs/CAFOs)
X
X
X
X
P
P
P
X
X
X
Aquaculture
Aquaculture – General
P
P*
P
P*
P
P
P
X
see upland
P
Commercial Salmon Net Pen Facilities
X
X
X
X
X
X
X
X
X
X
Commercial Geoduck Aquaculture
C
C
C
C
C
C
C
C
C
C
Marinas and Launch Ramps
Marinas, including accessory structures
P
P
C
P
P
X
C
X
see upland
X
Launch Ramps – Marina
P
P
C
P
P
X
C
X
see upland
X
Launch Ramps – Public
P
P
P
P
P
P
P
X/P*
see upland
P
Launch Ramps – Residential
X
X
X
X
X
X
X
X
X
X
Covered Overwater Structures
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
P*
P
Commercial
Water-Dependent Commercial
P
P*
C*
P
P
P*
C*
X
see upland
P
Water-Related and Water-Enjoyment Commercial
P
P*
C*
P
P
P*
C*
X
X
P
Non-Water-Oriented Commercial
C
C
C
C
C
C*
C
X
X
C
Dredging and Dredge Material Disposal
Dredging
C
C
C
C
C
C
C
X/P*
C*
X/C*
Maintenance Dredging
P
P
P
P
P
P
P
P
P*
P*
Dredge Material Disposal
P
P
P
P
P
P
P
P
X
P
Essential Public Facilities
C
C
C
C
C
C
C
X
C
C
Fill and Excavation
P/C*
P/C*
P/C*
P/C*
P/C*
P/C*
P/C*
X
C
X/C*
Flood Hazard Reduction and Instream Structures
Flood Hazard Reduction and Instream Structures – General
P
P
P
P
P
P
P
X
see upland
P
Channelization or Dams for Hazard Reduction
P
P
X
P
C
C
X
X
see upland
P
Forest Practices
Outside of shorelines of statewide significance
P
P
P
P
P
P
P
C
see upland
P
Within shorelines of statewide significance
C
C
C
C
C
C
C
C
C
C
Industrial and Port
Water-Dependent Industrial and Port Development
P
X
X
X
P*
P/C*
X
X
see upland
P
Water-Related and Water-Enjoyment Industrial and Port development
P
X
X
X
P*
P/C*
X
X
X
P
Existing Legal Fossil-Fuel Refinery Operations or Existing Legal Fossil Fuel Transshipment Facilities
P
X
X
X
P
C
X
X
C
P
Expansion of Existing Legal Fossil Fuel Refinery Operations or Expansion of Existing Legal Fossil Fuel Transshipment Facilities
P
X
X
X
P
C
X
X
C
C
New or Expansion of Existing Legal Renewable Fuel Refinery Operations or Renewable Fuel Transshipment Facilities
P
X
X
X
P
C
X
X
C
C
Non-Water-Oriented Industrial and Port Development
C
X
X
X
C
C
X
X
X
X
Terminals for Passenger-Only Vessels
P
P
X
X
P
P
X
X
see upland
C
In-Water Log Storage
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
C
X
Institutional
C
C
C
C
C
C
C
X
X
X
Land Division
Boundary Line Adjustments and Lot Consolidation
P
P
P
P
P
P
P
X
X
P
Short Plats
P
P
P
P
P
P
P
X
X
P
Subdivisions
P
P
P
P
P
P
P
X
X
P
Mining
Mining – General
X
X
X
X
C
C
C
X
X*
C
Surface Oil or Gas Drilling
X
X
X
X
X
X
X
X
X
X
Moorage Structures
Private Individual Moorage (other than mooring buoys) – Freshwater
P
C
P
P
P
P
P
X
see upland
X
Private Individual Moorage (other than mooring buoys) – Marine
P
C
C
P
P
P
C
X
see upland
X
Private Shared Moorage
P
C
P
P
P
P
P
X
see upland
X
Public Moorage (other than mooring buoys)
C
C
C
C
C
C
C
C
see upland
X
Commercial Moorage (other than mooring buoys)
C
C
C
C
C
C
C
X
see upland
X
Industrial Moorage (other than mooring buoys)
C
X
X
X
C
C
X
X
see upland
Existing: P* New: X
Covered Moorage Accessory to Permitted Moorage
P
P
X
P
X
X
X
X
see upland
C
Float Plane Moorage Accessory to Permitted Moorage
C
C
C
C
C
C
C
X
see upland
C
Mooring Buoys
P
P
P
P
P
P
P
X
see upland
P
Recreational
Water-Oriented Recreation
P
P
P
P
P
P
P
P
P/C
P
Non-Water-Oriented Recreation
P
P
C
P
C
C
C
C
X
X
Residential
Single-Family
P
P
P
P
P
P
P
X/C*
X
P
Duplex
P
P
P
P
P
P
P
X
X
X
Multifamily
P
P
C
P
P
X
C
X
X
X
Overwater Residences
X
X
X
X
X
X
X
X
X
X
Restoration and Enhancement
P
P
P
P
P
P
P
P
P
P
Shoreline Stabilization*
Groins
X
X
X
X
X
X
X
X
X
X
Breakwaters and Jetties
C
C
C*
C
C
C
C*
X
C*
C
Bulkheads
P
P
C
P
P
P
C
X
X*
C*
Drift Sills
P
P
C
P
P
P
C
X
See upland
C
Gabions
X/C*
X/C*
X/C*
X/C*
X/C*
X/C*
X/C*
X
X
X/C*
Revetments
X/C*
X/C*
X/C*
X/C*
X/C*
X/C*
X/C*
X
X*
X/C*
Bioengineering Approaches and Other Soft-Shore Measures
P
P
P
P
P
P
P
P*
P*
P
Signs
P
P
P
P
P
P
P
X*
P*
P
Transportation
Transportation Facilities Serving a Specific Approved Use*
P
P
P
P
P
P
P
X*
P/C*
P
Transportation Facilities Not Serving a Specific Approved Use*
C
C
X
C
C
C
X
X
C
X
Utilities
Accessory Utilities
P
P
P
P
P
P
P
P
P
P
Local Utilities
P
P
P/C*
P
P
P
P/C*
X
P/C/X*
P
Regional Utilities
C
C
C
C
C
C
C
X
C/X*
C
Desalinization Facilities
C
C
C
C
C
C
C
X
C
C
Dams, Diversion, and Tailrace Structures for Hydroelectric Power Generation
C
X
C
C
C
C
C
X
see upland
X
Notes:
P = Permitted, subject to policies and regulations of this program.
C = Shoreline conditional use, subject to policies and regulations of this program.
X = Prohibited.
N/A = Not applicable.
* = Refer to the regulations under this use and modification category for certain caveats.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Table 2, Bulk Regulations for Shoreline Development, establishes the minimum required dimensional requirements for development, uses, and activities. Dimensional standards relating to critical areas are governed by the provisions of Chapter 16.16 WCC. Dimensional standards specified in this program shall not exceed the geographic limit of the Act's jurisdiction. Additional standards may be established in this chapter.
B. 
Where the bulk provisions of other county regulations (e.g., WCC Title 20, Zoning) differ, the stricter shall apply.
C. 
All measurements except height and area shall be measured outward on the horizontal plane and in the direction that results in the greatest dimension from property lines, or from other features specified.
D. 
Setbacks.
1. 
Setbacks shall be pursuant to Table 2, except as allowed by subsection (D)(2) of this section.
2. 
Side yard setbacks shall be measured from all property lines that intersect the shore side of a lot or tract; provided, that for development not requiring a wider shoreline (critical area) buffer, five feet of the total required side yard setbacks may be provided on one side and the balance on the other side.
E. 
Height. Table 2 establishes the maximum allowed building height for all primary and accessory structures within the shoreline jurisdiction. Height is measured according to the definition in WCC § 23.60.080(H); provided, that:
1. 
Pursuant to RCW 90.58.320, and except as allowed by subsections (E)(2) through (E)(4) of this section, no permit may be issued for any building or structure more than 35 feet above average grade level that will obstruct the view of a substantial number of residences on or adjoining such shorelines except where the program does not prohibit such development and only when overriding considerations of the public interest will be served. The applicant/proponent shall be responsible for providing sufficient information to determine whether this standard is met.
2. 
In the urban resort designation, commercial and multifamily residential development more than 100 feet from the ordinary high water mark may exceed the standard height limit up to a maximum height of 75 feet when approved through a shoreline conditional use permit; provided, that specific location design and other conditions may be imposed to meet the policies and regulations of this program;
3. 
In the urban resort shoreline environment designation, lodging developments over 35 feet in height may be allowed. However, due to the potential for adverse impacts upon adjacent uses and the community from such development, special consideration must be given to the following factors during review of such proposals:
a. 
Urban services, including sanitary sewers, public water supply, fire protection, storm drainage, and police protection, must be provided at adequate levels to protect the public health, safety, and welfare.
b. 
Circulation, parking areas, and outdoor storage or loading areas should be adequate in size and designed so that the public safety and local aesthetic values are not diminished. Such areas should be screened from open space areas by landscaping, fences or similar structures, or grade separation.
c. 
Recreational needs of building clientele must be provided for through on-site recreation facilities and access to shorelines. The variety and number of on-site recreation facilities should increase proportionately as density increases.
4. 
In the Cherry Point management area, cranes, gantries, mobile conveyors, light standards, and similar equipment necessary for the functions of water-dependent uses or the servicing of vessels may extend above the applicable maximum height limit provided in Table 1; provided, that such structures shall be designed to minimize view obstruction.
5. 
Residential accessory structures that are not waterward of the primary structure may be built to the maximum height for the environment designation.
6. 
Residential structures that share a common wall with the primary structure shall be considered an extension of the primary structure (i.e., an attached garage) and may be built to the maximum height for the designation.
7. 
In the rural, resource, or conservancy shoreline environments, accessory structures that are 150 feet or greater from the OHWM of the Nooksack or Sumas Rivers may be built to the maximum height for the designation.
F. 
Open Space. Open space shall be provided for certain types of development, use, or activities. The amount of open space, as a percentage of lot coverage, shall be as provided in Table 2, below.
G. 
Uses Allowed in Buffers and Setbacks. The following development activities are allowed in buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes; and provided further, that they comply with all the applicable regulations in Chapter 16.16 WCC, including mitigation:
1. 
Those portions of approved private water-dependent development or public water-oriented development that require a location waterward of the ordinary high water mark of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers.
2. 
Accessory and underground utilities.
3. 
Necessary power poles and transmission towers are not subject to height limits but shall not be higher than necessary to achieve the intended purpose.
4. 
Modifications to existing development that are necessary to comply with environmental requirements of any state or federal agency, when otherwise consistent with this program; provided, that the decision maker determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible, and the modification is in conformance with the provisions of Chapter 23.50 WCC (Nonconforming Uses, Structures, and Lots).
5. 
Roads, railways, and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development.
6. 
Stairs and walkways no greater than four feet in width and no higher than 18 inches above grade, except for railings; provided, that where ADA requirements apply, such facilities may be increased to five feet in width and the height requirement may be waived to provide for site-specific ADA compliance. Stairways shall conform to the existing topography to the extent feasible and minimize impervious surfaces.
7. 
Shared moorages when located on or adjacent to a property line shared in common by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility.
8. 
Retaining walls or similar slope stabilization structures, when associated with an approved shoreline use or development consistent with the provisions of this program and demonstrated to be necessary for the approved use or development through a geotechnical analysis.
9. 
Where permitted, fences, walls other than those allowed by subsection (G)(8) of this section, hedges and other similar structures shall be limited to four feet in height within shoreline setbacks and six feet in height outside of shoreline setbacks; provided, that the director may exempt security fencing from this requirement as required by federal or state regulations.
10. 
Signs.
a. 
On publicly owned park properties, interpretive, wayfinding, and park identification signs.
b. 
Signage required by state or federal security requirements.
11. 
Passive recreation facilities that are part of a nonmotorized trail system or environmental education program, including walkways, wildlife viewing structures, or public education trails; provided, that all the criteria in WCC § 23.40.160(A)(6) (Recreation) are met.
12. 
Accessory Structures. When located in the shoreline jurisdiction, residential recreational accessory structures – such as a boat equipment storage shed, a small uncovered boat storage rack, a fire pit, and a pathway leading to the shoreline – may be permitted in an HCA buffer; provided:
a. 
Such structures are located as far from the shoreline as feasible and on previously impacted buffer areas;
b. 
The maximum area, inclusive of existing lawfully established accessory structures, shall be limited to 10 percent of the buffer's area or 500 square feet, whichever is less;
c. 
No more than 20 percent of the linear length of shoreline is occupied by a building or structure;
d. 
Individual structures shall be limited to a total footprint area of 100 square feet and 10 feet in height; and
e. 
The shoreline is 75 percent or at ratios outlined in WCC § 16.16.760, whichever is greater, planted (or replanted) with native vegetation to a minimum depth of 15 feet landward from the ordinary high water mark.
f. 
This provision shall not apply to residential developments authorized using the constrained lot provisions of WCC § 23.40.150(B).
Table 2. Bulk Regulations for Shoreline Development
Shoreline Uses
Shoreline Environment Designation
Urban
Urban Resort
Urban Conservancy
Shoreline Residential
Rural
Resource
Conservancy
Natural
Aquatic
Cherry Point Mgmt Area
Agriculture
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
20'
N/A
20'
20'
20'
20'
20'
N/A
N/A
20'
Maximum Height(5)
35'
N/A
35'
35'
35'
35'
35'
N/A
N/A
35'
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Aquaculture
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
10'
10'
10'
10'
10'
10'
15'
N/A
N/A
20'
Maximum Height(4,5) (a/b)
25'/35'
25'/35'
20'/30'
25'/35'
20'/30'
20'/30'
15'/25'
N/A
10'
20'/30'
Open Space %
30%
40%
50%
30%
50%
50%
60%
N/A
N/A
30%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Commercial
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3,6)
5'
5'
10'
10'
10'
10'
15'
N/A
N/A
15'
Maximum Height(4,5) (a/b)
25'/35'
25'/35'
20'/30'
25'/35'
20'/30'
20'/30'
15'/25'
N/A
15'
35'
Open Space % (c/d)
30%/15%
40%/20%
60%/30%
30%/15%
50%/25%
50%/25%
60%/30%
N/A
N/A
30%/15%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Marinas and Launch Ramps
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
10'
10'
10'
10'
10'
10'
15'
N/A
N/A
20'
Maximum Height(4,5) (a/b)
25'/35'
25'/35'
25'/35'
25'/35'
20'/25'
20'/25'
15'/25'
N/A
N/A
25'/35'
Open Space % (c/d)
15%
30%
50%
15%
30%
30%
50%
N/A
N/A
15%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Mining
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
N/A
N/A
N/A
N/A
50'
50'
100'
N/A
N/A
5'
Open Space %
N/A
N/A
N/A
N/A
50%
50%
50%
N/A
N/A
50%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Industrial and Port Development
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
30'
10'
30'
30'
40'
40'
60'
N/A
N/A
40'
Maximum Height(5) (a/b)
35'/35'
15'/25'
20'/30'
35'/35'
25'/35'
25'/35'
25'/35'
N/A
20'
25'/35'
Open Space %
30%
40%
60%
30%
50%
50%
60%
N/A
N/A
30%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Land Division
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
Based on shoreline use
Maximum Height(5) (a/b)
Based on shoreline use
Open Space %
30%
40%
50%
30%
50%
50%
60%
N/A
N/A
30%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Recreation
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
10'
10'
15'
10'
15'
15'
20'
20'
N/A
20'
Maximum Height(4,5) (a/b)
25'/35'
25'/35'
20'/35'
25'/35'
20'/35'
20'/35'
15'/25'
10'/15'
15'
20'/35'
Open Space % (c/d)
30%/25%
40%/40%
50%/60%
30%/25%
50%/60%
50%/60%
60%/75%
95%
N/A
30%/25%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Residential – Single-Family and Duplex
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Maximum Density(8)
6:1 ac
22:1 ac
6:1 ac
6:1 ac
1:1 ac
1:20 ac
1:1 ac
N/A
N/A
1:1 ac
Side Setback(2,3)
5'
5'
10'
5'
10'
10'
15'
15'
N/A
20'
Maximum Height(4,5) (a/b)
30'/30'
30'/30'
30'/35'
30'/30'
30'/35'
30'/35'
30'/35'
30'/35'
N/A
30'/35'
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Residential – Multifamily (3 – 6 units)
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Maximum Density(8)
6:1 ac
22:1 ac
6:1 ac
6:1 ac
1:1 ac
1:20 ac
1:1 ac
N/A
N/A
N/A
Side Setback(2,3,6) (e/f)
5'
5'
15'
5'
15'
15'
20'
N/A
N/A
N/A
Maximum Height(4,5) (a/b)
30'/40'
30'/40'
30'/35'
30'/40'
30'/35'
30'/35'
30'/35'
N/A
N/A
N/A
Open Space %
30%
40%
60%
30%
50%
50%
60%
N/A
N/A
N/A
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
N/A
N/A
Residential – Multifamily (7+ units)
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Maximum Density(8)
6:1 ac
22:1 ac
6:1 ac
6:1 ac
1:1 ac
1:20 ac
1:1 ac
N/A
N/A
N/A
Side Setback(2,3,6) (e/f)
5'
5'
15'
5'
15'
15'
20'
N/A
N/A
N/A
Maximum Height(4,5) (a/b)
30'/40'
30'/40'
30'/35'
30'/40'
30'/35'
30'/35'
30'/35'
N/A
N/A
N/A
Open Space
30%
40%
50%
30%
50%
50%
60%
N/A
N/A
N/A
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
N/A
Residential – Decks and Accessory Structures
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
5'
5'
10'
5'
10'
10'
15'
15'
N/A
Height Limit(4)
15'
15'
15'
15'
15'
15'
15'
15'
N/A
Transportation Facilities
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Signs
Shoreline Buffer(1,7)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(1,2,3)
5'
5'
10'
5'
10'
10'
15'
N/A
N/A
10'
Maximum Height(4,5) (a/b)
10'/15'
10'/15'
6'/10'
10'/15'
6'/10'
6'/10'
6'/10'
N/A
10'
6'/10'
Utilities
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(1,2,3)
5'
5'
10'
5'
10'
10'
15'
N/A
N/A
10'
Maximum Height(4,5) (a/b)
20'/35'
20'/35'
20'/20'
20'/35'
20'/20'
20'/20'
20'/20'
N/A
N/A
20'/20'
Open Space %
30%
40%
60%
30%
50%
50%
60%
N/A
N/A
50%
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
All Other Development
Shoreline Buffer(1)
Per shoreline buffer standards in WCC § 23.30.040
Side Setback(2,3)
10'
10'
10'
10'
15'
15'
20'
N/A
N/A
Maximum Height(4,5) (a/b)
25'/35'
25'/35'
25'/35'
20'/30'
20'/30'
20'/30'
20'/30'
N/A
N/A
Open Space %
30%
40%
60%
30%
50%
50%
60%
N/A
N/A
Impervious Surface Coverage
Per the underlying zone, WCC Title 20.
10%(9)
10%(9)
Per the underlying zone, WCC Title 20.
Footnotes:
(1) = Water-dependent development shall have a buffer of zero feet. Unless specifically exempted from setback requirements in this section, minimum required setbacks for permanent freestanding signs are 50 feet from the OWHM where not subject to critical areas or buffers. Other non-water-dependent uses that may be allowed within the shoreline (critical area) buffer are identified in subsection G of this section.
(2) = Roof overhangs or other architectural features shall not project further than 18 inches into the side setbacks.
(3) = A side setback of five feet applies to residential decks and accessory structures.
(4) = Maximum height for accessory structures is 15 feet, except as provided in subsection E of this section.
(5) = Maximum height is as shown, except as provided in subsection E of this section.
(6) = Add five feet of setback for each five feet of height over 15 feet.
(7) = See WCC § 23.40.200 (Signs) for additional allowances and restrictions.
(8) = Maximum allowable development density shall be calculated pursuant to the applicable underlying zone district, per WCC Title 20; provided, that maximum allowable density in dwelling units/acre shall not exceed the density ratios identified above. Density shall be calculated based on the total area of the parent parcel, including those areas located outside of shoreline jurisdiction. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in density calculations.
(9) = Where the maximum total impervious surface percentage does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed.
(a/b) = "a" applies to structures within 100 feet of OHWM or wetland edge; "b" applies to structures more than 100 feet from OHWM or wetland edge.
(c/d) = "c" applies to development that includes overnight lodging; "d" applies to development that does not include overnight lodging.
(e/f) = "e" applies to structures not more than 35 feet high; "f" applies to structures more than 35 feet high.
N/A = Not applicable.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Proposed uses and developments shall limit the number and extent of shoreline modifications.
B. 
Shoreline uses and developments that are water-dependent shall be given priority. Permit conditions may limit the range of uses or sites developed for such uses.
C. 
Interim non-water-dependent uses authorized as a shoreline conditional use may be allowed to respond to short-term market conditions; provided, that permit conditions are placed on such uses to provide for a specific timetable or review process to ensure water-dependent use of the development in the long term.
D. 
Shoreline uses and developments shall be located, designed, and managed so that other appropriate uses are neither subjected to substantial or unnecessary adverse impacts, nor deprived of reasonable, lawful use of navigable waters, other publicly owned shorelines, or private property.
E. 
Navigable waters shall be kept free of obstructions for the general benefit of the region, state, and nation. No use or development shall be allowed to effectively exclude other appropriate uses from navigable waters.
F. 
Shoreline uses and developments shall be located in a manner so that shoreline stabilization is not likely to become necessary in the future.
G. 
Accessory uses and structures that do not require a shoreline location shall be sited away from the land/water interface and not placed waterward of the principal use unless otherwise allowed by this program.
H. 
Nothing in the regulations may be construed as to impinge on tribal treaty rights exercised within usual and accustomed areas.
I. 
No shoreline use or development may commence without the proponent having obtained all applicable federal, state, and local permits and approvals, including but not limited to a hydraulic permit application (HPA) from the State Department of Fish and Wildlife.
J. 
Use of motor vehicles including unlicensed off-road vehicles is permitted only on roads or trails specifically designated for such use. Motor vehicle use, except for vessels and float planes, is prohibited waterward of the ordinary high water mark, on tidelands, public or private beaches, wetlands and/or their associated buffers; except as necessary for public health and safety or permitted maintenance activities associated with approved developments or as otherwise permitted.
K. 
Buildings, fencing, walls, hedges, and similar features shall be designed, located, and constructed in a manner that does not preclude or significantly interfere with wildlife movement to or from important habitat areas consistent with the applicable provisions of this program; provided, that the director may exempt security fencing associated with residential, industrial, and/or commercial developments from this requirement on a case-by-case basis.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Agricultural activities within shorelines are governed by the critical areas regulations in Chapter 16.16 WCC, including the conservation program on agricultural lands (CPAL) provided for therein.
2. 
Accessory uses and buildings shall observe critical area buffer requirements (see Chapter 16.16 WCC); except that utility development associated with an approved agriculture activity or development may encroach on critical area buffers where it can be demonstrated that the proposed utility development is essential to the agriculture activity or development and that such development complies with the general provisions of Chapter 16.16 WCC; such utilities shall be placed underground where feasible.
3. 
Intentional discharge of any manure storage facility into ground or surface water is prohibited.
4. 
Feedlots are prohibited in critical areas and their buffers (see Chapter 16.16 WCC).
5. 
Conversion of agricultural uses to other uses shall comply with the provisions of Chapter 16.16 WCC and this program for the proposed use.
B. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the natural shoreline environment, only low-intensity agricultural activities are permitted; provided, that the use does not expand or alter agricultural practices in a manner inconsistent with the purpose of this designation.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Aquaculture that involves little or no substrate modification shall be given preference over those that involve substantial modification. The applicant/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site.
2. 
The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative method of operation is feasible.
3. 
Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting, or other similar mechanisms shall not be permitted in areas where the proposal would adversely impact critical saltwater habitat, or other fish and wildlife habitat conservation areas.
4. 
Aquaculture activities that would have a significant adverse impact on natural, dynamic shoreline processes or that would result in a net loss of shoreline ecological functions shall be prohibited.
5. 
Unless otherwise provided in the shoreline permit issued by the county, repeated introduction of an approved organism in the same location shall require approval by the county only at the time the initial aquaculture use permit is issued. "Introduction," for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of Whatcom County regardless of whether it is a native or resident organism within the county and regardless of whether it is being transferred from within or without the waters of Whatcom County.
6. 
The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant/proponent and the affected tribe(s) through the permit review process.
B. 
Site Design and Operation.
1. 
Aquaculture shall be designed to minimize use of artificial substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals.
2. 
Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and/or equipment shall be removed or repaired promptly by the owner, including when a business ceases operations. Where any structure might constitute a potential hazard to the public in the future, the county shall require the posting of a bond commensurate with the cost of removal or repair. The county may abate an abandoned or unsafe structure, following notice to the owner, if the owner fails to respond in 30 days and may impose a lien on the related shoreline property or other assets in an amount equal to the cost of the abatement. Bonding requirements shall not duplicate requirements of other agencies.
3. 
All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements.
4. 
Predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and three-foot-high fencing or netting for otters. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required.
5. 
Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (Chapter 90.48 RCW). No garbage, waste, or debris shall be allowed to accumulate at the site of any aquaculture operation.
6. 
No processing of any aquaculture product, except for the sorting or culling of the cultured organisms and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be subject to the regulations of WCC § 23.40.120 (Industrial and port development), in addition to the regulations in this section.
7. 
For aquaculture projects using overwater structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than three feet in height, as measured from the surface of the raft or dock; provided, that in locations where the visual impact of the proposed aquaculture structures will be minimal, the county may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant/proponent. Materials that are not necessary for the immediate and regular operation of the facility shall not be stored waterward of the ordinary high water mark.
8. 
The county shall reserve the right to require aquaculture operations to carry liability insurance in an amount commensurate with the risk of injury or damage to any person or property as a result of the project. Insurance requirements shall not duplicate requirements of other agencies.
9. 
Where aquaculture activities are authorized to use county facilities, such as boat launches or docks, the county shall reserve the right to require the applicant/proponent to pay a portion of the cost of maintenance and any required improvements commensurate with the use of such facilities.
C. 
Additional Standards for Net Pens.
1. 
Fish net pens and rafts shall meet the following criteria in addition to the other applicable regulations of this section:
a. 
Fish net pens shall meet, at a minimum, state-approved administrative guidelines for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail.
b. 
Fish net pens shall not occupy more than two surface acres of water area, excluding booming and anchoring requirements. Anchors that minimize disturbance to substrate, such as helical anchors, shall be employed. Such operations shall not use chemicals or antibiotics.
c. 
Aquaculture proposals that include net pens or rafts shall not be located closer than one nautical mile to any other aquaculture facility that includes net pens or rafts; provided, that a lesser distance may be authorized if the applicant/proponent can demonstrate that the proposal will be consistent with the environmental and aesthetic policies of the Whatcom County Comprehensive Plan Chapter 11 (Shorelines). If a lesser distance is requested, the burden of proof shall be on the applicant/proponent to demonstrate that the cumulative impacts of existing and proposed operations would not be contrary to the policies of the Comprehensive Plan and regulations of this program.
d. 
Net cleaning activities shall be conducted on a frequent enough basis so as not to violate state water quality standards. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing, or hand washing.
e. 
In the event of a significant fish kill at the site of a net pen facility, the fin fish aquaculture operator shall submit a timely report to the Whatcom County health department, environmental health division, and the Whatcom County planning and development services department stating the cause of death and shall detail remedial action(s) to be implemented to prevent reoccurrence.
2. 
Limited nonprofit penned cultivation of wild salmon stocks during a limited portion of their lifecycle to enhance restoration of native stocks when such activities involve minimal supplemental feeding and no use of chemicals or antibiotics shall not be considered commercial salmon net pen facilities and may be permitted.
D. 
Additional Standards for Commercial Geoduck Aquaculture.
1. 
Commercial geoduck aquaculture shall only be allowed where sediments, topography, land, and water access support geoduck aquaculture operations without significant clearing or grading.
2. 
Shoreline conditional use permits are required for new commercial geoduck aquaculture and existing aquaculture being converted to commercial geoduck aquaculture. However, shoreline conditional use permits must take into account that commercial geoduck operators have a right to harvest geoduck once planted and all subsequent cycles of planting and harvest shall not require a new shoreline conditional use permit.
3. 
A substantial development permit is not required for the planting, growing, and harvesting of farm-raised geoduck clams unless a specific project or practice causes substantial interference with normal public use of the surface waters.
4. 
A single shoreline conditional use permit application may be submitted for multiple sites within an inlet, bay, or other defined feature, provided the sites are all under control of the same applicant and under the county's shoreline permitting jurisdiction.
E. 
Additional Standards for Experimental Aquaculture.
1. 
If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a county-approved consultant (unless otherwise provided for) may be required, at the applicant's/proponent's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant adverse environmental impacts that cannot be adequately mitigated.
2. 
Aquaculture developments, not including net pens, approved on an experimental basis shall not exceed five acres in area (except land-based projects and anchorage for floating systems) and three years in duration; provided, that the county may issue a new permit to continue an experimental project as many times as is deemed appropriate.
3. 
Aquatic species that are not previously cultivated in Washington State shall not be introduced into Whatcom County salt- or freshwaters without prior written approval of the Director of the Washington State Department of Fish and Wildlife and the Director of the Washington Department of Health. In saltwaters, the county shall not issue permits for projects that include the introduction of such organisms until it has also received written comment from the Marine Resources Committee, the Lummi Nation, and the Nooksack Tribe; provided, that such comment is received in a timely manner. This regulation does not apply to Pacific, Olympia, Kumamoto, Belon, or Virginica oysters; Manila, butter, or littleneck clams; or geoduck clams.
F. 
Supplemental Application Requirements – General Aquaculture.
1. 
In addition to the minimum application requirements specified in WCC Title 22 (Land Use and Development), applications for aquaculture use or development shall include all information necessary to conduct a thorough evaluation of the proposed aquaculture activity, including but not limited to the following:
a. 
A site plan map including:
i. 
The perimeter of the proposed aquaculture operations area.
ii. 
Existing bathymetry depths based on mean lower low water (MLLW datum).
iii. 
Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum).
iv. 
Areas where specific substrate modification will take place or structures will be constructed or installed.
v. 
Access provisions for barges or track equipment.
vi. 
Location of storage or processing structures or facilities.
b. 
A baseline description of existing conditions, including best available information on:
i. 
Water quality.
ii. 
Tidal variations.
iii. 
Prevailing storm wind conditions.
iv. 
Current flows.
v. 
Flushing rates.
vi. 
Littoral drift.
vii. 
Areas of differing substrate composition.
viii. 
Areas of aquatic, intertidal, and upland vegetation complexes. A vegetation habitat survey must be conducted. WDFW must be contacted prior to the survey to ensure it is conducted according to their most current eelgrass/macroalgae survey guidelines.
ix. 
Existing shoreline or water uses and structures.
x. 
Aquatic and benthic organisms. Information must include an assessment of aquatic species, including forage fish, and spawning and other lifecycle use of, or adjacent to, the site.
Further baseline studies including surveys and sampling may be required depending upon the adequacy of available information, existing conditions, and the nature of the proposal.
c. 
A detailed description of the project proposal including:
i. 
Species to be reared.
ii. 
Substrate modification or vegetation removal.
iii. 
Planting, harvest and processing location, method and timing, including work proposal and construction techniques proposed (list all hand tools, machinery used (such as track hoes, trucks or barges), type of work, frequency, and duration).
d. 
Anticipated use of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. Approvals for the use of such materials shall be obtained from all appropriate state and federal agencies, including but not limited to the U.S. Food and Drug Administration and the Washington State Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and submitted to the county. An annual report of antibiotic use shall be submitted to the Whatcom County department of health, environmental health division. The report shall indicate the type and amount of antibiotics used during the previous calendar year. Actual usage data for all chemicals and antibiotics shall be maintained for review by county inspectors at all times.
e. 
Number of employees/workers necessary for the project, including average and peak employment.
f. 
Methods of waste disposal and predator control.
g. 
Methods to address pollutant loading, including biological oxygen demand (BOD).
h. 
Assessment of potential impacts on shoreline ecological functions and processes addressing the baseline conditions identified, including but not limited to indirect and cumulative effects.
i. 
A visual impact analysis for floating culture facilities or other structures, if required by the county. See the Department of Ecology's "Aquaculture Siting Study" 1986 for general approach. Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance; provided, that it includes an adequate assessment of impacts.
j. 
Information demonstrating that the site has natural potential for the type(s) of aquaculture proposed, due to necessary substrate or other conditions, as well as water quality suitable for the type(s) of aquaculture proposed.
k. 
Information demonstrating that the proposed aquaculture activities will not result in a net loss of shoreline ecological functions or processes or adversely affect habitat conservation areas (see Chapter 16.16 WCC (Critical Areas)).
l. 
Information demonstrating that the proposed aquaculture activities will not substantially and materially conflict with areas devoted to established uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, sport or commercial fishing, log rafting, underwater utilities, and scientific research. Existing public opportunities for gathering wild stock aquatic resources on public lands shall be addressed in any application for aquaculture on public tidelands or bedlands. Compensation for loss of public access to public aquatic resources may be required.
m. 
Other pertinent information deemed necessary by the director.
2. 
Applications for aquaculture activities must demonstrate that the proposed activity will be compatible with surrounding existing and planned uses.
a. 
Aquaculture activities shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise.
b. 
Aquaculture activities shall minimize adverse impacts from noise, light, and/or glare on nearby residents, other sensitive uses, or critical habitat.
c. 
Aquaculture facilities shall not significantly impact the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings through the use of appropriate colors and materials.
G. 
Supplemental Application Requirements – Commercial Geoduck Aquaculture.
1. 
In addition to the general application requirements of WCC Title 22 (Land Use and Development), subsection F of this section, and Chapter 173-27 WAC, applications for new geoduck aquaculture use or development shall include all information necessary to conduct a thorough evaluation of the proposed activity, including but not limited to the following:
a. 
A narrative description and timeline for all anticipated geoduck planting and harvesting activities if not already contained in the federal or state permit application or comparable information mentioned above;
b. 
A baseline ecological survey of the proposed site to allow consideration of the ecological effects if not already contained in the federal or state permit application or comparable information mentioned above; and
c. 
Management practices that address impacts from mooring, parking, noise, lights, litter, and other activities associated with geoduck planting and harvesting operations.
H. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the urban resort, shoreline residential, and rural shoreline environments, proposals containing net pen facilities shall be located no closer than 1,500 feet from the OHWM of the environment unless a specific lesser distance is determined to be appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within 1,500 feet of the OHWM but in such cases a visual analysis shall be mandatory.
2. 
In the natural shoreline environment, aquaculture activities that do not require structures, facilities, or mechanized harvest practices and that will not result in the alteration of natural systems or features are permitted.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Marinas and Launch Ramps – General.
1. 
This section applies to marinas and public boat launches, though the moorage structures of such facilities shall also comply with WCC § 23.40.150 (Moorage structures). For moorage structures serving four or fewer users, only WCC § 23.40.150 (Moorage structures) applies.
2. 
Accessory uses shall be limited to those that are water-dependent, related to boating, and necessary for facility operation, or which provide physical or visual shoreline access to substantial numbers of the general public. Accessory uses shall be consistent in scale and intensity with the marina and/or launch ramp and surrounding uses.
3. 
All developments shall provide boater education addressing boater impacts on water quality and other shoreline resources, boater safety, and requirements for boater use of sewage pump-outs.
B. 
Marinas – Location Standards.
1. 
When marina sites are considered, sufficient evidence must be presented to show there is a regional demand and existing marinas are inadequate and cannot be expanded to meet regional demand.
2. 
Marinas shall be sited to prevent any restrictions in the use of commercial and recreational shellfish beds or commercial aquaculture operations. The specific distance shall be determined in conjunction with the Washington State Department of Health, the Washington State Department of Ecology, and other agencies with expertise. Criteria for determining the specific distance may include:
a. 
The size and depth of the water body;
b. 
Tidal flushing action in the project area;
c. 
Size of the marina and projected intensity of use;
d. 
Whether fuel will be handled or stored;
e. 
Location of a sewer hookup; and
f. 
Expected or planned changes in adjacent land uses that could result in additional water quality impacts or sanitary treatment requirements.
3. 
Marinas shall be allowed only on stable shoreline areas where water depth is adequate to eliminate or minimize the need for channel dredging (for construction or maintenance), soil disposal, filling, beach enhancement, and other harbor and channel maintenance activities.
4. 
Marinas shall be located only in areas where there is adequate water mixing and flushing and shall be designed so as not to reduce or negatively influence flushing characteristics.
5. 
Fixed breakwaters are discouraged.
6. 
Marinas shall be clearly separated from beaches commonly used for swimming and shall provide signage and protection measures to ensure the safety of swimmers.
7. 
Marinas shall not be located at or along:
a. 
Significant littoral drift cells, including resource material areas, such as feeder bluffs and accretion beaches, barrier beaches, points, sand spits and hooks; or
b. 
Wetlands, marshes, bogs, swamps and lagoons; or
c. 
Mudflats and salt marshes; or
d. 
Fish and shellfish spawning and rearing areas.
8. 
Solid structures shall not be permitted to extend without openings from the shore to zero tide level (mean lower low water, or MLLW), but shall stop short to allow sufficient shallow fringe water for fish passage.
C. 
Marinas – Site Design.
1. 
Proposals for marinas shall include public launch facilities unless the applicant can demonstrate that providing such facilities is not feasible.
2. 
Marinas shall be designed, constructed, and maintained to:
a. 
Provide thorough flushing of all enclosed water areas and shall not restrict the movement of aquatic life requiring shallow water;
b. 
Minimize interference with geohydraulic processes and disruption of existing shore forms;
c. 
Be aesthetically compatible with existing shoreline features and uses;
d. 
Avoid adverse proximity impacts such as noise, light, and glare;
e. 
Include vegetative screening for parking and upland storage areas and facilities consistent with landscaping standards prescribed in WCC § 20.80.300 et seq. (Landscaping); and
f. 
Include public restrooms, accessory parking, or other recreational uses according to the scale of the facility.
3. 
Short-term loading/unloading areas and hand-launch storage areas may be located at ramps or near berthing areas and should be constructed of pervious material.
4. 
Public access, both visual and physical, such as viewpoints or walkways, shall be an integral part of all marina design and development commensurate with the particular proposal and must meet the standards of WCC § 23.30.060 (Public access).
5. 
Innovative construction techniques and construction methods of foreshore marinas may be allowed when demonstrated to the satisfaction of the director that the design will prevent degradation of fish migration, critical saltwater habitat, and/or shellfish resources.
D. 
Operations and Management.
1. 
The discharge of sewage and/or toxic material from boats and/or shore installations is prohibited. The responsibility for the adequate and approved collection and disposal of marina-originated sewage, solid waste, and petroleum waste is that of the marina operator. An emergency spill kit and use instructions shall be provided for tenants in an easy-to-access area and be accessible 24 hours a day.
2. 
Commercial fish or shellfish processing and the discharge or discarding of unused bait, scrap fish, or viscera shall be prohibited.
3. 
Swimming shall be prohibited within marina facilities unless the swimming area is adequately separated, protected, and posted.
4. 
If dredging at marina entrances changes the littoral drift processes and adversely affects adjacent shores, the marina operator shall be required to periodically replenish these shores with the appropriate quantity and quality of aggregate as determined by a geohydraulic study, paid for by the operator or owner and completed to the satisfaction of the director.
5. 
Temporary vacant moorage spaces shall be made available for "transient moorage" (less than two-week stay) when at least one of the following applies:
a. 
The marina is owned, operated, or franchised by a governmental agency for use by the public;
b. 
The marina provides more than 3,000 lineal feet of moorage; or
c. 
The marina is part of a mixed use development which includes restaurants or other water-enjoyment uses.
6. 
Marina operators shall execute a lease, contract, or deed that establishes permission to use a slip for a stated period of time and that establishes conditions for use of the slip, including the requirement that all boats meet applicable sanitation regulations.
7. 
Marinas shall meet the following before occupancy:
a. 
Marinas that dispense fuel shall have adequate facilities and post procedures for fuel handling and storage to prevent/minimize accidental spillage.
b. 
Marinas shall have facilities, equipment such as emergency spill kits, and post procedures for containment, recovery, and mitigation of spilled petroleum, sewage, and toxic products.
c. 
Marina operators shall post signs where they are readily visible to all marina users describing regulations:
i. 
Pertaining to handling and disposal of waste, wastewater, toxic materials, and recycling;
ii. 
Prohibiting the discharge of marine toilets (i.e., no untreated sewage discharge);
iii. 
Prohibiting the disposal of fish and shellfish cleaning wastes; and
iv. 
Describing best management practices (BMPs) for boat maintenance and repairs on site.
d. 
Garbage or litter receptacles shall be provided and maintained by the marina operator at several locations convenient to users in sufficient numbers to properly store all solid waste generated on site.
e. 
Marina docks shall be equipped with adequate lifesaving equipment, such as:
i. 
Life rings, hooks, ropes and ladders, or equivalent, on the end of fingers; and/or
ii. 
One ladder (per side) either every 100 linear feet of the dock, or every six slips, whichever is greater. This regulation does not apply to a float which is less than 100 feet from a shoreline; or
iii. 
At least one ladder to serve a float with six or more slips and is 100 linear feet in length or less.
E. 
Additional Standards for Boat Launches.
1. 
Boat launches are prohibited in:
a. 
Significant littoral drift cells, including resource material areas such as feeder bluffs and accretion beaches, points, spits and hooks;
b. 
Wetlands, marshes, bogs, swamps, and lagoons;
c. 
Mudflats and salt marshes; and
d. 
Fish spawning and rearing areas and commercial or recreational shellfish areas.
2. 
Launch ramps shall be:
a. 
Located on stable shorelines where water depths are adequate to eliminate or minimize the need for:
i. 
Offshore or foreshore channel construction dredging; or
ii. 
Maintenance dredging; or
iii. 
Spoil disposal; or
iv. 
Filling; or
v. 
Beach enhancement; or
vi. 
Other harbor and channel maintenance activities.
b. 
Located in areas where there is adequate water mixing and flushing.
c. 
Designed so as not to negatively influence flushing characteristics.
3. 
Innovative or hinged boat launches may be permitted on marine accretion shoreforms; provided, that continual grading is not required. When grading is permitted it must not adversely affect ecological functions and ecosystem-wide processes. Accessory facilities shall be located out of critical areas.
4. 
Boat launches may be allowed on stable banks where current deflectors or other stabilization structures will not be necessary.
5. 
Boat launches shall not be permitted where the upland within 25 feet of the OHWM has a slope that exceeds 25 percent grade and/or where substantial cutting, grading, filling, or defense works are necessary.
6. 
Boat launches, minor accessory buildings, and haul-out facilities shall be designed to be in character and scale with the surrounding shoreline.
7. 
Boat launches shall be built from flexible, hinge-segmented pads that can adapt to changes in beach profiles, unless a solid structure is demonstrated to be more appropriate for the intended level of use.
8. 
Boat launches shall be placed and kept near flush with the foreshore slope to minimize the interruption of geohydraulic processes and impacts to critical saltwater habitats.
9. 
Marine rails for boat launching shall be located the minimum distance necessary above existing grade to minimize impact on littoral drift and navigation along the shoreline.
10. 
Boat launch facilities shall be clearly separated from beaches commonly used for swimming and shall provide signage and protection measures to ensure the safety of swimmers.
F. 
Additional Standards for Live-Aboard Vessels.
1. 
Live-aboard vessels are only allowed in marinas and only as follows:
a. 
Vessels must be for residential use only;
b. 
Slips occupied by live-aboard vessels shall not exceed 10 percent of the total slips in the marina;
c. 
Vessels shall be owner-occupied; and
d. 
Vessels must be operational for cruising.
2. 
Live-aboard vessels must comply with all marine regulations, policies, and procedures of the U.S. Coast Guard, and any other federal and state government agencies that pertain to health, safety and/or environmental protection. Proof of seaworthiness of the vessel and the adequacy of the mooring arrangement must be provided and laws governing all the citizens of Whatcom County must be obeyed.
G. 
Additional Standards for Boat Storage.
1. 
Marinas shall provide dry upland boat storage with a launch mechanism to protect shoreline ecological functions and processes, efficiently use shoreline space, and minimize consumption of public water surface area unless:
a. 
No suitable upland locations exist for such facilities; or
b. 
It can be demonstrated that wet moorage would result in fewer impacts to ecological functions and processes; or
c. 
It can be demonstrated that wet moorage would enhance public use of the shoreline.
2. 
Dry moorage and other storage areas shall be located away from the shoreline and be landscaped pursuant to WCC § 20.80.300 et seq. (Landscaping) with native vegetation to provide a visual and noise buffer for adjoining dissimilar uses or scenic areas.
H. 
Additional Standards for Parking and Vehicle Access.
1. 
Parking facilities shall meet county zoning design and location standards; provided, that at a minimum, one vehicle space shall be maintained for every four moorage spaces and for every 400 square feet of interior floor space devoted to accessory retail sales or service use. Bicycle parking shall be provided commensurate with the anticipated demand.
2. 
Launch ramps shall provide trailer spaces, at least 10 feet by 40 feet, commensurate with projected demand.
3. 
Parking shall:
a. 
Be sited away from the land/water interface unless no feasible alternative location exists outside of the shoreline;
b. 
Be planted or landscaped pursuant to WCC § 20.80.300 et seq. (Landscaping) with native vegetation to provide a visual and noise buffer for adjoining dissimilar uses or scenic areas; and
c. 
Be designed to incorporate low impact development practices, such as pervious surfaces, and bioswales, pursuant to WCC § 20.80.630 et seq. (Stormwater and drainage).
I. 
Supplemental Application Requirements. In addition to the general application requirements of WCC Title 22 (Land Use and Development), applications for marinas or launch ramps shall include all information necessary to conduct a thorough evaluation of the proposed activity, including but not limited to the following:
1. 
Provide a level of service needs analysis that documents the market demand for such facilities, including:
a. 
The total amount of moorage proposed;
b. 
The proposed supply, as compared to the existing supply within the service range of the proposed facility, including vacancies or waiting lists at existing facilities;
c. 
The expected service population and boat ownership characteristics of the population;
d. 
Existing approved facilities or pending applications within the service area of the proposed new facility.
2. 
Document that a preferred method of providing moorage facilities is not feasible. Review of proposals involving public aquatic lands may be required to include an analysis of other alternative sites not controlled by the applicant/proponent.
3. 
Provide a critical area assessment report pursuant to Chapter 16.16 WCC (Critical Areas), including:
a. 
A slope bathymetry map.
b. 
Evaluation of effects on littoral drift.
4. 
Provide an assessment of existing water-dependent uses in the vicinity including, but not limited to, navigation, fishing, shellfish harvest, pleasure boating, swimming, beach walking, picnicking, and shoreline viewing, and shall document potential impacts and mitigating measures. Impacts on these resources shall be considered in review of proposals and specific conditions to avoid or minimize impacts may be imposed.
5. 
Provide a visual assessment of views from surrounding residential properties, public viewpoints, and the view of the shore from the water surface, if required.
J. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the natural shoreline environment, marinas or launch ramps are prohibited; except that primitive ramps to facilitate hand launching of small craft are permitted if materials and design are compatible with the site.
2. 
In the aquatic shoreline environment, covered overwater structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General. Prior to approval of an application, the director shall review a proposal for design, layout, and operation of the use and determine whether the proposed use is water-dependent, water-related, water-enjoyment, or a non-water-oriented commercial use.
1. 
Water-dependent commercial uses shall be given first preference over non-water-dependent commercial uses.
2. 
Water-related commercial uses shall not be approved if they displace existing water-dependent uses.
3. 
Water-enjoyment commercial uses shall not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water-dependent or water-related use identified in a substantial development permit or other approval.
4. 
All non-water-oriented commercial uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objectives of the Act and the proposed use:
a. 
Is part of a mixed use project that includes a water-oriented use; or
b. 
Is on a site where navigability is severely limited; or
c. 
Does not occupy space designated for water-dependent or water-related use identified in a project permit approval; or
d. 
In areas designated for commercial use and the site is physically separated from the shoreline by another property or public right-of-way.
5. 
Water-oriented commercial uses shall provide public access in accordance with the provisions of WCC § 23.30.060 (Public access).
6. 
Non-water-oriented commercial uses shall provide public access and/or restoration as follows:
a. 
Public access shall be in the form of unrestricted open space.
b. 
If no water-oriented commercial uses are located on or adjacent to the water as part of a mixed use development, 80 percent of the shoreline and associated buffers shall be preserved or restored to provide shoreline ecological functions that approximate the functions provided by the site in natural conditions.
c. 
The requirements of this section may be modified when:
i. 
The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or
ii. 
Specific findings are made demonstrating that the size of the parcel and the presence of adjacent uses preclude restoration of shoreline ecological functions. Where on-site restoration is infeasible, equivalent off-site restoration shall be provided.
d. 
Where restoration is proposed, buffers shall be designed as appropriate to protect shoreline resources based on a site-specific assessment.
7. 
If water-oriented commercial uses are located on or adjacent to the water, the remaining undeveloped water frontage that is not devoted to water-dependent use shall be preserved in a substantially undeveloped condition until such time that an appropriate water-dependent use has been identified for the area. If the site has been previously altered by past development, the balance of the site may be reserved for future water-related use.
B. 
Site Design and Operation.
1. 
Commercial recreation-oriented uses, including commercial resorts and campgrounds, shall provide adequate access to water areas for their patrons or shall provide adequate on-site outdoor recreation facilities so that such resorts or campgrounds will neither be dependent on nor place undue burdens upon public access and recreational facilities.
2. 
Commercial development shall install or establish access roads of sufficient capacity and with appropriate improvements to provide vehicular and pedestrian access to the site. Utilities shall be adequate to serve the demands of the proposed uses.
3. 
Overwater Structures.
a. 
Only those portions of water-dependent commercial uses that require overwater facilities such as boat fuel stations shall be permitted to locate waterward of the OHWM, provided they are located on floats, piling, or other open-work structures.
b. 
Non-water-dependent commercial uses shall not be allowed over water except in limited instances where they are appurtenant to existing structures and necessary in support of water-dependent uses.
4. 
Marine rails shall be located the minimum distance necessary above existing grade to minimize impact on littoral drift and navigation along the shoreline.
C. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the conservancy and urban conservancy shoreline environments, only low intensity commercial use and development – either water-oriented or non-water-oriented, and limited to resort, campground, and similar facilities – may be permitted as a shoreline conditional use. Non-water-oriented uses are subject to the criteria for such uses of this section.
2. 
In the urban resort shoreline environment, water-oriented resort-oriented commercial use and developments are permitted. Non-water-oriented commercial uses and developments may be permitted as a shoreline conditional use subject to the criteria for such uses in this section. Commercial uses in this shoreline environment are permitted either by themselves or as part of a structure or development also containing residential uses.
3. 
In the resource shoreline environment, water-oriented commercial use and development related to natural resource products predominantly produced on site is permitted. Non-water-oriented commercial related to natural resource products predominantly produced on site may be permitted as a shoreline conditional use subject to the criteria for such uses in this section.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Dredging shall only be permitted for the following activities:
a. 
Development of approved water-dependent uses of economic importance to the region and/or essential public facilities of economic importance to the region only when there are no feasible alternatives.
b. 
Maintenance dredging for the purpose of restoring a lawfully established development or the previously permitted or authorized hydraulic capacity of streams.
c. 
Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
d. 
Establishing, expanding, relocating, or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized location, depth, and width.
e. 
Removal of gravel for flood management purposes consistent with an adopted flood hazard reduction plan and only after a biological and geomorphological study demonstrates that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of shoreline ecological functions and processes, and is part of a comprehensive flood management solution.
f. 
Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat.
g. 
Minor in-water trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and:
i. 
Impacts to fish and wildlife habitat are avoided to the maximum extent possible.
ii. 
The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration.
iii. 
Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation.
h. 
Dredging for the purpose of obtaining fill material is prohibited, except that:
i. 
Limited bar scalping of gravel in streams is permitted subject to policies of the Whatcom County Comprehensive Plan and regulations for mining under WCC § 23.40.140 (Mining) and WCC Title 20 (Zoning).
ii. 
Dredging to obtain fill for restoration projects is permitted for approved MTCA/CERCLA projects and may be approved as a shoreline conditional use for other restoration projects.
2. 
The physical alignment and ecological functions and processes of streams, lakes, or marine shorelines shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage.
3. 
To protect public safety and compatibility with surrounding uses, dredge or disposal operations may be conditioned to limit periods and hours of operation and type of machinery, and may require provision of landscaped buffers and/or fencing to address noise and visual impacts.
4. 
Regular maintenance of an approved barge landing site shall not be considered dredging.
B. 
Additional Standards for Dredge Material Disposal.
1. 
Any dredge material disposal shall be used as part of a program to restore or enhance shoreline ecological functions and processes, unless found to be infeasible.
2. 
Dredge material disposal on uplands within shoreline jurisdiction is permitted only under the following conditions:
a. 
Shoreline ecological functions and processes will be preserved, including protection of surface and ground water.
b. 
Erosion, sedimentation, floodwaters, or runoff will not increase adverse impacts to shoreline ecological functions and processes or property.
c. 
Sites will be adequately screened from view of local residents or passersby on public rights-of-way.
3. 
Disposal of dredge material on shorelands or wetlands within a river's channel migration zone shall be discouraged. In the limited instances where it is allowed for restoration or enhancement of shoreline ecological functions and processes, such disposal shall require a shoreline conditional use permit.
4. 
Dredge material disposal is prohibited below the ordinary high water mark; except that:
a. 
Dredge material may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment.
b. 
Dredge material disposal at an open water disposal site approved through the auspices of the Dredged Material Management Program (RCW 79.105.500) is allowed and shall not require a shoreline permit.
C. 
Supplemental Application Requirements.
1. 
In addition to the minimum application requirements specified in WCC Title 22 (Land Use and Development), applications for dredging and material disposal use or development shall include all information necessary to conduct a thorough evaluation of the proposed activity, including but not limited to the following:
a. 
A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this program and WCC Title 20 (Zoning).
b. 
A detailed description of the existing physical character, shoreline geomorphology, and biological resources provided by the area proposed to be dredged, including:
i. 
A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on mean lower low water (MLLW) and have data points at a minimum of two-foot depth increments.
ii. 
A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines.
iii. 
Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas.
c. 
A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed.
i. 
Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc.
ii. 
Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc.
iii. 
Biological analysis of material to be dredged.
d. 
A description of the method of materials removal, including facilities for settlement and movement.
i. 
Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed.
ii. 
Frequency and quantity of project maintenance dredging.
e. 
Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to:
i. 
Spoils disposal area:
(A) 
Physical characteristics including location, topography, existing drainage patterns, surface and ground water;
(B) 
Size and capacity of disposal site;
(C) 
Means of transportation to the disposal site;
(D) 
Proposed dewatering and stabilization of spoils;
(E) 
Methods of controlling erosion and sedimentation; and
(F) 
Future use of the site and conformance with land use policies and regulations.
ii. 
Total initial spoils volume.
iii. 
Plan for disposal of maintenance spoils for at least a 50-year period.
f. 
Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging.
D. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the natural shoreline environment, dredging is prohibited except as an essential element of an approved shore restoration or enhancement plan.
2. 
In the aquatic shoreline environment:
a. 
Dredging may be permitted as a shoreline conditional use subject to the use and development regulations of the abutting upland shoreline environment designation.
b. 
Dredging for a mutually designated reach of river with a county- and Ecology-approved sediment management plan is permitted subject to the use and development regulations of the abutting upland shoreline environment designation.
c. 
Maintenance dredging pursuant to WAC 173-27-140 is permitted, provided the original constructed bottom contours have been established and documented in a prior shoreline permit or authorization.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Fill and excavation shall be avoided to the extent feasible, and shall be allowed only along with approved shoreline use and development activities that are consistent with this program. Where necessary, fill in shoreline jurisdiction shall be located, designed, and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration.
2. 
Excavation waterward of the OHWM or within wetlands shall be considered dredging or mining for purposes of this program.
3. 
Fill materials shall only be clean sand, gravel, soil, rock, or similar material. Use of polluted dredge spoils or other solid or dangerous wastes is prohibited.
4. 
Fill waterward of the ordinary high water mark shall only be permitted through a shoreline conditional use permit in limited instances for the following purposes, with due consideration given to specific site conditions, and only along with approved shoreline use and development activities:
a. 
Water-dependent uses where other upland alternatives or structural solutions, including pile or pier supports, are infeasible.
b. 
Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible.
c. 
Ecological restoration, mitigation, or enhancement such as beach nourishment, habitat creation, or bank restoration when consistent with an approved restoration plan.
d. 
Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan.
e. 
Public access.
5. 
Fill shall not be used to create land to serve residential development.
6. 
Fills or excavation shall not be located where shore stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable.
7. 
Fills, beach nourishment, and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use including lawful access and enjoyment of scenery.
8. 
Fill shall be designed to avoid water quality impacts in accordance with local, state and federal regulations. A temporary erosion and sediment control (TESC) plan shall be required for all proposed fill and excavation activities.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Applicability. This section applies to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modifications that may increase flood hazards. Flood hazard reduction measures may consist of nonstructural measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater management programs, and of structural measures, such as dikes, levees, revetments, flood walls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. Additional relevant critical area provisions are in WAC 173-26-221(2).
2. 
Development in floodplains should not significantly or cumulatively increase flood hazard or be inconsistent with a comprehensive flood hazard management plan adopted pursuant to Chapter 86.12 RCW, provided the plan has been adopted after 1994 and approved by the Department of Ecology.
3. 
New development or new uses in shoreline jurisdiction should not be established when it would be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway.
4. 
The following uses and activities may be appropriate and/or necessary within the channel migration zone or floodway:
a. 
Actions that protect or restore the ecosystem-wide processes or ecological functions.
b. 
Forest practices in compliance with the Washington State Forest Practices Act and its implementing rules.
c. 
Existing and ongoing agricultural practices; provided, that no new restrictions to channel movement occur.
d. 
Mining when conducted in a manner consistent with the environment designation and with the provisions of WCC § 23.40.140 (Mining).
e. 
Bridges, utility lines, flood hazard reduction works, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate cost. Where such structures are allowed, mitigation shall address impacted functions and processes in the affected section of watershed or drift cell.
f. 
Repair and maintenance of an existing legal use; provided, that such actions do not cause significant ecological impacts or increase flood hazards to other uses.
g. 
Development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes.
h. 
Modifications or additions to an existing nonagricultural legal use; provided, that channel migration is not further limited and that the new development includes appropriate protection of ecological functions.
i. 
Measures to reduce shoreline erosion; provided, that it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and that the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream.
5. 
Structural flood hazard reduction works shall be permitted only when it is demonstrated by engineering and scientific evaluations that:
a. 
They are necessary to protect health/safety and/or existing development;
b. 
Nonstructural flood hazard reduction measures are infeasible; and
c. 
Measures are consistent with an adopted comprehensive flood hazard management plan that evaluates cumulative impacts to the watershed system.
6. 
Place new structural flood hazard reduction measures landward of the associated wetlands and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration, or as noted below. Provided that such flood hazard reduction projects be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to, structural improvements shall be documented through an analysis performed by a qualified professional.
7. 
Flood hazard reduction works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration.
8. 
Revetments shall only be permitted for public projects, and shall not be placed waterward of the OHWM.
9. 
Weirs and current deflectors are permitted only when necessary to protect public bridges, roads, and levees.
10. 
Channelization projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, or result in high flood stages and velocities shall not be permitted when feasible alternatives are available.
11. 
Flood hazard reduction works and instream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The county may require reasonable conditions such as setbacks, buffers, or storage basins to achieve this objective.
12. 
Flood hazard reduction works shall provide access to public shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigable ecological impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a minimum, flood hazard reduction works should not decrease public access or use potential of shorelines.
B. 
Site Design and Operation.
1. 
The county shall require professionally engineered design of any proposed flood hazard reduction works or instream structure.
2. 
The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the state of Washington. The professional design shall include a maintenance schedule.
3. 
For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for 150 percent of the cost of the structure shall be filed with the director of the public works department prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.
4. 
Natural instream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages.
5. 
Flood hazard reduction works and instream structures shall allow for normal groundwater movement and surface runoff.
6. 
Flood hazard reduction works and instream structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks.
7. 
Structural flood hazard reduction works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration.
8. 
Where flood hazard reduction works are necessary, they shall be set back at convex (inside) bends to allow streams to maintain point bars and associated aquatic habitat through normal accretion. Levees that have already cut off point bars should be relocated where feasible to lower flood stages and current velocities.
9. 
Where levees are necessary to protect floodway fringe areas, they shall be located and designed to protect shoreline ecological functions and processes. Such works should be located near the tangent to outside meander bends so that the stream can maintain normal meander progression and use most of its natural flood water storage capacity.
10. 
No motor vehicles, appliances, other similar structures or parts thereof; nor structure demolition debris; nor any other solid waste shall be used for flood hazard reduction works.
11. 
Cut-and-fill slopes and backfilled areas shall be stabilized with brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC Title 22), as administered by the Department of Natural Resources.
2. 
Unless otherwise stated, the vegetation management regulations of this program do not apply to commercial forest practices as defined by this program when such activities are covered under the Washington State Forest Practices Act (Chapter 76.09 RCW), except where such activities are associated with a conversion to other uses or other forest practice activities over which local governments have authority. For the purposes of this program, preparatory work associated with the conversion of land to nonforestry uses and/or developments shall not be considered a forest practice and shall be reviewed in accordance with the provisions for the proposed nonforestry use, the general provisions of this program, and Chapter 16.16 WCC (Critical Areas), and shall be limited to the minimum necessary to accommodate an approved use.
3. 
A forest practice that only involves timber cutting is not a development under the Act and does not require a shoreline substantial development permit or a shoreline exemption. A forest practice that includes activities other than timber cutting may be a development under the Act and may require a substantial development permit, as required by WAC 222-50-020.
4. 
Any conversion of land to a use not compatible with forestry must:
a. 
Comply with the applicable policies and regulations of this program;
b. 
Limit the conversion to the minimum necessary, while complying with the purpose of the shoreline environment designation, general policies and regulations, and specific shoreline use and modification policies and regulations on the subject property;
c. 
Ensure no net loss of shoreline ecological functions or significant adverse impacts to other shoreline uses, resources, and values provided for in RCW 90.58.020, such as navigation, recreation, and public access.
5. 
Per RCW 90.58.150, with respect to timber situated within shoreline jurisdiction along shorelines of statewide significance, only selective commercial timber cutting may be permitted so that no more than 30 percent of the merchantable timber may be harvested in any 10-year period; provided, that:
a. 
Other timber harvesting methods may be permitted in those limited instances where topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and
b. 
Timber removal that is to the minimum necessary for the conversion of land for other uses may be permitted.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Prior to approval of an application, the director shall review a proposal for design, layout, and operation of the proposed use and shall determine whether the use is water-dependent, water-related, water-enjoyment or non-water-oriented industrial and port use.
2. 
All harbor areas, established pursuant to Article XV of the Washington State Constitution, that have reasonable commercial navigational accessibility and necessary support facilities such as transportation shall be reserved for water-dependent and water-related uses that are associated with commercial navigation unless a specific finding is made in the permit review process that adequate shoreline is reserved for navigation use elsewhere in the affected harbor area.
3. 
Industrial and port uses are allowed subject to specific criteria below:
a. 
Water-dependent industrial and port uses shall be given first preference over non-water-dependent industrial and port uses.
b. 
Water-related industrial and port uses shall be given second preference over non-water-dependent industrial and port uses.
c. 
Water-related industrial and port uses may not be approved if they displace existing water-dependent uses.
d. 
Water-enjoyment industrial and port uses may be not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water-dependent or water-related use identified in a substantial development permit or other approval.
e. 
All non-water-oriented industrial and port uses are prohibited in the shoreline, except for those identified above; provided, that the use provides significant public benefit with respect to the objectives of the Act and the following:
i. 
The proposal is part of a mixed use project that includes a water-oriented use; or
ii. 
The proposal is on a site where navigability is severely limited; or
iii. 
The proposal does not occupy space designated for water-dependent or water-related use identified in a project permit approval.
f. 
Water-oriented industrial and port uses shall provide public access in accordance with the provisions of WCC § 23.30.060 (Public access).
g. 
Non-water-oriented industrial and port uses shall provide public access and/or restoration as follows:
i. 
Public access shall be in the form of unrestricted open space.
ii. 
If no water-oriented uses are located on or adjacent to the water as part of a mixed use development, 80 percent of the shoreline and associated buffers shall be restored to provide shoreline ecological functions that approximate the functions provided by the site in natural conditions.
iii. 
The requirements of this section may be modified when:
(A) 
The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or
(B) 
Specific findings are made demonstrating that the size of the parcel and the presence of adjacent uses preclude restoration of shoreline ecological functions. Where on-site restoration is infeasible, equivalent off-site restoration shall be provided.
iv. 
Buffers shall be designed as appropriate to protect shoreline resources based on a site-specific assessment.
v. 
If water-oriented uses are located on or adjacent to the water, the remaining undeveloped water frontage that is not devoted to water-dependent use shall be preserved if in a substantially unaltered condition. If the site has been previously altered by past development, the balance of the site may be reserved for future water-related use.
vi. 
The requirements of this section shall not apply to those industrial or port uses located on a site physically separated from the shoreline where access to the land/water interface is precluded; provided, that such conditions were lawfully established prior to the effective date of this program.
h. 
Interim use of facilities approved and/or permitted for water-dependent use for non-water-dependent uses may be approved by a shoreline conditional use permit under the following conditions:
i. 
A specific occupancy plan has been approved that allows interim uses for a specific period while the market for water-dependent uses is being developed, and the proposed interim use is consistent with the occupancy plan.
ii. 
The period of interim lease or commitment of the space shall not exceed five years. At the end of five years, a new application for interim use shall be submitted.
iii. 
A good faith effort to obtain water-dependent uses has been made and suitable tenants were not found. The period of the search for water-dependent uses, the notice of availability, listing or advertising employed, and any inquiries received shall be documented.
iv. 
No permanent improvements will be made to the space that requires more than five years of occupancy to repay the investment. No permanent improvements will be made that will reduce the suitability of the space for water-dependent use.
4. 
Required setback areas shall not be used for storage of industrial equipment or materials or waste disposal, but may be used for outdoor recreation. Portions of such setbacks may be used for motor vehicle parking if design of such facilities is consistent with this program and critical area regulations in Chapter 16.16 WCC.
5. 
Disposal or storage of solid or other industrial wastes is not permitted on shorelines; except that liquid waste treatment facilities may be permitted as a shoreline conditional use if it is demonstrated that a shoreline location is required or where it is demonstrated that an alternative site outside of the shoreline is not feasible; and further excepted, that land application of waters used in the processing of fruits and vegetables within the shoreline is permitted as a shoreline conditional use.
6. 
Marine rails shall be located the minimum distance necessary above existing grade to minimize impact on littoral drift and navigation along the shoreline.
B. 
Additional Standards for Log Rafts and Storage.
1. 
Storage of logs is prohibited in water bodies, except where an upland location is not feasible; provided, that no log storage may be allowed in marine or estuarine waters or tidelands.
2. 
Log rafting shall be allowed in cases where overland transportation of logs would produce unacceptable transportation impacts, or for transportation of logs from islands or from other locations in Puget Sound. Areas for assembly and disassembly of log rafts shall meet all standards below for log storage.
3. 
Offshore log storage shall only be allowed on a temporary basis, and should be located where natural tidal or current flushing and water circulation are adequate to disperse polluting wastes.
4. 
Log rafting or storage operations are required to implement the following, whenever applicable:
a. 
Logs shall not be dumped, stored, or rafted where grounding will occur.
b. 
Easy let-down devices shall be provided for placing logs in water.
c. 
Bark and wood debris controls and disposal shall be implemented at log dumps, raft building areas, and mill-side handling zones. Accumulations of bark and other debris on the land and docks around dump sites shall be fully contained and kept out of the water.
d. 
Where water depths will permit the floating of bundled logs, they shall be secured in bundles on land before being placed in the water. Bundles shall not be broken again except on land or at mill sites.
5. 
Impervious pavement is required for log yards where the wet season water table is less than four feet below surface level in order to reduce waste buildup and impacts on ground and surface water.
6. 
Stormwater management facilities shall be provided to protect the quality of affected waters.
7. 
Log storage facilities shall be located upland and properly sited to avoid fish and wildlife habitat conservation areas.
8. 
Log storage facilities must be sited to avoid and minimize the need for dredging in order to accommodate barging activities at the site.
9. 
Log storage facilities shall be located in existing developed areas to the greatest extent feasible. If a log storage facility is proposed along an undeveloped shoreline, an alternatives analysis shall be required.
10. 
A berm must be located around the outer edge of the upland sort surface using rocks or other suitable materials to prevent loss of wood debris into the water.
11. 
Log booming shall only be allowed offshore in subtidal waters in order to maintain unimpeded nearshore migration corridors for juvenile salmonids and to minimize shading impacts from log rafts. Log booming activities include the placement in or removal of logs and log bundles from the water, and the assembly and disassembly of rafts for water-borne transportation.
12. 
A debris management plan describing the removal and disposal of wood waste must be developed and submitted to the county. Debris monitoring reports shall be provided, when stipulated.
13. 
Existing in-water log storage and log booming facilities in critical habitats used by threatened or endangered species classified under ESA shall be reevaluated if use is discontinued for two years or more, or if substantial repair or reconstruction is required. The evaluation shall include an alternatives analysis in order to determine if logs can be stored upland and out of the water, or if the site should be used for other purposes that would have lesser impacts on ESA-listed species. The alternatives analysis shall include evaluation of the potential for moving all, or portions of, log storage and booming to uplands.
C. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the rural shoreline environment, permitted water-oriented port development and industrial facilities are limited to those used for processing, manufacturing, and storage of finished or semi-finished goods.
2. 
In the resource shoreline environment, water-oriented facilities for the processing, manufacturing, and storage of natural resource products are permitted. Other water-oriented industrial or port use and development may be permitted as a shoreline conditional use. Non-water-oriented facilities for the processing, manufacturing, and storage of natural resource products may be permitted as a shoreline conditional use subject to the criteria for such uses in this section.
3. 
In the aquatic shoreline environment, water-dependent industrial or port use and development are permitted, subject to the use and development regulations of the abutting upland shoreline environment designation.
4. 
In the Cherry Point management area, WCC § 23.40.125 shall also apply. Where this section differs from WCC § 23.40.125, the regulation(s) of that section shall govern.
(Ord. 2024-047 § 2 (Exh. D))
A. 
All uses and modifications within the Cherry Point management area shall be subject to the regulations found in this section (as well as those of WCC Title 20, Zoning), and WCC § 23.40.120 (Industrial and port development). Where this section differs from WCC § 23.40.120, the regulation(s) of this section shall govern.
B. 
Allowed Uses.
1. 
Water-dependent industrial and port uses are allowed within the Cherry Point management area only upon finding that:
a. 
Policies for optimum implementation of the statewide interest have been achieved through protection of shoreline ecological functions and processes;
b. 
The long-term statewide benefits of the development have been considered with the potential adverse impacts on ecological functions; and
c. 
Proposed mitigation measures to achieve no net loss of ecological functions and processes are incorporated in the proposal.
2. 
Fuel Uses – Shoreline Permits and Requirements:
a. 
Existing legal fossil or renewable fuel refinery operations or existing legal fossil or renewable fuel transshipment facilities as of August 8, 2021, are considered permitted shoreline substantial developments.
b. 
Expansions of existing legal fossil-fuel refineries or expansions of existing legal fossil-fuel transshipment facilities shall require a shoreline conditional use permit.
c. 
New or expansion of existing legal renewable fuel refinery or renewable fuel transshipment facility shall require a shoreline conditional use permit.
3. 
Water-related and water-enjoyment uses are allowed only as part of public access and public recreation development, subject to the criteria in subsection (B)(1) of this section.
4. 
Accessory uses, which do not require a shoreline location in order to carry out their support functions, shall be sited away from the land/water interface and landward of the principal use. Accessory uses shall observe critical area buffers in Chapter 16.16 WCC. Accessory uses include, but are not limited to, parking, warehousing, open-air storage, waste storage and treatment, stormwater control facilities, utility and land transport.
5. 
Road, railway and utility facilities serving approved waterfront facilities related to water-dependent uses that are located and designed to minimize shoreline alteration are permitted.
6. 
Wastewater disposal/treatment facilities for storage or disposal of industrial or domestic wastewater are prohibited, except that elements such as conveyances and outfalls shall be allowed if alternate inland sites have been demonstrated to be infeasible. Wastewater conveyance systems for ships at berth shall be permitted.
7. 
Liquid manure storage facilities and spreading and animal feeding operations and confined animal feeding operations shall be prohibited.
C. 
Public Access.
1. 
Public access shall be provided in accordance with WCC § 23.30.060 (Public access) unless it is demonstrated that public access poses significant interference with facility operations or hazards to life or property.
2. 
If public access meeting the criteria above is demonstrated to be infeasible or inappropriate, alternative access may be provided in accordance with WCC § 23.30.060 at a location not directly adjacent to the water such as a viewpoint, observation tower, or other areas serving as a means to view public waters. Such facilities may include interpretive centers and displays that explain maritime history and industry; provided, that visual access to the water is also provided.
3. 
As an alternative to on-site public access facilities, public access may be provided in accordance with a public access plan adopted as an element of the Whatcom County parks and recreation open space plan.
D. 
Critical Areas. In addition to meeting the provisions of WCC § 23.30.010 (Ecological protection), development and alteration shall not be located or expanded within critical areas designated pursuant to Chapter 16.16 WCC except where the site is approved for water-dependent use, and the following are met:
1. 
Mitigation to achieve no net loss of ecological functions and processes shall be conducted in accordance with WCC § 23.30.010 (Ecological protection).
2. 
Development and alteration shall not be allowed in wetlands in the backshore area. Upland development shall demonstrate that changes in local hydrology will not decrease the viability of the wetland environment nor degrade the existing water quality within the wetland.
3. 
The minimum required setback from the OHWM for all industrial and port facilities, including development components, which do not require a water's edge or water surface location shall be 150 feet; provided, that bluffs and banks greater than 10 feet in height and sloping greater than 30 percent and wetland shorelines shall have such setbacks measured from the crest of the bank or the edge of the wetland in addition to the OHWM.
4. 
Development and alteration other than recreation development for public and quasi-public shoreline access is prohibited on accretion shore forms; provided, that lawfully established uses or developments may be maintained subject to the provisions of Chapter 23.50 WCC (Nonconforming Uses, Structures, and Lots).
E. 
Location and Design.
1. 
Piers.
a. 
Due to the environmental sensitivity of the area, Whatcom County shall limit the number of piers to those in operation as of January 1, 1998.
b. 
Piers shall be designed to accommodate only the necessary and intrinsic activities associated with the movement of material and cargo from land to water and water to land. The length of piers shall not extend beyond that which is necessary to accommodate the draft of the vessels intending to use the facility.
c. 
Piers shall be designed to minimize interference in the intertidal zone and adverse impacts to fish and wildlife habitats.
d. 
Piers shall be designed to minimize impacts on steep shoreline bluffs.
e. 
All pilings in contact with water shall be constructed of materials such as concrete, steel, or other materials 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; provided, that replacement of existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided, that where such replacement exceeds 20 percent of the existing pilings over a 10-year period, such pilings shall conform to the standard construction provisions of this section.
f. 
All piers on piling structures shall have a minimum vertical clearance of one foot above extreme high water.
g. 
Bulk storage of gasoline, oil and other petroleum products for any use or purpose is not allowed on piers, except for temporary storage under emergency situations, including oil spill cleanup. "Bulk storage" means nonportable storage in fixed tanks. Secondary containment shall be provided for portable containers.
h. 
All piers shall be located and designed to avoid impediments to navigation and to avoid depriving other properties of reasonable access to navigable waters. All piers shall be marked with navigational aids and approved for compliance with U.S. Coast Guard regulations.
2. 
Dredging.
a. 
Dredging to accommodate water access to, or construction of, new development is prohibited. New development shall be located and designed to avoid the need for dredging. Dredging for existing development shall be the minimum necessary and shall minimize interference in the intertidal zone and impacts to fish and wildlife habitats.
b. 
Dredging is prohibited in the accretion shoreform and backshore wetland areas.
3. 
Fill is prohibited, except for the minimum necessary to access piers or other structures that provide access to the water. Pier design should accommodate the connection between the pier and uplands by employing a pile-supported structure to the point of intersection with stable upland soils. Any fill or excavation waterward of the OHWM requires a shoreline conditional use permit.
4. 
Excavation/Stabilization.
a. 
Excavation/stabilization of bluffs is prohibited, except for the minimum necessary to access piers or other structures that provide access to the water; provided, that active feeder bluffs shall not be altered if alteration will adversely affect the existing littoral drift process. Development shall avoid, rather than modify, feeder bluffs.
b. 
Excavation/stabilization is prohibited on accretion shoreforms and in wetlands in the backshore area.
5. 
Shoreline stabilization shall be regulated in accordance with WCC § 23.40.190 and be consistent with the conservancy and aquatic shoreline environment regulations of that section.
F. 
Adjacent Use.
1. 
Port or industrial development adjacent to properties which are zoned for nonindustrial purposes shall provide setbacks of adequate width, to attenuate proximity impacts such as noise, light and glare; and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen.
2. 
Exterior lighting shall be designed and operated to avoid illuminating nearby properties zoned for nonport or nonindustrial purposes so as to not unreasonably infringe on the use and enjoyment of such property, and to prevent hazards for public traffic. Methods of controlling illumination of nearby properties include, but are not limited to, limits on height of structure, limits on light levels of fixtures, light shields and screening.
3. 
The minimum setback from side property lines which intersect the OHWM for industrial and port development shall be 60 feet; provided, that:
a. 
The side yard setback shall not apply to utility or security structures such as poles, meters, fences, guard houses, power vaults or transformers; and
b. 
The side yard setbacks for parcels adjoining the northwest and southeast boundaries of the Cherry Point management area shall be administered in accordance with WCC § 20.68.550 (Buffer area).
4. 
Required setbacks shall not be used for storage of industrial equipment or materials, or for waste disposal, but may be used for public access or outdoor recreation.
G. 
Oil and Hazardous Materials.
1. 
Release of oil or hazardous materials on shorelines is prohibited.
2. 
A management plan shall be developed for permitted or conditionally permitted development for the safe handling of cargo, fuels, bilge water, and toxic or hazardous materials to prevent them from entering aquatic waters, surface or ground water. Specific provisions shall address prompt and effective cleanup of spills that may occur. Management plans shall be coordinated with state or federal spill response plans. Where a spill management/response plan has been approved by the state, said plan may be used to satisfy the requirements of this section.
3. 
Necessary spill containment facilities associated with existing development may be permitted within shoreline jurisdiction where there are no feasible alternatives.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Land divisions, including boundary line adjustments, shall not be allowed in a configuration that will require significant vegetation removal or shoreline modification or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or use of each new parcel.
2. 
All land divisions shall provide for vegetation conservation to mitigate cumulative impacts of intensification of use within or adjacent to the shoreline that shall include compliance with vegetation conservation requirements of WCC § 23.30.040, together with replanting and control of invasive species within setbacks and open space to assure establishment and continuation of a vegetation community characteristic of a native climax community.
3. 
Land division may not be approved in cases when it can be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within a channel migration zone or floodway during the life of the development or use.
4. 
Land division shall ensure that the lots created will not require shoreline stabilization in order for reasonable development to occur. Land division that would require shoreline stabilization is prohibited.
5. 
Land divisions of four or fewer lots adjacent to the shoreline shall provide common access to the shoreline for all lots, consistent with WCC § 23.30.060 (Public access) and this section.
6. 
All land divisions shall record a prohibition on private docks on the face of the plat. An area for shared moorage may be approved if it meets all requirements for shared moorage in WCC § 23.40.150 (Moorage structures), including demonstration that marinas and launch ramps are not sufficient to meet the moorage needs of the subdivision.
7. 
Subdividing tidelands for sale or lease in connection with individual building lots is prohibited.
8. 
Substandard shoreline lots unsuitable for development of a primary permitted use under the WCC Title 20 (Zoning) and this program shall not be subdivided.
9. 
Land divisions of more than four lots shall incorporate public access to shorelines of the state as provided for in WCC § 23.30.060 unless the site is designated in a shoreline public access plan for a greater component of public access or public access is demonstrated to be infeasible or inappropriate. The amount and configuration of public access shall depend on the proposed use(s) and the following criteria:
a. 
Subdivisions that have views of water areas shall provide a public pedestrian viewing area.
b. 
Subdivisions adjacent to waters of the state shall provide access to a point abutting the water that will provide visual access, and shall provide physical access to public waterways, public marine waters, and public tidelands that are physically accessible at low tide or low water.
c. 
Subdivisions subject to requirements for dedication of land to provide open space or mitigate recreation demands of the development shall dedicate such land on or adjacent to public waterways or marine shorelines, as applicable, unless the ecological sensitivity of such land precludes public access. Portions of the area dedicated may be fenced or otherwise restricted to limit public access to ecologically sensitive areas.
10. 
Clustering and other low-impact development techniques may be required where appropriate to minimize physical and visual impacts on shorelines.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
The removal of gravel for flood management purposes shall be regulated in accordance with the regulations of WCC § 23.40.100 (Flood hazard reduction and instream structures) as well as this section.
2. 
Mining and associated activities shall be designed and conducted to result in no net loss of shoreline ecological functions and processes in accordance with WCC § 23.30.010 (Ecological protection). Application of this standard shall include avoidance and mitigation of adverse impacts during the course of mining and reclamation. The determination of whether there will be no net loss of ecological function shall be based on an evaluation of the reclamation plan required for the site and shall consider impacts on ecological functions during operation. Preference shall be given to mining proposals that result in the creation, restoration, or enhancement of habitat for priority species.
3. 
Permit requirements for mining should be coordinated with the requirements of Chapters 78.44 (Surface Mining) and 77.55 (Construction Projects in State Waters) RCW.
4. 
The proposed subsequent use of mined property shall be consistent with the provisions of the environment designation in which the property is located. Reclamation of disturbed shoreline areas shall provide appropriate ecological functions consistent with the setting.
5. 
Pursuant to RCW 90.48.615, motorized or gravity siphon aquatic mining or discharge of effluent from such activity to any waters of the state that has been designated under the Endangered Species Act as critical habitat, or would impact critical habitat for salmon, steelhead, or bull trout is prohibited. This section does not apply to:
a. 
Aquatic mining using nonmotorized methods, such as gold panning, if the nonmotorized method does not involve use of a gravity siphon suction dredge;
b. 
Mining operations where no part of the operation or discharge of effluent from the operation is to waters of the state;
c. 
Surface mining operations regulated by the State Department of Natural Resources under RCW Title 78;
d. 
Metals mining and milling operations as defined in Chapter 78.56 RCW; or
e. 
Activities related to an industrial facility, dredging related to navigability, or activities subject to a Clean Water Act Section 404 individual permit.
B. 
Additional Standards for Rivers and Streams.
1. 
Mining waterward of the ordinary high water mark of a river shall not be permitted unless:
a. 
Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole; and
b. 
The mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline.
c. 
The determinations required by this section shall be made consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of impacts should be appropriately integrated with relevant environmental review requirements of SEPA (Chapter 43.21C RCW) and the SEPA rules (Chapter 197-11 WAC).
d. 
In considering renewal, extension, or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, the county shall require compliance with this section to the extent that no such review has previously been conducted. Where there has been prior review, the county shall review previous determinations comparable to the requirements of this section to assure compliance with this section under current site conditions.
e. 
The provisions of this section do not apply to dredging of authorized navigation channels when conducted in accordance with WCC § 23.40.080 (Dredging and dredge material disposal).
2. 
Mining within any channel migration zone (CMZ) shall require a shoreline conditional use.
3. 
Scalping of accretional point bars may be permitted as a shoreline conditional use for flood hazard reduction purposes or commercial purposes under the following conditions:
a. 
Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole. Specific studies accompanying the application shall demonstrate that no adverse flood, erosion, or other environmental impacts occur either upstream or downstream of extraction sites. Mining extraction amounts, rates, timing, and locations shall be based on a scientifically determined sediment budget adjusted periodically according to data provided by a regular monitoring plan.
b. 
Aggregate washing and ponding of wastewater are prohibited in floodways.
c. 
Storage within the FEMA floodway is prohibited in the shoreline during the flood season (November 1st through March 1st); provided, that temporary stockpiling is permitted during working hours if all such materials are removed from the floodway at the end of each day's operation.
d. 
All applicable permits and approvals, including, but not limited to, hydraulic project approval (HPA) from the Department of Fish and Wildlife and a Whatcom County flood permit, shall be obtained and all applicable provisions attached thereto shall be adhered to.
C. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the aquatic shoreline environment mining is prohibited, except that accretional bar scalping in streams may be permitted as a shoreline conditional use; provided, that upon approval by the county and Ecology of a sediment management plan component for a mutually designated reach of river, including incorporating the findings of a programmatic environmental impact statement, the shoreline conditional use requirement will no longer be in effect unless mutually agreed to in said management plan.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
This section applies to all moorage structures. Marinas and boat launches are regulated pursuant to WCC § 23.40.060 (Marinas and launch ramps).
2. 
No pier or dock shall be used for a residence.
3. 
Public access facilities shall be regulated pursuant to WCC § 23.30.060 (Public access).
4. 
Commercial moorage shall be permitted only for water-dependent uses, and only if the applicant/proponent demonstrates that existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for the proposed water-dependent use.
5. 
Commercial covered moorage may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water, including demonstration that adequate upland sites are not feasible.
6. 
Moorage structures shall not be permitted within the following shoreline habitats because of their scarcity, biological productivity, and sensitivity:
a. 
Feeder bluffs and accretion shoreforms;
b. 
Marshes and other wetlands;
c. 
Kelp and eelgrass beds; and
d. 
Areas of high energy or shallow sloping bottoms (greater than two percent gradient) in the marine environment.
7. 
Moorage structures shall not be permitted within the following shoreline habitats because of their scarcity, biological productivity, and sensitivity unless no alternative location is feasible, the project would result in a net enhancement of shoreline ecological functions, and the proposal is otherwise consistent with this program:
a. 
Estuaries;
b. 
Tidal pools on rock shores;
c. 
Spawning and holding areas for forage fish (such as herring, surf smelt and sandlance);
d. 
Subsistence, commercial and recreational shellfish beds; and
e. 
Other critical saltwater or freshwater habitats.
8. 
Other than for day use, all vessels mooring on waters of the state must obtain a lease or permission from the State Department of Natural Resources, except as allowed by applicable state regulations.
9. 
No moorage shall impact the rights of navigation or public access, unless mitigated.
10. 
When there is not a moorage structure, marine rails are permissible, but shall be supported with as few piles as practicable.
B. 
Dimensional Standards.
1. 
Freshwater. Moorage structures in freshwater environments may be permitted, subject to the following:
Design and Dimensional Standards
Maximum Area: surface coverage, including all attached float decking, platform lifts, covered moorage, ramps, ells, and fingers
• 480 sq. ft. for an individual use dock or pier
• 700 sq. ft. for a shared moorage facility used by 2 residential property owners
• 1,000 sq. ft. for a shared moorage facility used by 3 or more residential property owners
• Public and commercial moorage structures shall be limited to the minimum area needed to accommodate the intended use
• These area limitations shall include platform lifts
• Where a pier or dock cannot reasonably be constructed under the area limitation above to obtain a moorage depth of 5.5 feet measured below ordinary high water mark, an additional 4 sq. ft. of area may be added for each additional foot of pier or dock length needed to reach 5.5 feet of water depth at the waterward end of the pier or dock; provided, that all other area dimensions, such as maximum width and length, have been minimized
Maximum Width
• For moorage structures accessory to a residential use:
• 4 feet for pier or dock walkway or ramp
• 6 feet for ells
• 2 feet for fingers
• 6 feet for float decking
• Public and marina moorage structures shall be a maximum of 6 feet for all elements unless a need for a larger size is demonstrated
Height
• Minimum of 1.5 feet above ordinary high water to bottom of pier stringers, except the floating section of a dock and float decking attached to a pier
Maximum Length
• Marine Rails
• Floats
• Overall Dock Length
• 20 feet waterward from the ordinary high water mark
• 20 feet per user (e.g., single user – 20 feet, 2 users – 40 feet, etc.)
• Minimum necessary to obtain a moorage depth of 5.5 feet measured below ordinary high watermark at the waterward end of the dock, though in no instance shall a dock be longer than adjacent docks or 100 feet, whichever is the lesser.
Decking for piers, docks, walkways, platform lifts, ells, and fingers
• Floats 6 feet wide or less must have at least 30% of the deck surface covered in functional grating
• Floats greater than 6 feet wide must have at least 50% of the deck surface covered in functional grating
• All other dock components must have 100% of the deck surface covered in functional grating
• The open area of functional grating must be at least 60%
• Replacement of more than 33% or 250 sq. ft., whichever is greater, of decking or replacement of decking substructure requires installation of functional grating in the replaced portion only
2. 
Marine. Moorage structures in marine environments may be permitted, subject to the following; provided, that port, industrial, and commercial piers and floats shall be the minimum area, length, and width necessary for the intended use:
Design and Dimensional Standards
Maximum Area: surface coverage, including all components
• 480 sq. ft. for an individual use dock or pier
• 700 sq. ft. for a shared moorage facility used by 2 residential property owners
• 1,000 sq. ft. for a shared moorage facility used by 3 or more residential property owners
• Where a pier or dock cannot reasonably be constructed under the area limitation above to obtain a moorage depth of -9.5 feet mean lower low water as measured at the waterward end of the dock, an additional 4 sq. ft. of area may be added for each additional foot of pier or dock length needed to reach -9.5 feet mean lower low water as measured at the waterward end of the pier or dock; provided, that all other area dimensions, such as maximum width and length, have been minimized
Maximum Width
• For moorage structures accessory to a residential use:
• 4 feet pier or dock walkway or ramp
• 6 feet for ells
• 2 feet for fingers
• 8 feet for float decking
• Public and marina moorage structures shall be a maximum of 6 feet for all elements unless a need for a larger size is demonstrated. Public and marina moorage structures shall be a maximum of 6 feet for all elements unless a need for a larger size is demonstrated
Height
• Maximize height over the bed to improve light transmission
• The bottom of the pier must be at least 6 feet above the bed at the landward end
Maximum Length
• Marine Rails – 20 feet
• Floats – 30 feet per user (e.g., single-user – 30 feet, 2 users – 60 feet, etc.)
• Overall Dock Length – Minimum necessary to obtain a moorage depth of -9.5 feet mean lower low water as measured at the waterward end of the dock
Decking
• Floats must have at least 50% of the deck surface covered in functional grating
• Piers, stairs, ramps, and platform lifts must have 100% of the deck surface covered in functional grating
• Grating openings should be oriented lengthwise in the east/west direction to the maximum extent practicable
• Grating must not be covered (on the surface or underneath) with any items (e.g., kayaks, planters, sheds, lawn chairs, etc.) except utility boxes
• Grating must be either multidirectional grating with a minimum of 40% open space or square grating with a minimum of 60% open space. Provide documentation to show percentage amount of open area
• Replacement of more than 10% or 48 sq. ft. of decking or replacement of decking substructure requires installation of functional grating in the replaced portion only
C. 
Construction Standards for Moorage Structures.
1. 
Piers and docks shall be the minimum size necessary to meet the needs of the proposed water-dependent use.
2. 
Moorage structures shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking and other components that may come in contact with water shall be approved by applicable state agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Piers and docks in lakes providing a public water supply shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel.
3. 
Piers and docks shall use pile supports unless engineering studies demonstrate that pile supports are insufficient to ensure public safety. Riprapped or bulkheaded fills may be approved for public projects only and only as a shoreline conditional use and only when demonstrated that no feasible alternative is available. Mitigation shall be provided to ensure no net loss of shoreline ecological functions and processes.
4. 
Approaches to piers and docks shall use piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be design to avoid interference with littoral drift or wave refraction. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock.
5. 
Pile diameter shall be the minimum necessary and pile spacing shall be the maximum feasible to minimize shading and avoid a "wall" effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. Piles supporting a new pier must be spaced no closer than 20 feet apart.
6. 
Offshore and foreshore pile structures shall allow for continuity of hydraulic energy patterns, unless specifically designed to reduce wave impact on shores.
7. 
Flotation for the float shall be fully enclosed and contained in a shell (e.g., polystyrene tubs not shrink-wrapped or sprayed coatings) that prevents breakup or loss of the flotation material into the water and is not readily subject to damage by ultraviolet radiation and/or abrasion caused by rubbing against piling and/or waterborne debris.
8. 
Flotation components shall be installed under the solid portions of the float, not under the grating.
9. 
If the project includes the replacement of existing piling, they should be either partially cut with a new piling secured directly on top, fully extracted, or cut two feet below the mudline. If treated pilings are fully extracted or cut, the holes or piles must be capped with clean, appropriate material.
10. 
A maximum of two moorage pilings may be installed to accommodate the moorage of boats exceeding the length of the floats.
11. 
Overhead wiring or plumbing is not permitted on moorage structures.
12. 
Moorage facilities shall be marked with reflectors, or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finish shall be generally nonreflective.
13. 
Moorage facilities shall be constructed and maintained so that no part of a facility creates hazardous conditions nor damages other shore property or natural features during predictable flood conditions. Floats shall be securely anchored.
14. 
Water supply, sewage disposal and disposal of nonhazardous materials associated with activities on docks and piers shall conform to applicable health standards.
15. 
No private or shared moorage may be constructed to within 200 feet of OHWM on the opposite shore of any lake or semi-enclosed body of water such as a bay, cove, or natural channel. This restriction shall not apply within marinas, dredged canal systems or approved marina-home developments.
16. 
Storage of fuel, oils, and other toxic materials is prohibited on docks and piers except portable containers when provided with secondary containment.
17. 
The width of landings, stairways, or steps must not exceed four feet for single use and six feet for joint use.
18. 
Additional standards for marine moorage structures:
a. 
Floats may be held in place with lines anchored with a helical screw or "duckbill" embedded anchor, piles with stoppers and/or float support/stub piles.
i. 
For a single-user float, a maximum of four piles (not including stub piles) or embedded anchors may be installed.
ii. 
For a joint-use float, a maximum of eight piles (not including stub piles) or embedded anchors may be installed.
iii. 
If embedded anchors need to be utilized, the anchor lines shall not rest on the substrate at any time; each must contain a midline float.
iv. 
Only if the substrate prohibits use of piles or embedded anchors may a Corps-approved alternative be used.
v. 
If a concrete anchor or other Corps-approved alternative is needed to hold the float, calculations showing that it will hold without dragging or breaking during storm events are required. This analysis should include the size of the float and the dry weight and dimensions of the anchor.
b. 
If the float is positioned perpendicular to the ramp, a small access float may be installed to accommodate tidal movement of the ramp. The access float cannot be larger than six feet wide and 10 feet long.
c. 
No floats may be installed in the upper shore zone (area landward of +5 MLLW).
d. 
Float Stops.
i. 
To suspend the float above the substrate at all tides, float stops should be installed on piles anchoring floats. This method is preferred over subsections (C)(18)(d)(ii) and (C)(18)(d)(iii) of this section because float stops are less impacting to the marine environment.
ii. 
If float stops attached to piles are not feasible (provide explanation), then up to four 10-inch diameter stub piles may be installed.
iii. 
Float "feet" attached to the float are an option if the substrate consists of coarse material.
19. 
Additional standards for marine mooring buoys:
a. 
Mooring buoys shall be placed at a distance specified by the Washington Department of Fish and Wildlife, the Washington Department of Natural Resources, and the U.S. Coast Guard to balance the goals of avoiding nearshore habitat and minimizing obstruction to navigation. Anchors and other design features shall meet Washington Department of Fish and Wildlife standards.
b. 
The location (latitude/longitude) of the anchor for the buoy must be identified on the project drawings.
c. 
Anchor lines must not rest or drag on the substrate, and a midline float must be installed to prevent this.
d. 
Anchors should be helical screw or another type of embedded anchor. Only if the substrate prohibits use of embedded anchors may alternative anchors (i.e., concrete block) be used. If an embedded anchor cannot be used and a concrete anchor is needed, calculations showing that the anchor will hold without dragging or breaking during storm events is required. This analysis should include the size of the vessel and the dry weight and dimensions of the anchor.
e. 
No other moorage structures may be anchored within a 117-foot radius (with the proposed buoy in the center of the 117-foot radius circle, which would result in a concentration of no more than one per acre) of the proposed buoy.
f. 
New mooring buoys may not be installed in any water body the Washington State Department of Health has designated as "threatened" or "closed" to shellfish harvesting due to the number of boats moored there.
D. 
Additional Standards for Individual Moorage.
1. 
An individual use dock may consist of one pier, one float or platform lift, one boat lift, and one covered moorage.
2. 
When allowed under the provisions of this program, only one private dock shall be permitted as an accessory use to a primary use.
3. 
Private recreational moorage for individual lots is permitted in subdivisions approved on or before January 28, 1993, only where shared moorage has not already been developed.
4. 
Prior to development of a new dock for a single residential lot, the applicant/proponent shall demonstrate that:
a. 
Existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for use;
b. 
Alternative moorage, such as mooring buoys or a dock or marine rail system sized to accommodate a tender to provide access in conjunction with a mooring buoy, is not adequate or feasible; and
c. 
The applicant/proponent has contacted abutting property owners and none have indicated a willingness to share an existing dock or develop a shared moorage in conjunction with the applicant/proponent.
5. 
Private moorage for float planes may be permitted as a shoreline conditional use where construction will not adversely affect shoreline functions or processes, including wildlife use. Ecological restoration may be required to compensate for the greater intensity of activity associated with the use.
6. 
Private docks shall not encroach into the required side yard setbacks for residential development (both onshore and offshore).
7. 
Covered moorage accessory to a single-family pier or dock shall have no walls other than an open structural framework to support a roof and shall not cover more than 200 square feet nor exceed 15 feet in height above OHWM. Roof materials shall be translucent, or at least 50 percent clear skylights.
E. 
Additional Standards for Shared Moorage.
1. 
When allowed under the provisions of this program, a shared moorage dock may be permitted for multiple users. Such docks may consist of one pier and multiple floats or platform lifts, boat lifts, and covered moorages, not to exceed the number of authorized users nor the total maximum area allowed per WCC § 23.40.140(B).
2. 
Shared moorage shall be required in accordance with the following to prevent the proliferation of moorage facilities:
a. 
Shared moorage shall be provided for all residential developments of more than two dwelling units.
b. 
Subdivisions shall contain a restriction on the face of the plat prohibiting individual docks.
c. 
Shared moorage facilities shall be available to property owners in the subdivision for community access and may be required to provide public access depending on the scale of the facility. A site for shared moorage should be owned in undivided interest by property owners within the subdivision.
d. 
If shared moorage is provided, the applicant/proponent shall file at the time of plat recordation a legally enforceable joint use agreement or other legal instrument that, at minimum, addresses the following:
i. 
Apportionment of construction and maintenance expenses;
ii. 
Easements and liability agreements; and
iii. 
Use restrictions.
e. 
On marine shorelines a dock or pier may be approved only if it is not feasible to provide mooring buoys with an adequate landing area or a dock or marine rail system sized to accommodate tenders.
f. 
Where a new multifamily residential, camping club, or subdivision development proposes to provide shared moorage, the number of slips shall be limited to the amount of moorage needed to serve dwelling units/rental spaces with water frontage; provided, that a limited number of upland dwelling units/rental spaces within shoreline jurisdiction may also be accommodated at a ratio of 0.25 slips per such dwelling units/rental spaces. Applications for shared moorage shall demonstrate that mooring buoys are not feasible prior to approval of dock moorage. Shared moorage currently serving or proposed to serve upland dwelling units/rental spaces shall be reviewed as a marina. This provision does not apply to existing developments.
3. 
Shared moorage may be located adjacent to or upon a side property line of the affected properties upon filing of an easement agreement or other legal instrument by the affected property owners.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Water-related and water-enjoyment uses shall not displace water-dependent uses.
2. 
Activities provided by recreational facilities must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. Facilities for water-dependent recreation such as fishing, clam digging, swimming, boating, and wading, and water-related recreation such as picnicking, hiking, and walking should be located near the shoreline, while non-water-related recreation facilities shall be located inland.
3. 
Recreation areas or facilities shall provide physical or visual public access consistent with the criteria of WCC § 23.30.060 (Public access).
4. 
Recreational facilities with large grass areas, such as golf courses and playing fields, and facilities with extensive impervious surfaces shall incorporate means to prevent erosion, control the amount of runoff, and prevent harmful concentrations of chemicals and sediment from entering water bodies in accordance with the regulations of WCC § 23.30.020 (Water quality and quantity).
5. 
Recreational use of motor vehicles including unlicensed off-road vehicles is permitted only on roads or trails specifically designated for such use. Such use is prohibited on tidelands, backshore beaches, streams, or wetlands; except as necessary for public health and safety or maintenance.
6. 
Trails shall meet the requirements of Chapter 16.16 WCC (Critical Areas).
B. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the urban conservancy shoreline environment, low intensity water-oriented recreational use and development are permitted subject to the following criteria:
a. 
Structures will not result in more than 10 percent building coverage or 4,000 square feet, whichever is greater, and total impervious surface will not exceed 20 percent, or 10,000 square feet, whichever is greater.
b. 
Alteration of topography shall be limited to the minimum necessary to accommodate allowed development, and generally less than 30 inches.
c. 
Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions.
2. 
In the resource shoreline environment, low intensity water-oriented recreational use and development are permitted; provided, that no designated agricultural or forest resource lands of long-term significance are displaced.
3. 
In the conservancy shoreline environment, low intensity water-oriented recreational use and development are permitted subject to the following criteria:
a. 
Structures on sites of one acre or less will not result in more than 10 percent building coverage or 2,000 square feet, whichever is greater, and total impervious surface will not exceed 20 percent or 5,000 square feet, whichever is greater.
b. 
Structures on sites greater than one acre will not result in more than five percent building coverage or 2,000 square feet, whichever is greater, and total impervious surface will not exceed 10 percent or 10,000 square feet, whichever is greater.
c. 
Alteration of topography shall be limited to the minimum necessary to accommodate allowed development, and generally less than 30 inches.
d. 
Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions.
4. 
In the natural shoreline environment, low intensity water-oriented recreational use and development consisting of primitive trails or primitive campsites is permitted subject to the following criteria:
a. 
Essential minor structures such as trails, stairs, small picnic areas, primitive roads, viewpoints, restrooms, interpretive facilities, or development that will not adversely affect shoreline ecological functions and processes are permitted.
b. 
Any necessary landscaping shall use native or similar self-maintaining vegetation.
c. 
Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited.
5. 
In the aquatic shoreline environment, water-oriented recreational use and development are permitted, subject to the use and development regulations of the abutting upland shoreline environment designation; provided, that underwater parks may be permitted as a shoreline conditional use.
(Ord. 2024-047 § 2 (Exh. D))
This section applies to residential development, uses, and activities. The creation of lots through land division is regulated pursuant to WCC § 23.40.130 (Land division).
A. 
General.
1. 
Overwater residences, including floating homes, are prohibited.
2. 
Residential development may not be approved in cases when it can be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within a channel migration zone or floodway during the life of the development or use.
3. 
Residential development shall ensure through a geotechnical analysis that the development will not require shoreline stabilization for the life of the structure (100 years). Prior to approval, geotechnical analysis of the site and shoreline characteristics shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian and marine shoreline erosion areas shall be sufficient to protect structures during the life of the structure (100 years); and impacts to adjacent, downslope or down-current properties are not likely to occur. The greater setback resulting from this regulation or WCC § 23.40.020 (Shoreline bulk provisions – Buffers, setbacks, height, open space and impervious surface coverage) shall apply.
4. 
Residential structures, accessory uses, and related facilities shall be designed and located so as to minimize view obstructions to and from shorelines and water bodies.
5. 
Utilities shall be located within roadway and driveway corridors and rights-of-way wherever feasible.
B. 
Standards for Single-Family Residential Use on Constrained Lots.
1. 
Legally existing lots with a depth (the distance from the ordinary high water mark to the inside edge of the frontage setback) that would not allow for compliance with the reduced standard buffer may be allowed without a shoreline variance when the following criteria are met:
a. 
The lot is vacant or existing structures are removed; provided an existing primary single-family residential structure may be enlarged, consistent to WCC § 23.50.020, to the maximum building area allowed in subsection (B)(1)(b) of this section;
b. 
The maximum impact area shall not exceed 2,500 square feet. The maximum impact area means the proposed residence, normal appurtenances (except drainfields), and any proposed residential accessory structures. Additionally, up to another 500 square feet of low-impact development (LID) landscaping, including any lawn, turf, ornamental vegetation, or gardens may be allowed; provided, that it is set back as far as feasible from the shoreline;
c. 
In no case shall the proposed residence be located waterward of the common-line setback as determined in applicable sections of WCC § 23.50.020(F)(2)(b)(iv) (common-line setback);
d. 
The lot is not subject to landslide hazard areas or riverine and coastal erosion hazard areas or associated buffers (see WCC § 16.16.310);
e. 
The nonconforming lot was created prior to the effective date of this program (August 8, 2008);
f. 
Appropriate measures are taken to mitigate all adverse impacts, including but not limited to locating the building area and landscaping allowance in the least environmentally damaging location relative to the shoreline and any critical areas and their buffers;
g. 
All reductions to side yard and/or frontage setbacks are pursued. Such reductions may be approved administratively without a zoning variance when doing so will not create a hazardous condition or a condition that is inconsistent with this program and WCC Title 20;
h. 
There is no opportunity to consolidate lots under common ownership that will alleviate the nonconformity;
i. 
The shoreline jurisdiction shoreline area outside of the approved development is retained if fully functional, and/or enhanced with native trees, shrubs and ground covers through development of a mitigation plan, including monitoring and maintenance contingencies per WCC § 16.16.260(G);
j. 
Development may not take place waterward of the ordinary high water mark; and
k. 
Accessory utilities may be allowed within critical areas or their buffers, subject to specific criteria in Chapter 16.16 WCC.
C. 
Additional Standards for Multifamily Residential Development.
1. 
Open space areas and setbacks shall be required along shorelines and between buildings. These areas should be large enough so that views are not extensively blocked, and building residents have privacy and ample space for outdoor recreation and circulation. The amount of open space shall increase proportionately as density and/or height increase. In general, a view corridor must be maintained across 30 percent of the average parcel width with additional width provided for the percentage increase above 35 feet to a maximum of 50 percent of the lot width. The increased area within a view corridor due to increased height must be devoted to landscaping or other open space.
2. 
Circulation, parking areas, and outdoor storage or loading areas shall be adequate in size and designed so that the public safety and local aesthetic values are not diminished. Such areas shall be screened where appropriate from open space areas by landscaping, fences or other similar structures, or grade separation.
3. 
Multifamily development shall incorporate public access to waters of the state as provided for in WCC § 23.30.060 (Public access) unless the site is designated in a shoreline public access plan for a greater component of public access or public access is demonstrated to be infeasible or inappropriate. The amount and configuration of public access shall depend on the proposed use(s) and the following criteria:
a. 
Multifamily development that has views of water areas shall provide a public pedestrian viewing area.
b. 
Multifamily development adjacent to waters of the state shall provide access to a point abutting the water that will provide visual access, and shall provide physical access to public waterways, public marine waters, and public tidelands that are physically accessible at low tide or low water.
c. 
Multifamily development subject to requirements for dedication of land to provide open space or mitigate recreation demands of the development shall dedicate such land on or adjacent to public waterways or marine shorelines, as applicable, unless the ecological sensitivity of such land precludes public access. Portions of the area dedicated may be fenced or otherwise restricted to limit public access to ecologically sensitive areas.
4. 
Recreational needs of building residents shall be provided through on-site recreation facilities and access to shorelines. The variety and number of on-site recreation facilities should increase proportionately as density increases.
D. 
Additional Standards for Accessory Uses and Development.
1. 
Shoreline permits shall be required for accessory development that does not meet the intent and definition of an appurtenance as defined in WCC § 23.60.010(J).
2. 
Non-water-dependent accessory uses are prohibited in required shoreline setbacks; except as provided in Chapter 16.16 WCC (Critical Areas).
3. 
Non-water-dependent development uses shall be prohibited over the water.
4. 
For docks and piers, see WCC § 23.40.150 (Moorage structures).
E. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the natural shoreline environment, residential development is prohibited, except that one single-family residence per legal lot may be permitted as a shoreline conditional use where there is no feasible location outside of the shoreline.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
Restoration of ecological functions and processes shall be allowed on all shorelines and shall be located, designed, and implemented in accordance with applicable policies and regulations of this program.
2. 
Restoration shall be carried out in accordance with an approved shoreline restoration plan.
3. 
The county may grant relief from shoreline master program development standards and use regulations resulting from shoreline restoration projects within urban growth areas consistent with criteria and procedures in WAC 173-27-215.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
All development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
2. 
Shoreline stabilization measures shall comply with the principles and standards of WAC 173-26-231(3)(a) (Shoreline stabilization).
3. 
Shoreline stabilization structures shall not result in a net loss of shoreline ecological functions. If shoreline stabilization is necessary pursuant to a geotechnical analysis, the method, either hard or soft, may be required to provide mitigation.
4. 
When authorized consistent with these provisions, shoreline stabilization measures shall be designed in accordance with WDFW's Integrated Streambank Protection Guidelines or WDFW's Marine Shoreline Design Guidelines, whichever is relevant to the particular environment.
5. 
Alternatives for shoreline stabilization shall be based on the following order of preference:
a. 
No action;
b. 
Nonstructural shoreline stabilization, including building setbacks, relocation of structures to be protected, and groundwater management;
c. 
Other soft shoreline stabilization treatment;
d. 
Hybrid shoreline stabilization;
e. 
Hard shoreline stabilization.
6. 
Soft shoreline stabilization treatment shall be used unless demonstrated through a geotechnical analysis not to be sufficient to protect primary structures, dwellings, or businesses.
7. 
Hard shoreline stabilization measures shall not be allowed except when necessity is demonstrated in the following manner:
a. 
To protect legally existing primary structures:
i. 
New or enlarged structural shoreline stabilization measures for the existing primary structure, including residences and their primary appurtenant structures or uses, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the lawfully established primary structure will be damaged within three years from shoreline erosion caused by tidal actions, currents, or waves. Where a geotechnical analysis confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three years, the analysis may still be used to justify more immediate authorization for shoreline stabilization using soft treatment.
ii. 
Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need.
b. 
In support of water-dependent development when all of the following apply:
i. 
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
ii. 
Nonstructural shoreline stabilization, planting vegetation, or installing on-site drainage improvements is not feasible or not sufficient;
iii. 
The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report;
c. 
In support of non-water-dependent development, including single-family residences, when all of the following apply:
i. 
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
ii. 
Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient;
iii. 
The need to protect the primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents and waves;
d. 
To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to Chapter 70.105D RCW when nonstructural measures, planting vegetation, or installing on-site drainage improvements is not feasible or sufficient.
8. 
When hard shoreline stabilization measures are demonstrated to be necessary, they must:
a. 
Limit the size of stabilization measures to the minimum necessary; and
b. 
Ensure no net loss of shoreline ecological functions.
9. 
Publicly financed or subsidized shoreline erosion control measures shall provide appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions.
10. 
Bioengineering approaches or other soft treatment shoreline stabilization that provide restoration of shoreline ecological functions may be permitted waterward of the OHWM.
11. 
Shoreline stabilization on streams should be located and designed to fit the physical character and hydraulic energy potential of a specific shoreline reach, which may differ substantially from adjacent reaches. Hard shoreline stabilization methods are prohibited in jurisdictional shoreline streams on estuarine shores, in wetlands, and in salmon spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration.
12. 
Revetments are prohibited, except for use in water-dependent and public infrastructure projects, which may be permitted as conditional use.
13. 
Gabions are prohibited along marine shorelines, but may be permitted as a conditional use along freshwater shorelines.
14. 
Shoreline stabilization measures shall not be for the purpose of creating dry land, leveling or extending property, creating or preserving residential lawns, yards, or landscaping, and shall not be allowed except when otherwise allowed in this program.
15. 
Minimize disturbance pertaining to beach access by avoiding trails that may be subject to loss or damage by erosion.
16. 
Placement of shoreline stabilization methods shall follow the natural contour of the existing shoreline, be parallel to and at or above the OHWM.
17. 
When determined to be necessary pursuant to this section shoreline stabilization on marine feeder bluffs or on marine or lake accretion shoreforms shall require a conditional use permit.
a. 
Shoreline stabilization on marine feeder bluffs may require additional mitigation measures, including those necessary to offset the loss of sediment supply.
b. 
Shoreline stabilization on accretion shoreforms shall be set back a minimum of 20 feet landward from the OHWM.
18. 
Shoreline stabilization must be designed by a professional engineer licensed in the state of Washington with demonstrated experience in hydraulic activities of shorelines. Alternatively, soft treatment shoreline stabilization may be designed by a habitat biologist or a professional with demonstrated expertise in designing soft treatment shoreline stabilization.
19. 
Depending on the degree of hard or soft elements to the project, the county, WDFW, and/or U.S. Army Corps of Engineers may require varying degrees of mitigation or other permit conditions.
20. 
Shoreline stabilization, as applied in this section, is generally distinguished from shoreline restoration activities. However, specific shoreline stabilization elements of restoration activities shall be guided by this section.
21. 
Use of shoreline armoring to protect a lot where no primary structure presently exists shall be prohibited.
22. 
Shoreline stabilization structures shall not be constructed with waste materials such as demolition debris, derelict vessels, tires, concrete or any other materials which might have adverse toxic or visual impacts on shoreline areas.
B. 
Additional Standards for Replacement or Repair of Existing Shoreline Stabilization.
1. 
Damaged structural stabilization may be repaired up to 50 percent of the linear length within a five-year period. Repair area that exceeds 50 percent shall be considered a replacement. Stabilization repair applications shall consider cumulative approvals of each successive application within a five-year period.
2. 
Any replacement of, additions to, or increases in the dimensions of existing shoreline stabilization measures shall be considered as a new structure.
3. 
An existing stabilization structure may be replaced with a similar structure if there is a demonstrated need, through a geotechnical report, to protect principal uses or structures from erosion caused by currents, tidal action or waves.
4. 
If the OHWM has been reestablished, the replacement structure must be located at or near the new OHWM.
5. 
Alternative or soft treatment stabilization shall be considered prior to in-kind replacement through an alternatives analysis.
6. 
The replacement structure shall:
a. 
Be designed, located, sized and constructed to ensure no net loss of ecological functions.
b. 
Perform the same stabilization function of the existing structure and not require additions to or increases in size.
c. 
Not encroach waterward of the OHWM or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.
7. 
When possible or as an element of mitigation sequencing, failing, harmful, unnecessary, or ineffective structures should be removed, and shoreline ecological functions and processes should be restored using nonstructural or soft and/or long-term stabilization measures.
C. 
Supplemental Application Requirements.
1. 
Geotechnical reports required pursuant to this section shall address the need for shoreline stabilization and shall include the following:
a. 
A scaled site plan showing:
i. 
The location of existing and proposed shore stabilization, structures, fill, and vegetation, with dimensions indicating distances to the OHWM; and
ii. 
Existing site topography, preferably with two-foot contours.
b. 
A description of the processes affecting the site, and surrounding areas that influence or could be influenced by the site, including areas in which stream processes, lake or marine geomorphic processes affect the site, including, but not limited to:
i. 
Soil erosion, deposition, or accretion;
ii. 
Evidence of past or potential channel migration;
iii. 
Evidence of past or potential erosion due to tidal action and/or waves;
iv. 
Littoral drift; and
v. 
An estimate of shoreline erosion rates.
c. 
A description and analysis of the urgency and risk associated with the specific site characteristics, an alternative analysis addressing the order of preference as specified in subsection (A)(4) of this section, and demonstrated need as specified in subsection (A)(7) of this section.
d. 
A discussion and analysis demonstrating conformance with the standards enumerated in Chapter 16.16 WCC (Critical Areas).
D. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the urban conservancy and conservancy shoreline environments, breakwaters and jetties may be permitted as a shoreline conditional use if accessory to a water-dependent use and littoral sediment transport is not significantly disrupted.
2. 
In the natural shoreline area environment, shoreline stabilization is prohibited; except that using bioengineering approaches may be permitted when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere.
3. 
In the aquatic shoreline environment:
a. 
Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere.
b. 
Drift sills, breakwaters, and jetties may be permitted as a shoreline conditional use if such development is permitted in the abutting upland shoreline environment designation.
c. 
Bulkheads or revetments are prohibited except for an approved water-dependent development.
(Ord. 2024-047 § 2 (Exh. D))
A. 
General.
1. 
These provisions do not apply to private informational signs posted on private property by the owner for reasonable purposes such as address, No Trespass, and temporary signs such as For Sale, Rent and campaign signs; provided, that no such sign exceeds four square feet in area.
2. 
In addition to the regulations in this section, signs are subject to WCC § 20.80.400 et seq. (signs).
3. 
All signs proposed for a development requiring a substantial development permit shall be designated on application and approval documents.
4. 
Sign illumination shall be indirect, incorporating exterior lighting shining on the sign, or shadow illumination behind nontransparent materials. Internally illuminated signs are prohibited.
5. 
Distracting Devices. Any signs or other devices which flash, blink, flutter, rotate, oscillate, or otherwise purposely fluctuate in lighting or position, in order to attract attention through their distractive character, are prohibited on shorelines; provided, that searchlights, pennants, banners and other devices of seasonal, holiday, or special event character may be used for up to 90 days in one year.
6. 
Freestanding signs other than those private informational signs described in subsection (A)(1) of this section are prohibited between a public right-of-way and the water where the water body is visible from the public right-of-way.
7. 
To protect views from the water or publicly accessible beaches or lands adjacent to the water, freestanding signs other than those private informational signs described in subsection (A)(1) of this section are prohibited between buildings and OHWM, and waterward of a line drawn from the nearest point of the building parallel to the shoreline; provided, that where a public road or path separates said building from the OHWM, up to one freestanding sign not to exceed 12 square feet is permitted between the road or path and said building.
8. 
Signs may not be located in critical areas or buffers as established by Chapter 16.16 WCC except as otherwise provided for therein.
9. 
Unless specifically exempted from setback requirements in WCC § 23.40.020, the minimum required setback for permanent freestanding signs is 50 feet from the ordinary high water mark.
10. 
Freestanding signs shall be entirely self-supporting and structurally sound without permanent use of guy wires or cables.
11. 
Signs shall comply with the standards in this section at any time a change in use or modification of structures requiring a substantial development permit is approved. Abandoned or derelict signs should either be properly restored or completely removed within a reasonable period of time by the sign owner or property owner as necessary.
B. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the natural shoreline environment, sign development is prohibited, except for trail marking, hazard warnings, or interpretive scientific or educational purposes and personal signs provided for in this section. Such permitted signs shall be limited in size and number to those required to effect their purpose.
2. 
In the aquatic shoreline environment, only wall signs and low-profile freestanding signs less than 30 inches in height for water-dependent uses are permitted, except as provided for in this section, and no premises may have more than two signs.
(Ord. 2024-047 § 2 (Exh. D))
These regulations apply to both public and private transportation projects.
A. 
General.
1. 
RCW 36.87.130 prohibits the county from vacating any county road that abuts a body of salt water or fresh water except for port, recreational, educational, or industrial purposes. Therefore, development, abandonment, or alteration of undeveloped county road ends within SMP jurisdiction is prohibited unless approved in accordance with this program.
2. 
Transportation development shall be carried out in a manner that maintains or improves state water quality standards for affected waters.
3. 
Maintenance activity including vegetation control and erosion control shall be carried out consistent with this program. Necessary minor resurfacing of existing roadways and replacement of culverts that improve shoreline ecological functions may be exempt from substantial development permit requirements as provided by WCC Title 22 (Land Use and Development).
4. 
Transportation facilities must meet the following criteria:
a. 
The proposed facilities cannot be feasibly located outside of shoreline jurisdiction due to the uses served or the need to connect specific end points. An analysis of alternatives may be required. Transportation facilities should be located inland from the land/water interface, preferably out of the shoreline.
b. 
The proposed facilities are primarily oriented to pedestrian use and provide an opportunity for a substantial number of people to enjoy shoreline areas.
c. 
The location, design, and use achieve no net loss of shoreline ecological functions and incorporate appropriate mitigation in accordance with WCC § 23.30.010 (Ecological protection).
d. 
The proposed facilities avoid public recreation areas and significant natural or cultural resources, or no alternative is feasible outside of the shoreline and all feasible measures to minimize adverse impacts have been incorporated into the proposal.
B. 
Site Design and Operation.
1. 
Transportation facilities on shorelines shall be designed to generally follow natural topography, to minimize cuts and/or fills, to avoid cutting off meander bends or point bars, and to avoid adverse impacts to shoreline ecological functions and processes. Wherever such roads or railway embankments cross depressions remaining from remnant channels and oxbow bends, crossings of ample cross-section shall be provided to span the remnant feature.
2. 
Raised arterial roads or railways shall be built outside the floodway except for necessary crossings. If built in the floodway fringe, such routes should be aligned generally parallel to outside stream bends so they will also act as setback dikes. Any parking areas required along such roads shall be sited at the base of the embankment and at the downstream corner of large accretion beaches, thus requiring no or minimal flood hazard reduction works or shoreline stabilization. Local access roads in floodplains shall be built at valley floor grade level so that floodwaters are not abnormally obstructed nor diverted. Transportation facilities shall be designed so that no significant loss of floodway capacity or measurable increase in predictable flood levels will result. If transportation facilities are intended to secondarily provide flood hazard reduction, they shall comply with policies of the Comprehensive Plan and regulations for flood hazard reduction works under WCC § 23.40.100 (Flood hazard reduction and instream structures).
3. 
If a road is demonstrated to be necessary along an accretion shoreform, the waterward road shoulder shall be set back far enough from the primary berm so that the berm may absorb the high energy of storm tide breakers, as well as prevent roadbed erosion and allow optimum recreational use of these scarce shore features.
4. 
Spans on rivers shall avoid placing structures within the channel migration zone or other dynamic, shifting channel elements such as bends.
5. 
Earth cut slopes and other exposed soils shall be placed, compacted, and planted or otherwise stabilized and protected from surface runoff with native vegetation. Transportation facilities sited close to water, wetlands, or other sensitive features shall incorporate the maximum feasible buffer of native vegetation in accordance with critical area regulations in Chapter 16.16 WCC.
6. 
Bridges or bottomless culverts or other similar structures shall be used in accordance with WDFW guidance to protect shoreline ecological functions and processes. Bridge approaches in floodways shall be constructed on open piling, support piers, or other similar measures to preserve hydraulic processes.
7. 
Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling or blocking flood waters, or interrupting stream channel processes or littoral drift.
8. 
Transportation facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood treated with creosote, pentachlorophenol or other similarly toxic materials are prohibited. Preferred materials are concrete and steel.
9. 
Vehicle and pedestrian circulation systems shall be designed to minimize clearing, grading and alteration of topography and natural features. Roadway and driveway alignment shall follow the natural contours of the site and minimize width to the maximum extent feasible. Elevated walkways should be used to cross wetlands.
10. 
Nonemergency construction and repair work shall be scheduled for that time of year when seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline ecological functions and processes.
C. 
Additional Standards for Parking Facilities.
1. 
Parking facilities are not a water-dependent use and shall only be permitted in the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. Parking facilities shall be buffered from the water's edge and less intense adjacent land uses by vegetation screening, undeveloped space, or structures developed for the authorized primary use.
2. 
Parking areas shall be developed using low impact development techniques whenever possible including, but not limited to, the use of permeable surfacing materials.
3. 
Impervious surfacing for parking lot/space areas shall be minimized through the use of alternative surfaces where feasible, consistent with the most current Low Impact Development Technical Guidance Manual for Puget Sound, or as amended.
D. 
Supplemental Application Requirements.
1. 
In addition to the application requirements specified in WCC Title 22 (Land Use and Development), all applications for transportation facilities shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this program, including subsection (A)(4) of this section.
E. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the urban conservancy and conservancy shoreline environments, transportation facilities are permitted only for access to approved development.
2. 
In the natural shoreline environment, transportation facilities are prohibited, except to access approved recreational development.
3. 
In the aquatic shoreline environment, access to water-dependent or water-related uses, such as ferry terminals, is permitted. Bridge crossings for non-water-dependent or non-water-related uses may be permitted as a shoreline conditional use.
(Ord. 2024-047 § 2 (Exh. D))
This section applies to regional and local utilities, both public and private, but not to accessory utilities (see definitions in Chapter 23.60 WCC); however, there are regulations regarding septic systems located in WCC § 23.30.020 (Water quality and quantity).
A. 
General.
1. 
Utilities that are not water-dependent shall be located away from shoreline jurisdiction unless alternative locations, including alternative technology, are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant adverse impacts to other shoreline resources and values such as parks and recreation facilities, public access, and cultural or aesthetic resources.
2. 
Storage and handling facilities for water-borne firefighting or rescue equipment may be permitted on shoreline jurisdiction at locations which are suitable considering the purpose of the proposal and the policies of the Comprehensive Plan.
3. 
Utilities shall be located within roadway and driveway corridors and rights-of-way wherever feasible.
4. 
Utilities must meet the following criteria:
a. 
The proposed facilities cannot be feasibly located outside of shoreline jurisdiction due to the uses served or the need to cross shorelands to connect specific end points. An analysis of alternatives may be required. Utilities should be located inland from the land/water interface, preferably out of shoreline jurisdiction.
b. 
The location, design, and use of the proposed facility achieves no net loss of shoreline ecological functions and incorporates appropriate mitigation in accordance with WCC § 23.30.010 (Ecological protection).
c. 
The proposed facilities will avoid public recreation areas and significant natural or cultural resources, and all feasible measures to minimize adverse impacts to such resources have been incorporated into the proposal.
d. 
The proposal includes adequate provisions for preventing spills or leaks, as well as procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions.
e. 
If the proposal is for oil, gas, and natural gas utilities and pipelines or electrical energy and communications utilities, it includes an analysis of alternative routes avoiding aquatic lands, including an analysis of alternative technology.
B. 
Additional Standards for Specific Utilities.
1. 
Desalinization facilities shall be located consistent with critical area regulations and buffers, except for water-dependent components such as water intakes.
2. 
Solid Waste Facilities.
a. 
Facilities for processing, storage and disposal of solid waste are not normally water-dependent. Components that are not water-dependent shall not be permitted in shoreline jurisdiction.
b. 
Disposal of solid waste on shorelines or in water bodies has potential for severe adverse effects upon ecological processes and functions, property values, public health, natural resources, and local aesthetic values and shall not be permitted.
c. 
Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control.
3. 
Oil, Gas and Natural Gas Transmission.
a. 
Regional oil, gas, and natural gas utility pipelines shall not be located in shoreline jurisdiction unless alternatives are demonstrated to be infeasible.
b. 
Local natural gas utilities shall not be located in shoreline environments unless serving approved shoreline uses. Crossings of shorelines shall not be approved unless alternatives are demonstrated to be infeasible.
4. 
Electrical Energy and Communication Systems.
a. 
Underground placement of lines shall be required on shorelines for new or replacement lines that are parallel to the shoreline and do not cross water or other critical areas; provided, that maintenance of existing aerial lines above 35 kv may be permitted above ground where alternatives are demonstrated to be impractical and/or infeasible. New or replacement lines that cross water or other critical areas may be required to be placed underground depending on impacts on ecological functions and processes and visual impacts; provided, that maintenance of existing aerial lines above 35 kv may be permitted above ground where alternatives are demonstrated to be impractical and/or infeasible. Poles or supports treated with creosote or other wood preservatives that may be mobile in water shall not be used along shorelines or associated wetlands. Where road rights-of-way or easements are within 150 feet and also are parallel to the shoreline for more than 500 feet, no new overhead wiring shall be installed between the road and OHWM.
b. 
Utilities for development within the shoreline shall be installed underground.
5. 
Hydropower Development. In addition to the general requirements above, hydropower facilities shall be located, designed, and operated to:
a. 
Minimize impacts to fish and wildlife resources including spawning, nesting, rearing habitat, migratory routes, and critical areas. Mitigation measures to achieve no net loss of shoreline ecological functions and processes shall be implemented in accordance with WCC § 23.30.010 (Ecological protection).
b. 
Minimize impacts to geohydraulic processes; waterfalls; erosion and accretion shoreforms; agricultural land; scenic vistas; recreation sites; and sites having significant historical, cultural, scientific, or educational value.
c. 
Accommodate public access to, and multiple uses of, the shoreline.
d. 
Comply with the instream structure regulations of WCC § 23.40.100 (Flood hazard reduction and instream structures).
C. 
Supplemental Application Requirements.
1. 
In addition to the minimum application requirements specified in WCC Title 22 (Land Use and Development), all applications for utilities shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this program.
D. 
Regulations for Specific Shoreline Environment Designations.
1. 
In the urban conservancy and conservancy shoreline environments, local utility development is permitted; provided, that sewage outfalls and treatment plants, overwater communication or power lines, fuel pipelines, and other types of hazardous material pipelines may be permitted as a shoreline conditional use, provided there is no feasible location outside the shoreline.
2. 
In the natural shoreline environment, utility development is prohibited. Maintenance of existing utilities is permitted and shall take extraordinary measures in protecting the natural features therein.
3. 
In the aquatic shoreline environment:
a. 
Submarine electrical or communications cables, overwater public utility lines consisting of local distribution facilities if adequately flood-proofed, water intakes, and desalinization facility intakes are permitted.
b. 
Submarine water and sewer lines, fuel pipelines, sewer, and desalinization outfalls may be permitted as shoreline conditional uses.
c. 
Crossings of water bodies by overwater transmission or distribution lines and on-site electrical communication wiring may be permitted within 100 feet of the OHWM and wetlands and over bodies of water as a shoreline conditional use. All other utility development is prohibited.
(Ord. 2024-047 § 2 (Exh. D))