The past geologic development of the Puget Sound Basin has created one of the few areas in the world which provides several deepwater inland harbors. The use of Puget Sound waters by deep-draft vessels is increasing due in part to its proximity to the Pacific Rim countries. This increased trade will attract more industry and more people which will put more pressure on the Sound in the forms of recreation and the requirements for increased food supply.
The Port of Tacoma is a major center for waterborne traffic and as such has become a gravitational point for industrial and manufacturing firms. Heavy industry may not specifically require a shoreline location, but is attracted to the port because of the variety of transportation modes available.
In applying the regulations of this section, the following definitions are used:
“Industrial” means the production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials or production is considered part of the industrial process.
“Port” means a center for water-borne commerce and traffic.
Some port and industrial developments are often associated with a number of uses and modifications that are identified separately in this Master Program (e.g., parking, dredging). Each use activity and every type of shoreline modification should be carefully identified and reviewed for compliance with all applicable sections.
For the purposes of determining to which uses and activities this classification applies, the use of moorage facilities, such as a wharf or pier, for the layberthing, or lay-by berthing of cargo, container, military, or other oceangoing vessels shall be permitted only where port and industrial uses are allowed. This use category shall likewise apply to facilities that handle the loading and unloading of cargo and materials associated with port and/or industrial uses. Facilities for the loading and unloading of passengers associated with passenger vessels, such as ferries, cruise ships, and water taxis shall be classified as a transportation facility or commercial activity as applicable.
Port and/industrial facilities are intensive and have the potential to negatively impact the shoreline environment. When impacts cannot be avoided, they must be mitigated to assure no net loss of the ecological function necessary to sustain shoreline resources.
A. Policies.
1. General policies.
a. Because of the great natural deep water potential of Commencement Bay, new deep water terminal and port-related industrial development is encouraged.
b. Because of the exceptional value of Puget Sound shorelines for residential, recreational, resource and other economic elements requiring clean water, deep water terminal expansion should not include oil super tanker transfer or super tanker storage facilities.
c. Public access and ecological restoration should be considered as potential mitigation of impacts to shoreline resources for all water-related and -dependent port and industrial uses consistent with all relevant constitutional and other legal limitations on the regulation of private property per TSMP Section
19.06.050, Public Access.
d. Expansion or redevelopment of water-dependent port and industrial facilities and areas should be encouraged, provided it results in no net loss of shoreline functions.
e. Port and industrial uses and related redevelopment projects are encouraged to locate where environmental cleanup can be accomplished.
f. The preferred location for future non-water-dependent industry is in industrial areas away from the shoreline.
g. The cooperative use of docking, parking, cargo handling and storage facilities should be strongly encouraged in waterfront industrial areas.
h. Land transportation and utility corridors serving ports and water-related industry should follow the guidelines provided under the sections dealing with utilities and road and railroad construction. Where feasible, transportation and utility corridors should not be located in the shoreline to reduce pressures for the use of waterfront sites.
i. Port and industrial uses should be encouraged to permit viewing of harbor areas from viewpoints, and similar public facilities which would not interfere with operations or endanger public health and safety.
j. Special attention should be given to the design and development of facilities and operational procedures for fuel handling and storage in order to minimize accidental spills and to the provision of means for satisfactorily handling those spills which do occur.
2. “S-8” Thea Foss Shoreline District.
a. Improvements to existing industrial uses, such as the aesthetic treatment of storage tanks, cleanup of blighted areas, landscaping, exterior cosmetic improvements, landscape screening, and support of the Waterway environmental cleanup and remediation plan effort are encouraged.
B. Regulations.
1. General regulations.
a. Water-dependent port and industrial uses shall have shoreline location priority over all other uses in the S-7 and S-10 Shoreline Districts.
b. The location, design, and construction of port and industrial uses shall assure no net loss of ecological functions.
c. New non-water-oriented port and industrial uses are prohibited unless they meet one of the following criteria:
(1) The use is part of a mixed-use development or facility that supports water-oriented uses and provides a significant public benefit with respect to the public access and restoration goals of this Program;
(2) Navigability is severely limited at the proposed site and the use provides a significant public benefit with respect to the public access and restoration goals of this Program; and,
(3) The use is within the shoreline jurisdiction but physically separated from the shoreline by a separate property, public right-of-way, or existing use, and provides a significant public benefit with respect to the public access and restoration goals of this Program. For the purposes of this Program, public access trails and facilities do not constitute a separation.
d. Deep-water terminal expansion shall not include oil super tanker transfer or super tanker storage facilities.
e. Where shoreline stabilization or in-water structures are required to support a water-dependent port or industrial use, the applicant shall be required to demonstrate:
(1) That the proposed action shall give special consideration to the viability of migratory salmonids and other aquatic species;
(2) That contaminated sediments are managed and/or remediated in accordance with state and federal laws;
(3) That public access to the water body is provided where safety and operation of use are not compromised; and,
(4) That shading and water surface coverage is the minimum necessary for the use.
f. Port and industrial development shall comply with all federal, state, regional and local requirements regarding air and water quality.
g. Where possible, oxidation and waste stabilization ponds shall be located outside the Shoreline District.
h. Best management practices shall be strictly adhered to for facilities, vessels, and products used in association with these facilities and vessels.
i. All developments shall include the capability to contain and clean up spills, discharges, or pollutants, and shall be responsible for any water pollution which they cause.
j. Petroleum products sump ponds shall be covered, screened, or otherwise protected to prevent bird kill.
k. Procedures for handling toxic materials in shoreline areas shall prevent their entering the air or water.
2. Log rafting and storage.
a. New log rafting and storage shall only be allowed in the “S-10” Port Industrial Area Shoreline District, the “S-11” Marine View Drive Shoreline District and in the associated portions of the “S-13” Marine Waters of the State Shoreline District.
b. Restrictions shall be considered in public waters where log storage and handling are a hindrance to other beneficial water uses.
c. 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.
d. Log rafting or storage operations are required to implement the following, whenever applicable:
(1) Logs shall not be dumped, stored, or rafted where grounding will occur.
(2) Easy let-down devices shall be provided for placing logs in water. The freefall dumping of logs into water is prohibited.
(3) 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 wood debris on the land and docks around dump sites and upland storage sites shall be kept out of the water. After cleanup, disposal shall be at an upland site where leachate will not enter surface or ground waters.
(4) 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) Stormwater management facilities shall be provided to protect the quality of affected waters.
e. Log storage facilities shall be located upland and properly sited to avoid fish and wildlife habitat conservation areas.
f. Log storage facilities must be sited to avoid and minimize the need for dredging in order to accommodate new barging activities at the site.
g. Log booming shall only be allowed offshore in sub-tidal 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 waterborne transportation.
h. Log storage and log booming facilities shall be adequately maintained and repaired to prevent log escapement from the storage site.
i. A Debris Management Plan describing the removal and disposal of wood waste must be developed and submitted to the City. Debris monitoring reports shall be provided, where stipulated.
j. Existing in-water log storage and log booming facilities in critical habitats utilized by threatened or endangered species classified under ESA shall be reevaluated if use is discontinued for two (2) 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. The alternatives analysis shall include evaluation of the potential for moving all, or portions of, log storage and booming to uplands.
3. Fuel facilities.
a. Applicability. The following standards apply to all “Petroleum Fuel Facilities” and “Cleaner Fuel.”
b. Purpose. The purpose of these standards is to minimize the risk of spill or discharge of fuels into the Puyallup River or marine waters; to support a reduction in greenhouse gas emissions and a transition to cleaner fuel and energy production consistent with Federal, state and local targets; to avoid and minimize any impacts to adjacent communities from fire, explosion, or increased air emissions resulting from facility expansion; and to protect and preserve fish and wildlife habitat areas to ensure viable Tribal fisheries consistent with Treaty fishing rights.
c. Baseline established. The baseline for refining, storage, transportation, and transshipment facilities is established by the following information available as of November 16, 2021 (the adoption date of this ordinance):
(1) Crude oil refining baseline capacity shall be established by the U.S. Energy Information Administration Refinery Capacity Report as measured in atmospheric crude distillation barrels per day (
https://www.eia.gov/petroleum/refinerycapacity/) or comparable. The baseline for other product refining, including liquefied natural gas, shall be based on the documented refining capacity in the most recent local permits issued for the facility.
(2) Storage baseline capacity shall be established using Washington Department of Ecology industrial section permits and oil spill prevention plans.
(3) Transshipment and transportation facility baseline is established through the most recent spill prevention plans approved by the Department of Ecology or where a local permit documenting such facilities has been approved more recently.
(4) If an existing facility does not have an established refining or storage baseline from a past industrial section permit or spill prevention plan, the baseline must be established as part of a permit application.
d. New facilities or expansion of existing facilities beyond the established baseline shall meet the following special use standards:
(1) Mitigation for local greenhouse gas impacts calculated consistent with the definition of facility emissions in TMC §
13.01.060:
(a) Assessment: Greenhouse gas emissions impacts shall be assessed using current valid modeling techniques.
(b) Mitigation: Greenhouse gas emissions that create specific adverse environmental impacts may be offset through mitigation projects that provide real and quantifiable greenhouse gas mitigation.
(c) Location: Greenhouse gas emissions offsets for local impacts shall be located in the following order of preference:
i. Within the City of Tacoma;
ii. Within the Puyallup River Watershed;
iv. Within the Central Puget Sound region, including Pierce County, Kitsap County, Snohomish County, and King County.
(2) The applicant shall provide annual reporting of the following:
(a) The number of vessel transfers of fuel, both inbound and outbound from the site, the type and quantity of products transferred, and the product destination.
(b) The number of rail cars transporting fuels, both to and from the site, including a description of the product, volume, and destination.
(c) The number of trucks transporting fuel, both to and from the site, including a description of the product, volume, and destination.
(d) A description of on-site storage capacity including the number of tanks, tank volumes, and products.
(e) A description of all facility emissions for previous five years and a three year forecast.
(3) An applicant must provide proof of financial assurance (such as trust funds, letters of credit, insurance, self-insurance, financial tests, corporate guarantees, payment bonds or performance bonds) sufficient to comply with the financial responsibility requirements set forth in any State and federal law applicable to their proposed project. If the applicant relies on an insurance policy for compliance with a State or federal financial assurance requirement, the applicant must add the City of Tacoma as an additional insured as a condition of permit issuance.
e. Petroleum fuel facilities.
(1) New “Petroleum Fuel Facilities” are prohibited.
(2) Existing facilities, legally permitted at the time of adoption of this ordinance, shall be considered permitted uses, subject to the following limitations:
(a) Existing facilities shall not exceed the established baseline as of November 16, 2021 (the adoption date of this ordinance.) except where specifically authorized in this section.
(b) Except as specifically authorized under (3), (4), (5), and (6) of this section, the following new improvements are prohibited:
i. New driveways, private rail sidings, docks, piers, wharves and floats.
ii. Site or facility improvements that would increase the capacity of a driveway, private rail siding, dock, pier, wharf or float.
iii. New storage tanks, refining or processing facilities.
(c) Expansion of or addition to existing petroleum fuel facilities is allowed through the normal permitting process when the particular expansion would create the maximum proposed capacity of a facility that was the subject of an Environmental Impact Statement prepared and published by the City under RCW
43.21C and TMC Ch.
13.12 as of November 16, 2021 (the adoption date of this ordinance) and for which the City has accepted on or before November 16, 2021 (the adoption date of this ordinance) all funds that fully mitigate the adverse environmental impacts of the facility’s maximum capacity pursuant to a Mitigation Agreement between the City and the facility proponent. Provided that any proposed expansion which is eligible under this section remains subject to the full permit review process, including environmental review, as applicable, and this section does not guarantee the issuance of a permit.
(d) Expansion of production, storage, transportation and transshipment of petroleum fuels when requested in writing by the Department of Defense supporting Joint Base Lewis McChord, Naval Region Northwest Installations or other national defense needs shall be allowed through the standard permitting process with the City of Tacoma acting as SEPA lead agency, subject to an enhanced SEPA checklist to be implemented and updated from time to time by the Director.
(e) Replacement of and improvements to existing petroleum infrastructure shall be allowed through the standard permitting process with the City of Tacoma acting as SEPA lead agency, subject to an enhanced SEPA checklist to be implemented and updated from time to time by the Director, for maintenance, for improvement of the safety or security of the infrastructure, decrease air or water emissions, or to allow the infrastructure to meet new regulatory requirements.
(f) Where a “Petroleum Fuel Facility” provides direct-to-vessel fueling, new infrastructure that is necessary to support vessel fueling may be allowed so long as overall facility storage and refining does not exceed the established baseline.
(g) Improvements are limited to property owned or occupied by the use as of the adoption of this ordinance.
(h) Baseline monitoring. On an annual basis, Planning and Development Services will evaluate information from the U.S. Energy Information Administration, WA Department of Ecology, Puget Sound Clean Air Agency, as well as from local permits, to ensure compliance with the requirements herein.
f. Cleaner fuel infrastructure.
(1) New and Expanded Cleaner Fuel Infrastructure as defined in this chapter shall be allowed through the standard permitting process with the City of Tacoma acting as SEPA lead agency, subject to an enhanced SEPA checklist to be implemented and updated from time to time by the Director, and subject to the following requirements:
(a) New Cleaner Fuel Infrastructure permitted through this chapter shall not be used for production, storage, transportation and transshipment of petroleum. Total or partial conversion of permitted New Cleaner Fuel Infrastructure for the purposes of production, storage, transportation, and transshipment of petroleum shall constitute grounds for permit revocation and civil enforcement.
(b) Any Expanded Cleaner Fuel Infrastructure permitted through this chapter shall not exceed a cumulative total increase of fifteen percent (15%) more storage over the applicant’s total petroleum storage as of November 16, 2021 (the adoption date of this ordinance). Total or partial conversion of permitted Expanded Cleaner Fuel Infrastructure for the purposes of production, storage, transportation, and transshipment of petroleum fuels shall constitute grounds for permit revocation and civil enforcement. The limitation on cumulative petroleum storage does not apply to expansions allowed under (3), (4), (5), and (6) above.
(Ord. 28612 Ex. A, 2019-09-24; Ord. 28786 Ex. B, 2021-11-16; Ord. 28828 Ex. B, 2022-08-30, previously codified as TSMP Section 7.6.)