Shoreline modification activities are structures or actions that permanently change the physical configuration or quality of the shoreline, particularly at the point where land and water meet. Shoreline modifications include, but are not limited to, structures such as dikes, breakwaters, weirs, dredge basins, fill, bulkheads and piers and actions such as clearing, grading, and removing vegetation. Generally, shoreline modifications are undertaken for the following reasons:
•
To prepare for a shoreline use;
•
To support an upland use; or
•
To provide shoreline stabilization or defense from erosion.
A single shoreline use may require several different shoreline modification activities. For example, a new boat storage yard may require clearing and grading of the upland yard and construction of a jetty and docks in the water. Proposals for shoreline modifications are to be reviewed for compliance with the applicable “Use” policies and regulations in Chapter 19.07 and the applicable “modification” policies and regulations of this Chapter. Shoreline modifications listed as “prohibited” are not eligible for consideration as a Shoreline Variance. Deviations from the minimum development standards may be approved under a Shoreline Variance unless specifically stated otherwise.
1. 
Shoreline modification activities should protect or restore ecological processes and functions and minimize alterations of the natural shoreline, currents, and movement of sand and water circulation to avoid adverse effects on nearby shorelines.
2. 
Shoreline modification activities should not degrade water quality; and best management practices should be employed to prevent contamination of shoreline areas.
3. 
Shoreline modifications should be constructed in such a way as to minimize damage to fish and shellfish resources and habitats; minimize damage to wildlife propagation and movement; and to conform to Washington Department of Fish and Wildlife design criteria.
4. 
New development siting and design should be conducted in such a manner that the need for continued shoreline modification activities such as dredging or channelization, to maintain the use is unnecessary.
5. 
Proposals for shoreline modification activities and associated uses should demonstrate that the construction and subsequent operation will not be detrimental to the public interest and uses of the shoreline and water body, including navigation and recreation.
6. 
Shoreline modification activities should demonstrate that impacts have been avoided, minimized and mitigated.
7. 
Shoreline modifications that provide transportation and utility services accessory to a primary use shall mitigate the common impacts of those facilities.
8. 
Shoreline modifications and associated uses should consider multiple use opportunities to enhance public access, use and enjoyment of the shoreline and water body where appropriate.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.1.)
A. 
Shore stabilization works include actions taken to stabilize the shoreline, addressing erosion impacts to property and improvements caused by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, and/or planning and regulatory measures to avoid the need for structural stabilization. Structural methods can be “hard” or “soft. Hard structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. Soft structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach.
Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Structural shoreline stabilization methods also often result in vegetation removal and damage to near-shore habitat and shoreline corridors. The following methods of shoreline stabilization are organized from “soft” to “hard”. The use of “soft” methods is the preferred “best practices” choice (if non-structural methods cannot be used or are insufficient) when considering shoreline stabilization measures.
“Soft”
•
Vegetation enhancement;
•
Upland drainage control;
•
Bioengineering/biotechnical measures;
•
Beach enhancement;
•
Anchor trees; and
•
Gravel enhancement.
“Hard”
•
Rock revetments;
•
Gabions;
•
Groins;
•
Retaining walls and bluff walls;
•
Bulkheads; and
•
Seawalls.
What constitutes normal repair and maintenance?
As applied to shoreline stabilization, “normal repair” and “normal maintenance” include the patching, sealing, or refinishing of existing structures and the replenishment of sand or other material that has been washed away if part of a previous authorized activity. Normal maintenance and normal repair are limited to those actions that are typically done on a periodic basis. Construction that causes significant ecological impact is not considered normal maintenance and repair.
What constitutes replacement?
As applied to shoreline stabilization measures, “replacement” means the construction of a new structure to perform a shoreline stabilization function when an existing structure can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures are considered new structures under this Master Program.
In addition, repairs that exceed a certain threshold are also effectively “replacement,” providing a meaningful opportunity for the project applicant to consider and implement softer solutions to an existing hard structural stabilization. The following are thresholds for considering a repair to be effectively replacement: 1) when any repair is being conducted along more than 50 percent of the shoreline stabilization on the subject property, or 2) when repair is being conducted along more than 25 feet of shoreline stabilization when that repair work includes removal and replacement of the stabilization measure’s foundation material. Exemptions if the relevant exemption criteria are met; however, the replacement provisions of these regulations will apply.
B. 
Policies.
1. 
Non-structural or soft-shore bank stabilization techniques are preferred over structural shoreline stabilization, such as bulkheads, seawalls, and breakwaters.
2. 
Structural stabilization devices are discouraged in designated urban conservancy environments and should not be permitted in natural environments.
3. 
Structural stabilization devices should be designed to blend in with the surroundings and not to detract from the aesthetic qualities of the shoreline.
4. 
The construction of structural stabilization devices should be permitted only where there is a demonstrated need to protect upland areas or facilities, not for the purpose of creating land by filling.
5. 
Structural stabilization devices may be permitted for water-dependent uses in committed port and industrial waterways or where such construction can be integrated with the existing shoreline in such a way that they will substantially preclude any resultant damage to marine resources or adverse effects on adjacent properties.
6. 
Where flood protection measures such as dikes are planned, they should be placed landward of the stream-way, including associated wetlands directly interrelated and interdependent with the stream proper.
C. 
Regulations.
1. 
Regulations – Stabilization.
a. 
Shoreline stabilization shall be designed, located, and mitigated to achieve no net loss of ecological functions.
b. 
Shoreline stabilization shall be permitted only where appropriate to the specific type of shoreline and environmental conditions for which it is proposed.
c. 
All shoreline stabilization measures shall be constructed to minimize damage to fish and shellfish habitat, and shall conform to the requirements of the Washington Department of Fish and Wildlife Hydraulics Code.
d. 
New development, including newly created parcels, shall be designed and located so as to prevent the need for future shoreline stabilization.
e. 
New development that would require shoreline stabilization which is likely to cause significant impacts to adjacent or down-current properties and shoreline areas is prohibited.
f. 
Shoreline stabilization structures shall not be permitted for the direct or indirect purpose of creating land by filling behind the structure.
g. 
Beach materials shall not be used for fill behind bulkheads, other than clean dredge materials from a permitted dredge and fill operation and materials excavated during construction of the bulkheads.
h. 
New structural shoreline armoring may be permitted and existing structural shoreline armoring may be expanded when one or more of the following apply:
(1) 
When necessary to support a project whose primary purpose is enhancing or restoring ecological functions;
(2) 
As part of an effort to remediate hazardous substances pursuant to RCW 70.105;
(3) 
When necessary to protect public transportation infrastructure or essential public facilities and other options are infeasible;
(4) 
When necessary to protect a water-oriented use or an existing, lawfully established, primary structure, including a residence that is in imminent danger of loss or substantial damage from erosion caused by tidal action, currents, or waves;
i. 
Proposals for new, expanded, or replacement structural shoreline armoring permitted under this Program shall clearly demonstrate all of the following:
(1) 
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
(2) 
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;
(3) 
The need to protect 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;
(4) 
The erosion control structure will not result in a net loss of shoreline ecological functions.
j. 
When evaluating the need for new, expanded, or replacement structural shoreline armoring, the Director shall require the applicant to examine and implement alternatives to structural shoreline armoring in the following order of preference:
(1) 
No action (allow the shoreline to retreat naturally);
(2) 
Increased building setbacks and/or relocated structures;
(3) 
Use of flexible/natural materials and methods, vegetation, beach nourishment, protective berms or bioengineered shoreline stabilization.
k. 
The City shall require applicants for new, expanded, or replacement structural shoreline armoring to provide credible evidence of erosion as the basis for documenting that the primary structure is in imminent danger from shoreline erosion caused by tidal action, currents, or waves. The evidence shall:
(1) 
Demonstrate that the erosion is not due to landslides, sloughing or other forms of shoreline erosion unrelated to water action at the toe of the slope; and
(2) 
Include an assessment of on-site drainage and vegetation characteristics and their effects on slope stability.
l. 
Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there is an overriding safety or environmental concern. In such cases, the replacement structure shall abut the existing stabilization structure.
m. 
Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark.
n. 
Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. As a general matter, hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. All geotechnical reports shall also identify any potential impacts to downstream structures.
o. 
Shoreline stabilization structures shall be limited to the minimum size necessary.
p. 
Public access, consistent with TSMP Section 19.06.050D, is required, where feasible, as part of any shoreline stabilization construction or replacement project on public land or using public funds.
q. 
In permitting shoreline stabilization structures on public lands, factors to be considered shall include: possible damage to marine life, reduction of beach surface area, reduction in hours of beach accessibility on tidal waters, reduction of navigable water surface, and limitation of points of access to the beach.
r. 
Impacts to sediment conveyance systems shall be avoided or minimized.
s. 
Bulkheads shall be constructed of concrete, wood, rock, riprap, or other suitable materials. The design and construction of such bulkheads shall, to the maximum extent feasible, preserve the natural characteristics of the shoreline, including beaches, and shall take into account habitat protection and aesthetics, including consideration of Washington Department of Fish and Wildlife criteria.
2. 
Regulations – Breakwaters, jetties, groins, and weirs.
a. 
Floating breakwaters shall be used in place of fixed types, where they can withstand extensive wave action, in order to maintain sediment movement, fish habitat, and water circulation. Fixed breakwaters shall be permitted only where design can maintain desired movement of sediment and circulation of water.
b. 
Breakwaters, jetties, groins, and weirs waterward of the OHWM are permitted only for water-dependent uses, public access, shoreline stabilization, or other specific public purpose; protection of critical areas and appropriate mitigation is required.
c. 
A shoreline conditional use permit is required for all breakwaters, jetties, groins and weirs.
d. 
The construction of breakwaters, jetties, groins and weirs shall be permitted only in cases where overall public benefit can be demonstrated.
e. 
Breakwaters and jetties shall incorporate public access to the maximum extent feasible.
f. 
Construction of breakwaters, jetties and groins shall not create significant interference with the public use of the water surface.
g. 
The effect on sediment movement shall be a primary consideration in the evaluation of proposed jetties or groins. Provision shall be made to minimize potential adverse effects on natural systems caused by jetties or groins, and costs of mitigating damages which do occur shall be borne by the project applicant.
h. 
Consideration shall be given to the effect which jetties and groins will have on wildlife propagation and movement, particularly with reference to the out migration of juvenile salmonids from the Puyallup River and Hylebos Creek systems, and to a design of these structures which will not detract from the aesthetic quality of the shoreline.
i. 
Public access for sightseeing and public fishing shall be considered in jetty and groin design wherever such access would not interfere with the public safety.
3. 
Regulations – Flood control works and in-stream structures.
a. 
New in-stream structures shall protect and preserve ecosystem-wide processes, ecological functions, and cultural resources, including fish and fish passage, wildlife and water resources, shoreline critical areas, hydrological processes, and natural scenic vistas.
b. 
The following regulations shall be applied to proposed flood control and in-stream structures:
(1) 
Materials used for bank stabilization shall consist of concrete, rock, or other materials of the earth and shall be of sufficient size to prevent their being washed away by high water, wave, or current action. Automobile bodies or other waste materials shall not be used;
(2) 
No bank stabilization shall create hydrodynamic changes which may necessitate additional bank stabilization downstream;
(3) 
Dikes, levees, berms, and similar flood control structures shall be shaped and planted with native vegetation suitable for wildlife habitat;
(4) 
Materials capable of supporting growth used in construction of shoreline protection structures shall be revegetated with plants native to the area; and,
(5) 
Flood control works and in-stream structures shall also be subject to the stabilization standards in TSMP Section 19.08.030B.1, above.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.2.)
Fill raises the elevation or creates dry land area by the addition of sand, soil, gravel, rock, sediment, earth retaining structure, or other material waterward of the OHWM, in wetlands, or on shorelands. Dredging is the removal of material from a stream, river, lake, bay or other water body. The purposes for dredging might include navigation, remediation of contaminated materials, or material mining. Materials generated from navigational and remedial dredging may be suitable for beneficial reuse (e.g., construction of habitat features or construction of uplands) or may require disposal at appropriate disposal facilities.
A. 
Policies.
1. 
Shoreline fill should not be authorized unless a specific use for the site is evaluated and permitted. Speculative fill should not be permitted.
2. 
Where there is a demonstrated need for shoreline fill, they should only be considered for water-dependent uses in committed port and industrial waterways or where such construction can be integrated with the existing shoreline to substantially preclude any resultant damage to marine resources or adverse effects on adjacent properties. Fill should not be permitted in identified channel migration zones.
3. 
The location, design, and construction of all fill should protect ecological processes and functions, including channel migration. In evaluating fill projects such factors as total water surface reduction, navigation restriction, impediment to water flow and circulation, reduction of water quality and destruction of habitat, and the effects on state-owned resources should be considered.
4. 
The perimeter of the fill should be provided with a vegetative setback or other means to prevent erosion.
5. 
Uses of dredge material that can benefit shoreline resources are to be addressed through implementation of regional interagency dredge material management plans and watershed planning.
6. 
Dredging of bottom materials for the primary purpose of obtaining fill, material should be prohibited.
B. 
Regulations.
1. 
Regulations – Fill and Excavation.
a. 
Fill placed waterward of the OHWM is prohibited except for the following instances.:
(1) 
Water-dependent use;
(2) 
Public access;
(3) 
Clean-up and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
(4) 
Disposal of dredged material in accordance with a DNR Dredged Material Management Program; and,
(5) 
Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline (if alternatives to fill are shown not to be feasible).
b. 
Fill waterward of the OHWM shall be permitted for ecological restoration and enhancement projects, provided the project is consistent will all other provisions of this program.
c. 
Fill is prohibited within the Puyallup River, except for environmental remediation and habitat improvement projects.
d. 
Fill and excavation shall be considered only where such construction can be integrated with the existing shoreline.
e. 
Fill and excavation shall not be authorized unless a specific use for the site has been evaluated and permitted; speculative fill and excavation shall be prohibited in all Shoreline Districts.
f. 
Applications for fill or excavation shall address methods which will be used to minimize damage of the following types:
(1) 
Biota:
(a) 
Reduction of habitat;
(b) 
Reduction of feeding areas for shellfish, fishlife, and wildlife;
(c) 
Reduction of shellfish, fishlife, and wildlife reproduction areas; and
(d) 
Reduction of fish migration areas.
(2) 
Physical:
(a) 
Alteration of local current;
(b) 
Wave damage;
(c) 
Total water surface reduction;
(d) 
Navigation restriction;
(e) 
Impediment to water flow and circulation;
(f) 
Reduction of water quality;
(g) 
Loss of public access;
(h) 
Elimination of accretional beaches;
(i) 
Erosion; and
(j) 
Aesthetics.
g. 
All perimeters of fills shall use vegetation, retaining walls, or other means for erosion control.
h. 
Only materials that comply with State Water Quality Standards may be used in permitted fill projects.
i. 
Dust control measures, including plants and vegetation where feasible, shall be taken in all fill and excavation projects.
2. 
Regulations – Dredging and dredge material disposal.
a. 
Dredging and dredge material disposal shall avoid or minimize significant ecological impacts; impacts that cannot be avoided shall be compensated for to achieve no net loss of ecological functions.
b. 
Dredging to establish, expand, relocate, or reconfigure navigation channels are permitted only where needed to accommodate existing navigational uses and then only when significant ecological impacts are minimized or compensated for.
c. 
New non-water-dependent development that would result in the need for new dredging shall be prohibited.
d. 
Dredge disposal within river channel migration zones is prohibited.
e. 
Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing channels and basins at their authorized location, depth, and width.
f. 
Deposit of dredge materials shall only be permitted in an approved disposal site, for habitat improvement, to correct material distribution problems which are adversely affecting fish and shellfish resources, where land deposition would be more detrimental to shoreline resources than water deposition, as a cap for contaminated sediments, or a fill used in conjunction with an approved environmental remediation project. Where deposit of dredge material is allowed upland, it shall avoid critical areas and/or buffers and wildlife habitat and be subject to the regulations of fill in TSMP Section 19.08.030B.1.
g. 
Dredging of bottom materials for the primary purpose of obtaining fill materials shall not be permitted, except for projects associated with MTCA or CERCLA habitat restoration, or any other significant restoration effort approved by a Shoreline Conditional Use Permit. In such cases, placement of fill must be waterward of the OHWM.
h. 
Returned water from any dredge material disposed of on land shall meet all applicable water quality standards in accordance with applicable water quality regulations.
i. 
Sides of dredged channels for port and industrial use shall be designed and constructed to prevent erosion and permit drainage.
j. 
On-site containment facilities shall only be permitted in the “S 10” Port Industrial Area Shoreline District, where such on-site containment facilities shall be conditional uses.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.3.)
Clearing and grading are activities associated with developing property for a particular use including commercial, industrial, residential, or public use. Specifically, “clearing” involves the destruction or removal of vegetation, including but not limited to, root material removal and/or topsoil removal. “Grading” involves the physical alteration of the earth's surface and/or surface drainage pattern by either re-contouring, excavating or filling.
Although clearing may not always be considered “development” that triggers a substantial development permit, clearing and vegetation removal as activities that impact shoreline resources are regulated in order to achieve the design goals and objectives of the Shoreline Management Act.
A. 
Policies.
1. 
Clearing and grading should only be allowed in the shoreline in conjunction with a permitted use or development, unless otherwise allowed in this Program.
2. 
Disturbance to and removal of native soils should be minimized within shorelines.
3. 
Uses and site design should incorporate protection or reestablishment of the maximum amount of native vegetation on a particular site.
4. 
Vegetation that is removed as part of a permitted use should be reestablished within a required critical area and/or buffer.
B. 
Regulations.
1. 
Clearing and grading activities shall only be permitted as an element of development for an authorized activity, a restoration action, or as otherwise permitted in this Program.
2. 
All clearing and grading activities shall achieve no net loss of ecological functions.
3. 
All clearing and grading activities shall meet the following standards:
a. 
All clearing and grading activities shall be limited to the minimum necessary for the intended development;
b. 
All clearing and grading activities shall protect shoreline critical areas and their buffers consistent with TSMP Section 19.06.040;
c. 
Exposed soils shall be immediately developed or re-vegetated to prevent erosion;
d. 
Exposed soils must be replanted such that complete coverage of exposed soils is attained within one growing season, or otherwise stabilized using mulch or other BMPs;
e. 
In all cases where clearing is followed by re-vegetation, native plants shall be required, unless an alternative is specifically authorized;
f. 
No chemical pesticide and chemical fertilizer applications shall be allowed;
g. 
Removal of noxious weeds and/or invasive species shall be incorporated in vegetation management plans, as necessary, to facilitate establishment of a stable community of native plants; and
h. 
The moisture holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltration capacity on all areas of the project area not covered by impervious surfaces.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.4.)
Shoreline ecological restoration and enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. Mitigation for project impacts is not necessarily included in this section.
A. 
Policies.
1. 
Ecological restoration and enhancement actions are encouraged in all shoreline districts, and are considered to be consistent with all kinds of uses, including residential, commercial, and industrial, provided that both are designed sensitively.
2. 
Ecological restoration and enhancement actions should be approached on a watershed basis, and should seek to promote an ecosystem or landscape approach to provide functioning and sustainable habitats.
3. 
Ecological restoration and enhancement actions should be based on sound scientific principles.
4. 
Ecological restoration and enhancement actions should be focused on sites with low possibilities of contamination.
5. 
Ecological restoration and enhancement actions should be integrated with other regulatory efforts, including environmental remediation, source control, and site development actions, as well as long-range planning activities.
6. 
Where ecological restoration and enhancement are proposed as mitigation measures, a nexus should be established between the impacted and proposed habitat, considering habitat type, size, functions, and values, and connection to the larger ecosystem.
7. 
The environmental quality of Commencement Bay, its associated waterways, and the Puyallup River watershed, including all nearshore and adjacent upland areas, should be improved through comprehensive cleanup strategies, including priorities for identification of contaminated sites; source control of contaminated sites; coordination with the Environmental Protection Agency, the Washington Department of Ecology, and other agencies to ensure the most comprehensive, timely and cost-effective cleanup actions.
8. 
The City should seek to protect ecological restoration and enhancement projects in perpetuity.
9. 
The goals and objectives of the Restoration Plan in Appendix A should be considered for all restoration and conservation projects as well as the Programmatic Restoration Opportunities within the functional analysis of the subject reach in the 2007 Shoreline Characterization and Inventory.
10. 
Restoration and enhancement may take place as a stand-alone project or as a required element of a larger development proposal. In either case the following should be achieved as is feasible:
a. 
Non-native vegetative species should be eliminated and soil amendments should be made including mulching to help establish new native vegetation;
b. 
Installation of native vegetation should be an appropriate mix of deciduous, conifer, under-story and groundcover species that are capable of achieving substantial water body shading, provide food sources for a variety of species, enhance and connect to habitat corridors and slow movement of groundwater and sheet-flow towards the water body;
c. 
Introduction of LWD to the water body is encouraged, but should not adversely impact fish passage or hydrologic function; and
d. 
Design and implementation of restoration projects that alter the location of the OHWM should not negatively impact abutting or proximate (third party) property owners, compromise the integrity or threaten the loss of existing structures, transportation routes, public access areas or cause significant additional erosion.
B. 
Regulations.
1. 
Ecological restoration and enhancement shall be approached on a watershed basis and shall seek to promote an ecosystem or landscape approach, including integrating projects into their surrounding environments and promoting greenbelts for movement and use by species.
2. 
To the greatest extent feasible, ecological restoration and enhancement projects shall be protected in perpetuity. If future development proposes to impact existing ecological restoration and enhancement sites, it must be demonstrated that there are no practicable alternatives to avoid adverse impacts, and further, that adequate mitigation is provided to address unavoidable losses.
3. 
Ecological restoration and enhancement actions shall demonstrate that they are based on sound scientific principles and are compatible with the functions of nearby restoration and enhancement sites.
4. 
Environmental remediation activities shall utilize cleanup options which will not pose a threat to human health or the environment. Said cleanup options shall be compatible with adjacent and existing land uses.
5. 
Restoration projects that are within critical areas, shorelines or their required buffers are allowed subject to the applicable requirements within this Program.
6. 
Restoration projects that achieve the objectives within the Shoreline Restoration Plan, Appendix A shall have priority over other restoration projects.
7. 
Restoration projects shall be designed such that there are no adverse impacts on ecological resources or functions within the same watershed or sub-drainage.
8. 
Restoration projects shall include a maintenance and monitoring plan, as well as a contingency plan in the event that said project does not achieve its intended objective. The maintenance and monitoring plan shall be consistent with the requirements in TSMP Section 19.06.040D, but does not require a bond.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.5.)
Moorage facilities refer to piers, wharves, docks, floats, mooring buoys and other structures (either fixed or floating), to which vessels may be secured. Where piers, wharves, docks, and floats are proposed for purposes other than moorage, for example a fishing pier, the structure shall be subject to the policies and standards of this section, where applicable.
A. 
Policies.
1. 
Moorage facilities should be designed to minimize interference with public use of the water and shoreline. Whenever possible, the design should enhance public access.
2. 
Multiple use and expansion of existing facilities is preferred over development of new facilities. New developments should demonstrate public benefit.
3. 
Mooring facilities should be design and located to protect significant public views and to minimize view impacts from adjacent properties.
4. 
Moorage facilities should be constructed so as to not obstruct or impair the navigational use of surface waters.
5. 
The cooperative use of moorage facilities is encouraged. Priority should be given to community facilities in all waterfront development where appropriate.
6. 
Environmental impact, navigational impact, waste disposal, oil and gas spillage, parking availability, and the impact on adjacent lands should be considered in evaluating requests for projects involving the construction of moorage facilities.
7. 
Moorage facilities should conform to the Washington Department of Fish and Wildlife development criteria.
8. 
Pier and dock construction should be limited to the minimum size necessary to meet the needs of the proposed water-dependent use.
9. 
Encourage the consideration of mooring buoys in place of piers, docks and floats.
10. 
Allow mooring buoys for transient boaters as a means to encourage economic development and recreation. Designated mooring buoys provide boaters with an alternative to anchoring in critical eelgrass beds.
11. 
Prohibit mooring buoys where sufficient dock facilities exist.
12. 
Ensure that mooring buoy fields are located, designed and operated so as to be compatible with adjacent uses and protect the aesthetic qualities of the shoreline environment.
13. 
Ensure that mooring buoys are located, designed, constructed, and operated in a manner that will minimize damage to sensitive ecological areas such as eelgrass beds, except where the impacts of the mooring buoys will replace existing and ongoing practices that cause greater ecological degradation.
14. 
The use of pilings made of materials other than treated wood or creosote should be required.
15. 
Non-commercial structures should be encouraged to be built perpendicular rather than parallel to the shoreline.
16. 
Open pile structures are encouraged where:
a. 
Shore trolling is important;
b. 
There is significant longshore drift;
c. 
Scenic values are not impaired;
d. 
Damage to marine resources can be minimized; and
e. 
Alterations to the existing shoreline are minimized.
17. 
Floating docks are encouraged where:
a. 
Longshore drift is not significant;
b. 
They will not interfere with fishing or recreational boating; and
c. 
Non-biodegradable materials are used in structures.
B. 
Regulations.
1. 
General regulations.
a. 
There shall be no net loss of ecological functions as a result of development of moorage facilities and associated recreational opportunities.
b. 
Moorage facilities shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, public navigation of public waters, as well as adjacent shoreline or water uses.
c. 
Extended moorage on waters of the State without a lease or permission is prohibited.
2. 
Mooring buoys and mooring buoy fields.
a. 
Mooring buoys and mooring buoy fields shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses.
b. 
Mooring buoy fields shall provide for adequate upland support facilities (e.g., restrooms, dumpsters, etc.).
c. 
The buoy system shall be adequate to withstand the maximum expected physical stress that the environment and moored craft will place on the buoy.
d. 
New mooring buoys shall not significantly interfere with navigation.
e. 
New mooring buoys shall demonstrate compliance with mitigation sequencing techniques. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of function necessary to sustain shoreline resources.
3. 
Piers, wharves, docks and floats.
a. 
New piers, wharves, docks, and floats may be permitted only for water-dependent uses or public access and shall be restricted to the minimum size necessary to serve a proposed water-dependent use.
b. 
Design and construction of all piers, wharves, docks, and floats is required to avoid, minimize, and mitigate for impacts to ecological processes and functions and to be constructed of approved materials.
c. 
Pilings for newly constructed piers, wharves, docks, and floats shall be of materials other than treated wood or creosote. The afore cited prohibition does not apply to fender systems, mooring bollards, dolphins, batter walls or wing walls; nor wood treatments deemed acceptable in the future by State and Federal agencies with expertise. For replacement of the pilings in an existing pier, wharf, dock, or float, materials other than treated wood shall be used unless extreme adverse economic or engineering impacts can be demonstrated. The exceptions listed above also apply to this limitation.
d. 
In-water fixed platform structures supported by piles that do not abut the shoreline shall be prohibited.
e. 
Noncommercial piers, wharves, docks, and floats shall be constructed perpendicular to the shoreline where practicable.
f. 
Pier, wharf, dock, and float facilities shall be equipped with adequate lifesaving equipment such as life rings, hooks, and ropes.
g. 
When plastics or other non-degradable materials are used in the construction of piers, wharves, docks, and floats, the materials shall be safely contained.
h. 
Piers, wharves, docks, and floats shall be constructed so as to avoid or minimize impairment of views from existing uses or structures on neighboring properties.
i. 
Piers, wharves, docks, and floats shall be constructed so as not to interfere with or impair the navigational use of surface water.
j. 
When piers, wharves, docks, and floats are removed, the site shall be restored.
k. 
Piers, wharves, docks, and floats shall be designed and constructed to minimize interference with public use of the water and shoreline. The design of piers, wharves, docks, and floats should enhance public access and shall include access, unless access is incompatible with a water-dependent or single-family use.
4. 
Covered moorage.
a. 
Legally permitted covered moorage and boathouses that were in lawful existence as of December 1, 2011, may continue as permitted/conforming structures subject to the requirements of this Master Program and the following restrictions:
(1) 
Existing covered moorage and boathouses shall not increase overwater coverage;
(2) 
All work and materials shall be performed using Best Management Practices (BMPs);
(3) 
Existing structures may be repaired and maintained provided the amount of cover does not increase and light transmission is improved to meet state and federal standards;
(4) 
Walls and fences for covered moorage shall be prohibited above deck or float level, except that handrails which are open in nature and not higher than 42 inches above the deck or float may be permitted; and,
(5) 
Existing covered moorage and boathouses may be relocated and reconfigured within an approved marina if the relocation and reconfiguration does not result in an increase in overwater coverage and the new location results in an improvement to shoreline ecological functions.
b. 
New covered moorage for boat storage and new overwater boat houses shall be prohibited.
c. 
Covered over-water 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.
5. 
Moorage facilities associated with residential uses.
a. 
Docks associated with single family residences are defined as water-dependent uses provided they are designed and intended as a facility for access to watercraft.
b. 
If permitted under this Program, no more than one (1) dock/pier and one (1) float and one (1) boat/ski lift may be permitted on a single lot owned for residential use or private recreational use.
c. 
The length of docks and piers accessory to residential use/development shall be no greater than that required for safety and practicality for the residential use. The maximum length for residential docks or piers shall be limited to sixty (60) feet as measured horizontally from the ordinary high water mark. The maximum width for residential docks or piers shall be limited to six (6) feet. The Director may approve a different dock or pier length when needed to:
(1) 
Avoid critical saltwater habitats; or
(2) 
Reach adequate depths to accommodate watercraft; or
(3) 
Accommodate shared use.
d. 
Docks serving four or fewer single family residences shall be permitted only when a specific need is demonstrated.
e. 
New residential developments of more than two dwellings shall provide joint-use or community docks, rather than individual docks.
(Ord. 28612 Ex. A, 2019-09-24, previously codified as TSMP Section 8.6.)