City of North Bend, WA Article IV Use-specific And Modification Regulations

§ 14.20.340 Agriculture.

A. Existing agricultural uses and future agriculture-recreation activities on the Tollgate and Meadowbrook Farms shall be allowed.

B. For shorelands used for agricultural practices, new or additional uses, activities, and development that are not existing and ongoing agriculture shall be subject to the following requirements:

1. Such uses, activities, and development shall be allowed or permitted in a manner to ensure maintenance of ecological functions.

2. Vegetation enhancement shall be required where the shoreline has been ecologically degraded.

3. If the new use, activity, or development is more intensive than the existing and ongoing agriculture, no significant vegetation removal, development, or grading shall occur in the shoreline buffer except as necessary to accommodate low-intensity water-dependent uses and public access that sustains ecological functions.

4. New agricultural lands created by diking, draining, or filling wetlands or channel migration zones shall not be allowed.

C. A substantial development permit shall be required for all agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).

D. SMP provisions shall apply in the following cases:

1. New agricultural activities on land not meeting the definition of agricultural land;

2. Expansion of agricultural activities on nonagricultural lands;

3. Conversion of agricultural lands to other uses;

4. Other development on agricultural land that does not meet the definition of agricultural activities; and

5. Agricultural development and uses not specifically exempted by the Act.

E. New nonagricultural activities proposed on agricultural lands shall be consistent with the environment designation and the shoreline use and modification matrix (NBMC § 14.20.270) table, as well as other applicable shoreline use standards, for example commercial or industrial.

F. Agricultural uses and development in support of agricultural uses shall be located and designed to assure no net loss of ecological functions and no significant adverse impact on other shoreline resources and values.

G. Agricultural uses and activities shall prevent and control erosion of soils and bank materials within shoreline areas. They shall minimize siltation, turbidity, pollution and other environmental degradation of watercourses and wetlands.

H. Agricultural chemicals, such as fertilizers and pesticides, shall be applied in a manner that prevents their direct runoff into waterbodies, wetlands or aquifer recharge areas, and that prevents the degradation of water quality, and in accordance with State Department of Fish and Wildlife management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency.

I. New or redeveloped agricultural activities shall provide a buffer of permanent native vegetation between all cropland or pasture areas and adjacent waters or wetlands pursuant to the critical areas provisions in Chapter 14.06 NBMC.

J. Agricultural development shall conform to applicable state and federal policies and regulations.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.350 Aquaculture.

A. Noncommercial aquaculture undertaken for conservation or native species recovery purposes is a preferred use within North Bend's shorelines. Allowed fisheries enhancement uses shall include hatcheries, rearing ponds, spawning channels, water diversion structures, and groundwater wells; provided, that their construction does not result in a net loss of ecological function.

B. Aquaculture for nonnative species or for commercial or other purposes is prohibited in shoreline jurisdiction.

C. Proponents of an aquaculture use or activity shall supply, at a minimum, the following information in their application for shoreline permit(s):

1. Species to be reared;

2. Aquaculture method(s);

3. Anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals, and their predicted adverse impacts;

4. Harvest and processing method and timing;

5. Method of waste management and disposal;

6. Best available background information and probable adverse impacts on water quality, biota, and any existing shoreline or water uses;

7. Method(s) of predator control;

8. A description of the proposed use of lights and noise-generating equipment, and an assessment of adverse impacts upon surrounding uses; and

9. Other pertinent information as required by the city.

D. Aquacultural activities shall meet all applicable federal, state and county standards and regulations.

E. No garbage, wastes or debris shall be allowed to accumulate upon the site of any aquaculture use or activity, nor discharged to any waterbody regulated by this SMP.

F. No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals shall be used until approved by all appropriate state and federal agencies. Those agencies shall include, but shall not be limited to, the Washington State Departments of Fish and Wildlife, Agriculture, and Ecology, and the U.S. Food and Drug Administration. Evidence of such approval shall be submitted to the city.

G. Aquaculture structures and equipment that come in contact with the water shall contain no substances that are toxic to aquatic life, and aquaculture activities that would degrade water quality shall be prohibited.

H. Aquaculture activities shall be subject to conditioning and requirements for mitigation to ensure that it does not result in a net loss of ecological function.

I. Aquaculture projects shall be located in areas that do not impact navigation, public access, or normal public use of the water.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.360 Boating facilities.

A. General.

1. Overwater structures, such as fixed-pile piers or floating docks, are prohibited.

2. Boat moorage is prohibited.

3. The only boating facilities allowed on city of North Bend shorelines are public, commercial or community boat launches for nonmotorized vessels, such as kayaks and canoes.

4. Boating facilities shall be located and designed with the minimum necessary shoreline stabilization to adequately protect facilities.

B. Location Standards.

1. New boating facilities shall not be permitted:

a. Within channel migration zones;

b. Where a flood hazard will be created or expanded; or

c. Where adverse impacts on shoreline ecological functions and processes cannot be mitigated.

2. Boating facilities shall be located at least 50 feet from the mouth of any fish-bearing tributary entering the Middle or South Fork Snoqualmie Rivers.

3. Boating facilities constructed or expanded after January 17, 2013, within wetlands or wetland buffers are prohibited.

4. Boating facilities constructed or expanded after January 17, 2013, shall be located only where adequate utility services and vehicular or pedestrian access are or can be made available.

C. Design Standards.

1. Boat launches shall comply with the critical area regulations of Article IV of the SMP.

2. Boat launches shall be constructed on existing grade and shall limit fill or dredging to the minimum necessary to accommodate the launch. Excavation or fill of less than 10 cubic yards of materials to accommodate launch placement may be allowed if the grading would enable use of a launch ramp design that is more preferred as outlined in subsection (C)(7) of this section than the method that would be used without the grading.

3. Boat launches shall extend into the waterway the minimum amount necessary to launch the nonmotorized vessels. In no case shall they protrude more than 10 feet waterward of the OHWM or three feet beneath the water surface as measured at the OHWM.

4. Boat launches must be as narrow as feasible to launch the intended watercraft.

5. Boat launches shall not obstruct existing or proposed public access to and along the shoreline.

6. Boat launches shall retain native vegetation on either side of the launch. The shoreline administrator shall have the authority to identify modifications in the site plan to achieve vegetation preservation.

7. Preferred launch ramp designs, in order of priority, are:

a. Gravel and cobble materials, or other natural surfacing.

b. Open grid designs with minimum coverage of substrate.

c. Precast concrete planks with segmented pads and flexible connections that leave space for natural substrate and can adapt to changes in substrate profile. In all cases, such segmented pads shall be used waterward of the OHWM.

d. Concrete is preferred over asphalt.

D. Site Design and Operation.

1. BMPs shall be utilized to prevent pollutants associated with upland boat-related service activities, such as boat maintenance and repair, from reaching the water. Boat maintenance and repair activities conducted while a boat is in the water are prohibited.

2. Accessory uses at boat launches shall be limited to water-oriented uses or accessory uses that support the boat launch operation. Accessory uses include, but are not limited to, parking, boat storage, nonhazardous waste storage and treatment, stormwater management facilities, and utilities where these are necessary to support the water-oriented use. Parking, dry moorage, and other storage areas shall be located landward of other launch ramp uses, except for short-term loading areas which shall be located at or near launch ramps. The perimeters of these areas shall be landscaped to provide visual and noise buffering between adjacent dissimilar uses or scenic areas. To the maximum extent possible, public launch ramps and accessory uses shall share parking facilities, with parking for launch ramp usage given preference.

3. Commercial long-term boat storage located landward of the OHWM is allowed and regulated as a water-oriented commercial use if the development is equipped with a boat launch. Commercial upland boat storage without an on-site facility for launching boats is regulated as a non-water-oriented commercial use under NBMC § 14.20.380, Commercial development.

4. During development or expansion of boat launches, the city may condition boating facility developments to provide landscaping, screening, signage specifications, and other features to assure compatibility with adjacent shoreline development, where such measures do not interfere with the boat launch use or operation.

E. Waste Disposal.

1. Discharge of solid waste or sewage into a waterbody is prohibited. Garbage or litter receptacles shall be provided and maintained by the boat launch operator in at least one location convenient to users.

2. Disposal or discarding of fish-cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles is prohibited.

F. Submittal Requirements. Applicants for new or expanded boating facilities shall provide habitat surveys, critical area studies, and mitigation plans as required by NBMC § 14.20.290, Environmental Protection, and critical area regulations as integrated by reference by NBMC § 14.20.290, as applicable. The mitigation plan shall discuss how the proposed project avoids and minimizes adverse impacts consistent with the facility's sizing needs, which are to be based on the results of any habitat survey/critical area study. A slope bathymetry map may be required when deemed beneficial by the shoreline administrator for the review of the project proposal.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.370 Groins and weirs.

A. Breakwaters shall be prohibited.

B. New, expanded or replacement groins and weirs shall only be permitted if the applicant demonstrates that the proposed groin or weir will not result in a net loss of shoreline ecological functions, and the structure is necessary to water-dependent uses, public access, shoreline stabilization, or other specific public purpose.

C. Groins and weirs shall require a conditional use permit, except when such structures are installed to protect or restore ecological functions, such as placement of woody debris in streams with the dual purpose of habitat and directing flows to prevent the need for shoreline stabilization or installation of groins that may eliminate or minimize the need for hard shoreline stabilization.

D. Groins and weirs shall be located, designed, constructed and operated consistent with mitigation sequencing principles, including avoiding critical areas, limiting structure size to the minimum necessary, restoring temporarily disturbed areas after construction is complete, and mitigating any long-term adverse impacts.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.380 Commercial development.

A. Water-dependent commercial development shall be given priority over non-water-dependent commercial uses within shoreline environments. Secondarily, water-related and water-oriented uses shall be given priority over non-water-oriented commercial uses.

B. Non-water-oriented commercial uses shall be allowed if they can demonstrate at least one of the following:

1. The commercial use is part of a mixed use project that includes water-dependent uses and provides a significant public benefit with respect to the objectives of the Act.

2. Navigability is severely limited at the proposed site, including opportunities for kayaking or other water-oriented uses.

3. The commercial use is physically separated from the shoreline by another property, public right-of-way or levee.

4. The commercial use is farther upland than 200 feet from the OHWM; therefore, a water-oriented use is not a viable option.

C. Non-water-oriented uses, including but not limited to residential uses, may be located with water-oriented commercial uses provided:

1. The mixed use project includes one or more water-dependent uses.

2. Water-dependent commercial uses as well as other water-oriented commercial uses have preferential locations along the shoreline.

3. The underlying zoning district permits residential uses together with commercial uses.

4. Public access is provided for a significant number of persons in accordance with the city's parks, recreation, wildlife habitat and open space plan and/or ecological restoration is provided as a public benefit.

D. Review Criteria. The city shall utilize the following information in its review of all commercial development applications:

1. Whether there is a water-oriented aspect of the proposed commercial use or activity when it is located within 200 feet of the OHWM;

2. Whether the proposed commercial use is consistent with the shoreline use and modification matrix of NBMC § 14.20.270;

3. Whether the application has the ability to enhance compatibility with the shoreline environment and adjacent uses;

4. Whether adequate provisions are made for public and private visual and physical shoreline access;

5. Whether the application makes adequate provisions to prevent adverse environmental impacts and provide for shoreline ecological or critical area mitigation, where appropriate.

E. Commercial development shall be designed and maintained in a manner compatible with the character and features of surrounding areas. The city may prescribe and modify project dimensions, screening standards, setbacks, or operation intensities to achieve this purpose.

F. Eating and drinking facilities and lodging facilities shall be oriented to provide views to the waterfront when such view is available from the site. When such facilities are farther upland than 200 feet of the OHWM and have no shoreline view available, public access shall be provided according to NBMC § 14.20.320.

G. Commercial uses in downtown retail shopping area shall establish linkage with the South Fork Snoqualmie River whenever feasible by providing public access opportunities.

H. Commercial uses shall provide for public access as a condition of approval, unless such public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline pursuant to NBMC § 14.20.320, Public access.

I. Commercial uses shall provide for suitable measures to rehabilitate and enhance the shoreline ecology as a condition of approval.

J. Non-water-oriented commercial uses shall not be allowed over water in any shoreline environment.

K. All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences and landscaping and to minimize aesthetic impacts.

L. The storage of potentially hazardous or dangerous substances or wastes is prohibited in the floodway or within 200 feet of the OHWM, whichever boundary extends farthest landward.

M. Development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions and without significant adverse impacts on other preferred land uses and public access features.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.390 Dredging and dredge material disposal.

A. General.

1. New development shall be designed and located to avoid or, if infeasible, to minimize the need for new and maintenance dredging and to minimize adverse effects on ecological functions.

2. Dredging shall be allowed only for the following purposes:

a. For shoreline restoration projects benefiting water quality and/or fish and wildlife habitat.

b. For flood hazard reduction, when performed as part of an approved flood hazard management plan.

3. Dredging allowed under subsection (A)(2) of this section that incidentally results in removal of marketable material may be commercially sold. Such use shall not be considered "mining" as regulated in this SMP, which is strictly prohibited in shoreline jurisdiction as a primary use.

4. Dredging to provide for new navigation uses is prohibited.

5. Developments which propose dredging for the primary purpose of obtaining fill material are prohibited, except when the material is necessary for the restoration of ecological functions and is placed waterward of the OHWM. Such an application shall be associated with a Model Toxics Control Act (MTCA) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) habitat restoration project or, if approved through a shoreline conditional use permit, another significant habitat enhancement project.

6. Dredging and dredge material disposal shall be permitted after application of mitigation sequencing, and only where it is demonstrated that the proposed dredging or deposition shall not:

a. Result in significant or ongoing damage to water quality, fish, and shoreline wildlife habitat;

b. Alter natural drainage and water circulation patterns, river flows, and channel migration processes or significantly reduce floodwater capacities; or

c. Cause other significant adverse ecological impacts that cannot be mitigated.

7. Proposals for dredging and dredge material disposal shall, when impacts cannot be avoided, minimize and mitigate adverse impacts (such as turbidity; release of nutrients, heavy metals, sulfides, organic material or toxic substances; dissolved oxygen depletion; disruption of food chains; loss of benthic productivity; and disturbance of fish runs and important localized biological communities) to assure no net loss of shoreline ecological functions. Mitigation plans shall be prepared by a qualified professional.

8. Dredging and dredge material disposal shall be carefully scheduled to protect biological productivity (e.g., fish runs, spawning, benthic productivity).

9. When dredging is permitted, the dredging shall be the minimum necessary to accomplish its intended purpose.

10. Dredging shall utilize techniques which cause minimum dispersal and broadcast of bottom material.

11. Vegetation disturbed by dredging activities shall be restored to its original condition, equal alternative, or an improved condition. All replacement vegetation shall be native species.

12. Dredging and dredge material disposal shall be prohibited on or in archaeological sites that are listed on the Washington State Register of Historic Places until such time that they have been released by the State Archaeologist.

B. Dredge Material Disposal.

1. Upland dredge material disposal within shoreline jurisdiction is permitted under the following conditions:

a. Shoreline ecological functions and processes will be preserved, restored or enhanced, including protection of surface and groundwater; and

b. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts on shoreline ecological functions and processes or property; and

c. The site will ultimately be suitable for a use allowed by this SMP.

2. Dredge material disposal shall not occur in wetlands nor within a stream's channel migration zone, except as authorized by conditional use permit as part of a shoreline restoration project.

3. Dredge material disposal within areas assigned an aquatic environment designation may be approved only when authorized by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 404 (Clean Water Act) permits, Washington State Department of Fish and Wildlife hydraulic project approval (HPA), and/or the dredged material management program of the Washington Department of Natural Resources, and when one of the following conditions apply:

a. Land disposal is infeasible, less consistent with this SMP, or prohibited by law; or

b. Disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible.

4. Dredge materials approved for disposal within areas assigned an aquatic environment designation shall comply with the following conditions:

a. Aquatic habitat will be protected, restored, or enhanced;

b. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated;

c. Shifting and dispersal of dredge material will be minimal; and

d. Water quality will not be adversely affected.

5. When required by the city's shoreline administrator, revegetation of land disposal sites shall occur as soon as feasible in order to retard wind and water erosion and to restore the wildlife habitat value of the site. Native species shall be used in the revegetation.

6. Dredge material disposal operating periods and hours shall be limited to those stipulated by the Washington Department of Fish and Wildlife and hours to 7:00 a.m. to 5:00 p.m. Monday through Friday, except in time of emergency as authorized by the shoreline administrator. Provisions for buffers at land disposal or transfer sites in order to protect public safety and other lawful interests and to avoid adverse impacts shall be required.

C. Submittal Requirements. The following information shall be required for all dredging applications:

1. A description of the purpose of the proposed dredging and analysis of compliance with the policies and regulations of this SMP.

2. A detailed description of the existing physical character, shoreline geomorphology, and biological resources provided by the area proposed to be dredged, including:

a. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry (water depths that indicate the topography of areas below the OHWM) and have data points at a minimum of two-foot depth increments.

b. A critical areas report.

c. A mitigation plan if necessary to address any identified adverse impacts on ecological functions or processes.

d. Information on stability of areas adjacent to proposed dredging and spoils disposal areas.

3. A detailed description of the physical, chemical and biological characteristics of the dredge materials to be removed, including:

a. Physical analysis of material to be dredged (material composition and amount, grain size, organic materials present, source of material, etc.).

b. Chemical analysis of material to be dredged (volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc.).

c. Biological analysis of material to be dredged.

4. A description of the method of materials removal, including facilities for settlement and movement.

5. Dredging procedure, including the length of time it will take to complete dredging, method of dredging, and amount of materials removed.

6. Frequency and quantity of project maintenance dredging.

7. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including, but not limited to:

a. Dredge material disposal area;

b. Physical characteristics including location, topography, existing drainage patterns, surface and groundwater;

c. Size and capacity of disposal site;

d. Means of transportation to the disposal site;

e. Proposed dewatering and stabilization of dredged material;

f. Methods of controlling erosion and sedimentation;

g. Future use of the site and conformance with land use policies and regulations;

h. Total estimated initial dredge volume;

i. Plan for disposal of maintenance spoils for at least a 20-year period, if applicable; and

j. Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.400 Fill.

A. Fill waterward of the OHWM, except fill to support ecological restoration, requires a conditional use permit and may be permitted only when:

1. In conjunction with water-dependent or public access uses allowed by this SMP;

2. In conjunction with a bridge or transportation facility of statewide significance for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist;

3. In conjunction with implementation of an interagency environmental cleanup plan to clean up and dispose of contaminated sediments;

4. Disposal of dredged material considered suitable under, and conducted in accordance with, the dredged material management program of the Washington Department of Natural Resources; or

5. In conjunction with any other environmental restoration or enhancement project.

B. Waterward of the OHWM, pile or pier supports shall be utilized whenever feasible in preference to fills. Fills for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven not feasible.

C. Fill upland and waterward of the OHWM, including in nonwatered side channels, shall be permitted only where it is demonstrated that the proposed action will not:

1. Result in significant ecological damage to water quality, fish, and/or wildlife habitat;

2. Adversely alter natural drainage and circulation patterns, currents, river flows or significantly reduce floodwater capacities;

3. Alter channel migration, geomorphic, or hydrologic processes; and

4. Significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.

D. Fills are prohibited in the floodway, except when approved by conditional use permit and where required in conjunction with uses allowed by this SMP.

E. All fills proposed throughout the floodplain shall only be allowed where consistent with FEMA standards and Chapter 14.12 NBMC, Floodplain Management.

F. Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the fill.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.410 Forest practices.

A. Forest practice applications shall meet all local, state and federal regulations regarding forest practices and land clearing, especially the state's Forest Practices Act for all forest management activities including Class IV, general forest practices, where shorelines are being converted or are expected to be converted to nonforest uses.

B. Conversion of forest lands to another use shall ensure no net loss of ecological function or no significant adverse impacts on other shoreline uses, resources and values such as navigation, recreation and public access.

C. Uses that have minimal impact in terms of vegetation removal shall be given priority. For example, parks and recreational facilities will be given preference over residential or commercial use.

D. Within 200 feet landward of the OHWM within shorelines of statewide significance, only selective commercial timber cutting is allowed, such that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental; provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this SMP may be permitted.

E. Proponents of a forest practice or activity shall supply the following information in their application for shoreline permit:

1. Documentation describing how the activity will protect water quality and meet any applicable standards;

2. Plan for maintaining vegetative buffer strips to protect fish populations and other aquatic life; and

3. Description of other measures to prevent erosion of stream bank.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.420 Industry.

A. Review Criteria. The city shall utilize the following information provided by the applicant in its review of all industrial development applications:

1. Whether the proposal includes water-dependent, water-related, or water-oriented aspects or components of the use or activity;

2. Whether the proposed industrial use is consistent with the use matrix of NBMC § 14.20.270;

3. Whether the proposed industrial use makes adequate provisions for public and private visual and physical shoreline access;

4. Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and

5. Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.

B. Water-dependent, and then water-related, industrial uses shall have priority over non-water-oriented industrial uses, developments, and activities.

C. Applications for new industrial development on the South and Middle Forks of the Snoqualmie River shall demonstrate that the proposed use would not impede navigability of the river by recreational users.

D. Land shall not be designated for industrial use in shoreline areas with severe environmental limitations.

E. Non-water-oriented industrial uses shall be prohibited, unless the proponent provides for public access and shoreline ecological enhancement, and at least one of the following criteria is met:

1. The industrial use is part of a mixed use project that includes water-dependent uses.

2. Navigability by recreational users is severely limited at the proposed site.

3. The use provides a significant public benefit with respect to the objectives of the Act.

4. The industrial use is physically separated from the shoreline by another property, public right-of-way, or levee.

F. The administrator shall condition operational intensities, screening requirements, setbacks or buffers, and other project elements as necessary to preserve the character of the city's shorelines.

G. All loading and service areas shall be located upland of the activity. Loading and service areas shall be screened from adjacent uses to protect the aesthetics of the shoreline.

H. The proponent shall demonstrate by use of the most current, available scientific and technical information that appropriate practices and methods will be utilized in connection with industrial uses and activities to prevent the contamination of nearby waterbodies and any potential adverse impacts on plant, fish and animal life.

I. Industrial development and redevelopment shall be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated.

J. Development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions and without significant adverse impacts on other preferred land uses and public access features.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.430 In-stream structures.

In-stream structures are those structures placed by humans within a stream or river waterward of the OHWM that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. Docks, floats and marinas are not regulated as "in-stream structures" under this section. See NBMC § 14.09.040 for regulations governing road and utility crossings of streams.

A. General.

1. The location, planning and design of in-stream structures shall be compatible with the following:

a. The full range of public interests, including demand for public access to shoreline waters, desire for protection from floods, and need for preservation of historical and cultural resources;

b. Protection and preservation of ecosystem-wide processes and ecological functions, including, but not limited to, fish and wildlife, with special emphasis on protecting and restoring priority habitats and species, and water resources and hydrogeological processes.

2. Structures shall be designed, located, and constructed consistent with mitigation sequencing principles in NBMC § 14.20.290(B) and as otherwise limited by floodplain regulations found in Chapter 14.12 NBMC, Floodplain Management.

3. Structures shall be designed and located to minimize removal of riparian vegetation and, if applicable, to return flow to the stream in as short a distance as possible.

4. In-stream structures shall provide for adequate upstream and downstream migration of resident fish, and shall not adversely affect salmonid fish species or adversely modify salmonid fish habitat.

5. Utilities and transmission lines shall be located so as to minimize obstruction or degradation of views, and comply with applicable provisions of NBMC § 14.20.500, Utilities.

6. Mitigation shall be required of the proponent for the loss of ecological functions and processes pursuant to NBMC § 14.20.290, and consistent with provisions of the critical areas regulation as integrated by reference by NBMC § 14.20.290. No net loss in function, value, or acreage shall occur from such development.

7. In-stream structures may be required to provide public access, provided public access improvements do not create significant ecological impacts or other adverse environmental impacts on and along the affected shoreline, nor create a safety hazard to the public. Public access provisions shall include, but not be limited to, any combination of trails, vistas, parking, and any necessary sanitation facilities. Required public access sites shall be dedicated for public use through fee acquisition or recorded easement or any action that permanently dedicates the sites as public access.

B. Submittal Requirements. In addition to the standard requirements listed in NBMC § 14.20.650, Application requirements, all permit applications for in-stream structures shall contain, at a minimum, the following additional information:

1. A site suitability analysis, which provides sufficient justification for the proposed site. The analysis must fully address alternative sites for the proposed development.

2. Proposed location and design of primary and accessory structures, transmission equipment, utility corridors, and access/service roads.

3. Provision for public access to and along the affected shoreline and proposed recreational features at the site, where applicable.

4. A plan that describes the extent and location of vegetation which is proposed to be removed to accommodate the proposed facility, and any site revegetation plan required by this SMP.

5. A hydraulic analysis prepared by a licensed professional engineer that sufficiently describes the project's effects on stream way hydraulics, including potential increases in base flood elevation, changes in stream velocity, and the potential for redirection of the normal flow of the affected stream.

6. A hydrologic analysis that analyzes the project's effects on ecological processes, including delivery and rate of water and sediment, geomorphology, and recruitment of large woody debris.

7. Biological resource inventory and analysis that sufficiently describes the project's effects on fish and wildlife resources, prepared by a qualified professional as defined in NBMC § 14.20.190.

8. Provision for erosion control, protection of water quality, and protection of fish and wildlife resources during construction.

9. Long-term management plans that describe, in sufficient detail, provisions for protection of in-stream resources during construction and operation. The plan shall include means for monitoring its success.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.440 Mining.

A. Mining shall be prohibited waterward of the OHWM.

B. Mining facilities shall be located within shoreline jurisdiction only when no feasible sites are available outside shoreline jurisdiction, and only after the applicant has demonstrated compliance with the mitigation sequencing requirements of NBMC § 14.20.290(B).

C. Mining in shoreline jurisdiction shall only be approved when the material proposed to be extracted is only available in a shoreline location. This determination shall be based on an evaluation of geologic factors such as the distribution and availability of mineral resources for that jurisdiction; the need for such mineral resources; and economic, transportation, and land use factors. This demonstration may rely on analysis or studies prepared for purposes of comprehensive plan designations, and may be integrated with any relevant environmental review conducted under SEPA (Chapter 43.21C RCW), or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a), as amended.

D. Mining facilities and associated activities shall be designed and located to prevent loss of ecological function. Application for permits for mining operations shall be accompanied by operation plans, reclamation plans and analysis of environmental impacts sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation. Creation, restoration, or enhancement of habitat for priority species and the future productivity of the site may be considered in determining no net loss of ecological functions.

E. Preference shall be given to mining uses that result in the creation, restoration, or enhancement of habitat for priority species.

F. Mining proposals must be coordinated and compliant with state Surface Mining Reclamation Act requirements (Chapter 78.44 RCW, Chapter 332-18 WAC).

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.450 Recreational development.

A. General Preferences.

1. Recreational uses and facilities shall include features that relate to access, enjoyment, and use of the water and North Bend's shorelines.

2. Both passive and active shoreline recreation are allowed that are consistent with the city's parks, recreation, wildlife habitat and open space plan and Si View Metropolitan Park District comprehensive plan.

3. Water-oriented recreational uses and activities are preferred in shoreline jurisdiction. Water-dependent recreational uses shall be preferred as a first priority and water-related and water-enjoyment recreational uses as a second priority.

4. Existing passive recreational opportunities, including nature appreciation, nonmotorized trails, environmental interpretation and native habitat protection, shall be maintained.

5. Preference shall be given to the development and enhancement of public access to the rivers to increase fishing, kayaking and other water-related recreational opportunities.

B. General Performance Standards.

1. The potential adverse impacts of all recreational uses shall be mitigated and adequate provisions for shoreline rehabilitation shall be made part of any proposed recreational use or development to ensure no net loss of shoreline ecological function.

2. Sites with fragile and unique shoreline conditions, such as high-quality wetlands and wildlife habitats, shall be used only for nonintensive recreation activities, such as trails, viewpoints, interpretive signage, and similar passive and low-impact facilities that result in no net loss of shoreline ecological function, and do not require the construction and placement of permanent structures.

3. For recreation developments that require the use of fertilizers, pesticides, or other toxic chemicals, the proponent shall submit plans demonstrating the BMPs to be used to prevent these applications and resultant leachate from entering adjacent waters. The proponent also shall not apply such chemicals closer than 100 feet to delineated wetlands or the OHWM of the South and Middle Forks of the Snoqualmie River.

4. Recreational developments shall be located and designed to preserve, enhance or create scenic views and vistas.

5. In approving shoreline recreational developments, the city shall ensure that the development will maintain, enhance, or restore desirable shoreline features including unique and fragile areas, scenic views, and aesthetic values. The city may, therefore, adjust or prescribe project dimensions, on-site location of project components, intensity of use, screening, lighting, parking, and setback requirements.

C. Signs indicating the public's right to access shoreline areas shall be installed and maintained in conspicuous locations at all points of access.

D. Recreational developments shall provide facilities for nonmotorized access to the shoreline such as pedestrian and bicycle paths. Provision of new motorized vehicular access shall be prohibited except when necessary to assist maintenance activities.

E. Proposals for recreational developments shall include a landscape plan that utilizes primarily native, self-sustaining vegetation. Other vegetation types are allowed upon review by the shoreline administrator when such facilities are not in a floodplain or within 200 feet of OHWM. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of permitted structures or facilities, and shall be consistent with provisions of NBMC § 14.20.300 and critical area regulations as integrated by reference by NBMC § 14.20.290.

F. Accessory uses and support facilities such as maintenance facilities, utilities, and other non-water-oriented uses shall be consolidated and located in upland areas outside shoreline, wetland, and riparian buffers unless such facilities, utilities, and uses are allowed in shoreline buffers based on the regulations of this SMP.

G. The placement of picnic tables, a playground apparatus, and other similar minor components within the floodways shall be permitted, provided such structures are located and installed in such a manner as to prevent them from being swept away during a flood event.

H. Recreational facilities shall make adequate provisions, such as screening, landscaping buffer strips, fences and signs, to prevent trespass upon adjacent properties and to protect the value and enjoyment of adjacent or nearby private properties and natural areas.

I. No recreational buildings or structures shall be built over any natural body of water.

J. All recreational developments shall make adequate provisions for:

1. Both on-site and off-site pedestrian, bicycle and, where appropriate, equestrian access;

2. Appropriate water supply and waste disposal methods; and

3. Security and fire protection.

K. Structures associated with recreational development shall not exceed 35 feet in height, except for structures in DC, IC or IMU zones according to NBMC § 14.20.280, Development standards, when such structures document that the height beyond 35 feet will not obstruct the view of a substantial number of adjoining residences.

L. Recreational development shall minimize effective impervious surfaces in shoreline jurisdiction and incorporate low-impact development techniques.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.460 Residential development.

A. Single-family residential development is a preferred use when it is developed in a manner consistent with pollution control and preventing damage to the natural environment.

B. Residential development shall be located and constructed to result in no net loss of shoreline ecological function. No net loss of shoreline ecological functions shall be assured through application of shoreline buffers specified in NBMC § 14.20.290(B), streams, to avoid future stabilization and other provisions of this SMP related to shoreline stabilization, vegetation management, and on-site sewage disposal.

C. Lots for residential use shall have a maximum density consistent with the North Bend land use code.

D. Accessory uses and structures shall be located landward of the principal residence, unless the structure is or supports a water-dependent use.

E. All residential development shall be located or designed in such a manner as to prevent measurable degradation of water quality from stormwater runoff. Adequate mitigation measures shall be required and implemented where there is the reasonable potential for such adverse effect on water quality.

F. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences.

G. New floating residences and overwater residential structures shall be prohibited in shoreline jurisdiction.

H. New multi-unit residential development, including duplexes, fourplexes, and the subdivision of land into 10 or more lots shall make adequate provisions for public access consistent with the regulations set forth in Article III of this chapter and NBMC § 14.20.320.

I. All new residential development shall connect with the sewer system.

J. All new residential development shall be required to meet the vegetation management provisions contained in Article III of this chapter, NBMC § 14.20.300, Shoreline vegetation conservation, consistent with critical area regulation as integrated by reference by NBMC § 14.20.290.

K. Residential development clustering may be required by the shoreline administrator where appropriate to minimize ecological and visual impacts on shorelines, including minimization of impacts on shoreline vegetation consistent with NBMC § 14.20.300.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.470 Shoreline habitat and natural systems enhancement projects.

A. Shoreline restoration and ecological enhancement projects shall be permitted in all shoreline environment designations, provided the project's purpose is the restoration of the natural character and ecological functions of the shoreline. Preferred projects include those identified in Snoqualmie 2015: Building for Salmon Recovery and Watershed Health (Snoqualmie Watershed Forum, 2006, or as amended) or the city's shoreline restoration plan (2011, or as amended), and any projects that facilitate removal of artificial restrictions to natural channel migration, restoration of off-channel hydrological connections and return of river processes to a more natural state where feasible and appropriate.

B. Shoreline restoration and enhancement may be allowed if the project applicant demonstrates that no significant change to sediment transport will result and that the enhancement will not adversely affect ecological function, ecosystem-wide processes, properties, or habitat. Restoration activities that damage fish and wildlife resources, degrade recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood stages and velocities are prohibited.

C. All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality.

D. Restoration and enhancement projects shall be designed using the most current, accurate and complete scientific and technical information available, and implemented using BMPs. Applicants should consult manuals produced by the Washington Department of Fish and Wildlife, including but not limited to the Stream Habitat Restoration Guidelines Final Draft (2004, as amended) and Integrated Streambank Protection Guidelines (2002, as amended).

E. Restoration and enhancement shall be carried out in accordance with an approved shoreline restoration plan prepared by a qualified professional (see NBMC § 14.20.190 for complete definition) with experience and education or training in the pertinent discipline and containing the following plan details:

1. Inventory of existing shoreline environment, including the physical, chemical and biological elements and an assessment of their condition;

2. A discussion of any federal, state, or local special management recommendations for species or habitats located on the site that will be incorporated into the plan;

3. A discussion of proposed measures to minimize any temporary adverse impacts of the project to ensure no net loss of shoreline ecological functions;

4. Scaled drawings of existing and proposed conditions, materials specifications, construction sequence, and a five-year maintenance and monitoring plan, including relevant performance standards applicable to all restoration plan components, such as vegetation, large woody debris, or substrate;

5. Contingency plan if the restoration plan fails to meet performance standards included in the restoration plan; and

6. Any additional information necessary to determine the impacts of a proposal and mitigation of the adverse impacts.

F. In limited instances, the city may grant relief from development standards and use regulations within this SMP that result from shoreline restoration projects that cause a landward shift in the extent of shoreline jurisdiction; such relief shall be provided consistent with criteria and procedures in WAC 173-27-215. These criteria include, but are not limited to, the following:

1. Application of regulations within this SMP would preclude or interfere with use of the affected property, where such use would otherwise be permitted by city regulations, thus presenting a hardship to the project proponent;

2. The proposed relief is the minimum necessary to relieve the hardship;

3. After granting the proposed relief, there is net environmental benefit from the restoration project;

4. Where a shoreline restoration project is created as mitigation for a development permit, the project proponent required to perform the mitigation is not eligible for relief under this section; and

5. Application for relief must be approved by the city and must be submitted to Ecology for written approval or disapproval; Ecology submittal and decision procedures shall occur consistent with WAC 173-27-215.

For purposes of this section, "shoreline restoration project" shall mean a project designed to restore impaired ecological function of a shoreline.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.480 Shoreline stabilization.

A. General.

1. These shoreline stabilization regulations apply to the South Fork Snoqualmie River, Middle Fork Snoqualmie River, and all tributaries to those shoreline waterbodies located in shoreline jurisdiction.

2. All shoreline stabilization projects shall comply with mitigation sequencing requirements in NBMC § 14.20.290(B).

3. The feasibility of nonstructural or soft structural shoreline stabilization measures shall be evaluated when new, enlarged or replacement hard structural shoreline stabilization measures are being considered. The appropriate documentation per subsection H of this section shall be submitted to demonstrate that nonstructural and soft structural alternatives have been thoroughly evaluated, and only the softest technique that will accomplish the necessary stabilization shall be approved.

4. When any structural shoreline stabilization measures are demonstrated to be necessary, the size of stabilization measures shall be limited to the minimum necessary.

5. Shoreline stabilization shall be designed so that net loss of ecological functions does not occur and such that stabilization will not degrade instream, upstream, downstream, or cross-stream channel stability.

6. Publicly financed or subsidized shoreline erosion control measures shall not restrict 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. Where feasible, ecological restoration and public access improvements shall be incorporated into the project.

B. New or Enlarged Shoreline Stabilization Structures.

1. New development shall be located and designed to avoid the need for new or enlarged shoreline stabilization.

2. New shoreline stabilization which causes significant adverse impacts on adjacent, upstream, downstream or cross-stream properties and shoreline areas shall not be allowed.

3. Lots shall not be created by the subdivision process if such lots require shoreline stabilization in order to accommodate development.

4. New or enlarged structural stabilization measures shall be allowed in the following circumstances:

a. To protect an existing primary structure, including residences, when conclusive evidence, documented by a geotechnical analysis, is provided that the structure is in danger from erosion caused by shoreline forces. Normal sloughing or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems before considering shoreline stabilization.

b. In support of new non-water-dependent development, including single-family residences, when all of the conditions below apply:

i. The erosion is not being caused by upland conditions, such as drainage or the loss of vegetation.

ii. Nonstructural measures, such as placing the development farther from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to adequately address adverse erosion impacts.

iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by conditions beyond the control of the applicant, such as natural processes.

c. In support of water-dependent development when all of the conditions below apply:

i. The erosion is not being caused by upland conditions, such as drainage, the presence of upstream development, or the loss of vegetation.

ii. Nonstructural measures, such as planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to adequately address erosion causes or adverse impacts.

iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.

d. To protect projects for the restoration of ecological functions or for 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 not sufficient to adequately address erosion causes or adverse impacts.

C. Replacement of Existing Shoreline Stabilization Structures.

1. For purposes of this section, "replacement" means the construction of new shoreline stabilization to perform the shoreline stabilization function of an existing structure which can no longer adequately serve its purpose due to age, deterioration, or increased flood flow rates and volumes. Replacements that include additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.

2. An existing structural stabilization structure may be replaced subject to the following provisions:

a. There is a demonstrated need to protect principal uses or structures from erosion caused by shoreline forces.

b. Replacement hard structural shoreline stabilization measures protecting existing residences shall not encroach waterward of the OHWM or waterward of the existing shoreline stabilization measure 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. All other replacement hard structural shoreline stabilization measures shall be located at or landward of the existing shoreline stabilization structure.

c. Hard shoreline stabilization measures may allow some accessory fill (gravel, cobble or smaller material only) waterward of the OHWM to provide enhancement of shoreline ecological functions through improvements in substrate condition or gradient.

d. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the OHWM.

3. When replacement is allowed pursuant to the provisions of subsection (C)(2) of this section, an existing structural stabilization structure shall be replaced with the softest stabilization measure that will provide the necessary level of stabilization consistent with the findings of the required submittal documents outlined in subsection H of this section.

D. Repair of Existing Shoreline Stabilization Structures.

1. For purposes of this section, "repair" means modifications or improvements to an existing shoreline stabilization structure that are designed to ensure the continued function of the structure by preventing failure of any part.

2. "Repair" shall not include:

a. Additions to or increases in size of existing shoreline stabilization structures. Such additions or increases shall be considered new or enlarged structures.

b. The placement of a new shoreline stabilization structure landward of a failing shoreline stabilization structure. Such placement shall be considered a new structure.

c. Replacement of greater than 50 percent of the linear length of existing shoreline stabilization structure when an existing structure, including its footing or bottom course of rock, is removed prior to placement of new shoreline stabilization materials (repairs that involve only removal of material above the footing or bottom course of rock are not considered replacement). Such activity must be designed and reviewed as a replacement structure.

E. General Design and Construction Standards.

1. Areas of temporary disturbance within the shoreline buffer shall be stabilized within seven days of project completion, and revegetated within 30 days using plant species that will return the area to its preproject condition or better.

2. Soft shoreline stabilization structures shall be used to the maximum extent practicable for new, enlarged, and replacement of legally established shoreline stabilization structures, limiting hard shoreline stabilization structures to the portion or portions of those sites determined necessary to protect or support existing shoreline structures or trees, or where necessary to connect to existing hard structural shoreline stabilization structures on adjacent properties. Hard structural shoreline stabilization transition areas between the applicant's otherwise soft shoreline structure and the adjacent hardened shoreline, when needed on the subject property to prevent destabilization of adjacent hardened shorelines, shall be minimized and extend into the subject property from the property line no more than 10 feet.

3. For enlarged or replacement shoreline stabilization structures, the following location and design standards are preferred in descending order:

a. Conduct excavation and fill activities associated with the structural shoreline stabilization landward of the existing OHWM except as authorized above.

b. Where subsection (E)(3)(a) of this section is not practicable because of overriding safety or environmental concerns, conduct necessary excavation and fill activities waterward of the existing OHWM as needed to implement a soft structural shoreline stabilization technique or to mitigate the adverse impacts of adjacent hard structural shoreline stabilization.

4. All shoreline stabilization activities shall minimize and mitigate any adverse impacts on ecological functions resulting from short-term construction. Impact minimization techniques may include compliance with appropriate timing restrictions, use of BMPs to prevent adverse water-quality impacts related to upland or in-water work, and stabilization of exposed soils following construction.

5. New and enlarged shoreline stabilization structures shall mitigate any adverse impacts on ecological functions by incorporating the following measures, at a minimum, if appropriate for local conditions:

a. Restoration of appropriate substrate conditions waterward of the OHWM, including substrate composition and gradient. The material should be sized and placed to remain stable during a two-year flood event.

b. Plant native riparian vegetation, as necessary, along at least 75 percent of the shoreline frontage affected by the new or enlarged stabilization. The vegetated portion of the shoreline buffer shall average 10 feet in depth from the OHWM, but may be a minimum of 10 feet wide to allow for variation in landscape bed shape and plant placement. Restoration of native vegetation shall consist of a mixture of trees, shrubs, and ground cover and be designed to improve habitat functions. At least six trees per 100 linear feet of shoreline must be included in the plan. Plant materials must be native to King County. An alternative planting plan or mitigation measure in lieu of meeting these requirements may be allowed if approved by other state and federal agencies.

6. The shoreline stabilization structure shall not interfere with normal surface and/or subsurface drainage into the waterbody.

7. Shoreline stabilization structures shall not extend waterward of the OHWM, except for shoreline stabilization which enhances shoreline ecological functions or is allowed under subsection (C)(2)(b) of this section.

8. When repair or replacement shoreline stabilization structures intended to improve ecological functions shift the OHWM landward of the premodification location, any buffers from the OHWM or lot area for the purposes of calculating lot coverage shall be measured from the premodification location. The premodification OHWM shall be noted in a record of survey approved by the city of North Bend and recorded at the King County recorder's office.

9. Repair or replacement shoreline stabilization measures which relocate the OHWM landward of the premodification location, and result in an expansion of the shoreline jurisdiction on any property other than the subject property, shall not be approved until the applicant submits a copy of a statement signed by the legal owners of all affected properties, on a form approved by the city of North Bend and recorded at the King County recorder's office, consenting to the shoreline jurisdiction creation and/or increase on such property.

10. The use of car bodies, scrap building materials, or any other form of solid waste for shoreline stabilization is prohibited. Organic materials normally used for habitat enhancement or bioengineering methods shall not be considered solid waste under this provision.

11. Proponents shall mitigate for any adverse impacts on ecological functions, and shall restore all fish or wildlife habitat damaged or degraded as a result of their project. Where applicants demonstrate that restoration is not feasible, adverse impacts shall be mitigated with the creation of in-kind habitat near the project.

12. All soft structure shoreline stabilization projects and mitigation for hard structural shoreline stabilization projects shall use an appropriately diverse variety of self-sustaining native plant materials including trees, shrubs and grasses, unless demonstrated to be impractical for the particular site.

13. All cleared areas shall be replanted following construction and vegetation shall be fully reestablished within three years. Cleared areas shall continue to be replanted until such time as vegetation is adequately reestablished.

14. Shoreline stabilization projects shall be periodically monitored and maintained as necessary. Damaged areas shall be promptly repaired.

15. All construction and planting activities shall be scheduled to minimize impacts on water quality and fish and wildlife aquatic and upland habitat and to optimize survival of new vegetation.

F. Design and Construction Standards for Soft Shoreline Stabilization Structures.

1. The soft structural shoreline stabilization design shall provide sufficient protection of adjacent properties by tying in with the existing contours of the adjoining properties to prevent erosion at the property line. Projects that include necessary use of hard structural shoreline stabilization measures only near property lines in order to tie in with adjacent properties shall be permitted as soft shoreline stabilization measures. The length of hard structural shoreline stabilization transition area to adjacent properties should be minimized to the maximum extent practicable, and extend into the subject property from adjacent properties no more than 10 feet. The hard structural shoreline stabilization transition area shall not extend waterward of the OHWM, except as necessary to make the connection to the adjoining stabilization, and shall not extend onto the adjacent property.

2. The soft shoreline stabilization design shall size and arrange any gravels, cobbles, logs, and boulders so that the project remains stable during a two-year flood event.

3. The sizing and placement of all materials shall be selected to accomplish the following objectives:

a. Protect the primary structures from erosion and other damage over the long term and accommodate the normal amount of alteration from shoreline forces; and

b. Allow safe passage and migration of fish and wildlife.

G. Design and Construction Standards for Hard Structural Shoreline Stabilization Structures.

1. All new, enlarged, or replacement hard structural shoreline stabilization structures should minimize any long-term adverse impacts on ecological functions by incorporating the following measures into the design:

a. Limiting the size of hard shoreline stabilization structures to the minimum necessary to protect existing upland development, including length, height, depth, and mass.

b. Shifting the hard shoreline stabilization structures landward and/or sloping the hard shoreline stabilization structures landward to provide some dissipation of energy and increase the quality or quantity of habitat.

2. When hard structural shoreline stabilization is approved on a site where hard structural shoreline stabilization is not located on adjacent properties, the construction of hard structural shoreline stabilization shall tie in with the existing contours of the adjoining properties, as feasible, such that the proposed stabilization would not cause erosion of the adjoining properties.

3. The following provisions apply when hard structural shoreline stabilization is approved on a site where hard structural shoreline stabilization is located on adjacent properties:

a. The proposed stabilization may tie in flush with existing stabilization measures on adjoining properties; provided, that:

i. The new stabilization does not extend waterward of the OHWM, except as necessary to make the connection to the adjoining stabilization, and

ii. The new stabilization does not extend onto the adjacent property.

b. Where a portion of stabilization extends waterward of the OHWM per subsection (G)(3)(a)(i) of this section, the remaining portion of the stabilization shall be placed landward of the existing OHWM such that no net intrusion into the waterbody occurs nor does net creation of uplands occur.

c. The length of hard structural shoreline stabilization transition area to adjacent properties should be minimized to the maximum extent practicable, and extend into the subject property from adjacent properties no more than 10 feet.

4. Backfill behind hard structural shoreline stabilization intended to protect single-family residences shall be limited to one cubic yard per running foot of stabilization. Any filling in excess of this amount shall be considered a regulated activity subject to the regulations in this SMP pertaining to fill activities and the requirement for obtaining a shoreline substantial development permit or shoreline conditional use permit.

H. Submittal Requirements.

1. For all new, enlarged, or replacement structural shoreline stabilization structures (including soft shoreline stabilization structures), detailed construction plans, including, but not limited to, the following:

a. Plan and cross-section views of the existing and proposed shoreline configuration, showing accurate existing and proposed topography and OHWMs.

b. Detailed construction sequence and specifications for all materials, including gravels, cobbles, boulders, logs, and vegetation.

c. For projects that include native vegetation, a detailed five-year vegetation maintenance and monitoring program to include the following:

i. Goals and objectives of the shoreline stabilization plan;

ii. Success criteria by which the implemented plan will be assessed;

iii. Requirement for at least one site visit per year by a qualified professional; and

iv. Annual progress reports submitted to the shoreline administrator and all other agencies with jurisdiction;

d. A contingency plan in case of failure.

2. For new or enlarged hard or soft shoreline stabilization structures, a geotechnical report prepared by a qualified professional with an engineering license. The report shall include the following:

a. An assessment of the necessity for structural shoreline stabilization by estimating time frames and rates of erosion and reporting on the urgency associated with the specific situation. New hard shoreline stabilization structures shall not be authorized, except when a report confirms that there is a significant possibility that an existing structure will be damaged within three years as a result of shoreline erosion in the absence of such hard shoreline stabilization structures, or where waiting until the need is immediate results in the loss of opportunity to use measures that would avoid adverse impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three years, the report may still be used to justify more immediate authorization to protect against erosion using soft structures.

b. An assessment of the cause of erosion, looking at processes occurring both waterward and landward of the ordinary high water line.

c. An assessment of alternative measures to shoreline stabilization, including:

i. Placing the development farther from the OHWM.

ii. Correcting any on-site groundwater or drainage issues that may be causing shoreline erosion.

d. Where structural shoreline stabilization is determined to be necessary, the assessment must evaluate the feasibility of using soft shoreline stabilization structures in lieu of hard structural shoreline stabilization structures. Soft shoreline stabilization may include the use of gravels, cobbles, boulders, and logs, as well as vegetation.

e. Design recommendations for minimum sizing of hard or soft structural shoreline stabilization materials, including gravel and cobble beach substrates necessary to dissipate wave energy, eliminate scour, and provide long-term shoreline stability.

3. For replacements of existing hard shoreline stabilization structures with a similar hard structure, the applicant shall submit a written narrative providing a demonstration of need. The narrative must be prepared by a qualified professional and shall consist of the following:

a. An assessment of the necessity for continued structural shoreline stabilization, considering site-specific conditions such as water depth, orientation of the shoreline, flow velocities, and location of the nearest primary structure.

b. An assessment of erosion potential resulting from natural processes operating at or waterward of the OHWM in the absence of the hard structural shoreline stabilization.

c. An assessment of alternative measures to shoreline stabilization, including:

i. Relocating the development farther from the OHWM.

ii. Correcting any on-site groundwater or drainage issues that may be causing shoreline erosion.

d. An assessment of the feasibility of using soft shoreline stabilization measures in lieu of hard structural shoreline stabilization measures. Soft structural shoreline stabilization may include the use of gravels, cobbles, boulders, and logs, as well as vegetation.

e. Design recommendations for minimizing adverse impacts of any necessary hard structural shoreline stabilization.

f. A demonstration of need may be waived when an existing hard shoreline stabilization structure is proposed to be repaired or replaced using soft shoreline stabilization structure that would result in significant restoration of shoreline ecological functions or processes.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.490 Transportation – Trails, roads, and parking.

A. New or expanded motor vehicle and rail transportation facilities shall not be located within shoreline jurisdiction, unless:

1. The proponent demonstrates that no feasible upland alternatives exist;

2. The project represents the minimum development necessary to serve another specific, localized, and permitted shoreline use; or

3. In the case of a water crossing, the proponent demonstrates that the project is necessary to further a substantial public interest.

B. When new roads or road expansions are unavoidable in shoreline jurisdiction, proposed transportation facilities shall be planned, located, and designed to achieve the following:

1. Meet mitigation sequencing provisions of NBMC § 14.20.290;

2. Avoid adverse impacts on existing or planned water-oriented uses;

3. Set back from the OHWM to allow for a usable shoreline area for vegetation conservation and any preferred shoreline uses unless infeasible;

4. Minimize grading, vegetation clearing, and alterations of the natural topography; and

5. Use BMPs for preventing erosion and degradation of surface water quality.

C. Improvements to existing motor vehicle and rail transportation facilities shall not interfere with pedestrian and bicycle access, and shall, whenever possible, provide for expansion and enhancement of pedestrian and bicycle transportation facilities.

D. Transportation facilities and services for motor vehicles and rail shall utilize existing transportation corridors whenever possible.

E. The development, improvement, and expansion of pedestrian and bicycle transportation facilities are allowed within all environments. Such transportation facilities are a preferred use wherever they are compatible with the natural character, resources, and ecology of the shoreline, and are consistent with the North Bend's parks, recreation, wildlife habitat and open space plan, and the transportation plan.

F. Pedestrian and bicycle transportation facilities shall be designed, located, and constructed consistent with the policies and regulations for public access as provided in NBMC § 14.20.320.

G. Parking facilities are not a water-dependent use and shall only be permitted in the shoreline jurisdiction to support an authorized use where it can be demonstrated to the satisfaction of the shoreline administrator that there are no feasible alternative locations away from the shoreline. Parking as a permanent and primary use shall not be allowed in any shoreline jurisdiction. Accessory parking facilities shall be subject to the same permit type as the primary use.

H. Accessory parking facilities shall be planned to avoid or minimize adverse effects on unique or fragile shoreline features and shall not result in a net loss of shoreline ecological functions or adversely affect existing or planned water-dependent uses. Parking facilities shall be located upland of the principal structure, building, or development they serve, and preferably outside of shoreline jurisdiction, except:

1. Where the proponent demonstrates that an alternate location would reduce adverse impacts on the shoreline and adjacent uses;

2. Where another location is not feasible; and/or

3. Except when Americans with Disabilities Act (ADA) standards require otherwise.

In such cases, the applicant shall demonstrate use of measures to reduce adverse impacts of parking facilities in shoreline jurisdiction, such as low-impact development techniques, buffering, or other measures approved by the shoreline administrator.

I. Parking facilities shall be landscaped in a manner to minimize adverse visual and aesthetic impacts on adjacent shoreline and abutting properties.

J. All forms of transportation facilities shall, wherever feasible, consolidate water crossings and make joint use of rights-of-way with existing or planned future primary utility facilities and other transportation facility modalities.

K. Improvements to all existing transportation facilities shall provide for the reestablishment and enhancement of natural vegetation along the shoreline when appropriate.

L. If located in the side yard or waterward side of a structure, loading areas shall be screened from view of pedestrians on either side of the waterway. The visual screen shall be composed of a fence or wall with trees and shrubs consistent with city landscape standards.

M. Shoreline crossings and culverts shall be designed to minimize adverse impacts on riparian and aquatic habitat and shall allow for fish passage. See NBMC § 14.09.040 for regulations governing crossings of non-shoreline streams located in shoreline jurisdiction.

N. Trails shall be designed consistent with public access requirements in NBMC § 14.20.320, Public access.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.500 Utilities.

A. Utility production and processing facilities and transmission that are non-water-oriented shall not be allowed in shoreline unless it can be demonstrated that no other practical upland alternative or location exists.

B. The principal use permitted by this section is the North Bend wastewater treatment plant, including sewage collection, holding, transfer and treatment pipelines, tanks, structures, containment facilities, buildings, etc. The following accessory facilities are also permitted:

1. Plant monitoring and control facilities and on-site administrative offices;

2. Plant access and logistical facilities such as storage areas, material handling ramps and facilities, etc., and including utility delivery (electrical, communication, etc.) facilities;

3. Plant security and safety features such as fences, signage, etc.; and

4. Other accessory or auxiliary uses or features, necessary to the effective and efficient operation of the plant and which cannot feasibly be located outside the shoreline jurisdiction.

C. Expansion of existing primary utility facilities within shoreline jurisdiction must demonstrate:

1. The expansion is designed to protect adjacent shorelands from erosion, pollution, or other environmentally detrimental factors during and after construction.

2. The project is planned to fit existing natural topography as much as practical and avoid alteration of the existing natural environment.

3. Debris, overburden, and other construction waste materials shall be disposed of so as to prevent erosion or pollution of a waterbody.

D. Primary utility facilities and expansions shall include provisions to control the quantity and quality of surface water runoff to natural waterbodies, using BMPs to retain natural flow rates. A maintenance program to ensure continued proper functioning of such facilities shall be required.

E. Applications for installation of utility facilities shall include the following (at a minimum):

1. Reason why the utility facility must be in shoreline jurisdiction;

2. Alternative locations considered and reasons for their elimination;

3. Location of the same, similar, or other utility facilities in the vicinity of the proposed project;

4. Proposed method(s) of construction;

5. Plans for reclamation of areas to be disturbed during construction;

6. Landscape plans;

7. Methods to achieve no net loss of ecological function and minimize clearing of native vegetation; and

8. Consistency with city or county comprehensive plans for utilities, where such plans exist.

F. Where feasible, utilities shall be consolidated within a single easement and utilize existing rights-of-way. Any utility located within property owned by the utility provider which must of necessity cross shoreline jurisdiction shall be designed and operated to reserve the option of general public recreational usage of the right-of-way in the future. This option shall be exercised by the public only where:

1. The public will not be exposed to dangers from the utility equipment; and

2. The utility itself will not be subjected to unusual risks of damage by the public.

G. In areas where utilities must cross shoreline jurisdiction, they shall do so by the most direct route feasible, unless such a route would negatively affect an environmentally critical area, obstruct public access to the shoreline, or interfere with the navigability of a water body regulated by this SMP. See NBMC § 14.09.040 for regulations governing crossings of non-shoreline streams located in shoreline jurisdiction.

H. Utility facilities shall be designed and located in a manner that protects scenic views and minimizes adverse aesthetic impacts. They must be landscaped to enhance the appearance from surrounding areas in accordance with landscape standards applicable to the underlying zone.

I. New utilities which must be constructed across shoreline jurisdiction must submit a mitigation plan demonstrating the restoration of the shoreline to at least its existing condition. Upon completion of utility installation or maintenance, any disturbed areas shall be regraded to be compatible with the natural terrain of the area and revegetated with appropriate native plants to prevent erosion.

J. All underwater pipelines or those paralleling the waterway transporting liquids potentially injurious to aquatic life or water quality shall be prohibited, unless no other alternative exists to serve a public interest. In those limited instances where permitted, shutoff valves shall be provided at both sides of the waterbody except for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of ecological functions shall be maintained.

K. Where utilities cannot cross a shoreline waterbody via a bridge or other existing water crossing, the utilities shall be bored beneath the waterbody such that the substrate is not disturbed. In channel migration areas, migration processes and depth of erosion must be analyzed. Underground utilities must be placed lower than potential scour and erosion depth. Construction of pipelines placed under aquatic areas shall be placed in a sleeve to avoid the need for excavation in the event of a failure in the future.

L. Minor trenching to allow the installation of necessary underground pipes or cables is allowed if no alternative, including boring, is feasible, and if:

1. Impacts on fish and wildlife habitat are avoided to the maximum extent possible.

2. The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration.

3. Appropriate BMPs are employed to prevent water quality impacts or other environmental degradation.

M. Utility installation and maintenance operations shall be conducted in a manner that does not negatively affect surface water quality or quantity.

1. Applications for new utility projects in shoreline jurisdiction shall include a list of BMPs to protect water quality.

2. Outfalls shall be designed and installed so that during periods of heavy rainfall the velocity and quantity of runoff will not be detrimental to important aquatic life in the receiving waters, and so that it does not flood adjacent land. The shoreline administrator may condition the proposed outfall location and design to assure aesthetic compatibility and to reduce adverse environmental impacts.

3. Storm drain lines for any substantial development shall be designed so that they can be economically connected to a common collector system when the level of development makes that feasible. A common collection system and outfall will be preferred to a large number of outfalls from individual parcels of land.

N. New utility lines shall be located underground, except when:

1. The presence of critical areas, groundwater, a flood threat, bedrock, or other obstructions make such placement infeasible;

2. Underground placement would create greater adverse environmental impacts than aboveground transmission; or

3. Underground placement is not feasible as the term is defined in this SMP.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)

§ 14.20.510 Administrative provisions.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.520 General provisions.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.530 Wetlands.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.540 Critical aquifer recharge areas.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.550 Streams.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.560 Fish and wildlife habitat conservation areas.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.570 Geologically hazardous areas.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)

§ 14.20.580 Floodplain management.

Repealed by Ord. 1701.

(Ord. 1476 § 2 (Exh. A (part)), 2012)