A. 
The State Shoreline Management Act (SMA) was developed and adopted to protect "the most valuable and fragile of [the state's] natural resources" from the "inherent harm in uncoordinated and piecemeal development of the state's shorelines." The SMA in Chapter 90.58 RCW contains three distinct but related priorities:
1. 
The promotion of shoreline uses that are both water-oriented and appropriate for the broader environmental context. Developments such as recreational areas, water-dependent businesses such as marinas, and single-family residences are considered priority uses provided they are constructed in a manner consistent with shoreline ecology.
2. 
The SMA requires local governments to take an active role in protecting the shoreline ecology: the water, the land, the vegetation and the wildlife. The state guidelines are explicit: "Local master programs shall include regulations and mitigation standards ensuring that each permitted development will not cause a net loss of ecological functions of the shoreline." (WAC 173-26-186(8)(b)(i).)
3. 
The SMA also promotes public access to the shoreline by requiring protection of existing public access features and requiring certain types of new development to include public access.
B. 
The SMP regulations apply to individual projects and impacts of shoreline development are evaluated on a project-by-project basis. However, the SMP goals and policies, shoreline designations, regulations and the restoration plan are comprehensively structured to achieve no net loss of shoreline ecological functions as a whole in San Juan County.
(Ord. 1-2016 § 7)
A. 
Title. This chapter of the San Juan County Unified Development Code (UDC), together with Element 3 of the Comprehensive Plan, the official maps and common descriptions of shoreline designation boundaries that do not follow property lines (Ordinance 1-2016, Exhibit D), Section 2(B) Figures 130-6, 130-7 of the Eastsound Subarea Plan, SJCC § 18.30.480, the Eastsound Waterfront Access Plan, and SJCC § 18.80.110, is the Shoreline Master Program (SMP) for San Juan County, Washington.
B. 
Short Title. The short title of this chapter and Element 3 of the Comprehensive Plan is the "SMP."
C. 
Authority.
1. 
The provisions of this chapter are adopted pursuant to RCW 90.58.140(1) through (3) and 90.58.200, the SMA, Chapters 173-26 and 173-27 WAC, and Element 3 of the Comprehensive Plan. Except when specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the SMA, and this SMP.
2. 
As provided in RCW 90.58.900, the SMA is exempt from the rule of strict construction. The SMA and the SMP are liberally construed to give full effect to the purposes, goals, objectives, and policies for which the SMA and this SMP were enacted and adopted.
3. 
The SMA and the SMP comprise the basic state and local law regulating the use of shorelines in the County. Unless specifically provided otherwise, if the provisions of the SMP conflict with other applicable state or local policies, subarea plans, or other regulations, the most restrictive regulation controls.
D. 
Official Map.
1. 
The official maps are part of the SMP. The map shows all areas of the County under the jurisdiction of the SMP and the official shoreline designations established by Element 3 of the Comprehensive Plan for all affected lands and waters.
2. 
There are four official copies of the map. Two are maintained by the department, one is archived by the San Juan County auditor, and one is submitted to the Washington Department of Ecology (WDOE). Amendments to the map are promptly recorded on the official copies.
3. 
No part of the map may be altered or amended without the approval of the WDOE, except those changes provided for in subsection (D)(4) of this section.
4. 
Where questions arise regarding the precise boundaries of any shoreline designation, the director will make the final determination, subject to the provisions of SJCC § 18.80.140. Unofficial copies of the map may be prepared for administrative purposes as needed.
5. 
All areas that are not mapped in shoreline jurisdiction, but meet the jurisdictional criteria in RCW 90.58.030(f) per WAC 173-26-211(2)(e), are assigned a conservancy designation until the shoreline can be redesignated through an SMP amendment.
E. 
Responsibilities of Department Director and Planning Commission.
1. 
Director.
a. 
The director:
i. 
Makes written recommendations to the decision-maker regarding shoreline permit applications, provides technical and administrative assistance to the hearing examiner as required, and provides such technical assistance to the planning commission and County council as may be needed; and
ii. 
Is the local decision-maker on shoreline substantial development permit applications for public pedestrian trails and residential accessory structures (excluding shoreline stabilization, boathouses and overwater structures) that do not meet an exemption threshold in SJCC § 18.50.050; and
b. 
The director has the overall administrative responsibility for the SMP including:
i. 
Establishing the procedures and preparing the forms deemed essential for the administration of the SMP;
ii. 
Advising applicants for permits and other interested persons of the policies, regulations, and procedures established by the SMP and the SMA;
iii. 
Making administrative interpretations of the SMP, as necessary;
iv. 
Collecting required fees;
v. 
Determining that applications are proper and complete prior to review;
vi. 
Making field inspections; and
vii. 
Seeking compliance with the provisions of the SMP and the SMA and with conditions attached to a shoreline permit issued by the County.
2. 
The department and planning commission have authority to review and recommend revisions to the SMP.
3. 
The department shall document all project review actions in the shoreline jurisdiction and evaluate the cumulative effects of such development on shoreline conditions. The cumulative effects evaluation shall be conducted every four years and consider:
a. 
Permit applications, decisions, environmental reports, and other data from authorized shoreline exemptions and permits and GIS maps;
b. 
Aerial and LIDAR photographs;
c. 
Other available data; and
d. 
Field observations.
(Ord. 1-2016 § 8; Ord. 11-2017 § 3; Ord. 21-2018 § 2; Ord. 8-2020 § 4)
A. 
This SMP provides land use regulations to implement the goals and policies of the Comprehensive Plan Element 3, SMP. These regulations apply to all of the land and waters of the County that fall under the jurisdiction of the SMA. These regulations do not apply to development and uses beyond the jurisdictional limits of the SMA unless a proposed development involves both jurisdictional and nonjurisdictional land and the upslope land development is likely to adversely affect shoreline ecological functions.
B. 
This SMP applies to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other nonfederal entity that develops, owns, leases, or manages lands, wetlands, or waters that fall under the jurisdiction of the SMA, except for the right of any person established by treaty to which the United States is a party.
C. 
Applicability to Federal Agencies.
1. 
Federal agencies are subject to this SMP and the SMA, as provided by the Coastal Zone Management Act (16 U.S.C. 1451 et seq.; WAC 173-27-060(1)).
2. 
Those nonfederal lands lying within the exterior boundaries of federal lands and those federal lands leased to other persons, which fall within the definition of shorelands, shall be subject to the jurisdiction of Chapter 90.58 RCW. Areas and uses in those areas that are under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of Chapter 90.58 RCW.
3. 
The shoreline permit system applies to development and uses undertaken on lands not federally owned but under lease, easement, license, or other similar property right of the federal government.
D. 
This SMP applies to all developments, uses, and structures, as well as activities regulated by SJCC § 18.50.130. Unless otherwise authorized, shoreline development without a project permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, or certificate of exemption is prohibited.
E. 
Developments Not Required to Obtain Shoreline Permits or Local Reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the SMA do not apply to the following:
1. 
Remedial actions pursuant to RCW 90.58.355. Remedial actions conducted by any person at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or the WDOE when it conducts a remedial action under Chapter 70.105D RCW;
2. 
Boatyard improvements to meet National Pollutant Discharge Elimination System (NPDES) permit requirements pursuant to RCW 90.58.355. Any person installing site improvements for stormwater treatment in an existing boatyard facility needed to meet requirements of an NPDES stormwater general permit;
3. 
WSDOT facility maintenance and safety improvements pursuant to RCW 90.58.356. Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356;
4. 
Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045; and
5. 
Projects authorized through the Washington Energy Facility Site Evaluation Council process pursuant to Chapter 80.50 RCW.
(Ord. 1-2016 § 9; Ord. 11-2017 § 4; Ord. 8-2020 § 5)
A. 
Exemption from the shoreline substantial development permit requirements under this section does not constitute an exemption from the policies of the SMA, the regulations of this SMP, or other applicable County, state, or federal permit requirements.
B. 
Exemption procedures are provided in SJCC § 18.80.110.6. Exemptions are construed narrowly in accordance with WAC 173-27-040(1)(a). If any part of a project is not eligible for an exemption, a shoreline substantial development permit is required for the entire project.
C. 
Certificates of exemption are required for certain developments under SJCC § 18.50.050(B). A use classified as a conditional use, or a use not named or contemplated in this chapter, is allowed subject to a conditional use permit and is ineligible for a shoreline substantial development permit exemption.
D. 
The following developments, as defined in WAC 173-27-040, are not shoreline substantial developments and require a certificate of exemption when not considered as part of a larger project or development permit:
1. 
With the exception of docks, any development, use, structure or activity whose total cost or fair market value, whichever is higher, does not exceed the maximum exempt amount allowed by state law ($7,047 in September 2017) in accordance with WAC 173-27-040(2)(a), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The total cost or fair market value of the development includes the fair market value of any donated, contributed or found labor, equipment, or materials.
2. 
Normal maintenance or repair of existing structures or developments including those damaged by fire, accident, or the elements in accordance with WAC 173-27-040(2)(b).
3. 
Construction of a protective structural shoreline stabilization measure associated with existing single-family residences in accordance with WAC 173-27-040(2)(c).
4. 
Emergency construction necessary to protect property from damage by the elements, in accordance with WAC 173-27-040(2)(d). Flooding or other seasonal events that can be anticipated and may occur but are not immediately imminent are not an emergency.
5. 
Construction and practices necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction and maintenance of a barn or similar agricultural structure and the construction and maintenance of irrigation structures such as head gates, pumping facilities, and irrigation channels in accordance with WAC 173-27-040(2)(e); provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling (other than that which results from normal cultivation) are not considered normal or necessary farming or ranching activities.
6. 
Construction or modification of navigational aids such as channel markers and anchor buoys in accordance with WAC 173-27-040(2)(f).
7. 
Construction of a single-family residence, including normal residential appurtenances, for the use of the beneficial owner and their family is exempt from shoreline substantial development permit requirements. For the purposes of this SMP, the beneficial owner is an individual who may be a land owner, lessee, contract purchaser, or a member of a family corporation, trust, or partnership, and who is related by blood, adoption, marriage or domestic partnership to all other members of the corporation, trust or partnership. For the construction of more than one single-family residence, a shoreline substantial development permit is required in accordance with WAC 173-27-040(2)(g). Exempt normal residential appurtenances are defined in SJCC § 18.20.140 and regulated by SJCC § 18.50.050.
8. 
Construction of a dock, including a community dock, designed for pleasure craft only, for the private, noncommercial use of the owner, lessee, or contract purchaser of single- and multiple-family residences in accordance with WAC 173-27-040(2)(h). This exception applies if either:
a. 
In salt waters, the fair market value of the dock does not exceed $2,500; or
b. 
In fresh waters, the fair market value of the dock does not exceed:
i. 
Twenty-two thousand five hundred dollars for docks that are constructed to replace existing docks, and are of equal or lesser square footage than the existing dock being replaced; or
ii. 
Eleven thousand two hundred dollars for all other docks constructed in fresh waters.
If subsequent construction occurs within five years of completion of prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction is considered a substantial development.
9. 
Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of the system waters, including return flow and artificially stored groundwater from the irrigation of lands in accordance with WAC 173-27-040(2)(i).
10. 
The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water in accordance with WAC 173-27-040(2)(j).
11. 
Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, that were created, developed, or utilized primarily as part of an agricultural drainage or diking system in accordance with WAC 173-27-040(2)(k).
12. 
Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this SMP in accordance with WAC 173-27-040(2)(m) if:
a. 
The activity does not interfere with the normal public use of the surface waters;
b. 
The activity will have no significant adverse impact on the environment such as fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
c. 
The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;
d. 
A private entity seeking development authorization under this section first posts a financial guarantee or provides other evidence of financial responsibility to the County to ensure that the site is restored to preexisting condition; and
e. 
The activity is not subject to the permit requirements of RCW 90.58.550.
13. 
The process of removing or controlling an aquatic noxious weed, as defined in state law, through the use of herbicides or other treatment methods that are recommended in a final environmental impact statement published by the U.S. Department of Agriculture or the WDOE jointly with other state agencies under Chapter 43.21C RCW in accordance with WAC 173-27-040(2)(n). In order to qualify as exempt, noxious weed control must meet the following County requirements:
a. 
Aquatic weed control must only occur when native plant communities and associated habitats are threatened or where a water-dependent use is restricted by the presence of weeds. Aquatic weed control must occur in compliance with all other applicable laws and standards.
b. 
Aquatic weeds will be controlled by hand pulling or mechanical harvesting that does not disturb the sea bed, or entail placement of aqua-screens. If the action is being proposed for the retention of existing water depth for navigation, it is considered normal maintenance and repair.
c. 
The control of aquatic weeds by derooting, rotovating, or other methods that disturb the sea bed or benthos in order to maintain the pre-existing water depth for navigation in an area covered by a previous permit is considered normal maintenance and repair. The control of aquatic weeds by similar methods in any other circumstance requires a shoreline substantial development permit.
d. 
Use of herbicides to control aquatic weeds is prohibited except where no feasible alternative exists and weed control complies with all state rules and regulations.
14. 
Watershed restoration projects in accordance with WAC 173-27-040(2)(o) including a public or private project designed to improve fish or wildlife habitat or fish passage that conforms to the provisions of RCW 77.55.181.
15. 
Habitat enhancement projects that conform to the provisions of RCW 77.55.181 and 90.58.147 are consistent with local shoreline master programs. A public or private project that is designed to improve fish or wildlife habitat or fish passage is in accordance with WAC 173-27-040(2)(p) and RCW 77.55.181, when all of the following apply:
a. 
The project has been approved by the Washington Department of Fish and Wildlife (WDFW);
b. 
The project has received hydraulic project approval by the WDFW pursuant to Chapter 77.55 RCW; and
c. 
The County has determined that the project is substantially consistent with this SMP.
16. 
The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities.
(Ord. 1-2016 § 10; Ord. 11-2017 § 5; Ord. 8-2020 § 6)
A. 
Normal residential appurtenances are structures or developments that are necessarily connected to the use and enjoyment of a single-family residence and that are expressly defined in SJCC § 18.20.140. Hard structural shoreline stabilization measures and other shoreline modifications or over-water structures are not considered normal appurtenant structures. Normal residential appurtenance exemptions also include:
1. 
Construction or renovation of structures with fair market value of less than the maximum value allowed by WAC 173-27-040(2)(a) ($7,047 in September 2017).
2. 
Private pedestrian pathways, stairways and ramps; provided, that a written certificate of exemption is obtained, and all of the following criteria are met:
a. 
The total cost or fair market value of the improvements does not exceed the maximum allowed by WAC 173-27-040(2)(a);
b. 
Roofs or roof covering materials such as awnings are not allowed for purposes of this exemption;
c. 
All materials must be finished in subdued natural earth colors;
d. 
No construction or placement seaward or below the OHWM is allowed unless the stairways or ramps are connected to an exempt or permitted dock;
e. 
No other shoreline access exists or is feasible;
f. 
The maximum vertical height of the stairway is 15 feet and the maximum width of the structure is five feet. One intermediate landing or platform with a maximum size of five feet by five feet is allowed. Stairways proposed for exposed areas of the shoreline are not allowed on rock faces or bluffs that exceed a 60-degree angle; and
g. 
The project complies with the bank stability and geologically hazardous area requirements of SJCC § 18.50.130.
B. 
Certificates of Exemption.
1. 
The director may approve or deny applications for an exemption from a shoreline substantial development permit for uses and developments listed in SJCC § 18.50.040 and subsection (A) of this section. Approved certificates must describe the specific exemption that is being applied to the development and indicate that a proposal is consistent with the SMP and the SMA. The certificate of exemption may contain conditions or mitigation measures required for consistency with the SMP and SMA. The denial of an exemption must include written findings. The director's approval or denial of a certificate of exemption may be appealed under SJCC § 18.80.140.
2. 
When not part of an approved development or project permit a certificate of exemption is required for:
a. 
Dredging;
b. 
Flood hazard control structures;
c. 
Archaeological or historic site alteration;
d. 
Clearing, grading, fill, excavation and vegetation removal;
e. 
Dock construction, repair, replacement, or enlargement;
f. 
Structural shoreline stabilization, repair, replacement, or enlargement;
g. 
Any residential, commercial or industrial development project within the natural and aquatic designations;
h. 
Small scale shellfish aquaculture consistent with the provisions of SJCC § 18.50.230(B);
i. 
New temporary barge landing sites. Existing nonconforming temporary barge landing sites do not require a certificate of exemption if the proposed use is consistent with the historic transport of cargo at the site and frequency of the historic use; and
j. 
Private pedestrian pathways, stairways and ramps.
3. 
Whenever an exempt activity also requires an ACOE Section 10 permit under the Rivers and Harbors Act of 1899, or a Section 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the certificate of exemption is sent to the applicant and the WDOE in accordance with WAC 173-27-050.
4. 
A certificate of exemption is not required for residential development, including normal residential appurtenant structures, when a project or development permit application is required.
5. 
A certificate of exemption is not required prior to emergency actions taken pursuant to WAC 173-27-040(2)(d). Post-emergency applications must be submitted in accordance with SJCC § 18.35.030(A).
(Ord. 1-2016 § 11; Ord. 11-2017 § 6; Ord. 8-2020 § 7)
A. 
Prior to undertaking any shoreline modification project, a shoreline substantial development permit, a shoreline variance, or a shoreline conditional use permit must be obtained. See the permit requirements for the specific type of shoreline modification in Table 18.50.600 and specific requirements by designation. Shoreline modifications including structural shoreline stabilization measures are allowed subject to the procedures and requirements in subsection (B) of this section.
B. 
General Standards.
1. 
If inventories of critical saltwater habitats are found to be incomplete, an inventory and assessment of the site and adjacent beach sections are required to identify these habitats and their functions. The methods and extent of the inventory shall be consistent with accepted research methodology in consultation with the WDOE's technical assistance materials.
2. 
Shoreline modifications must be the minimum size necessary to achieve the intended purpose.
3. 
Shoreline modification applications must include adequate information demonstrating that the project meets all applicable requirements. At a minimum, the required information must include:
a. 
Construction materials (e.g., type, dimensions, design);
b. 
Method of construction and erosion control;
c. 
Location of project on lot;
d. 
Ordinary, mean low, and mean high water elevations;
e. 
The OHWM subject to verification by WDOE;
f. 
Net direction of littoral, drift and tidal currents (if any);
g. 
General direction and speed of prevailing winds and fetch when applicable;
h. 
Profile rendition of project including beach and building site landward of the OHWM;
i. 
Beach type, slope, and material;
j. 
Land type, slope, and material;
k. 
Soil types (NRCS);
l. 
Assessment of site stability before and after the project; and
m. 
Potential impacts upon shore processes and nearby properties.
4. 
Erosion must be controlled during the construction of shoreline modification projects and disturbed areas must be promptly revegetated after the project is completed.
(Ord. 1-2016 §§ 64, 84(E))