The standards in this section apply to all shoreline modifications in the city’s shoreline jurisdiction.
A. 
All shoreline modifications shall be reviewed in accordance with the mitigation sequencing standards in Sections 16.08.110(B) and 16.08.130.
B. 
Shoreline modifications shall not individually or cumulatively result in a net loss of ecological functions or habitat. Preference shall be given to those types of shoreline modifications that have a lesser impact on ecological functions and require less mitigation of identified impacts resulting from shoreline modifications.
C. 
During construction or repair work on a shoreline stabilization measure, areas of temporary disturbance within the shoreline buffer or building setback shall be restored as quickly as possible to their pre-disturbance condition or better.
D. 
Shoreline banks and bluffs (steep slopes) within the shoreline buffer and building setback shall not be modified to enlarge buildable area, or to provide or enhance physical support for new development or redevelopment, unless there is no other feasible method to prevent a regulatory taking of the property based on its zoning and environment designation of the property, in which case a shoreline variance shall be required.
E. 
All shoreline modification applications shall include plans with tidal elevations of the proposed structures. Additionally, plans must show the horizontal distances of the proposed structure(s) from permanent benchmark(s). Each horizontal distance shown must include the length and compass bearing from the benchmark to the waterward face of the structure(s). All proposals for shoreline armoring shall also specify the length of the new or replacement structure.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following shoreline modifications are prohibited in all shoreline environments, unless otherwise specified elsewhere in this chapter:
A. 
Boat haulouts and boat lifts; outside of a marina or other boating facility.
B. 
Boat houses and floatplane houses.
C. 
Boat launches; outside of a marina, park or other approved boating facility.
D. 
Covered or enclosed moorage.
E. 
Dikes and levees.
F. 
Docks and piers; outside of a marina, park or other approved boating facility.
G. 
Dredge spoil disposal; for activities other than habitat restoration or enhancement.
H. 
Fill; for activities other than habitat restoration or enhancement.
I. 
Floats.
J. 
In-stream structures; for activities other than public access, public utilities or habitat restoration and enhancement.
K. 
Removal of gravel for flood control.
L. 
Weirs.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
The table is coded according to the following legend:
1. 
P = Permitted, when meeting requirements for the specific modification and shoreline environment; may be subject to shoreline substantial development permit or shoreline exemption requirements.
2. 
C or MC = Conditional use or minor conditional use, when approved by the city and the Department of Ecology. See Chapter 16.09 for conditional use and minor conditional use permit requirements.
3. 
X = Prohibited; the use is not eligible for a conditional use permit or variance.
4. 
N/A = Not applicable in the specific environment, due to the intrinsic nature of the modification. For example, a buoy can only be located in an aquatic environment.
Shoreline Modification Table
See Section 16.08.390 for modifications prohibited in all shoreline environments.
See Chapter 16.09 for permit application and processing requirements.
 
Environment Designations
SR-1
SR-2
HI
UC
N
A
Shoreline Modifications
 
 
 
 
 
 
Boat launch—public or private, in a marina, park or other approved boating facility
C
N/A
P
X
C
P1
Boat haulouts and boat lifts—public or private, in a marina or other approved boating facility
C
N/A
P
X
X
P1
Breakwaters, jetties and groins
N/A
N/A
N/A
N/A
N/A
C4
Docks and piers—public or private, in a marina, park or other approved boating facility
N/A
N/A
N/A
N/A
N/A
P
Dredging—maintenance
N/A
N/A
N/A
N/A
N/A
P2
Dredging—new
N/A
N/A
N/A
N/A
N/A
C
Fill—for habitat restoration or enhancement activities
N/A
N/A
N/A
N/A
N/A
C
Habitat restoration or enhancement activities
P
P
P
P
P
P
Shoreline stabilization measures3—soft
P
P
P
MC
C
P1
Shoreline stabilization measures3—hard
P
P
P
MC
C
P1
Structural flood hazard reduction measures
MC
N/A
MC
MC
X
N/A
1
If a modification project includes work above the OHWM as well as in the aquatic environment, and if the proposed modification is conditional in the affected upland environment(s), the entire modification project shall be reviewed as a conditional use.
2
Refer to Section 16.08.440 for standards on maintenance dredging vs. new dredging activity.
3
Refer to Section 16.08.420 for requirements on soft vs. hard stabilization measures, and necessary supporting documentation.
4
Refer to Section 16.08.490 for standards on breakwaters, jetties, and groins.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
New or expanded piers, docks, or boat launches are prohibited outside of boating facilities such as marinas, public boat launches and day use recreational facilities, public and private parks, and boat repair and maintenance operations. Existing piers, docks and boat launches outside of boating facilities and boat repair and maintenance operations may be maintained, repaired and redeveloped in compliance with state regulations and city and state permitting requirements.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
The following table is a summary of the key requirements found in this section:
Shoreline Stabilization Measures
Requirements
Structural vs. nonstructural methods
• Nonstructural methods are preferred, but if there is demonstrated need for structural stabilization measures to protect a principal use or structure then soft structural stabilization must be considered prior to hard structural stabilization.
New or enlarged hard or soft shoreline structural measures (including additions and increases in size such as height, width, length or depth)
• A geotechnical report is required to demonstrate need, and shall include design recommendations for minimizing structural measures and impacts to natural sediment transport.
• For hard structural proposals, the geotechnical report shall also include an evaluation of the feasibility of soft vs. hard shoreline structural measures. It must be demonstrated that the nonstructural methods are not feasible or sufficient.
• It must be demonstrated that the erosion is being caused by waves, tides or currents, and not by loss of upland vegetation or drainage issues.
• It must be demonstrated that the erosion control structure will not result in a net loss of ecological functions.
• Mitigation for habitat impacts shall be required.
Major repair or replacement of hard or soft shoreline structural measures
• A major repair is a collapsed or eroded structure or a demonstrated loss of structural integrity, or repair of toe rock or footings, and the repair is over more than fifty percent of the structure’s continuous linear length; or
• A major repair is repair to more than seventy-five percent of the linear length of the structure that involves replacement of top or middle course rocks or similar repair.
• A geotechnical report is required to demonstrate need, and shall include design recommendations for minimizing structural measures and impacts to natural sediment transport.
• For hard structural proposals, the geotechnical report shall also include an evaluation of the feasibility of soft vs. hard shoreline structural measures.
• If the major repair or replacement involves a change or relocation in the structural footprint or requires significant work outside of the footprint to conduct the repair/replacement, mitigation for habitat impacts may be required.
Minor repair of hard or soft shoreline stabilization measures
• Does not meet threshold for new, enlarged, major repair or replacement measures.
• No geotechnical report or needs assessment required.
B. 
All new stabilization measures, and major repairs, replacement, and enlargements to existing structural stabilization shall comply with the requirements of Sections 16.08.110(B) and 16.08.130.
C. 
New or Enlarged Structural Shoreline Stabilization.
1. 
For the purposes of this section, enlargement of an existing structural stabilization method shall include additions to increases in size (such as height, width, length or depth).
2. 
New or enlarged structural shoreline stabilization measures shall only be allowed landward of the OHWM of Liberty Bay.
3. 
The city shall only approve a new or enlarged hard or soft structural stabilization measure to protect a principal structure or shoreline use in the following circumstances:
a. 
For new or enlarged hard structural stabilization, conclusive evidence, documented by a geotechnical analysis, that the primary structure or shoreline use is in danger from shoreline action caused by waves, tidal action or currents. The analysis must show that there is a significant possibility that the structure will be damaged within three years or the shoreline use will be impaired as a result of shoreline erosion in the absence of hard structural stabilization measures, or where waiting until the need is immediate would result in the loss of opportunity to use measures that would avoid impacting ecological functions.
b. 
For new soft structural stabilization measures, provide narrative demonstrating need for structural stabilization to protect the principal structure or shoreline use.
c. 
For hard and soft stabilization proposals, it must be demonstrated that erosion is not due to loss of upland vegetation, natural bluff sloughing, or on-site drainage.
D. 
Replacement or Major Repair of Hard Structural Shoreline Stabilization.
1. 
For the purposes of this section, major repair or replacement of a hard shoreline stabilization measure shall include the following activities:
a. 
A repair needed to a portion of an existing stabilization structure that has collapsed, eroded away or otherwise demonstrated a loss of structural integrity, or in which the repair work involves modification of the toe rock or footings, and the repair is fifty percent or greater than the linear length of the shore-line stabilization measure; or
b. 
A repair to more than seventy-five percent of the linear length of the existing hard structural shore-line stabilization measure in which the repair work involves replacement of top or middle course rocks or other similar repair activities.
2. 
A major repair or a replacement of an existing hard structural stabilization measure with another hard structural stabilization measure shall only be approved to protect a principal structure, or shoreline use if not associated with a principal structure, if conclusive evidence is provided, documented by a geotechnical analysis, that the primary structure or use would be in danger from shoreline erosion caused by waves, tidal action or currents without the existing hard structural stabilization, and the repair or replacement proposal is consistent with the requirements of Section 16.08.380(B).
E. 
Minor Repairs of Hard Shoreline Stabilization. Minor repairs of hard shoreline stabilization include those maintenance and repair activities not otherwise addressed in subsection D of this section. The city shall allow minor repair activities to existing hard structural shoreline stabilization measures.
F. 
Repair or Replacement of Soft Shoreline Stabilization and Submittal Requirements.
1. 
The city shall allow repair or replacement of soft shoreline stabilization.
2. 
The applicant shall provide design recommendations for minimizing impacts and ensuring that the replacement or repaired soft stabilization measure is designed, located, sized and constructed to ensure no net loss of ecological functions; and
G. 
A new, repaired or replaced soft or hard shore-line stabilization measure shall not result in significant adverse impacts to adjacent or down-current properties from changes in sedimentation or tidal impacts.
H. 
The city may require peer review by a civil engineer for proposed designs for new hard shoreline stabilization.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
Breakwaters, jetties and groins are not permitted in any shoreline environment unless associated with moorage in a marina or port facility, public access or public recreation facility, public shoreline stabilization, or another specific public purpose. In addition to compliance with the other requirements of this chapter, an approved breakwater, jetty or groin must meet the following criteria. A shoreline conditional use permit is required.
A. 
The structure is essential to the safe operation of a moorage or marina facility or the maintenance of other water-dependent uses, such as a swimming beach.
B. 
The location, size, design and accessory components of the moorage or marina facility or water-dependent use to be protected shall not cause a net loss of ecological functions, navigation, or nearby waterfront properties.
C. 
All breakwaters, jetties or groins must be designed and constructed under the supervision of a civil engineer or other qualified engineering professional. As part of the application, the engineer shall demonstrate based on accepted industry engineering standards or guidelines that the structure is the smallest feasible structure to meet the requirements of this chapter and accomplish its purpose, and that the design will result in the minimum feasible adverse impacts to nearby waterfront properties and navigation, and shall not cause a net loss of ecological functions. Peer review by qualified specialists of the proposed design may be required.
D. 
Breakwaters may only use floating or openpile designs unless such a design is demonstrated to not be practicable.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
A shoreline conditional use permit is required for new dredging proposals, i.e., dredging of areas that have not previously been dredged under state and/or federal dredging approvals. A shoreline substantial development permit is required for maintenance dredging of areas that have previously received state and/or federal dredging permits, such as navigational channels and marina basins.
Maintenance dredging qualifies as normal maintenance when:
1. 
There is a designated and authorized facility, such as a federal navigational channel or berth, authorized by a previously issued shoreline conditional use permit or shoreline substantial development permit;
2. 
The dredging is limited to restoring previously existing contours within the channel or berth as approved in the previous permit, and does not expand the channel or berth; and
3. 
The person or entity proposing the maintenance dredging demonstrates that the work is exempt to the satisfaction of the shoreline administrator. A shoreline exemption application is required.
B. 
New or expanded development shall be sited and designed to avoid or, if that is not feasible, to minimize the need for new and maintenance dredging.
C. 
Dredging waterward of the OHWM may be allowed only for the following purposes:
1. 
To establish, expand, relocate, maintain or reconfigure navigation channels and basins where necessary for assuring safe and efficient accommodation of navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided.
2. 
To establish, expand, relocate, maintain or reconfigure private or public marina facilities, water-dependent uses, or other public access uses.
3. 
Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized location, depth and width consistent with subsection A of this section; otherwise, the project shall be reviewed as a new or expanded dredging application.
4. 
To restore ecological functions, provided the applicant can demonstrate a clear connection between the proposed dredging and the expected environmental benefits to water quality or degraded tidelands or submerged lands, native vegetation, and/or critical saltwater habitat.
5. 
To obtain fill or construction material when necessary for the restoration of ecological functions. Dredging waterward of the OHWM for the primary purpose of obtaining fill or construction materials is not permitted in other circumstances. When allowed, the site where the fill is to be placed must be located waterward of the OHWM. The fill must be located with a significant in-water habitat enhancement or restoration project.
D. 
Dredging that is allowed under subsection B of this section shall meet the requirements of Sections 16.08.110 and 16.08.130.
E. 
Dredge materials may be deposited waterward of the OHWM of Liberty Bay only when the material is considered suitable under, and the activity is conducted in accordance with, the dredged material management program of the State Department of Natural Resources, and in accordance with applicable state and federal permit authorizations, and is associated with a permitted in-water habitat enhancement or restoration project. Dredge materials may not be deposited in the floodway or waters of Dogfish Creek.
F. 
All permitted dredging must be the minimum area and volume necessary to accommodate the existing or proposed use, and must be implemented using practices that do not exceed state water quality standards.
G. 
Dredging projects shall be designed and carried out to prevent direct and indirect impacts on adjacent properties.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
A shoreline conditional use permit is required for fill.
B. 
Fills landward and waterward of the OHWM shall be permitted only if the fill:
1. 
Is necessary to support: water-dependent use; public access; cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; expansion or alteration of transportation facilities of statewide significance currently located on the shoreline, and then only upon a demonstration that alternatives to fill are not feasible; mitigation action; environmental restoration; or a beach nourishment or enhancement program;
2. 
Will not result in significant damage to water quality, fish or other species, or net loss of aquatic habitat or shoreline habitat including critical saltwater habitat; and
3. 
Will not adversely alter natural drainage, currents, sedimentation, or circulation patterns.
C. 
Fill shall not be permitted in regulated wetlands or streams without adhering to the standards defined in Article II of this chapter and the critical area regulations in Section 16.08.060(F).
D. 
Refuse disposal sites, solid waste disposal sites and sanitary fills are prohibited in the shoreline jurisdiction.
E. 
In addition to the above requirements, a proposal to fill shall also comply with the requirements of Chapter 15.40, Grading.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A) , 2021)
To maintain the ecological functions that trees provide for the shoreline environment, any proposal to remove trees or other vegetation in the shoreline buffer area or in an aquatic area shall be subject to the following requirements:
A. 
Significant native trees shall be retained in the shoreline buffer unless removal is required due to documented hazardous conditions, approved as part of a shoreline variance for reasonable use of property, or for approved shoreline access where no other feasible solution is available. In such circumstances, removal of significant native trees shall be subject to the requirements of subsection B of this section.
B. 
Removal, pruning, thinning, limbing or cutting of native trees or native vegetation within the shoreline buffer or in an aquatic area, with the exception of normal and routine tree and vegetation maintenance within rights-of-way, utility corridors, public access points and pathways, park and recreational facilities, existing landscaped areas, and public safety purposes, shall be subject to the following standards:
1. 
Existing native shoreline vegetation in an aquatic area or within a shoreline buffer shall be preserved and permanently protected, with limited exceptions to remove and/or maintain native vegetation to establish and maintain the following: water-dependent and water-related uses; public recreation and public access uses; city-approved public view corridors; and utilities and roads; or in the case of a documented hazardous condition or shoreline variance.
2. 
Proposed removal of native shoreline vegetation as described in subsection (B)(1) of this section shall comply with Sections 16.08.110(B) and 16.08.130. When approved projects will result in an unavoidable loss of native shoreline or aquatic vegetation within an aquatic area or a buffer area, mitigation shall be required to ensure no net loss of shoreline habitat value and functions. Additional conditions or restrictions may apply if removal is proposed on steep slopes or unstable soils.
3. 
Proposals to remove, prune, thin, limb or cut trees or native vegetation within the shoreline buffer or in an aquatic area shall be subject to the standards of the city’s clearing and grading ordinance and critical areas ordinance, and may be subject to the findings of the city arborist regarding preservation of the health and appearance of the tree(s) and surrounding native vegetation. Danger tree abatement may be achieved by felling or topping the tree. Habitat needs may require leaving the fallen tree in the riparian corridor or maintaining a high stump.
4. 
Nondestructive pruning or thinning of lateral branches to preserve or enhance views, or trimming, shaping, thinning or pruning of a tree necessary to its health and growth shall be consistent with the following standards:
a. 
In no circumstance shall removal of more than one-fifth of the original crown or canopy be permitted.
b. 
Pruning shall not include topping, stripping of branches or creation of an imbalanced canopy.
C. 
In addition to the requirements of subsections A and B of this section, a tree removal request shall be submitted in writing to the city prior to any native tree removal, and shall include information on the location, number, type and size of tree(s) being removed, and information on any replacement tree(s) or other vegetation to be planted.
D. 
Removal of nonnative or invasive vegetation within the shoreline buffer is permitted; provided, that the removal shall not cause damage to the buffer’s native vegetated habitat values and functions. Additional restrictions or conditions may apply if removal is proposed on steep slopes or unstable soils.
E. 
The city planning director may condition an approval for tree or native vegetation removal approval to require replacement trees, restoration of native vegetation, stabilization of soil and steep slopes, or other requirements as appropriate to protect shoreline habitat.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
Habitat restoration activities include those shore-line habitat and natural systems enhancement projects that are proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat that supports or contributes to the welfare of priority species in the shoreline. Requirements for project impact mitigation are also addressed in Section 16.08.130.
A. 
Restoration of ecological functions and processes shall be carried out in accordance with a city-approved habitat restoration or enhancement plan and the requirements of this chapter. Activities within critical areas or their buffers shall also meet the requirements of the city’s critical areas ordinance.
B. 
All habitat restoration and enhancement activities shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses.
C. 
Long-term maintenance and monitoring shall be included in any habitat restoration or enhancement proposal and shall adhere to the standards defined in Section 700 of the critical areas ordinance, Chapter 16.20.
D. 
Covered Activities. The following actions are allowed under this section:
1. 
Establishment or enhancement of native vegetation;
2. 
Removal of nonnative or invasive plants upland of the OHWM;
3. 
Conversion of existing hard structural shore-line stabilization to permitted soft shoreline stabilization, including associated clearing, dredging and filling necessary to implement the conversion; provided, that the primary purpose of such actions is clearly restoration of natural character and the ecological functions of the shoreline and that the actions are consistent with the requirements of this chapter.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)