The general policies and regulations apply to all uses and activities that may occur within the City’s shoreline jurisdiction regardless of this Master Program’s environment designation. These policies and regulations provide the overall framework for the management of the shoreline. Use these general regulations in conjunction with Subchapter 2 of this chapter, Specific Shoreline Use Policies and Regulations.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
The SMA is concerned with the environmental impacts that development, use, or activity may have on the fragile shorelines of the State. Development and certain uses or activities within the regulated shoreline may degrade the shoreline and its waters, and may damage or inhibit important species and their habitat.
A. 
General Environmental Policies and Regulations.
1. 
Policies.
a. 
The adverse impacts of shoreline developments and activities on the natural environment, critical areas and habitats for proposed, threatened, and endangered species should be minimized during all phases of development (e.g., design, construction, operation, and management).
b. 
Shoreline developments that protect and/or contribute to the long-term restoration of habitat for proposed, threatened, and endangered species are consistent with the fundamental goals of this Master Program. Shoreline developments that propose to enhance critical areas, other natural characteristics, resources of the shoreline, and/or provide public access and recreational opportunities to the shoreline are also consistent with the fundamental goals of this Master Program, and should be encouraged.
2. 
Regulations.
a. 
All shoreline development and activity shall be located, designed, constructed, and managed in a manner that mitigates adverse impacts to the environment. When applying mitigation to avoid or minimize significant adverse effects and significant ecological impacts, the City will apply the following sequence of steps in order of priority, with subsection (A)(2)(a)(i) of this section being top priority:
i. 
Avoiding the impact altogether by not taking a certain action or parts of an action;
ii. 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
iii. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
iv. 
Reducing or eliminating the impact over time by preservation and maintenance operations;
v. 
Compensating for the impact by replacing, enhancing or providing substitute resources or environments; or
vi. 
Monitoring the impact and the compensation projects (from subsection (A)(2)(a)(v) of this section) and taking appropriate corrective measures.
b. 
Efforts to avoid and minimize impacts must be documented in a manner acceptable to the Director prior to the approval of mitigation and/or compensation actions.
c. 
All shoreline development and activity shall be located, designed, constructed, and managed in a manner that assures no net loss of shoreline ecological function.
d. 
All shoreline development shall be located, designed, constructed, and managed to protect the functions and values of critical areas consistent with the SMP critical areas regulations contained in Chapter 20.240 SMC.
e. 
All shoreline development shall be located and designed to avoid or minimize the need for shoreline stabilization measures and flood protection works, such as bulk-heads, revetments, dikes, levees, or substantial site regrading and dredging. Where measures and works are demonstrated to be necessary, biostabilization techniques shall be the preferred design option unless demonstrated to be infeasible, or when other alternatives will have less impact on the shoreline environment.
f. 
All shoreline development and activity shall be located, designed, constructed, operated, and managed to minimize interference with beneficial natural shoreline processes, such as water circulation, sand and gravel movement, erosion, and accretion to ensure no net loss of shoreline ecological function.
g. 
In approving shoreline development, the Director shall ensure that the development will maintain, enhance, or restore desirable shoreline features, as well as ensure no net loss of ecological functions. To this end, the Director may adjust and/or prescribe project dimensions, location of project components on the site, intensity of use, screening, and mitigation as deemed appropriate. Mitigation shall be required of developments that would otherwise result in net loss of ecological functions.
h. 
In approving shoreline development, the Director shall consider short- and long-term adverse environmental impacts. In addition, the Director shall consider the cumulative adverse impacts of the development, particularly the precedence effect of allowing one development, which could generate or attract additional development. Identified significant short-term, long-term, and cumulative adverse environmental impacts lacking appropriate mitigation shall be sufficient reason for permit denial.
i. 
As a condition of approval, the Director may require periodic monitoring for up to 10 years from the date of completed development to ensure the success of required mitigation. Mitigation plans shall include at a minimum:
i. 
Inventory of the existing shoreline environment including the physical, chemical, and biological elements, and provide an assessment of each element’s condition;
ii. 
A discussion of the project’s impacts and their effect on the ecological functions necessary to support existing shoreline resources;
iii. 
A discussion of any Federal, State, or local special management recommendations that have been developed for wetlands, species, or habitats located on the site;
iv. 
An assessment of habitat recommendations proposed by resource agencies and their applicability to the proposal;
v. 
A discussion of measures to preserve existing habitats and opportunities to restore habitats that were degraded prior to the proposed land use activity. Mitigation plans shall include at a minimum: planting and soil specifications (in the case of mitigation planting projects), success standards, and contingency plans;
vi. 
A discussion of proposed measures that mitigate the impacts of the project and establish success criteria;
vii. 
An evaluation of the anticipated effectiveness of the proposed mitigation measures;
viii. 
A discussion of proposed management practices that will protect fish and wildlife habitat after the project site has been fully developed, including proposed monitoring and maintenance programs;
ix. 
A monitoring plan, including scientific procedures to be used to establish success or failure of the project, sampling points, success criteria, and a monitoring schedule; and
x. 
Any additional information necessary to determine the impacts of a proposal and appropriate mitigation.
j. 
Shoreline development shall not be permitted if it substantially degrades the natural character of the shoreline, natural resources, or public recreational use of the shoreline.
k. 
Where provisions of this Master Program conflict with each other, or with other laws, ordinances or programs, the most restrictive provisions shall apply.
B. 
Earth.
1. 
Policies.
a. 
Beaches are valued for recreation and may provide fish spawning substrate. Development that could disrupt these shoreforms may be allowed:
i. 
When such disruption would not reduce shoreline ecological function;
ii. 
Where there is a demonstrated public benefit; and/or
iii. 
Where the Washington State Department of Fish and Wildlife (WDFW) determines there would be no significant impact to the fisheries resource.
2. 
Regulations.
a. 
Developments that alter the shoreline topography may be approved if:
i. 
Flood events will not increase in frequency or severity resulting from the alteration; and/or
ii. 
The alteration would not impact natural habitat forming processes and would not reduce ecological functions. Mitigation is required for projects that would reduce ecological functions to ensure no net loss of function.
b. 
The applicant shall incorporate all known, available, and reasonable methods of prevention, control, and treatment measures into stormwater pollution prevention during and post construction.
c. 
All debris and other waste materials from construction shall be disposed of in such a manner as to prevent their entry into the water body.
d. 
All disposal sites for soils and materials resulting from the shoreline development shall be identified and approved before permit issuance.
C. 
Water.
1. 
Policies.
a. 
Shoreline development and activities shall result in no net loss of ecological functions.
b. 
Development and regulated activities shall minimize impacts to hydrogeologic processes, surface water drainage, and ground water recharge.
c. 
Measures shall be incorporated into the development, use, or activity to protect water bodies and wetlands from all sources of pollution including, but not limited to, sediment and silt, petrochemicals, and wastes and dredge spoils.
d. 
Adequate provisions to prevent water runoff from contaminating surface and ground water shall be included in development design. The Director may specify the method of surface water control and maintenance programs. Surface water control must comply with the adopted stormwater manual.
e. 
All measures for the treatment of surface water runoff for the purpose of maintaining and/or enhancing water quality shall be conducted on site. Off-site treatment facilities may be considered if on-site treatment is not feasible.
f. 
Point and nonpoint source pollution should be managed on a basin-wide basis to protect water quality and support the efforts of shoreline property owners to maintain shoreline ecological functions.
2. 
Regulations.
a. 
Pesticides, herbicides and fertilizers that have been identified by State or Federal agencies as harmful to humans, wildlife, or fish shall not be used on City-owned property within the shoreline jurisdiction or for development or uses approved under a substantial development permit, shoreline conditional use permit, or shoreline variance, except as allowed by the Director for the following circumstances:
i. 
When use of pesticides, herbicides, and fertilizers is consistent with the best management practices (BMPs) for the project or use proposed;
ii. 
When the Director determines that an emergency situation exists where there is a serious threat to public safety, health, or the environment and that an otherwise prohibited application must be used as a last resort;
iii. 
Where chemical fertilizer, herbicide, or pesticide use is necessary to protect existing natural vegetation or establish new vegetation as part of an erosion control or mitigation plan, the use of time release fertilizer and herbicides shall be preferred over liquid or concentrate application, except as used in targeted hand applications.
b. 
The release of oil, chemical, or hazardous materials onto or into the water is prohibited. Equipment for the transportation, storage, handling, or application of such materials shall be maintained in a safe and leakproof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected. During construction, vehicle refueling and vehicle maintenance shall occur outside of regulated shoreline areas.
c. 
The bulk storage of oil, fuel, chemical, or hazardous materials, on either a temporary or a permanent basis, is prohibited, except for uses allowed by the zoning classification. For the purpose of this section, heating oil, small boat fuel, yard maintenance equipment fuel, propane, sewage sumps, and similar items common to single-family residential uses are not included in this definition.
D. 
Plants and Animals.
1. 
Policies.
a. 
In general, this Master Program shall strive to protect and restore anadromous fish resources in the Puget Sound and its tributaries within the City.
b. 
Shoreline development, uses, and activities shall be:
i. 
Located and conducted in a manner that minimizes impacts to existing ecological values and natural resources of the area, conserves properly functioning conditions, and ensures no net loss of shoreline ecological functions;
ii. 
Scheduled to protect biological productivity and to minimize interference with fish resources including anadromous fish migration, spawning, and rearing activity;
iii. 
Designed to avoid the removal of trees in shorelines wherever practicable, and to minimize the removal of other woody vegetation. Where riparian vegetation is removed, measures to mitigate the loss of vegetation shall be implemented to ensure no net loss; and
iv. 
Designed to minimize impacts to the natural character of the shoreline as much as possible.
2. 
Regulations.
a. 
Mitigation shall be required of the applicant for the loss of fish and wildlife resources, and natural systems, including riparian vegetation, wetlands, and other environmentally critical areas. The mitigation required shall be commensurate to the value and type of resource or system impacted by development and activity in the shoreline. On-site compensatory mitigation shall be the preferred mitigation option, except where off-site mitigation can be demonstrated to be more beneficial to fish and wildlife resources, and natural systems, including riparian vegetation, wetlands, and critical areas. If on-site compensatory mitigation is not feasible or if off-site mitigation is demonstrated to be more beneficial to the shoreline environment, the applicant shall provide funding for a publicly sponsored restoration or enhancement program in the City.
b. 
Enhancement, restoration, and/or creation of coniferous riparian forest or forested riparian wetland shall be the preferred mitigation for impacts to riparian vegetation and wetlands when avoidance is not possible. Preference will be based on site-specific recommendation of qualified professional. Alterations to fish and wildlife habitat conservation areas should be avoided. If they cannot be avoided, mitigation is required, and a habitat management plan shall be prepared as required in SMC § 20.240.274.
c. 
Habitat management plans shall be forwarded by the applicant to the appropriate State and/or Federal resource agencies for review and comment. The City will provide the applicant with a list of addressees for this purpose.
d. 
Based on the habitat management plan, and comments from other agencies, the Director may require mitigating measures to reduce the impacts of the proposal on the fish and wildlife habitat conservation areas. Mitigating measures may include, but are not limited to:
i. 
Increased or enhanced buffers;
ii. 
Setbacks for permanent and temporary structures;
iii. 
Reduced project scope;
iv. 
Limitations on construction hours;
v. 
Limitations on hours of operation; and/or
vi. 
Relocation of access.
e. 
Mitigation activities shall be monitored to determine effectiveness of the habitat mitigation plan. Monitoring shall be accomplished by a third party, subject to the approval by the Director, and shall have the concurrence of the U.S. Fish and Wildlife Service, NOAA Fisheries, WDFW, and, where applicable, the Department of Ecology. Monitoring shall occur for up to 10 years following implementation of the plan. Results of the monitoring shall be publicly available and reported to the U.S. Fish and Wildlife Service and National Marine Fisheries Service. Reports shall contain the following information:
i. 
A list and map of parcels subject to this requirement;
ii. 
The implementation status of the habitat management plans;
iii. 
Status of the improvements (e.g., updates if success standards are being met, what types of remedial actions have been implemented); and
iv. 
Recommendations for corrective measures if necessary.
f. 
If proposed mitigation is found to be inadequate, or if adequate mitigation is determined to be impossible, the application shall be denied.
g. 
Timing of in-water construction, development, or activity shall be determined by WDFW.
h. 
Properties that are located in the urban conservancy shoreline environment designation shall retain trees that are 12 inches or more in diameter. Trees determined by a certified arborist to be hazardous or diseased may be removed upon approval by the City. If healthy or nonhazardous trees are removed, each removed tree must be replaced with at least three six-foot-tall trees, one 18-foot-tall tree, or one 12-foot plus one six-foot-tall tree. Trees must be of the same species removed, or equivalent native tree species.
E. 
Noise.
1. 
Policy.
a. 
Noise levels shall not interfere with the quiet enjoyment of the shoreline.
2. 
Regulations.
a. 
Any noise emanating from a shoreline use or activity shall be muffled so as to not interfere with the designated use of adjoining properties. This determination shall take into consideration ambient noise levels, intermittent beat, frequency, and shrillness.
b. 
Ambient noise levels shall be a factor in evaluating a shoreline permit application.
c. 
Shoreline developments that would increase noise levels to the extent that the designated use of the shoreline would be disrupted shall be prohibited. Noise shall be evaluated pursuant to Chapter 9.05 SMC, Noise Control.
F. 
Public Health.
1. 
Policy.
a. 
All development within the regulated shoreline shall be located, constructed, and operated so as not to be a hazard to public health and safety.
2. 
Regulations.
a. 
Development shall be designed to conform to the codes and ordinances adopted by the City.
G. 
Land Use.
1. 
Policy.
a. 
The size of the shoreline development and the intensity of the use shall be compatible with the surrounding environment and uses. The City may prescribe operation intensity, landscaping, and screening standards to ensure compatibility with the character and features of the surrounding area.
b. 
Shoreline developments shall minimize land use conflicts to properties adjacent to, upstream, and downstream of the proposed site.
2. 
Regulations.
a. 
In reviewing permit applications, the City shall consider current and potential public use of the shoreline, total water surface reduction, and restriction to navigation.
b. 
Development within the designated shoreline shall comply with the development and uses standards for the underlying zoning district.
H. 
Aesthetics.
1. 
Policy.
a. 
Development should be designed to minimize the negative aesthetic impact structures have on the shoreline by avoiding placement of service areas, parking lots, and/or view-blocking structures adjacent to the shoreline.
2. 
Regulations.
a. 
Development shall be designed to comply with the code standards required in the underlying zoning district.
b. 
If the zoning and use require landscaping, or if planting is required for mitigation by the Director, the property owner shall provide a landscape plan that provides suitable screening that does not block public views.
c. 
Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties and adjoining waters.
d. 
Development on the water shall be constructed of nonreflective materials that are compatible in terms of color and texture with the surrounding area.
e. 
Lighting shall be properly directed and shielded to avoid impacts to fish and off-site glare.
I. 
Historical/Cultural.
1. 
Policy.
a. 
Development should strive to preserve historic or culturally significant resources.
2. 
Regulations.
a. 
Developments that propose to alter historic or culturally significant resources identified by the National Trust for Historic Preservation, the Washington State Department of Archaeology and Historic Preservation, the King County Historic Preservation Program, or the City of Shoreline Historic Resource Inventory, or resources that could potentially be designated as historically or culturally significant, shall follow the applicable Federal, State, County, or local review process(es).
b. 
All shoreline permits issued by the City require immediate work stoppage and City notification when any item of archaeological interest is uncovered during excavation. The applicant or project owner shall notify the Washington State Department of Archaeology and Historic Preservation, affected Indian tribes, and the City.
c. 
Where archaeological or historic sites have been identified, and it is determined that public access to the site will not damage or reduce the cultural value of the site, access may be required consistent with SMC § 20.230.040.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Public access to the shoreline is the physical ability of the general public to reach and touch the water’s edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access, such as picnic areas, pathways and trails, promenades, bridges, street ends, ingress and egress, and parking.
A. 
Public Access Policies.
1. 
Public access provisions should be incorporated into all private and public developments. Exceptions may be considered for the following types of uses:
a. 
A single-family residence;
b. 
An individual multifamily structure containing four or less dwelling units; and/or
c. 
Where deemed inappropriate by the Director.
2. 
Development uses and activities on or near the shoreline should not impair or detract from the public’s visual or physical access to the water.
3. 
Public access to the shoreline should be sensitive to the unique characteristics of the shoreline and should preserve the natural character and quality of the environment and adjacent wetlands; public access should assure no net loss of ecological functions.
4. 
Where appropriate, water-oriented public access should be provided as close as possible to the water’s edge without adversely affecting a sensitive environment.
5. 
Except for access to the water, the preferred location for placement of public access trails is as close to the furthest landward edge of the native vegetation zone as practical. Public access facilities should provide auxiliary facilities, such as parking and sanitation, when appropriate, and shall be designed for accessibility by people with disabilities. Publicly owned shorelines should be limited to water-dependent or public recreation uses; otherwise such shorelines should remain protected open space.
6. 
Public access afforded by public right-of-way street ends adjacent to the shoreline should be preserved, maintained, and enhanced.
7. 
Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. This may include providing a physical separation to reinforce the distinction between public and private space, providing adequate space, through screening with landscape planting or fences, or other means.
8. 
Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excess removal of vegetation that partially impairs views.
9. 
Public access facilities should be constructed of environmentally friendly materials and support healthy natural processes, whenever financially feasible and possible.
10. 
Public access facilities should be maintained to provide a clean, safe experience, and to protect the environment.
B. 
Public Access Regulations.
1. 
Public access shall be required for all shoreline development and uses, except for a single-family residence or residential projects containing four or less dwelling units.
2. 
Requirement of public access to shorelines does not confer the right to enter upon or cross private property, except for dedicated and marked public easements.
3. 
A shoreline development or use that does not provide public access may be authorized provided the applicant demonstrates and the Director determines that one or more of the following provisions apply:
a. 
Unavoidable health or safety hazards to the public exist that cannot be prevented by any feasible means;
b. 
Security requirements cannot be satisfied through the application of alternative design features or other solutions;
c. 
The cost of providing the access, easement, or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development;
d. 
Unacceptable environmental harm, such as damage to fish spawning areas, will result from the public access that cannot be mitigated; and/or
e. 
Significant conflict between the proposed access and adjacent uses would occur and cannot be mitigated.
4. 
The applicant must also demonstrate that all reasonable means to public access have been exhausted, including but not limited to:
a. 
Regulating access by such means as limiting use to daylight hours;
b. 
Designing separation of uses and activities with such means as fences, terracing, hedges, or landscaping; and/or
c. 
Providing access that is physically separated from the proposal, such as a nearby street end, an off-site viewpoint, or a trail system.
5. 
Public access sites shall be made barrier free for people with disabilities.
6. 
Public access sites shall be connected directly to the nearest public street.
7. 
Required public access sites shall be fully developed and available for public use at the time of occupancy or use of the development or activity.
8. 
Public access easements and permit conditions shall be recorded on the deed where applicable or on the face of a plat or short plat as a condition running with the land. Said recording with the King County Recorder’s office shall occur at the time of permit approval.
9. 
The standard Washington State approved logo and other approved signs that indicate the public’s right of access and hours of access shall be constructed, installed, and maintained by the applicant in conspicuous locations at public access sites. Signs controlling or restricting public access may be approved as a condition of permit approval.
10. 
Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters.
11. 
Physical public access shall be designed to prevent significant impacts to natural systems by employing low impact development techniques.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)