Shoreline modification involves developments that provide bank stabilization or flood control. The purpose of the modification is to reduce adverse impacts caused by natural processes, such as current, flood, tides, wind, or wave action. Shoreline modification includes all structural and nonstructural means to reduce flooding and/or erosion of banks.
Nonstructural methods include setbacks of permanent and temporary structures, relocation of the structure to be protected, ground water management, planning, bioengineering or “soft” engineered solutions, and regulatory measures to avoid the need for structural stabilization.
“Hard” structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads, while “soft” structural measures rely on natural materials such as biotechnical vegetation or beach enhancement. Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. New structural shoreline stabilization also often results in vegetation removal, as well as damage to nearshore habitat and shoreline corridors. There are a range of measures varying from soft to hard that include:
•
Vegetation enhancement;
•
Upland drainage control;
•
Biotechnical measures;
•
Beach enhancement;
•
Anchor trees;
•
Gravel placement;
•
Rock revetments;
•
Gabions;
•
Concrete groins;
•
Retaining walls and bluff walls; and/or
•
Bulkheads.
A. 
Shoreline Modification Policies – General.
1. 
Biostabilization and other bank stabilization measures should be located, designed, and constructed primarily to prevent damage to the existing primary structure.
2. 
All new development should be located and designed to prevent or minimize the need for shoreline stabilization measures and flood protection works. New development requiring shoreline stabilization shall be discouraged in areas where no preexisting shoreline stabilization is present.
3. 
Shoreline modifications are only allowed for mitigation or enhancement purposes, or when and where there is a demonstrated necessity to support or protect an existing primary structure or legally existing shoreline use that is otherwise in danger of loss or substantial damage.
4. 
Proposals for shoreline modifications should be designed to protect life and property without impacting shoreline resources.
5. 
Shoreline modifications that are natural in appearance, compatible with ongoing shoreline processes, and provide flexibility for long-term management, such as protective berms or vegetative stabilization, should be encouraged over structural means such as concrete bulkheads or extensive revetments, where feasible.
6. 
Structural solutions to reduce shoreline damage should be allowed only after it is demonstrated that nonstructural solutions would not be able to withstand the erosive forces of the current and waves.
7. 
The design of bank stabilization or protection works should provide for the long-term, multiple use of shoreline resources and public access to public shorelines.
8. 
In the design of publicly financed or subsidized works, consideration should be given to providing pedestrian access to shorelines for low impact outdoor recreation.
9. 
All flood protection measures should be placed landward of the natural flood boundary, including wetlands that are directly interrelated and interdependent with water bodies.
10. 
If, through construction and/or maintenance of shoreline modification developments, the loss of vegetation and wildlife habitat will occur, mitigation should be required.
11. 
Existing, previously permitted stabilization measures, such as bulkheads and retaining walls, are considered engineered and abated hazards and shall not be classified as geologic hazard areas.
B. 
Shoreline Modification Regulations – General.
1. 
All new development, uses or activities within the shoreline area shall be located and designed to prevent or minimize the need for bank stabilization and flood protection works.
2. 
Permitted and shoreline conditional use requirements for bulkheads and revetments are specified in this chapter. All other forms of shoreline modification, except soft shore, must be approved as a shoreline conditional use within all shoreline environments.
3. 
All shoreline stabilization proposals require a geotechnical analysis.
4. 
All shoreline development and activity shall be located, designed, constructed, and managed in a manner that mitigates impacts to the environment. The preferred mitigation sequence (avoid, minimize, mitigate, compensate) shall follow that listed in SMC § 20.230.020(A).
5. 
New non-water-dependent development, including single-family residences, that includes structural shoreline stabilization shall not be allowed unless all of the conditions below apply; otherwise new stabilization measures are limited to protecting only existing developments:
a. 
The need to protect the development from destruction due to erosion caused by natural processes, such as currents and waves, is demonstrated through a geotechnical/hydrogeological report prepared by a City-approved qualified professional.
b. 
The erosion is not caused by upland conditions, such as the loss of vegetation and/or drainage issues.
c. 
There will be no net loss of shoreline ecological functions or impacts to adjacent or down-current properties.
d. 
Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements and soft structural solutions such as bioengineering, are not feasible or not sufficient.
e. 
The structure will not cause adverse impacts to the functions and values of critical areas or properly functioning conditions for proposed, threatened, and endangered species.
f. 
Other mitigation/restoration measures are included in the proposal.
6. 
Upon project completion, all disturbed shoreline areas shall be restored to as near pre-project configuration as possible and replanted with appropriate vegetation. All losses in riparian vegetation or wildlife habitat shall be mitigated at a ratio of 1:1.25 (habitat lost to habitat replaced).
7. 
Shoreline stabilization and flood protection works are prohibited in wetlands and on point and channel bars. They are also prohibited in fish spawning areas.
8. 
Developments shall not reduce the volume and storage capacity of streams and adjacent wetlands or flood plains.
9. 
Use of refuse for the stabilization of shorelines is prohibited.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Dredging and Dredge Spoil Policies.
1. 
Dredging waterward of the OHWM for the primary purpose of obtaining fill material is prohibited.
2. 
Dredging operations should be planned and conducted to minimize interference with navigation; avoid creating adverse impacts on other shoreline uses, properties, and ecological shoreline functions and values; and avoid adverse impacts to habitat areas and fish species.
3. 
Dredge spoil disposal in water bodies shall be prohibited except for habitat improvement.
4. 
Dredge spoil disposal on land should occur in areas where environmental impacts will not be significant.
B. 
Dredging and Dredge Spoil Regulations.
1. 
Dredging and dredge spoil disposal shall be permitted only where it is demonstrated that the proposed actions will not:
a. 
Result in significant damage to water quality, fish, and other essential biological elements;
b. 
Adversely alter natural drainage and circulation patterns, currents, or reduce floodwater capacities;
c. 
Adversely impact properly functioning conditions for proposed, threatened, or endangered species; or
d. 
Adversely alter functions and values of the shoreline and associated critical areas.
2. 
Proposals for dredging and dredge spoil disposal shall include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity; release of nutrients, heavy metals, sulfides, organic materials, or toxic substances; depletion of oxygen; disruption of food chains; loss of benthic productivity; and disturbance of fish runs and/or important localized biological communities.
3. 
Dredging and dredge spoil disposal shall not occur in wetlands unless for approved maintenance or enhancement associated with a restoration project.
4. 
Dredging within the shorelines shall be permitted only:
a. 
For navigational purposes; or
b. 
For activities associated with shoreline or aquatic restoration or remediation.
5. 
When dredging is permitted, the dredging shall be the minimum necessary to accommodate the proposed use.
6. 
Dredging shall utilize techniques that cause minimum dispersal and broadcast of bottom material; hydraulic dredging shall be used wherever feasible in preference to agitation dredging.
7. 
Dredge material disposal shall be permitted in shoreline jurisdiction only as part of an approved shoreline habitat and natural systems enhancement, fish habitat enhancement or watershed restoration project.
8. 
Dredged spoil material may be disposed at approved upland sites. If these upland sites are dry lands and fall within shoreline jurisdiction, the disposal of dredge spoils shall be considered landfilling and must be consistent with all applicable provisions of this Master Program. Depositing dredge spoils within the Puget Sound shall be allowed only by shore-line conditional use for one of the following reasons:
a. 
For wildlife habitat improvements; or
b. 
To correct problems of material distribution that are adversely affecting fish resources.
9. 
If suitable alternatives for land disposal are not available or are infeasible, water disposal sites may be permitted by appropriate agencies, provided the sites are determined by the Director to be consistent with the following criteria:
a. 
Disposal will not interfere with geohydraulic processes;
b. 
The dredge spoil has been analyzed by a qualified professional and found to be minimally or nonpolluting;
c. 
Aquatic life will not be adversely affected; and
d. 
The site and method of disposal meet all requirements of applicable regulatory agencies.
10. 
Disposal of dredge material shall be done in accordance with the Washington State Department of Natural Resources (DNR) Dredge Material Management Program. DNR manages disposal sites through a site use authorization (SUA); all other required permits must be provided to DNR prior to the DNR issuing a SUA for dredge disposal.
11. 
The City may impose reasonable limitations on dredge spoil disposal operating periods and hours, and may require buffer strips at land disposal sites.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Piers and docks may be allowed in accordance with Table 20.230.081 only when the following conditions are met:
A. 
The public’s need for piers and docks is clearly demonstrated, and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020, as amended from time to time.
B. 
Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible, or would result in unreasonable and disproportionate cost to accomplish the same general purpose.
C. 
The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat.
D. 
The project is consistent with the State’s interest in resource protection and species recovery.
E. 
Private, noncommercial docks for joint or community use may be authorized; provided, that:
1. 
Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible; and
2. 
The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat.
F. 
An inventory of the site and adjacent beach sections to assess the presence of critical saltwater habitats and functions is required. The methods and extent of the inventory shall be consistent with accepted research methodology. Proposals will be evaluated using the Department of Ecology technical assistance materials for guidance.
G. 
Community moorage to serve new development shall be limited to the amount of moorage needed to serve lots with water frontage; provided, that a limited number of upland lots may also be accommodated. Applications for shared moorage shall demonstrate that mooring buoys are not feasible prior to approval of dock moorage.
H. 
Piers and docks shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking, and other components that may come in contact with water shall be approved by applicable State agencies for use in water to avoid discharge of pollutants from wave splash, rain, or runoff. At a minimum, piles, floats, or other structural members in direct contact with the water shall be constructed of concrete or steel in accordance with best management practices (BMPs) published by WDFW and the United States Army Corps of Engineers (USACE), and they shall not be treated or coated with herbicides, fungicides, paint, or pentachlorophenol. Use of arsenate compounds or creosote is prohibited.
I. 
Pilings used in piers or docks shall have a minimum clearance of two feet above extreme high tide and a maximum clearance of five feet above the OHWM. Floats shall not rest on the substrate.
J. 
To minimize adverse effects on nearshore habitats and species caused by over-water structures that reduce ambient light levels, the following shall apply:
1. 
The width of docks, piers, floats, and lifts shall be the minimum necessary, and shall not be wider than six feet;
2. 
The length of docks and piers shall be the minimum necessary to prevent the grounding of floats and boats on the substrate during low tide;
3. 
Docks, floats or floating docks shall include stops that serve to keep the float bottom off tidelands at low tide;
4. 
The length and location of docks, piers, floats, and lifts pilings shall be designed using the BMPs as conditioned in the permitting documents approved by WDFW and USACE; and
5. 
The size of shared docks or piers is limited to 700 square feet for two lots and 1,000 square feet for three or more lots.
K. 
All new piers or docks must be fully grated. Grating to allow light passage or reflective panels to increase light refraction into the water shall be used on piers, docks, floats, and gangways in nearshore areas. Decking shall have a minimum open space of 40 percent and after installation at least 60 percent ambient light beneath the structure shall be maintained.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Existing over-water structures may be repaired and/or replaced in the same location as the existing structure.
B. 
Repair or replacement of 50 percent or more of an existing over-water deck structure shall include the replacement of the entire decking with grated material to achieve a minimum open space of 40 percent and shall result in at least 60 percent ambient light beneath the structure.
C. 
Repair or replacement of less than 50 percent of the over-water deck structure shall use grated decking in the area to be replaced. If the cumulative repair in any three-year period exceeds 50 percent, the entire decking shall be replaced to achieve a minimum open space of 40 percent and shall result in at least 60 percent ambient light beneath the structure.
D. 
Repair or replacement of structural members in contact with the water shall be constructed of concrete or steel in accordance with BMPs published by WDFW and USACE and they shall not be treated or coated with herbicides, fungicides, paint, or pentachlorophenol. Use of arsenate compounds or creosote is prohibited.
E. 
Expansion of existing over-water structures is prohibited.
F. 
Other repairs not described in this section to existing legally established structures are considered minor and may be permitted consistent with all applicable regulations.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Bulkheads are walls usually constructed parallel to the shore, whose primary purpose is to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are typically constructed of poured-in-place concrete; steel or aluminum sheet piling; wood; or wood and structural steel combinations.
The SMA only exempts the construction of a normal protective bulkhead associated with an existing single-family residence from the shoreline substantial development permit requirement. However, these structures are required to comply with all the policies and development standards of this Master Program.
A. 
Bulkhead Policies.
1. 
Bulkheads constructed from natural materials, such as protective berms, beach enhancement, or vegetative stabilization, are strongly preferred over structural bulkheads constructed from materials such as steel, wood, or concrete. Proposals for bulkheads should demonstrate that natural methods are unworkable.
2. 
Bulkheads should be located, designed, and constructed primarily to prevent damage to the existing primary structure. New development that requires bulkheads is not permitted except as specifically provided under this Master Program.
3. 
Shoreline uses should be located in a manner so that a bulkhead is not likely to become necessary in the future.
4. 
Bulkheads should not be approved as a solution to geophysical problems such as mass slope failure, sloughing, or landslides. Bulkheads should only be approved for the purposes of preventing bank erosion by the Puget Sound.
B. 
Bulkhead Regulations.
1. 
New bulkheads may be allowed only when evidence is presented to demonstrate that one of the following conditions exists:
a. 
Serious erosion threatens an established use or existing primary structure on upland property;
b. 
Bulkheads are necessary to the operation and location of water-dependent, water-related, or water-enjoyment activities consistent with this Master Program; provided, that all other alternative methods of shore protection have proven infeasible; and/or
c. 
A bulkhead is necessary to retain landfilling that has been approved consistent with the provisions of this Master Program.
2. 
Proposals for bulkheads must first demonstrate through a geotechnical analysis that use of natural materials and processes and nonstructural or soft structural solutions to bank stabilization are not feasible.
3. 
The construction of a bulkhead for the primary purpose of retaining landfilling shall be allowed only in conjunction with:
a. 
A water-dependent use;
b. 
A bridge or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist; and/or
c. 
A wildlife or fish enhancement project.
4. 
Bulkheads shall not be located on shorelines where valuable geohydraulic or biological processes are sensitive to interference. Examples of such areas include wetlands and accretion landforms.
5. 
Bulkheads are to be permitted only where local physical conditions, such as foundation bearing materials, and surface and subsurface drainage, are suitable for such alterations.
6. 
If possible, bulkheads shall be located landward of the OHWM and generally parallel to the natural shoreline. In addition:
a. 
Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than three feet from the toe of the bank;
b. 
A bulkhead for permitted landfilling shall be located at the toe of the fill; and
c. 
Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties; except where the adjoining bulkheads extend waterward of the base flood elevation, the requirements set forth in this section shall apply.
7. 
Replacement bulkheads may be located immediately waterward of the bulkhead to be replaced such that the two bulkheads will share a common surface, except where the existing bulkhead has not been backfilled or has been abandoned and is in serious disrepair. In such cases, the replacement bulkhead shall not encroach waterward of the OHWM or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns.
8. 
All bulkhead proposals require a geotechnical report prepared by a qualified professional. Bulkheads shall be sited and designed as recommended in approved geotechnical reports. For the waterfront residential environment designation, one geotechnical report could be prepared for multiple properties.
9. 
When a bulkhead is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design.
10. 
Bulkheads shall be designed for the minimum dimensions necessary to adequately protect the development.
11. 
Stairs or other permitted structures may be built into a bulkhead but shall not extend water-ward of the bulkhead, unless they are retractable or removable.
12. 
Bulkheads shall be designed to permit the passage of surface or ground water without causing ponding or saturation of retained soil/materials.
13. 
Adequate toe protection consisting of proper footings, a fine retention mesh, etc., shall be provided to ensure bulkhead stability without relying on additional riprap.
14. 
Materials used in bulkhead construction shall meet the following standards:
a. 
Bulkheads shall utilize stable, nonerodible, homogeneous materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat;
b. 
Dredge spoils shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off-site dredge and fill operation; and
c. 
Backfill and wave returns to stabilize bulkheads are permitted.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A revetment is a sloped shoreline structure built to protect an existing eroding shoreline or newly placed fill against currents. Revetments are most commonly built of randomly placed boulders (rip-rap) but may also be built of sand cement bags, paving or building blocks, gabions (rock filled wire baskets), or other systems and materials. The principal features of a revetment, regardless of type, are a heavy armor layer, a filter layer, and toe protection.
A. 
Revetment Policies.
1. 
The use of armored structural revetments should be limited to situations where it is determined that nonstructural solutions such as bioengineering, setbacks, buffers or any combination thereof, will not provide sufficient shoreline stabilization.
2. 
Revetments should be designed, improved, and maintained to provide public access whenever possible.
B. 
Revetment Regulation.
1. 
The proposed revetment shall be designed by a qualified professional engineer.
2. 
Design of revetments shall include and provide improved access to public shorelines whenever possible.
3. 
When permitted, the location and design of revetments shall be determined using engineering principles, including guidelines of the Natural Resources Conservation Service and USACE.
4. 
Armored revetment design shall meet the following design criteria:
a. 
The size and quantity of the material shall be limited to only that necessary to with-stand the estimated energy intensity of the hydraulic system;
b. 
Filter fabric must be used to aid drainage and help prevent settling;
c. 
The toe reinforcement or protection must be adequate to prevent a collapse of the system from scouring or wave action; and
d. 
Fish habitat components, such as large boulders, logs, and stumps, shall be considered in the design subject to a hydraulic project approval by WDFW.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Land Disturbing Activity Policies.
1. 
Land disturbing activities should only be allowed in association with a permitted shoreline development.
2. 
Land disturbing activities should be limited to the minimum necessary to accommodate the shoreline development or a landscape plan developed in conjunction with the shoreline development.
3. 
Erosion shall be prevented and sediment shall not enter waters of the State.
B. 
Land Disturbing Activity Regulations.
1. 
All land disturbing activities shall only be allowed in association with a permitted shoreline development.
2. 
All land disturbing activities shall be limited to the minimum necessary for the intended development, including any clearing and grading approved as part of a landscape plan. Clearing invasive, nonnative shoreline vegetation listed on the King County Noxious Weed List is permitted in the shoreline area with an approved clearing and grading permit provided best management practices are used as recommended by a qualified professional, and native vegetation is promptly reestablished in the disturbed area.
3. 
Tree and vegetation removal shall be prohibited in required native vegetation conservation areas, except as necessary to restore, mitigate or enhance the native vegetation by approved permit as required in these areas.
4. 
All significant trees in the native vegetation conservation areas shall be designated as protected trees consistent with SMC § 20.50.330 and removal of hazard trees must be consistent with SMC § 20.50.310(A)(1).
5. 
All shoreline development and activities shall use measures identified in the 2014 Department of Ecology Stormwater Management Manual for Western Washington, or as revised. Stabilization of exposed surfaces subject to erosion along shorelines shall, whenever feasible, utilize soil bioengineering techniques.
6. 
For extensive land disturbing activities that require a permit, a plan addressing species removal, revegetation, irrigation, erosion and sedimentation control, and other methods of shoreline protection should be required.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 850 § 1 (Exh. A), 2019; Ord. 856 § 2 (Exh. A), 2019)
A. 
Landfilling Policies.
1. 
The perimeter of landfilling should be designed to avoid or eliminate erosion and sedimentation impacts, during both initial landfilling activities and over time.
2. 
Where permitted, landfilling should be the minimum necessary to provide for the proposed use and should be permitted only when conducted in conjunction with a specific development proposal that is permitted by this Master Program. Speculative landfilling activity should be prohibited.
B. 
Landfilling Regulations.
1. 
Landfilling activities shall only be permitted in conjunction with a specific development. Landfilling may be permitted as a shoreline conditional use for any of the following:
a. 
In conjunction with a water-dependent use permitted under this Master Program; and/or
b. 
In conjunction with a bridge, utility, or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist.
2. 
Pier or pile supports shall be utilized in preference to landfilling. Landfilling for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven structurally infeasible.
3. 
Landfilling shall be permitted only where it is demonstrated that the proposed action will not:
a. 
Result in significant damage to water quality, fish, and/or wildlife habitat; or
b. 
Adversely alter natural drainage and current patterns or significantly reduce floodwater capacities.
4. 
Where landfilling activities are permitted, the landfilling shall be the minimum necessary to accommodate the proposed use.
5. 
Landfilling from dredging and dredge material disposal shall be done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided shall be mitigated in a manner that assures no net loss of shoreline ecological functions.
6. 
Dredging waterward of the OHWM for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of shoreline ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the OHWM.
7. 
Landfilling shall be designed, constructed, and maintained to prevent, minimize, and control all material movement, erosion, and sedimentation from the affected area. Landfilling perimeters shall be designed and constructed with silt curtains, vegetation, retaining walls, or other mechanisms to prevent material movement. In addition, the sides of the landfilling shall be appropriately sloped to prevent erosion and sedimentation, during both the land-filling activities and afterwards.
8. 
Fill materials shall be clean sand, gravel, soil, rock, or similar material. Use of polluted dredge spoils and sanitary landfilling materials is prohibited. The property owner shall provide evidence that the material has been obtained from a clean source prior to fill placement.
9. 
Landfilling shall be designed to allow surface water penetration into aquifers, if such conditions existed prior to the fill.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Sign Policies. Signs should be designed and placed so that they are compatible with the natural quality of the shoreline environment and adjacent land and water uses.
B. 
Sign Regulations. Signs within the City, including the shoreline area, are subject to the requirements and standards specified in Chapter 20.50 SMC, Subchapter 8. Signs are based on the underlying zoning. In addition, the following sign requirements shall apply to signs within shoreline areas:
1. 
Signs shall only be allowed in or over water for navigation purposes; at road or railroad crossings as necessary for operation, safety, and direction; or as related and necessary to a water-dependent use.
2. 
Signs are permitted in all shoreline environments upland of the OHWM. These sign standards supplement the provisions of SMC §§ 20.50.530 to 20.50.610. Where there is a conflict, the provisions herein shall apply.
C. 
Prohibited Signs.
1. 
All prohibited signs per SMC § 20.50.550.
2. 
Balloons, any inflatable signs, or inflatable objects used to aid in promoting the sale of products, goods, services, events, or to identify a building.
3. 
Searchlights and beacons.
4. 
Electronic reader boards or changing message signs.
5. 
Neon signs.
6. 
Pole signs.
7. 
Backlit awnings used as signs.
8. 
Internally illuminated signs, except as allowed in subsection (D)(1) of this section.
9. 
Signs that impair visual access from public viewpoints in view corridors are prohibited in all shoreline environments.
D. 
Illumination of Signs.
1. 
Illumination of signs is only allowed as permitted by the underlying zoning.
2. 
Internal illumination of signs is only allowed with light provided by LED or other Energy Star rated luminaires, and is limited to:
a. 
Opaque cabinet signs where light only shines through the letters, not including symbols, images, or background; or
b. 
Shadow lighting, where letters are backlit, but light only shines through the edges of the letters.
3. 
All externally illuminated signs shall shield nearby properties from direct lighting. Light source must be within a maximum of six feet from the sign display, and limited to LED or other Energy Star rated luminaires.
4. 
No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business, and then may remain on only as long as the business is open.
5. 
The light from any illuminated sign shall be shaded, shielded, or directed so that the light intensity or brightness shall not adversely affect:
a. 
Surrounding or facing premises;
b. 
Safe vision of operators of vehicles on public or private roads, highways, or parking areas; or
c. 
Safe vision of pedestrians on a public right-of-way.
6. 
Light from any sign shall not shine on, nor directly reflect into, residential structures, lots, or the water.
7. 
These provisions shall not apply to:
a. 
Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, and highway or street illumination;
b. 
Aircraft warning lights;
c. 
Temporary lighting used for repair or construction as required by governmental agencies; or
d. 
Temporary use of lights or decorations relating to religious or patriotic festivities.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Stormwater Management Facilities Policies.
1. 
Stormwater facilities located in the shoreland area should be maintained only to the degree necessary to ensure the capacity and function of the facility, including the removal of non-native, invasive plant species.
2. 
The stormwater facility should be planted with native vegetation.
B. 
Stormwater Management Facility Regulations.
1. 
New stormwater facilities shall be located so as not to require any shoreline protection works.
2. 
Stormwater facility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with stormwater facility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner.
3. 
Construction of stormwater facilities in shoreland areas shall be timed to avoid fish and/or wildlife migratory and spawning periods.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and cause-ways, bikeways, trails, railroad facilities, and boat and floatplane terminals.
A. 
Transportation Policies.
1. 
New roads within the shoreline area should be minimized.
2. 
Roads and railroad locations should be planned to fit the topographical characteristics of the shoreline such that alteration of natural conditions is minimized.
3. 
Pedestrian and bicycle trails should be encouraged.
4. 
When existing transportation corridors are abandoned they should be reused for water-dependent use or public access.
5. 
Alternatives to new roads or road expansion in the shoreline area should be considered as a first option.
6. 
Joint use of transportation corridors within shoreline jurisdiction for roads, utilities, and motorized forms of transportation should be encouraged.
7. 
New roads should be designed to accommodate bicyclists, pedestrians, and transit, where feasible.
B. 
Transportation Regulations.
1. 
Transportation facilities and services shall utilize existing transportation corridors wherever possible, provided the shoreline is not adversely impacted and the development is otherwise consistent with this Master Program.
2. 
Transportation and primary utilities shall jointly use rights-of-way.
3. 
Landfilling activities for transportation facility development are prohibited in wetlands and on accretion beaches, except when all structural and upland alternatives have proven infeasible, and the transportation facilities are necessary to support uses consistent with this Master Program.
4. 
Major new roads and railways shall avoid being located in the shoreline jurisdiction to the extent practical. These roads shall cross shoreline areas by the shortest, most direct route, unless this route would cause more damage to the environment.
5. 
New transportation facilities shall be located and designed to minimize or prevent the need for shoreline modification.
6. 
All bridges must be built high enough to allow the passage of debris, and provide three feet of clearance above the base flood elevation.
7. 
Shoreline transportation facilities shall be located and designed to avoid steep or unstable areas and fit the existing topography in order to minimize cuts and fills.
8. 
Bridge abutments and necessary approach fills shall be located landward of the OHWM, except bridge piers may be permitted in a water body as a shoreline conditional use.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
In the event that a proposed shoreline use or activity is not identified or classified in this Master Program, the following regulation shall apply:
A. 
Regulations. All uses and activities proposed in the shoreline area that are not classified by provisions in this Master Program shall require a shoreline conditional use permit.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Primary utilities include substations; pump stations; treatment plants; sanitary sewer outfalls; electrical transmission lines greater than 55,000 volts; water, sewer or storm drainage mains greater than eight inches in diameter; gas and petroleum transmission lines; and submarine telecommunications cables. Accessory utilities include local public water, electric, natural gas distribution, public sewer collection, cable and telephone service, and appurtenances.
A. 
Utility Policies.
1. 
Utilities should utilize existing transportation and utility sites, rights-of-way, and corridors whenever possible. Joint use of rights-of-way and corridors should be encouraged.
2. 
Unless no other feasible alternative exists, utilities should be prohibited in the shoreline jurisdiction, wetlands, and other critical areas. There shall be no net loss of ecological functions or significant impacts to other shoreline resources or values.
3. 
New utility facilities should be located so as not to require extensive shoreline modifications.
4. 
Whenever possible, utilities should be placed underground or alongside or under bridges.
5. 
Solid waste disposal activities and facilities should be prohibited in shoreline areas.
B. 
Utility Regulations.
1. 
Utility development shall provide for compatible, multiple use of sites and rights-of-way when practical.
2. 
Utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations; endanger the public health, safety, and welfare; or create a significant and disproportionate liability for the owner.
3. 
The following primary utilities, which are not essentially water-dependent, may be permitted as a shoreline conditional use if it can be shown that no reasonable alternative exists:
a. 
Water system treatment plants;
b. 
Sewage system lines, interceptors, pump stations, and treatment plants;
c. 
Electrical energy generating plants, substations, lines, and cables; or
d. 
Petroleum and gas pipelines.
4. 
New solid waste disposal sites and facilities are prohibited.
5. 
New utility lines including electricity, communications, and fuel lines shall be located underground, except where the presence of bedrock or other obstructions make such placement infeasible.
6. 
Transmission and distribution facilities shall cross shoreline areas by the shortest, most direct route feasible, unless such route would cause increased environmental damage.
7. 
Utilities requiring withdrawal of water shall be located only where minimum flows as established by WDFW can be maintained.
8. 
Utilities shall be located and designated so as to avoid the use of any structural or artificial shoreline modification.
9. 
All underwater pipelines are prohibited. If no other alternative exists, a shoreline conditional use permit is required.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)