A. 
Regulations.
1. 
SMP Table 16.15.200(C) indicates which shoreline activities, uses, developments, and modifications may be allowed or are prohibited in shoreline jurisdiction within each shoreline environment designation. Activities, uses, developments, and modifications are classified as follows:
a. 
"Permitted uses" require a shoreline substantial development permit or a shoreline exemption.
b. 
"Conditional uses" require a shoreline conditional use permit per CCC § 16.15.750.
c. 
"Prohibited" activities, uses, developments, and modifications are not allowed and cannot be permitted through a variance or shoreline conditional use permit.
d. 
General Regulations (this article) and Shoreline Modifications and Use Regulations (Article IV of this chapter) shall be considered for additional limitations.
2. 
All uses shall comply with the written provisions and regulations in this SMP and the shoreline use and modification matrix in subsection (C) of this section. Where there is a conflict between the chart and the written provisions in this SMP, the written provisions shall control.
B. 
General.
1. 
Accessory uses shall be subject to the same shoreline permit process as their primary use.
2. 
Authorized uses and modifications shall be allowed only in shoreline jurisdictions where the underlying zoning allows for it and is subject to the policies and regulations of this SMP.
3. 
A use is considered unclassified when it is not listed in Table 16.15.200(C) or in the Shoreline Modifications and Use Regulations (Article IV of this chapter). Any proposed unclassified use may be authorized as a conditional use; provided, that the applicant can demonstrate consistency with the requirements of this SMP.
4. 
If any part of a proposed activity, use, modification, or development is not eligible for exemption per CCC § 16.15.770 (Exemptions from shoreline substantial development permits), then a shoreline substantial development permit or shoreline conditional use permit shall be required for the entire proposed development project.
5. 
When a specific use or modification extends into the aquatic environment and an abutting upland environment without clear separation (e.g., private moorage facility or shoreline stabilization), the most restrictive permit process shall apply to that use or modification.
6. 
Shoreline and critical areas buffers provided in Table 16.15.210(B-4) and described in Article V of this chapter apply to all uses and modifications unless stated otherwise in the regulations.
7. 
Any uses allowed in the floodway in any environment designation, except as allowed by CCC § 16.15.540, Frequently flooded areas.
8. 
Administrative interpretation of these regulations shall be done according to CCC § 16.15.710, Interpretation.
C. 
Shoreline Use and Modification Matrix.
Table 16.15.200(C). Shoreline Use and Modification Matrix for the Southeast Washington Region
A = Allowed with Substantial Development Permit
C = Conditional Use
X = Prohibited
NA = Not Applicable
Aquatic
Natural
Rural
Conservancy
Recreation
High Intensity
Shoreline Residential
Use/Modification
Resource Uses
Agriculture
X
X
A
A1
X
X
A
Aquaculture
A2
X
C
A2, C
X
A2, C
X
Forest practices
NA
C
A
A
C
X
C
Mining
X
X
C
C
X
C
X
Boating Facilities
Public boat launch (motorized boats)
C
X
C
C
C
C
C
Private boat launch (motorized boats) – only allowed on Snake River within or south of Asotin
A
X
A
A
NA
A
A
Private boat launch (nonmotorized boats – canoe/kayak; and drift boats on Snake River within or south of Asotin and Grande Ronde)
A
X
A
A
NA
A
A
Marina
A
X
C
C
A
A
C
Live-aboard vessels
A
X
C
C
A
A
C
Docks, Piers, Mooring Facilities
Private and shared moorage
X
X
X
X
NA
X
X
Public moorage
A
X
C
A
A
A
A
Covered moorage
C
X
X
X
X
C
X
Commercial Development
Water-dependent
A
X
A
A
A
A
C
Water-related, water-enjoyment
X
X
A
C
A
A
C
Non-water-oriented
X
X
C3
C3
A3
A3
X
Dredging Activities
Dredging
A
NA
NA
NA
NA
NA
NA
Dredge material disposal
C
X
C
C
C
C
C
Dredging and fill as part of ecological restoration/enhancement
A
A
A
A
A
A
A
Fill
Fill waterward of OHWM and in floodways
C
C
C
C
C
C
C
Other upland fill
NA
C
A
A
A
A
A
Industrial Uses
Water-dependent
X
X
X
X
X
A
X
Water-related, water-enjoyment
X
X
X
X
X
A
X
Non-water-oriented
X
X
X
X
X
A3
X
In-Water Modifications
Breakwater
C
X
C
C
C
C
C
Groins and weirs
C
X
C
C
C
C
C
In-stream structures
A4, C
A4, C
A4, C
A4, C
A4, C
A4, C
A4, C
Research and Monitoring
Water-dependent
A
A
A
A
A
A
A
Water-related
A
A
A
A
A
A
A
Non-water-oriented
A
A
A
A
A
A
A
Recreational Development
Water-dependent
A
A5
A
A5
A
A
A
Water-related, water-enjoyment (trails, accessory buildings)
C
A5
A
A5
A
A
A
Non-water-oriented
X
X
A
C
A
A
A3
Residential Development
X
C
A
A5
A
A3
A
Shoreline Habitat and Natural Systems Enhancement Projects
A
A
A
A
A
A
A
Flood Control and Shoreline Stabilization
Flood Control
Modification of existing flood-control facilities (dams, dikes, and levees), including replacement landward of existing location
A
A
A
A
A
A
A
New flood-control facilities (dams, dikes, and levees)
C
X
C
C
C
A
C
Shoreline Stabilization
New – Conventional (bulkheads, riprap)
C
X
C
C
C
C
C
New – Biotechnical
A
A
A
A
A
A
A
Replacement6
A
A
A
A
A
A
A
Normal maintenance and repair7
A
A
A
A
A
A
A
Transportation
Highways, arterials, railroads (parallel to OHWM)
C
X
A
A
A
A
A
Secondary/public access roads (parallel to OHWM)
NA
X
A
A
A
A
A
Roads perpendicular to the OHWM
X
C
A
A
A
A
A
Bridges (perpendicular to shoreline)
C
C
A
C
A
A
C
Existing bridges, trails, roads, and parking facilities: improvement or expansion8
A
A
A
A
A
A
A
New parking, primary
X
X
X
X
X
X
X
New parking, accessory
Takes permit types of primary use
Utilities
Above-ground and underground utilities (parallel and across shoreline)
C
C
A
A
A
A
A
Other
Cemeteries/burial plots
X
X
X
X
X
X
X
Notes:
1 = Allowed with substantial development permit when agricultural uses are passive, such as livestock grazing, harvesting of noncultivated crops, or small-scale farms, or when ecological functions are degraded to the point where the land is functionally equivalent to cultivated land.
2 = Allowed with substantial development permit for noncommercial net pens, rearing ponds, or acclimation facilities supporting salmon recovery efforts.
3 = New uses are allowed as part of mixed use or according to CCC § 16.15.340(B), 16.15.380(B), or as part of an existing use according to Article VI, Existing Uses, Structures and Lots.
4 = Allowed with substantial development permit for habitat restoration and/or fish habitat enhancement purposes; SDP not required for habitat enhancement projects meeting the criteria of RCW 77.55.181.
5 = Low-intensity only.
6 = Exempt for protective bulkhead common to single-family residences according to CCC § 16.15.770(D)(3) and when consistent with CCC § 16.15.440(E) and (F).
7 = As applied to shoreline stabilization measures, "normal repair" and "normal maintenance" include the patching, sealing, or refinishing of existing structures; the replenishment of sand or other material that has been washed away; or replacement of less than 20 percent of the structure. Normal maintenance and normal repair are limited to those actions that are typically done on a periodic basis. Construction that causes significant ecological impacts is not considered normal maintenance and repair.
8 = Expansion not allowed within riparian habitat area buffer, unless mitigation report demonstrates no other feasible alternatives exist outside of the buffer; impacts shall be fully mitigated.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Regulations.
1. 
To preserve the existing and planned character of the shoreline consistent with the purposes of the shoreline environment designations, development standards are provided in Table 16.15.210(B-1). These standards apply to all uses and modifications, unless indicated otherwise. In addition, shoreline developments shall comply with all other dimensional requirements of applicable local codes.
2. 
When a development or use is proposed that does not comply with the dimensional performance standards of this SMP not otherwise allowed by administrative reduction or administrative modification, such development or use can only be authorized by approval of a shoreline variance.
3. 
No permit shall be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines, except for rural and high intensity environments, or where the SMP does not prohibit the same, and then only when overriding considerations of the public interest will be served.
B. 
Shoreline Development Standards Matrix.
Table 16.15.210(B-1). Shoreline Development Standards for Asotin, Columbia, and Garfield Counties
Standard
Aquatic
Natural
Rural
Conservancy
Recreation
High Intensity
Shoreline Residential
Building height maximum in feet
15
35
As required
35
Impervious surface cover
NA
5%
Up to 10% for lots greater than 5 acres; up to 15% for lots 5 acres or less
NA
Up to 10% for lots greater than 5 acres; up to 15% for lots 5 acres or less
Trail width in feet
NA
Up to 10 feet or as required by ADA regulations. Trails on private properties and not open for public use shall be up to 5 feet wide.
Notes:
ADA = Americans with Disabilities Act
NA = Not applicable
Table 16.15.210(B-2). Shoreline Development Standards for the City of Clarkston and City of Asotin
Standard
Aquatic
Conservancy
Recreation
High Intensity
Shoreline Residential
Building height maximum in feet
NA
35
As required
35
Impervious surface cover
NA
15%
Up to 25%
Up to 35%
Up to 35%
Trail width in feet
NA
Up to 10 feet or as required by ADA regulations. Trails on private properties and not open for public use shall be up to 5 feet wide.
Notes:
ADA = Americans with Disabilities Act
NA = Not applicable
Table 16.15.210(B-3). Shoreline Development Standards for the Town of Starbuck
Standard
Aquatic
Conservancy
Rural
Shoreline Residential
Building height maximum in feet
NA
35
Impervious surface cover
NA
Up to 15%
Up to 35%
Trail width in feet
NA
Up to 10 feet or as required by ADA regulations. Trails on private properties and not open for public use shall be up to 5 feet wide.
Notes:
ADA = Americans with Disabilities Act
NA = Not applicable
Table 16.15.210(B-4)
Southeast Washington Regional SMP Reach-Based Riparian Buffer Widths for All Jurisdictions
Water Body/Reach/Jurisdiction (See Environment Designation with Reaches Map)
Riparian Buffer Width (Feet)1,2
Segments of All Water Bodies with Natural Environment Designation
• Entire SMA jurisdiction area
Segments of All Water Bodies with Conservancy Environment Designation (Except Town of Starbuck, City of Asotin, and City of Clarkston)
• 150 feet
Asotin, George and Joseph Creeks; Grande Ronde, Snake, Tucannon and Touchet Rivers
• 75 feet for areas where riparian habitat area is 60 feet in width or less
• Where a riparian habitat area width is greater than 60 feet but less than 135 feet, then the buffer extends 15 feet beyond the edge of the riparian area
• 150 feet where riparian habitat area is 135 feet in width or greater
• To the edge of the CREP lands contracted edge; no maximum buffer width applies to these lands
Snake River – High Intensity
• 35 feet
Tucannon River – Starbuck Reach
• 100 feet (Conservancy Environment Designation)
• 75 feet (Rural Environment Designation)
• 65 feet (Shoreline Residential)
Snake River – City of Clarkston and City of Asotin Reaches
• 65 feet (Conservancy)
• 50 feet (Recreation)
• 35 feet (High Intensity)
• 65 feet (Shoreline Residential)
Notes:
1 = Measured from the OHWM or top of bank, on each side of the channel as applicable.
2 = Accompanied by stormwater management measures/facilities, geologic hazard protections, wetland buffers, priority habitat and species-specific management recommendations, and other shoreline master program conditions, as applicable.
CREP = Conservation Reserve Enhancement Program
OHWM = Ordinary High Water Mark
SMP = Shoreline Master Program
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Permits issued in areas documented to contain archaeological resources may require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes.
B. 
Upon receipt of application for a shoreline permit or application for a demolition permit within the shoreline area, or request for a statement of exemption for development on properties within 200 feet of a site known to contain a historic, cultural or archaeological resource(s), the shoreline administrator may require a cultural resource site survey/assessment. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of historic or significant archaeological resources, and be paid by the applicant.
C. 
If the cultural resource site assessment identifies the presence of archaeological, or significant historic, cultural resources, recommendations shall be prepared by a professional archaeologist or historic preservation professional, as part of the survey/assessment. In the preparation of such plans, the professional archaeologist or historic preservation professional shall solicit comments from the Washington State Department of Archaeology and Historic Preservation and the affected tribes. Comments received shall be incorporated into the conclusions and recommended conditions of the survey/assessment to the maximum extent practicable.
1. 
A cultural resources survey/assessment shall contain the following elements, as applicable:
a. 
The purpose of the project; a site plan for proposed on-site development; including indication of any existing building or structures on site as well as any that are proposed for removal; depth and location of all ground disturbing activities including, but not limited to, utilities, paved areas, clearing and grading, landscaping or new landscape features (i.e., fencing, walls, etc.); an examination of project on-site design alternatives; and an explanation of why the proposed activity requires a location on, or access across and/or through, an historic or archaeological resource; and
b. 
A description of the historic/archaeological resources present, including any building or structure over 40 years of age affected by the proposal; and
c. 
An analysis of the significance of the historic resource and an analysis of the potential adverse impacts as a result of the activity;
d. 
An analysis of how these impacts will be/have been avoided; or
e. 
A recommendation of appropriate mitigation measures if the resources cannot be avoided. (Note: Some mitigation measures may require additional approval from DAHP.) In the case of archaeological resources mitigation measures may include but are not limited to the following:
i. 
Recording the site with the State Department of Archaeology and Historic Preservation, or listing the site in the National Register of Historic Places, Washington Heritage Register, as applicable, or any locally developed historic registry formally adopted by the Columbia County council;
ii. 
Adaptive re-use of buildings or structures according to the U.S. Secretary of the Interior's Standards for Rehabilitation;
iii. 
Preservation in place;
iv. 
Covering an archaeological site with a nonstructural surface to discourage pilferage (e.g., maintained grass or pavement);
v. 
Excavation and recovery of archaeological resources;
vi. 
Inventorying prior to covering of archaeological resources with structures or development; and
vii. 
Archaeological monitoring of construction excavation.
D. 
The shoreline administrator shall consult with the Washington State Department of Archaeology and Historic Preservation and affected tribes prior to approval and acceptance of the survey/assessment.
E. 
Based upon consultation with DAHP and the affected tribe(s), the shoreline administrator may reject or request revision of the conclusions reached in a survey/assessment when the shoreline administrator can demonstrate that the assessment is inaccurate or does not fully address the historic/archaeological resource management concerns involved.
F. 
In all developments, if archaeological resources are uncovered during excavation, developers and property owners shall stop work immediately and notify the local government, and the shoreline administrator will then coordinate with the Department of Archaeology and Historic Preservation and affected Indian tribes for guidance on complying with applicable state and federal laws and regulations. The shoreline administrator will work with the developer and property owners to verify compliance with applicable requirements.
(Ord. 2016-02)
A. 
All project proposals, including those for which a shoreline substantial development permit is not required, shall comply with Chapter 43.21C RCW, the SEPA.
B. 
Applicants shall apply the following mitigation sequencing steps in order of priority to avoid or minimize adverse effects and significant ecological impacts (with subsection (B)(1) of this section being top priority):
1. 
Avoid the adverse impact altogether by not taking a certain action or parts of an action.
2. 
Minimize adverse 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.
3. 
Rectify the adverse impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project.
4. 
Reduce or eliminate the adverse impact over time by preservation and maintenance operations.
5. 
Compensate for the adverse impact by replacing, enhancing, or providing substitute resources or environments.
6. 
Monitor the adverse impact and the compensation projects and taking appropriate corrective measures.
C. 
Projects that cause significant adverse environmental impacts, as defined in WAC 197-11-794 and CCC § 16.15.860, Definitions, are not allowed unless mitigated according to subsection (B) of this section to avoid reduction or damage to ecosystem-wide processes and ecological functions. As part of this analysis, the applicant shall evaluate whether the project may adversely affect existing hydrologic connections between streams and wetlands and either modify the project or mitigate any impacts as needed.
D. 
When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the adversely impacted functions directly and in the immediate vicinity of the adverse impact. However, alternative compensatory mitigation may be authorized within the affected drainage area or watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or resource management plans, including the SMP restoration plan, applicable to the area of adverse impact. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions.
(Ord. 2016-02)
A. 
Vegetation conservation standards shall not apply retroactively to existing uses and developments. Vegetation associated with existing structures, uses, and developments may be maintained within shoreline jurisdiction as stipulated in the approval documents for the development.
B. 
Regulations specifying shoreline buffers are located in Article V, Critical Areas. Vegetation within shoreline buffers, other stream buffers, and wetlands and wetland buffers shall be managed consistent with Article V of this chapter.
C. 
Vegetation outside of shoreline buffers, other stream buffers, wetlands and wetland buffers within shoreline jurisdiction shall be managed according to CCC § 16.15.230, Environmental protection, and any other regulations specific to vegetation management contained in other sections of this SMP.
D. 
Vegetation clearing outside of wetlands and wetland and stream buffers shall be limited to the minimum necessary to accommodate approved shoreline development that is consistent with all other provisions of this SMP. Mitigation sequencing per CCC § 16.15.230, Environmental protection, shall be applied so that the design and location of the structure or development minimizes native vegetation removal.
E. 
Removing noxious weeds and other invasive species shall be incorporated in management and mitigation plans, when applicable, to facilitate establishing a stable native plant community.
F. 
Vegetation clearing and removal activities shall only be permitted in conjunction with a specific preexisting or approved development that represents a permitted or legal existing use under this program.
G. 
Vegetation clearing, removal, or alteration within any shoreline buffer shall be discouraged and the applicant shall demonstrate by substantial evidence that such activities within a shoreline buffer are necessary to accommodate an allowed or permitted use, activity or development and that avoidance is not feasible.
H. 
All vegetation management, preservation, and rehabilitation or enhancement activities shall be designed and implemented to ensure effective maintenance of vegetation in ecologically intact shoreline areas and increase the integrity of vegetation in ecologically altered areas.
I. 
Vegetation removal or clearing activities that would likely result in significant soil erosion or in the need for structural shoreline stabilization measures shall not be permitted.
J. 
Soil bioengineering techniques shall be used during the restoration of any disturbed or degraded shoreline area. All such projects shall use native plant materials of a diversity and type similar to those that originally occupied the site.
(Ord. 2016-02)
A. 
The location, design, construction, and management of all shoreline uses and activities shall not reduce the quality and quantity of surface runoff water, groundwater, and stormwater infiltration on and adjacent to the site.
B. 
All shoreline development should comply with the requirements of the latest version of Ecology's Stormwater Management Manual for Eastern Washington.
C. 
Best management practices (BMPs) for controlling erosion and sedimentation shall be implemented for all shoreline development.
D. 
Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or hazardous materials, shall not be allowed to enter any body of water or wetland, or to be discharged onto the land. Potentially harmful materials shall be maintained in safe and leak-proof containers.
E. 
During construction, vehicle refueling and vehicle maintenance shall occur outside of regulated shoreline areas to the extent practicable.
F. 
Within 25 feet of a water body, herbicides, fungicides, fertilizers, and pesticides shall be applied in strict conformance to the manufacturer's recommendations and in accordance with relevant state and federal laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al v. EPA shall not be applied within 60 feet for ground applications or within 300 feet for aerial applications of the subject water bodies and shall be applied by a qualified professional in accordance with state and federal law.
G. 
New development shall provide stormwater management facilities designed, constructed, and maintained in accordance with the latest version of Ecology's Stormwater Management Manual for Eastern Washington, including the use of BMPs. Additionally, new development shall implement low-impact development techniques where feasible and necessary to fully implement the core elements of the Surface Water Design Manual.
H. 
For new development with potential for adverse impacts on water quality or quantity in a stream or fish and wildlife habitat conservation area, a critical area report as prescribed in Article V, Critical Areas, shall be prepared. Such reports should discuss the project's potential to exacerbate impaired water quality parameters and which total maximum daily loads (TMDLs) for pollutants have been established. The report shall prescribe any necessary mitigation and monitoring.
I. 
All materials that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, and approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave or boat wake splash, rain, or runoff. Wood treated with creosote, copper chromium, arsenic, or pentachlorophenol, or other similarly toxic materials is prohibited in shoreline water bodies.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Applicants required to provide shoreline public access shall provide physical access, or if this is not appropriate for safety or similar reasons, visual access, consistent with the coalition's public access plan and other agencies' management plans when applicable, unless specifically exempted in this section. Examples of physical and visual access are listed below:
1. 
Visual Access. Visual public access may consist of view corridors, viewpoints, or other means of visual access to shorelines of the state.
2. 
Physical Access. Physical public access may consist of a dedication of land or easement and a physical improvement in the form of a walkway, trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, view platform, public right-of-way for county roads and state highways, or other areas serving as a means of physical approach to public waters.
B. 
Except as provided in subsection (C) of this section, new uses shall provide for safe and convenient public access to and along the shoreline where any of the following conditions are present:
1. 
The development is proposed by a public entity or on public lands.
2. 
The nature of the proposed use, activity, or development will likely result in an increased demand for public access to the shoreline.
3. 
The proposed use, activity, or development is not a water-oriented or other preferred shoreline use, activity, or development under the SMA such as a non-water-oriented commercial or recreational use.
4. 
The proposed use, activity, or development may block or discourage normal public use, including, but not limited to, the use of customary and established public access paths, walkways, trails, public transportation rights-of-way for roads and highways, or corridors.
5. 
The proposed use, activity, or development will interfere with the public use, activity, and enjoyment of shoreline areas or water bodies subject to the public trust doctrine.
6. 
The proposed use, activity, or development includes key areas for public access recommended in the restoration plan.
7. 
The proposed activity is a publicly financed shoreline erosion-control measure that can accommodate public access without sacrificing long-term performance of the control measure and public safety.
C. 
An applicant shall not be required to provide public access where one or more of the following conditions apply, provided such exceptions shall not be used to prevent implementing the access and trail provisions specified in the southeast Washington coalition members' and other agencies' management plans. In evaluating the feasibility, desirability, or compatibility of public access in a given situation, the shoreline administrator shall consider alternative methods for providing public access. These may include adjacent off-site improvements, viewing platforms that do not impact shoreline ecological functions or natural character, separating uses through site planning and design, and restricting hours of public access:
1. 
Single-family residential development that does not reduce visual access to the shoreline from public rights-of-way, including roads and highways and when individual single-family residences are not part of a development planned for more than four parcels.
2. 
Proposed use is agricultural/ranching activities.
3. 
Proposed use is within an area where public visual or physical access is not present, or is not proposed in the public access plan, and where the use will not increase demand for public access, or reduce public access.
4. 
The nature of the use, activity, or development or the characteristics of the site make public access requirements inappropriate due to health, safety (including consistency with Crime Prevention Through Environmental Design (CPTED) principles, where applicable), or environmental hazards. The proponent shall carry the burden of demonstrating by substantial evidence the existence of unavoidable or unmitigable threats or hazards to public health, safety, or the environment, that would be created or exacerbated by public access upon the site.
5. 
An existing, new, or expanded road or utility crossing through shoreline jurisdiction shall not create the need for public access if the development being accessed or served by the road or utility is located outside of shoreline jurisdiction.
6. 
Safe and convenient public access already exists on the same reach of the stream or river in the immediate vicinity, and agencies' plans show adequate public access at the property.
7. 
Public access has reasonable potential to threaten or harm the natural functions and native characteristics of the shoreline and/or is deemed detrimental to threatened or endangered species under the Endangered Species Act.
8. 
The site is within or part of an overall development, a binding site plan, or a planned unit development, which has previously provided public access adequate to serve the project in full build-out through other application processes.
D. 
Public access shall be located and designed to respect private property rights, be compatible with the shoreline environment, protect ecological functions and processes, protect aesthetic values of shoreline, and provide for public safety (including consistency with CPTED principles, where applicable).
E. 
For any development where public access is not required, shared community access may be allowed if there is no existing or planned public access along the shoreline identified in the coalition's public access plan and other agency plans. Where provided, community access shall be subject to all applicable development standards of this section. Shared community access is not required when any of the conditions under subsection (C) of this section applies.
F. 
General Performance Standards.
1. 
Uses, activities, and developments shall not interfere with the regular and established public use.
2. 
Shoreline substantial development or conditional uses shall avoid or minimize the impact on views of shoreline water bodies from public land or substantial numbers of residences.
3. 
Proponents shall include within their shoreline applications an evaluation of a proposed use, activity, or development's likely adverse impact on current public access and future demands for access to the site. Such evaluation shall consider potential alternatives and mitigation measures to further the policies of this SMP and the provisions of this section.
4. 
Public access facilities shall accommodate persons with disabilities, unless determined physically or logistically infeasible by the shoreline administrator.
G. 
Trails.
1. 
Existing improved and primitive public trails shall be maintained.
2. 
Where public access is to be provided by dedication of public access easements along the OHWM, the minimum width of such easements shall be 20 feet.
3. 
The total width of trails in high intensity shoreline environments, including shoulders, shall be 10 feet maximum, or as required by Americans with Disabilities Act (ADA) regulations.
4. 
Pervious pavings are encouraged for all trails.
5. 
Trails should make use of an existing constructed grade such as those formed by an abandoned rail grade, road, or utility when feasible.
6. 
Trails shall be located, constructed, and maintained so as to avoid removal and other impacts to perennial native vegetation.
7. 
Trails on private properties and not open for public use shall be no more than four feet wide and shall meet applicable setbacks from the OHWM.
H. 
Rights-of-Way, Easements, and Streets for Public Access.
1. 
The coalition shall maintain public rights-of-way or easements as a means of retaining public access on the shoreline. Proposed uses, activities, or developments shall maintain public access provided by public street ends, public utilities, and rights-of-way.
2. 
The public easements required pursuant to this section, for the purpose of providing access across or through the site to the OHWM, shall be maintained by the property owner to provide for reasonable and safe public access to the OHWM.
I. 
Where public access routes terminate, connections should be made with the nearest public street. Public access facilities required for an approved or permitted use, activity, or development shall be completed prior to occupancy and use of the site or operation of the activity. Public access shall make adequate provisions, such as screening, buffer strips, fences, and signs, to prevent trespass upon adjacent properties and to protect the value and enjoyment of adjacent or nearby private properties and natural areas.
J. 
Off-site public access may be permitted by the shoreline administrator where it results in an equal or greater public benefit than on-site public access, or when on-site limitations of security, environment, compatibility, or feasibility are present. Off-site public access may include, but is not limited to, adequate access on public lands adjacent to the site, opportunity to increase public lands and access with adjoining or proximate public area, enhancing a designated public property (e.g., existing public recreation site, existing public access, or road abutting a body of water) in accordance with SMP standards, the public access plan, or other related measures.
K. 
Signage.
1. 
Signage to be approved by the shoreline administrator shall be conspicuously installed along public access easements, trails, walkways, corridors, and other facilities to indicate the public's right of use and the hours of operation. Public access and interpretive displays may be provided for publicly funded restoration projects where significant ecological impacts are addressed. The proponent shall bear the responsibility for establishing and maintaining signs.
2. 
The shoreline administrator may require the proponent to post signage restricting or controlling the public's access to specific shoreline areas. The proponent shall bear the responsibility for establishing and maintaining such signage.
3. 
All signs shall be located and designed to minimize interference vistas, viewpoints, and visual access to shoreline.
4. 
Over-water signs should be related to water-dependent uses only and shall be on floats, piles, or part of the water-dependent use.
(Ord. 2016-02)
A. 
Development in floodplains shall avoid significantly or cumulatively increasing flood hazards. Development shall be consistent with this SMP, as well as applicable guidelines of FEMA and CCC § 16.15.540, Frequently flooded areas, and local flood damage prevention ordinances.
B. 
The CMZ is considered to be that area of the southeast Washington region floodplains, across which the streams and rivers may naturally migrate over time as a result of normal and naturally occurring processes. These CMZs have been generally mapped consistent with WAC 173-26-221(3)(b). Applicants for shoreline development or modification may submit a site-specific CMZ study if they believe these conditions do not exist on the subject property and the map is in error. The CMZ study must be prepared consistent with WAC 173-26-221(3)(b). The CMZ study may include historical aerial photographs, topographic mapping, flooding records, light detection and ranging (LiDAR) mapping, and field verification. The CMZ must be prepared by a licensed fluvial geomorphologist with at least five years of applied experience in assessing fluvial geomorphic processes and channel response.
C. 
The following uses and activities may be authorized within the CMZ:
1. 
New development or redevelopment landward of existing legal, publicly owned, and maintained structures, such as levees, that prevent active channel movement and flooding.
2. 
Development of new or expansion or redevelopment of existing bridges, utility lines, public stormwater facilities and outfalls, and other public utility and transportation structures where no other alternative exists. Where such structures are allowed, mitigation shall address impacted native plant communities and ecological functions and processes in the affected shoreline.
3. 
New or redeveloped measures to reduce shoreline erosion; provided, that:
a. 
It is demonstrated by a licensed engineer, with at least five years' applied experience, that the erosion rate exceeds that which would normally occur in a natural condition.
b. 
That the measures do not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions and the measures include appropriate mitigation of adverse impacts on ecological functions associated with the river or stream.
4. 
Actions that protect or restore the ecosystem-wide processes or ecological functions or development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes.
5. 
Modifications or additions to an existing nonagricultural legal use; provided, that channel migration is not further limited and the modified or expanded development includes appropriate protection of ecological functions.
6. 
Repair and maintenance of existing legally established use and developments; provided, that channel migration is not further limited, flood hazards to other uses are not increased, and significant adverse ecological impacts are avoided.
7. 
Existing and ongoing agricultural activities; provided, that no new restrictions to channel movement are proposed.
8. 
Forest practices; provided, that activities are in compliance with CCC § 16.15.380, Forest practices, the Washington State Forest Practices Act and its implementing rules, and this SMP.
D. 
Existing structural flood hazard reduction measures, such as levees, may be repaired and maintained as necessary to protect legal uses on the landward side of such structures. Increases in height of an existing levee, with any associated increase in width, that may be needed to prevent a reduction in the authorized level of protection of existing legal structures and uses shall be considered an element of repair and maintenance.
E. 
New flood hazard reduction measures shall not result in channelization of normal stream flows, interfere with natural hydraulic processes, such as channel migration, or undermine existing structures or downstream banks.
F. 
New Development and Subdivisions. Approve new development or subdivisions when it can be technically determined by a qualified expert(s) in fluvial geomorphology that the development or use would not require structural flood hazard reduction measures within the CMZ or floodway during the life of the development or use consistent with the following (WAC 173-26-221(3)(c)(i)):
1. 
Floodway. New development and subdivisions shall be subject to applicable floodway regulations in CCC § 16.15.540, Frequently flooded areas.
2. 
Channel Migration Zone.
a. 
New development in the CMZ is allowed subject to the following conditions:
i. 
Structures are located on an existing legal lot created prior to the effective date of this SMP.
ii. 
A feasible alternative location outside of the CMZ is not available on site.
iii. 
To the extent feasible, the structure and supporting infrastructure is located the farthest distance from the OHWM, unless the applicant can demonstrate that an alternative location is the least subject to risk.
b. 
New subdivisions in the CMZ may be allowed subject to the following conditions:
i. 
All lots contain 5,000 square feet or more of buildable land outside of the CMZ.
ii. 
Access to all lots does not cross the CMZ.
iii. 
All infrastructure is located outside the CMZ, except that an on-site wastewater treatment system is allowed in the CMZ if a feasible alternative location is not available on site, and the wastewater treatment system is located the farthest distance from the OHWM.
iv. 
Alternative on-site wastewater treatment systems, including composting toilets and greywater systems, shall be recognized acceptable alternatives to conventional septic tanks and drainfields, so long as they are properly designed, constructed, and installed by qualified professionals.
G. 
New public and private structural flood hazard reduction measures shall be approved when a scientific and engineering analysis demonstrates the following:
1. 
They are necessary to protect existing development.
2. 
Nonstructural measures such as setbacks, land use controls, wetland restoration, dike removal, structure removal or relocation, biotechnical measures, and stormwater management programs are not possible.
3. 
Adverse impacts on ecological functions and priority species and habitats can be successfully mitigated so as to ensure no net loss.
4. 
Appropriate vegetation conservation actions are undertaken consistent with CCC § 16.15.240, Shoreline vegetation conservation.
H. 
Flood hazard reduction measures shall be placed landward of associated wetlands and designated shoreline buffers, except for actions that increase ecological functions, such as wetland restoration, or when no other alternative location to reduce flood hazard to existing development is feasible as determined by the shoreline administrator.
I. 
New public structural flood hazard reduction measures, such as levees, shall dedicate and improve public access pathways.
J. 
In those instances where management of vegetation as required by this SMP conflicts with vegetation provisions included in state, federal, or other flood hazard agency documents governing locally authorized, legal flood hazard reduction measures, the vegetation requirements of this SMP will not apply. However, the applicant shall submit documentation of these conflicting provisions with any shoreline permit applications and shall comply with all other provisions of this section and this SMP that are not strictly prohibited by the approving flood hazard agency.
K. 
The removal of gravel or other riverbed material for flood management purposes shall be consistent with CCC § 16.15.350, Dredging and dredge material disposal, and CCC § 16.15.410, Mining, and be allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction and does not result in a net loss of ecological functions.
L. 
Roads shall be located outside the floodway, except necessary crossings, which shall be placed perpendicular to the water body as much as is physically feasible. New transportation facilities shall be designed so that the effective base flood storage volume of the floodplain is not reduced. The applicant shall provide all necessary studies, reports, and engineering analysis, which shall be subject to review and modification by the shoreline administrator. If proposed transportation facilities effectively provide flood control, they shall comply with policies and regulations of this section.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))