A. 
The SMP shall not require modification of or limit agricultural activities occurring on agricultural lands consistent with RCW 90.58.065.
B. 
For shoreline areas used for agriculture, new uses, activities, and development that are not existing and ongoing, agriculture shall be subject to the following requirements:
1. 
Such uses, activities, and development shall be allowed or permitted in a manner to ensure maintenance of ecological functions and be consistent with local land-use plans.
2. 
If the new use, activity, or development is more intensive than the existing land use, no significant vegetation removal, development, or grading shall occur in the shoreline buffer without associated mitigation, except as necessary to accommodate low-intensity, water-dependent uses, and public access that sustains ecological functions.
3. 
New agricultural lands created by diking, draining, or filling wetlands or CMZs shall not be allowed.
C. 
A substantial development permit shall be required for all agricultural developments not specifically exempted by the provisions of CCC § 16.15.770(D)(5), except for agricultural developments in shoreline residential environment designation where a shoreline conditional use permit shall be required.
D. 
SMP provisions shall apply in the following cases:
1. 
New agricultural activities on land not meeting the definition of agricultural land;
2. 
Expansion of agricultural activities on nonagricultural lands;
3. 
Conversion of agricultural lands to other uses;
4. 
Other development on agricultural land that does not meet the definition of agricultural activities;
5. 
Agricultural development and uses not specifically exempted by the SMA.
E. 
New nonagricultural activities proposed on agricultural lands shall be consistent with the environment designation and the shoreline use and modification matrix table (CCC § 16.15.200(C)), as well as other applicable shoreline use standards (e.g., commercial, CCC § 16.15.340, or residential, CCC § 16.15.440).
F. 
Agricultural uses and development in support of agricultural uses shall be located and designed to ensure no net loss of ecological functions and no significant adverse impact on other shoreline resources and values.
G. 
New feedlots are prohibited in critical area buffers. Feed lots shall be located in such a manner as to prevent waste runoff from entering water bodies or groundwater.
H. 
Agricultural uses and activities shall prevent and control erosion of soils and bank materials within shoreline areas. They shall minimize siltation, turbidity, pollution, and other environmental degradation of watercourses and wetlands.
I. 
Agricultural chemicals shall be applied in a manner consistent with BMPs for agriculture and CCC § 16.15.250(E).
J. 
When developing new agricultural uses, existing native vegetation, and existing nonnative vegetation that is not invasive or noxious as defined by the weed boards in each of the coalition's jurisdictions, shall not be disturbed or removed within the riparian and wetland buffers established in this SMP. Agricultural development and activities shall conform to applicable state and federal policies and regulations.
(Ord. 2016-02)
A. 
Aquaculture for nonnative species or for commercial or other purposes shall require a shoreline conditional use permit.
B. 
Proponents of an aquaculture use or activity shall supply, at a minimum, the following information in their application for shoreline permit(s):
1. 
Species to be reared;
2. 
Aquaculture method(s);
3. 
Anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals, and their predicted adverse impacts;
4. 
Harvest and processing method and timing;
5. 
Method of waste management and disposal;
6. 
Best available background information and probable adverse impacts on water quality, biota, and any existing shoreline or water uses;
7. 
Method(s) of predator control;
8. 
A description of the proposed use of lights and noise-generating equipment and an assessment of adverse impacts upon surrounding uses;
9. 
Other pertinent information as required by the shoreline administrator.
C. 
Aquacultural activities shall meet all applicable federal, state, and county standards and regulations.
D. 
No garbage, wastes, or debris shall be allowed to accumulate upon the site of any aquaculture use or activity, nor discharged to any water body regulated by this SMP.
E. 
No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents, or other chemicals shall be used until approved by all appropriate state and federal agencies. Those agencies shall include the WDFW, Washington State Department of Agriculture, Ecology, and the U.S. Food and Drug Administration. Evidence of such approval shall be submitted to the shoreline administrator.
F. 
Aquaculture structures and equipment that come in contact with the water shall contain no substances that are toxic to aquatic life, and aquaculture activities that would degrade water quality shall be prohibited.
G. 
Aquaculture activities shall be subject to conditions and requirements for mitigation to ensure they do not result in a net loss of ecological function.
H. 
Aquaculture projects shall be located in areas that do not impact navigation, public access, or normal public use of the water.
I. 
Aquaculture facilities shall be designed to minimize nuisance, odors, and noise, as well as minimize visual impacts on surrounding shoreline development.
(Ord. 2016-02)
A. 
General Requirements.
1. 
All boating uses, development, and facilities shall protect the rights of navigation.
2. 
Boating facilities shall be sited and designed to ensure no net loss of shoreline ecological functions and shall meet DNR and USACE requirements and other state guidance if located in or over state-owned aquatic lands.
3. 
Boating facilities shall be located on stable shorelines in areas where:
a. 
Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard;
b. 
Water depths are adequate to minimize spoil disposal, filling, beach enhancement, and other channel maintenance activities;
c. 
Water depths are adequate to prevent the structure from grounding out at the lowest low water, or else stoppers are installed to prevent grounding out;
d. 
Wave action caused by boating use would not increase bank erosion rates, unless "no wake" zones are implemented at the facility.
4. 
Boating facilities shall not be located where new dredging will be required.
5. 
Boating uses and facilities shall be located far enough from public swimming beaches and aquaculture harvest areas to alleviate any aesthetic or adverse impacts, safety concerns, and potential use conflicts.
6. 
In-water work shall be scheduled to protect biological productivity, including, but not limited to, fish runs, spawning, and benthic productivity.
7. 
Accessory uses at boating facilities shall be:
a. 
Limited to water-oriented uses, including uses that provide physical or visual shoreline access for substantial numbers of the general public;
b. 
Located as far landward as possible, while still serving their intended purposes.
8. 
Parking and storage areas shall be landscaped or screened to provide visual and noise buffering between adjacent dissimilar uses or scenic areas, along with meeting other requirements provided in CCC § 16.15.470.
9. 
Boating facilities shall locate where access roads are adequate to handle the traffic generated by the facility and shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed, nor made dangerous.
10. 
Joint-use moorage with 10 or more berths is regulated under this section as a marina (see subsection (E) of this section).
11. 
All marinas and public launch facilities shall provide at least portable restroom facilities for boaters' use that are clean, well-lit, safe, and convenient for public use.
12. 
Installation of boat waste disposal facilities, such as pump-outs and portable dump stations, shall be required at all marinas. The locations of such facilities shall be considered on an individual basis in consultation with the Washington State Department of Health, Ecology, DNR, Washington State Parks, and WDFW, as necessary.
13. 
All utilities shall be placed at or below dock levels or below ground, as appropriate.
14. 
When appropriate, marinas and boat launch facilities shall install public safety signs, to include the locations of fueling facilities, pump-out facilities, and locations for proper waste disposal.
15. 
Boating facilities 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, 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. Wood treated with creosote, copper chromium, arsenic, pentachlorophenol, or other similarly toxic materials is prohibited for use in moorage facilities.
16. 
Boating facilities in waters providing a public drinking water supply shall be constructed of untreated materials such as untreated wood, approved plastic composites, concrete, or steel (see CCC § 16.15.250, Water quality, stormwater, and nonpoint pollution).
17. 
Vessels shall be restricted from extended mooring on waters of the state except as allowed by state regulations; and provided, that a lease or permission is obtained from the Washington State Department of Natural Resources and impacts to navigation and public access are mitigated.
18. 
Live-aboard vessels shall be permitted only in marinas (see subsection (E) of this section). Live-aboard vessels in other environment designations may be allowed through an approved conditional use permit as provided in Table 16.15.200(C). Impacts from live-aboard vessels must be substantially avoided, minimized, or mitigated.
B. 
Public Piers and Docks.
1. 
Public piers and docks shall only be allowed for water-dependent uses and public access under the following criteria:
a. 
Public's need for such a structure is clearly demonstrated;
b. 
The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat;
c. 
The project is consistent with the state's interest in resource protection and species recovery; and
d. 
Moorage at public docks is limited to recreational purposes and shall not extend more than one 24-hour period. Public docks may not be used for commercial or residential moorage.
2. 
Pier and Dock Dimensions and Grating.
a. 
The maximum waterward intrusion of any portion of any pier or dock shall not extend further waterward than the average length of the piers or docks on lots abutting the location of the new dock as measured perpendicularly from the ordinary high water mark unless an alternative dimension is required in order to prevent impacts to critical areas. In no circumstances shall the maximum waterward intrusion of any portion of any pier or dock extend more than 36 feet from the ordinary high water mark, or the point where the water depth is eight feet below the elevation of the ordinary high water mark, whichever is reached first.
b. 
In order to minimize impacts on nearshore areas and avoid reduction in ambient light level:
i. 
The width of piers, docks, and floats shall be the minimum necessary.
ii. 
Public piers and docks shall not exceed eight feet in width.
iii. 
Floats shall not exceed eight feet in width and 20 feet in length unless authorized by a variance.
iv. 
Dock surfaces designed to allow maximum light penetration shall be used on walkways or gangplanks in nearshore areas.
v. 
The surface of new piers, docks and floats shall provide at least 50 percent functional grating.
c. 
Waterward of the ordinary high water mark, pier and dock height may not exceed a height of five feet above water level, except that public piers may exceed the height limit an additional three feet, and except pilings may extend a reasonable amount above dock height to provide for fluctuating water level conditions.
3. 
Prohibited Substances. No part of a pier, dock or other components that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies.
C. 
Public Boat Launch Facilities.
1. 
Public boat launch facilities may be allowed in areas consistent with the southeast Washington SMP update public access plan.
2. 
Public boat launch and haul-out facilities, such as ramps, marine travel lifts and marine railways, and minor accessory buildings, shall be designed and constructed in a manner that minimizes adverse impacts on fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation, and neighboring uses.
3. 
Public boat launch facilities shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available.
D. 
Private Boat Launch Facilities.
1. 
Allowed only with a substantial development permit and restricted to the Snake River upstream of Asotin and along the Grande Ronde River. All private boat launches shall comply with applicable federal and state agency standards and requirements, such as WDFW, USACE, National Marine Fisheries Service, and others.
2. 
Boat launch facilities shall be designed by a qualified professional and constructed:
a. 
In a manner that minimizes adverse impacts on fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation, and neighboring uses.
b. 
In a manner that public use and access to beaches is not blocked or made unsafe, and so public use of the surface waters is not unduly impaired.
c. 
Using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available.
3. 
No more than one private boat launch facility or structure shall be permitted on a single residential parcel or lot.
4. 
New private boat launches or existing private boat launch upgrades shall demonstrate, in plans prepared by a qualified professional, that:
a. 
Water depths are adequate to avoid the need for dredging during construction or maintenance dredging, and eliminate or minimize potential loss of shoreline ecological functions or other shoreline resources.
b. 
The site is geomorphically stable, and not along a braided or meandering channel, where the channel is subject to change, or on point bars or accretion beaches.
c. 
Mitigation procedures have been applied consistent with CCC § 16.15.230.
d. 
The boat ramp or access roadway shall in no instance exceed 12 feet in width.
e. 
Any turnaround or parking facilities must be located outside of the riparian buffer as provided in CCC § 16.15.210, except for a tee type turnaround with minimal dimensions that is a minimum of 30 feet from the OHWM, has an impervious surface, requires minimal grading, and will avoid impacts to water quality.
f. 
Stormwater management measures are required to prevent direct discharge of stormwater to the river during construction and for the duration and use of the boat launch.
g. 
An approved road access permit must be acquired from the county unless already served by an existing legally approved access approach.
h. 
The total area of impervious surface for the boat launch development (including parking, access drive, and launch) shall not exceed 400 square feet.
i. 
The total area of woody vegetation removal for the boat launch development (including parking, access drive, and launch) shall not exceed a corridor width of 15 feet and will require on-site mitigation, consistent with CCC § 16.15.230 and 16.15.240.
E. 
Marinas.
1. 
Marinas shall be designed to meet all of the following requirements:
a. 
Provide flushing of all enclosed water areas;
b. 
Allow the free movement of aquatic life in shallow water areas;
c. 
Avoid and minimize any interference with geohydraulic processes and disruption of existing shore forms.
2. 
Open pile or floating breakwater designs shall be used unless it can be demonstrated that riprap or other solid construction would not result in any greater net impacts to shoreline ecological functions, processes, fish passage, or shoreline features.
3. 
Wet-moorage marinas shall locate a safe distance from domestic sewage or industrial waste outfalls.
4. 
To the maximum extent possible, marinas and accessory uses, including occupants of live-aboard vessels, shall share parking facilities.
5. 
New marina development shall provide public access amenities such as viewpoints, interpretive displays, and public access to accessory water enjoyment uses (e.g., restaurants).
6. 
If a marina is to include gas- or oil-handling facilities, such facilities shall be separate from main centers of activity in order to minimize the fire and water pollution hazards and to facilitate fire and pollution control. Marinas shall have adequate facilities and procedures for fuel handling and storage, and the containment, recovery, and mitigation of spilled petroleum, sewage, other potentially harmful or hazardous materials, and toxic products.
7. 
The marina operator shall be responsible for the collection and dumping of sewage, solid waste, and petroleum waste.
8. 
Live-aboard vessels shall be permitted in marinas. No more than 15 percent of the surface area of a marina or 15 percent of its slips, whichever is less, shall be devoted to live-aboard vessels, except that the percentage of live-aboard vessels in marinas may be increased as an approved conditional use. Live-aboard vessels must comply with all marine regulations, policies, and procedures of the Coast Guard, federal and state governments which pertain to health, safety, and/or environmental protection.
F. 
Multifamily residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall meet the criteria for a marina. Use of the moorage must be open to the general public on the same basis as residents or occupants and shall provide public access. If approved, no more than one joint-use moorage facility may be provided for a parcel or development.
G. 
Applications for docks or piers serving single commercial or industrial enterprises shall demonstrate that:
1. 
The facility serves a water-dependent use.
2. 
The facility is the minimum size required to serve the proposed use; provided, that provisions for expansion or future joint use may be provided.
3. 
The facility minimizes impacts to the extent feasible. Where impacts are unavoidable, the facility mitigates impacts to navigation; aquatic habitat; upland habitat; public access to the water for recreation, fishing and similar use; and public access to publicly accessible lands below the OHWM.
H. 
Commercial or industrial moorage facilities shall demonstrate that:
1. 
The dock or pier shall be the minimum length required to serve the use.
2. 
Access from the shoreline to piers or floats shall minimize water cover in order to minimize impacts to shallow water habitat.
3. 
Piers and ramps shall be elevated to provide the maximum feasible light penetration.
4. 
Grating or clear translucent material shall be used to the maximum extent feasible to provide light penetration.
5. 
Floats shall be constructed and attached so that they do not ground out on the substrate.
6. 
Pile spacing shall be the maximum feasible to minimize shading and avoid a "wall" effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic lifeforms or result in structure damage from driftwood impact or entrapment.
7. 
Pile diameter shall be minimized while meeting structural requirements.
8. 
Covered structures may be permitted only to serve a water-dependent use where it is demonstrated that adequate upland sites are not feasible, and it is demonstrated that the area covered is the minimum necessary to serve the use.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Breakwaters shall be allowed in environments defined in CCC § 16.15.200(C), Shoreline Use and Modification Matrix, with a shoreline substantial development permit.
B. 
New, expanded, or replacement groins and weirs shall only be permitted if the applicant demonstrates that the proposed groin or weir will not result in a net loss of shoreline ecological functions and the structure is necessary for water-dependent uses, public access, shoreline stabilization, or other specific public purposes.
C. 
Groins and weirs shall require a substantial development permit and shall only be approved when no other stream restoration or shoreline stabilization design approach, employed singly or in combination, is technically possible for the affected reach.
D. 
Groins and weirs shall be located, designed, constructed, and operated consistent with mitigation sequencing principles, including avoiding critical areas, as provided in CCC § 16.15.230, Environmental protection.
(Ord. 2016-02)
A. 
Water-dependent commercial development shall be given priority over non-water-dependent commercial uses within shoreline environments. Secondarily, water-related and water-oriented uses shall be given priority over non-water-oriented commercial uses.
B. 
Non-water-oriented commercial uses shall be allowed if they can demonstrate at least one or more of the following:
1. 
The commercial use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the objectives of the SMA.
2. 
The commercial use is physically separated from the shoreline by another property, public right-of-way, or levee.
3. 
The commercial use is farther upland than 200 feet from the OHWM; therefore, a water-oriented use is not a viable option.
C. 
Non-water-oriented uses, including, but not limited to, residential uses, may be located with water-oriented commercial uses, provided:
1. 
The mixed-use project includes one or more water-dependent uses.
2. 
Water-dependent commercial uses, as well as other water-oriented commercial uses, have preferential locations along the shoreline.
3. 
The underlying zoning district permits residential uses together with commercial uses.
4. 
Navigability is severely limited at the proposed site.
5. 
Public access is provided and/or ecological restoration is provided as a public benefit.
D. 
Review Criteria. The shoreline administrator shall use the following information in its review of all commercial development applications:
1. 
Whether there is a water-oriented aspect of the proposed commercial use or activity when it is located within 200 feet of the OHWM;
2. 
Whether the proposed commercial use is consistent with the shoreline use and modification matrix (CCC § 16.15.200(C));
3. 
Whether the application has the ability to enhance compatibility with the shoreline environment and adjacent uses;
4. 
Whether adequate provisions are made for public and private visual and physical shoreline access;
5. 
Whether the application makes adequate provisions to prevent adverse environmental impacts and provide for shoreline ecological or critical area mitigation, where appropriate.
E. 
Commercial development shall be designed and maintained in a manner compatible with the character and features of surrounding areas. Developments shall incorporate low-impact development techniques into new developments. Architectural and landscape elements shall be employed that recognize the river and lake environments. The shoreline administrator may prescribe and modify project dimensions, screening standards, setbacks, or operation intensities to achieve this purpose.
F. 
Restaurants and lodging facilities shall be oriented to provide views to the waterfront, when such view is available from the site.
G. 
Commercial uses shall provide for public access as a condition of approval, unless such public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline pursuant to CCC § 16.15.260, Public access.
H. 
Commercial uses shall provide for suitable measures to rehabilitate and enhance the shoreline ecology as a condition of approval.
I. 
Non-water-oriented commercial uses shall not be allowed over water in any shoreline environment.
J. 
All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences, and landscaping and to minimize aesthetic impacts.
K. 
The storage of potentially hazardous or dangerous substances or wastes is prohibited in the floodway or within 200 feet of the OHWM, whichever boundary extends farthest landward.
L. 
Development shall be located, designed, and constructed in a manner that ensures no net loss of shoreline ecological functions and has no adverse impacts on other preferred land uses and public access features.
M. 
Water-enjoyment and water-related commercial uses are required to provide public access and ecological restoration where feasible and avoid impacts to existing navigation, recreation, and public access.
(Ord. 2016-02)
A. 
Dredging.
1. 
New dredging shall be permitted only where it is demonstrated that the proposed water-dependent or water-related uses will not result in ongoing adverse impacts to water quality, shoreline ecological functions, fish and wildlife habitat conservation areas and other critical areas, flood holding capacity, natural fluvial processes, drainage and water circulation patterns, significant plant communities, prime agricultural land, and public access to shorelines. When such impacts are unavoidable, they shall be minimized and mitigated such that they result in no net loss of shoreline ecological functions.
2. 
Dredging and dredge disposal shall be prohibited on or in archaeological sites that are listed on the National Register of Historic Places and the Washington Heritage Register until such time that they have been reviewed and approved by the appropriate agency.
3. 
Dredging techniques that cause minimum dispersal and broadcast of bottom material shall be used, and only the amount of dredging necessary shall be permitted.
4. 
Dredging shall be permitted only:
a. 
To establish, expand, relocate or reconfigure navigation channels where needed to accommodate existing navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided.
b. 
In conjunction with a water-dependent use of water bodies or adjacent shoreline areas.
c. 
As part of an approved stream or river rehabilitation or habitat improvement project.
d. 
In conjunction with a bridge, navigational structure, or wastewater treatment facility for which there is a documented public need and where other feasible sites or routes do not exist.
e. 
Maintenance dredging of established navigation channels and basins restricted to maintaining previously dredged and/or existing authorized location, depth, and width.
5. 
Dredging for fill is prohibited except where the material is necessary for restoration of shoreline ecological functions.
6. 
New development siting and design avoids the need for new and maintenance dredging.
B. 
Dredge Material Disposal.
1. 
Upland dredge material disposal within shoreline jurisdiction is prohibited, except under the following circumstances and conditions:
a. 
Shoreline ecological functions and processes will be preserved, restored, or enhanced, including protecting surface, hyporheic, and groundwater.
b. 
Erosion, sedimentation, flood waters, or runoff will not increase adverse impacts on shoreline ecological functions and processes or property.
c. 
The site will ultimately be suitable for a use allowed by this SMP.
2. 
Dredge material disposal shall not occur in wetlands nor within a stream's CMZ, except as authorized by conditional use permit as part of a shoreline restoration project.
3. 
Dredge material disposal within areas assigned an aquatic environment designation may be approved only when authorized by applicable agencies, which may include the USACE pursuant to Section 404 (Clean Water Act) permits, WDFW, HPA, and/or the Dredged Material Management Program of the Washington State DNR, and when one of the following conditions applies:
a. 
Land disposal is not feasible, inconsistent with this SMP, or prohibited by law.
b. 
Disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible.
4. 
Dredge materials approved for disposal within areas assigned an aquatic environment designation shall comply with the following conditions:
a. 
Aquatic habitat will be protected, restored, or enhanced.
b. 
Adverse effects on water quality or biologic resources from contaminated materials will be mitigated.
5. 
Upland disposal sites shall be planted with vegetation native to the shoreline location, or that which would be present in an undisturbed condition.
6. 
Dredge material disposal operating periods and hours shall be limited to those stipulated by the WDFW and hours from 7:00 a.m. to 5:00 p.m., Monday through Friday, except in time of emergency as authorized by the shoreline administrator. Provisions for buffers at land disposal or transfer sites, in order to protect public safety and other lawful interests and to avoid adverse impacts, shall be required.
C. 
Submittal Requirements. The following information shall be required for all dredging applications:
1. 
A description of the purpose of the proposed dredging and analysis of compliance with the policies and regulations of this SMP, and other applicable requirements including compliance with the U.S. Army Corps of Engineers Lower Snake River Programmatic Sediment Management Plan, as applicable.
2. 
A detailed description of the existing physical character, shoreline geomorphology, and biological resources provided by the area proposed to be dredged, including:
a. 
A site plan map outlining the perimeter of the proposed dredge area, including the existing bathymetry (water depths that indicate the topography of areas below the OHWM), and having data points at a minimum of two-foot depth increments;
b. 
A critical area report;
c. 
A mitigation plan, if necessary, to address any identified adverse impacts on ecological functions or processes;
d. 
Information on stability of areas adjacent to proposed dredging and spoils disposal areas;
e. 
A detailed description of the physical, chemical, and biological characteristics of the dredge materials to be removed, including:
i. 
Physical analysis of material to be dredged (e.g., material composition and amount, grain size, organic materials present, and source of material);
ii. 
Chemical analysis of material to be dredged (e.g., volatile solids; chemical oxygen demand; grease and oil content; and mercury, lead, and zinc content);
iii. 
Biological analysis of material to be dredged.
3. 
A description of the method of materials removal, including facilities for settlement and movement.
4. 
Dredging procedure, including the length of time it will take to complete dredging, method of dredging, and amount of materials removed.
5. 
Frequency and quantity of project maintenance dredging.
6. 
Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including, but not limited to:
a. 
Dredge material disposal area;
b. 
Physical characteristics, including location, topography, existing drainage patterns, and surface and groundwater;
c. 
Size and capacity of disposal site;
d. 
Means of transportation to the disposal site;
e. 
Proposed dewatering and stabilization of dredged material;
f. 
Methods of controlling erosion and sedimentation;
g. 
Future use of the site and conformance with land use policies and regulations.
7. 
Total estimated initial dredge volume.
8. 
Plan for disposal of maintenance spoils for at least a 20-year period, if applicable.
9. 
Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging.
D. 
This SMP recognizes that stream and river restoration and rehabilitation projects may require excavation and material placement which would otherwise meet the definitions for dredging and relocation of dredged materials. Descriptive and reporting requirements specified in subsection (C) of this section shall be waived for earth moving (including streambed materials) and relocation that are design elements of stream and river restoration projects.
E. 
Stream and river restoration projects shall be designed to rehabilitate natural fluvial geomorphic and ecological functions and processes.
(Ord. 2016-02)
A. 
Fill and excavation is allowed only in association with a permitted use. Where allowed, fill and excavation shall be the minimum necessary to accommodate the development.
B. 
Fill of the OHWM, except fill to support ecological restoration, requires a conditional use permit and may only be permitted in one of the following circumstances:
1. 
In conjunction with water-dependent or public access uses allowed by this SMP;
2. 
In conjunction with a bridge or transportation facility of statewide significance, for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist;
3. 
In conjunction with implementation of an interagency environmental cleanup plan to clean up and dispose of contaminated sediments;
4. 
Disposal of dredged material considered suitable under, and conducted in accordance with, the Washington State Dredged Material Management Program;
5. 
In conjunction with any other environmental restoration or enhancement project.
C. 
Waterward of the OHWM, pile or pier supports shall be used whenever feasible in preference to fills. Fills for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven not feasible.
D. 
Fill upland and waterward of the OHWM, including in nonwatered side channels, shall be permitted only where it is demonstrated that the proposed action will not:
1. 
Result in significant ecological damage to water quality, fish, and/or wildlife habitat;
2. 
Adversely alter natural drainage and circulation patterns, currents, or river flows or significantly reduce flood water capacities;
3. 
Alter channel migration, geomorphic, or hydrologic processes;
4. 
Significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.
E. 
Fills are prohibited in the floodway, except when required in conjunction with uses allowed by this SMP.
F. 
Fills are allowed in floodplains outside of the floodway only where they would not alter the hydrologic characteristics or flood storage capacity or inhibit channel migration.
G. 
Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the fill.
H. 
Excavation waterward of the OHWM or within wetlands shall be considered dredging for purposes of this SMP.
I. 
Fills or excavation shall not be located where streambank stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable.
(Ord. 2016-02)
A. 
Forest practice applications shall meet all local, state and federal regulations regarding forest practices and land clearing, especially the state's Forest Practices Act for all forest management activities, including Class IV, general forest practices, where shorelines are being converted or are expected to be converted to nonforest uses.
A forest practice that only involves timber cutting is not a development under the act and does not require a shoreline substantial development permit or a shoreline exemption. A forest practice that includes activities other than timber cutting may be a development under the act and may require a substantial development permit, as required by WAC 222-50-020.
B. 
Conversion of forest lands to another use shall ensure no net loss of ecological function or no significant adverse impacts on other shoreline uses, resources, and values such as navigation, recreation, and public access.
C. 
Within 200 feet landward of the OHWM within SSWS, only selective commercial timber cutting is allowed, such that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and provided further, that clear cutting of timber, which is solely incidental to the preparation of land for other uses authorized by this SMP, may be permitted.
D. 
Proponents of a forest practice or activity shall supply the following information in their application for shoreline permit:
1. 
Documentation describing how the activity will protect water quality and meet any applicable standards.
2. 
Plan for maintaining vegetative buffer strips to protect fish populations and other aquatic life.
3. 
Description of other measures to prevent erosion of streambanks.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Water-dependent industrial development shall be given priority over non-water-dependent commercial uses within shoreline environments. Secondarily, water-related and water-oriented uses shall be given priority over non-water-oriented commercial uses.
B. 
Non-water-oriented industrial uses shall be allowed if they can demonstrate one or more of the following:
1. 
The industrial use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the objectives of the SMA.
2. 
Navigability is severely limited at the proposed site, including opportunities for nonmotorized boating or other water-oriented uses.
3. 
The industrial use is physically separated from the shoreline by another property, public right-of-way, or levee.
4. 
The industrial use is farther upland than 200 feet from the OHWM; therefore, a water-oriented use is not a viable option.
C. 
Where industrial use is proposed for location on land in public ownership, public access should be required unless such public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline pursuant to CCC § 16.15.260, Public access.
D. 
Industrial uses shall provide for suitable measures to rehabilitate and enhance the shoreline ecology as a condition of approval.
E. 
Non-water-oriented industrial uses shall not be allowed over water in any shoreline environment.
F. 
All industrial loading and service areas shall be located upland or away from the shoreline, except when loading services are water-dependent, such as barge facilities. Provisions shall be made to screen upland loading areas with walls, fences, and landscaping and to minimize aesthetic impacts.
G. 
The new storage of potentially hazardous or dangerous substances or wastes is prohibited in the floodway or within 200 feet of the OHWM, whichever boundary extends farthest landward.
H. 
Industrial development will be located, designed, or constructed in a manner that ensures no net loss of shoreline ecological functions and such that it does not have significant adverse impacts to other shoreline resources and values.
(Ord. 2016-02)
A. 
In-stream structures are those structures, placed by humans, within a stream or river waterward of the OHWM that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, structures primarily intended for fisheries management, or other purposes. Docks, piers, and marinas are not regulated as in-stream structures under this section. See CCC § 16.15.470, Transportation – Trails, roads, and parking, and CCC § 16.15.480, Utilities, for regulations governing road and utility crossings of streams.
In-stream structures can also be placed as components of stream and river restoration and rehabilitation projects where the explicit purpose is ecological restoration and enhancement. These may include a variety of lithic and woody structures, including engineered logjams, boulder arrays, and other structures designed to replicate natural habitat, flow, and sediment transport conditions in degraded streams and rivers. This SMP and the following provisions recognize that in-stream structures associated with stream restoration work are designed to improve geomorphic and ecological functions.
B. 
General.
1. 
The location, planning, and design of in-stream structures shall be compatible with the following:
a. 
The full range of public interests; existing agricultural activities; USACE Snake River dam projects operations, maintenance, and facility upgrade activities; providing for public access to shorelines; desire for protection from floods; and need for preserving historic and cultural resources.
b. 
Protecting and preserving ecosystem-wide processes and ecological functions, including, but not limited to, fish and wildlife, with special emphasis on protecting and restoring priority habitats and species, and water resources within the context of the hydrology and water management effects of the Snake River operations, as applicable.
2. 
New structures shall be designed, located, and constructed consistent with mitigation sequencing principles in CCC § 16.15.230, Environmental protection, and as otherwise limited by floodplain regulations found in CCC § 16.15.270, Flood hazard reduction, and CCC § 16.15.540, Frequently flooded areas.
3. 
New structures shall be designed and located to minimize removal of riparian vegetation and, if applicable, to return flow to the stream in as short a distance as possible.
4. 
In-stream structures shall provide for adequate upstream and downstream migration of resident fish, as applicable, and shall not adversely affect native resident and anadromous aquatic wildlife or adversely modify aquatic wildlife habitat, as applicable.
5. 
Utilities and transmission lines shall be located so as to minimize obstruction or degradation of views and comply with applicable provisions of CCC § 16.15.480, Utilities.
6. 
Mitigation shall be required of the proponent for the loss of ecological functions and processes pursuant to CCC § 16.15.230, Environmental protection, and Article V, Critical Areas. No net loss in function, value, or acreage shall occur from such development.
7. 
In-stream structures, which are components of stream restoration projects, shall be designed to appear like natural river features and to replicate natural stream channel morphology and distribution of woody debris.
C. 
Submittal Requirements. In addition to the standard requirements listed in CCC § 16.15.730, Application requirements, all permit applications for in-stream structures shall contain, at a minimum, the following additional information:
1. 
A site suitability analysis, which provides sufficient justification for the proposed site; the analysis must fully address alternative sites for the proposed development.
2. 
Proposed location and design of primary and accessory structures, transmission equipment, utility corridors, and access/service roads.
3. 
A plan that describes the extent and location of vegetation, which is proposed to be removed to accommodate the proposed facility, and any site revegetation plan required by this SMP.
4. 
An analysis prepared by a licensed professional engineer or fluvial geomorphologist that sufficiently describes the project's potential effects on fluvial geomorphology and channel form, including potential changes in base flood elevation, velocity and volume of flows, and sediment transport.
5. 
Biological resource inventory and analysis that sufficiently describes the project's effects on aquatic and terrestrial ecosystems, prepared by a qualified professional, as defined in Article V, Critical Areas.
6. 
Provision for erosion control, protecting water quality, and aquatic and terrestrial ecosystems during construction.
7. 
Long-term management plans that describe in sufficient detail the provisions for protection of in-stream resources during construction and operation; the plan shall include means for monitoring its success.
(Ord. 2016-02)
A. 
Mining shall be prohibited waterward of the OHWM.
B. 
Mining facilities shall be located within shoreline jurisdiction (shorelands) only when no feasible sites are available outside shoreline jurisdiction.
C. 
All gold and other mineral prospecting, concentration, and extraction activities shall strictly conform to requirements of the Gold and Fish Pamphlet for those activities which are limited to the scope, techniques, and equipment specified in the pamphlet. Compliance with the Gold and Fish Pamphlet does not necessarily preclude the requirement for a substantial development permit for mineral prospecting, concentration, and extraction activities.
D. 
All similar activities, which exceed the criteria and parameters specified in the Gold and Fish Pamphlet, shall be designed and conducted to avoid impacts to shoreline natural character and ecological functions, including, but not limited to, riparian and floodplain plant communities and ecosystems and ecological functions.
E. 
Determining when mining facilities may or may not be located within shorelands shall be based on an evaluation of geologic factors such as the distribution and availability of mineral resources for that jurisdiction; the need for such mineral resources; and economic, transportation, and land use factors. This demonstration may rely on analysis or studies prepared for purposes of comprehensive plan designations and may be integrated with any relevant environmental review conducted under State Environmental Policy Act (SEPA, Chapter 43.21C RCW) or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a), as amended.
F. 
Mining facilities and associated activities shall be designed and located to prevent loss of ecological function.
G. 
Application for approval of mining operations shall be accompanied by operation plans, reclamation plans, and analysis of environmental impacts sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes. These evaluations and plans shall address these functions and processes during the course of mining and after reclamation, and how impacts will be mitigated to achieve no net loss of these functions. Creation, restoration, and habitat enhancement and the future productivity of the site may be considered in determining no net loss of ecological functions.
H. 
Preference shall be given to mining uses that result in the creation, restoration, or enhancement of habitat and are coordinated with Washington State Surface Mining Reclamation Act requirements.
(Ord. 2016-02)
A. 
General Preferences.
1. 
Recreational uses and facilities shall include features that relate to access, enjoyment, and use of local shorelines.
2. 
Both passive and active shoreline recreation uses are allowed.
3. 
Water-oriented recreational uses and activities are preferred in shoreline jurisdiction. Water-dependent recreational uses shall be preferred as a first priority and water-related and water-enjoyment recreational uses as a second priority.
4. 
Existing passive recreational opportunities, including hunting, angling, nature appreciation, primitive trails where motorized vehicles are not allowed, and environmental interpretation, shall be maintained.
5. 
Preference shall be given to developing and enhancing public access to the shoreline to enhance opportunities for angling (fishing), boating, and other water-dependent and water-related recreational opportunities.
B. 
General Performance Standards.
1. 
The potential adverse impacts of all recreational uses shall be mitigated and adequate provisions for shoreline rehabilitation shall be made part of any proposed recreational use or development to ensure no net loss of shoreline ecological function.
2. 
Sites with fragile and unique shoreline conditions, such as high-quality wetlands and wildlife habitats, shall be used only for nonintensive recreation activities such as trails, viewpoints, interpretive signage, and similar passive and low-impact facilities that result in no net loss of shoreline ecological function, and do not require the construction and placement of permanent structures.
3. 
Use of chemical fertilizers and pesticides should be avoided at recreational developments in shoreline environments. New recreational developments shall be designed to avoid their use. Where their use is required, such use shall be minimized. Measures shall be taken to avoid pesticides and fertilizers leaching into soils and nearshore hyporheic zones in shorelines. The proponent shall specify the BMPs to be used to prevent these applications and resultant leachate from entering adjacent waters. Recreational developments shall be located and designed to preserve, enhance, or create scenic views and vistas.
4. 
In approving shoreline recreational developments, the shoreline administrator shall ensure the development will maintain, enhance, or restore desirable shoreline features, including unique and fragile areas, scenic views, and aesthetic values. The shoreline administrator may, therefore, adjust or prescribe project dimensions, on-site location of project components, intensity of use, screening, lighting, parking, and setback requirements.
C. 
Signs indicating the public's right to access shoreline areas shall be installed and maintained in conspicuous locations at all points of access.
D. 
Recreational developments shall provide facilities for nonmotorized access to the shoreline, such as pedestrian and bicycle paths and equestrian access, as applicable. New motorized vehicle access shall be located and managed to protect riparian, wetland, and shrub-steppe habitat functions and values.
E. 
Proposals for recreational developments shall include a landscape plan indicating how native, self-sustaining plant communities are incorporated into the proposal to maintain ecological functions. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of permitted structures or facilities and shall be consistent with provisions of CCC § 16.15.240, Shoreline vegetation conservation, and Article V, Critical Areas.
F. 
Accessory uses and support facilities such as maintenance facilities, utilities, and other non-water-oriented uses shall be consolidated and located in upland areas outside shoreline, wetland, and riparian buffers unless such facilities, utilities, and uses are allowed in shoreline buffers based on the regulations of this SMP.
G. 
The placement of picnic tables, playground apparatus, and other similar minor components within the floodways shall be permitted, provided such structures are located and installed in such a manner as to prevent them from being swept away during a flood event.
H. 
Recreational facilities shall make adequate provisions, such as screening, landscaping 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, as applicable.
I. 
Recreational facilities or structures are only allowed to be built over water when they provide public access or facilitate a water-dependent use and shall be the minimum size necessary to accommodate the permitted activity.
J. 
Recreational developments shall make adequate provisions for all of the following:
1. 
On-site and off-site access and, where appropriate, equestrian access.
2. 
Appropriate water supply and waste disposal methods.
3. 
Security and fire protection.
K. 
Structures associated with recreational development shall not exceed 35 feet in height, except for as noted in CCC § 16.15.210, Development standards, when such structures document that the height beyond 35 feet will not obstruct the view of a substantial number of adjoining residences.
L. 
Recreational development shall minimize effective impervious surfaces in shoreline jurisdiction and incorporate low-impact development techniques.
M. 
Private Shoreline Access.
1. 
No more than one private access to the shoreline shall be permitted on a single residential parcel or lot.
2. 
New private accesses or existing private access upgrades shall demonstrate, in plans provided by the applicant, that:
a. 
Mitigation procedures have been applied consistent with CCC § 16.15.230 and complies with CCC § 16.15.470(2) provisions.
b. 
The access roadway shall in no instance exceed 12 feet in width.
c. 
Any turnaround or parking facilities must be located outside of the riparian buffer as provided in CCC § 16.15.210, except for a tee-type turnaround with minimal dimensions that is a minimum of 30 feet from the OHWM, has a pervious surface, requires minimal grading, and will avoid impacts to water quality.
d. 
Stormwater management measures are required to prevent direct discharge of stormwater to the river during construction and for the duration and use of the access.
e. 
An approved road access permit must be acquired from the county unless already served by an existing legally approved access approach.
f. 
The total area of impervious (paved) surface for the access development (including parking) shall not exceed 360 square feet.
g. 
The total area of woody vegetation removal for the access development (including parking) shall not exceed a corridor width of 15 feet and will require on-site mitigation, consistent with CCC § 16.15.230 and 16.15.240.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Single-family residential development is a preferred use when it is developed in a manner consistent with SMP provisions.
B. 
Residential development shall be located and constructed to result in no net loss of shoreline ecological function.
C. 
Lots for residential use shall have a maximum density no greater than that which will be consistent with local comprehensive plans and zoning regulations.
D. 
Lot density and number for residential use may be further limited by other provisions, including goals, policies, and use regulations of this SMP.
E. 
Accessory uses and structures shall be located outside of the riparian buffer, unless the structure is or supports a water-dependent use. Storage structures to support water-related uses are not water-dependent uses and, therefore, shall be located outside of the riparian buffer.
F. 
All residential development shall be located or designed in such a manner as to prevent measurable degradation of water quality from stormwater runoff. Adequate mitigation measures shall be required and implemented where there is the reasonable potential for such adverse effect on water quality.
G. 
New shoreline residences and appurtenant structures shall be sufficiently set back from steep slopes and shorelines vulnerable to erosion so that structural improvements, including bluff walls and other shoreline stabilization and flood control structures, are not necessary to protect proposed residences and associated uses.
H. 
New floating residences and overwater residential structures are prohibited in shoreline jurisdiction.
I. 
New, multi-unit residential development, including duplexes, fourplexes, and the subdivision of land into five or more lots, shall make adequate provisions for public access consistent with the regulations set forth in CCC § 16.15.260, Public access.
J. 
Fences associated with single-family residences and multifamily structures and their appurtenances shall not obstruct existing visual access to shorelines from public rights-of-way.
K. 
New residential development shall connect with sewer systems, when available.
L. 
All new residential development shall meet the vegetation management provisions contained in CCC § 16.15.240, Shoreline vegetation conservation, and CCC § 16.15.560, Fish and wildlife habitat conservation areas.
M. 
Residential development clustering may be required by the shoreline administrator, where appropriate, to minimize ecological and visual impacts on shorelines, including minimization of impacts on shoreline vegetation consistent with CCC § 16.15.240, Shoreline vegetation conservation.
(Ord. 2016-02)
A. 
Shoreline restoration and enhancement should be designed to holistically and comprehensively restore, rehabilitate, or enhance shoreline ecological processes and functions, and native plant and animal communities, including those which are targeted toward and funded for the purpose of restoring sensitive and/or regionally important species.
B. 
Shoreline ecological restoration, enhancement, and mitigation activities shall be designed to facilitate recovery of sustainable ecosystems and natural processes, toward the objective of achieving no net loss of shoreline ecological functions.
C. 
Restoration activities shall be carried out in accordance with the shoreline restoration plan required as an adjunct to this SMP, which will reference the Snake River Salmon Recovery Plan (Snake River Salmon Recovery Board 2013 or latest version of this plan), the Columbia Basin Fish and Wildlife Compensation Program, watershed-based water quality restoration programs and grant funds administered by the federal EPA and Ecology, and other state and federal ecological restoration and habitat linkage plans, and in accordance with the provisions of this SMP.
D. 
To the extent possible, restoration, enhancement, and mitigation activities shall be integrated and coordinated with other parallel natural resource management efforts, such as those identified in the shoreline restoration plan.
E. 
Habitat creation, expansion, restoration, and enhancement projects may be authorized, subject to required state or federal permits when the applicant has demonstrated that:
1. 
The primary objective is clearly restoration or enhancement of the natural character or ecological function of the shoreline.
2. 
The project will not adversely impact spawning, nesting, or breeding in fish and wildlife habitat conservation areas.
3. 
Upstream or downstream properties or fish and wildlife habitat conservation areas will not be adversely affected.
4. 
Water quality will not be degraded.
5. 
Flood storage capacity will not be degraded.
6. 
Flood conveyance capacity will not be degraded.
7. 
Impacts to critical areas and buffers will be avoided and, where unavoidable, minimized and mitigated.
8. 
The project will not interfere with the normal public use of shorelines of the state.
9. 
Stream and floodplain restoration projects shall be based on a watershed scale, process-based analysis of fluvial geomorphology, and hydrology.
10. 
Stream and floodplain restoration projects shall be designed to restore fluvial processes, including sediment transport, recruitment, and distribution of woody debris, channel migration within identified channel migration zones, and re-development or enhancement of native plant communities.
11. 
Stream and floodplain restoration projects shall employ current best technical and scientific design and practices.
F. 
The shoreline administrator shall review the projects for consistency with this SMP in an expeditious manner and shall issue a decision, along with any conditions, within 45 days of receiving all materials necessary to review the request for exemption from the substantial development permit submitted by the applicant (see CCC § 16.15.770, Exemptions from shoreline substantial development permits).
(Ord. 2016-02)
A. 
Shoreline restoration and enhancement activities designed to restore shoreline ecological functions and processes and/or shoreline features should be targeted toward meeting the needs of sensitive and/or regionally important plant, fish, and wildlife species and shall be given priority.
B. 
Except for USACE Snake River dam facilities and operations, new shoreline stabilization for new development is prohibited unless it can be demonstrated that reasonable use of existing uses and structures created prior to the effective date of this SMP is precluded without shoreline protection or is necessary to restore ecological functions or hazardous substance remediation.
C. 
Proposed designs for new or expanded shoreline stabilization shall be designed using biotechnical design approaches and techniques in accordance with applicable state guidelines unless a qualified engineer and biotechnical bank protection practitioner demonstrates that only conventional riprap or bulkheading will stabilize the shoreline.
D. 
Shoreline stabilizations must incorporate the most current scientific and technical information available. They must demonstrate that future stabilization measures would not be required on the project site or adjacent properties or cause significant impact to adjacent or down-current properties and shoreline areas and must be certified by a qualified professional.
E. 
Except where stabilization is needed to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result, land subdivisions, lot line adjustments and new development shall be designed to ensure future development of the newly created lots will not require structural stabilization over the life of the development.
F. 
Except for USACE Snake River dam facilities and operations, new or expanded structural shoreline stabilization is prohibited except when necessity is demonstrated consistent with the requirements of WAC 173-26-231(3)(a)(iii). Necessity is demonstrated through conclusive evidence documented by a geotechnical analysis that there is a significant possibility that the structure will be damaged within three years as a result of shoreline erosion caused by wind/wave action or other hydraulic forces and only when significant adverse impacts are mitigated to ensure no net loss of shoreline ecological functions and/or processes.
G. 
Replacement of an existing shoreline stabilization structure with a similar structure is permitted if there is a demonstrated need to protect existing primary uses, structures, or public facilities, including roads, bridges, railways, irrigation, and utility systems from erosion caused by stream undercutting or wave action. The existing shoreline stabilization structure will be removed from the shoreline as part of the replacement activity. Replacement walls or bulkheads shall not encroach waterward of the OHWM or existing structure unless the facility was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. Proposed designs for new or expanded shoreline stabilization shall be in accordance with applicable state guidelines and certified by a qualified professional.
H. 
Shoreline stabilization projects that are part of a fish habitat enhancement project meeting the criteria of RCW 77.55.181 will be authorized through an exemption from the requirement for a substantial development permit.
I. 
Small-scale shoreline stabilization projects (e.g., tree planting projects or other minimally intrusive enhancements) shall be reviewed by a qualified professional to ensure the project has been designed using the most current scientific and technical information available.
J. 
Large-scale or more complex shoreline stabilization projects (e.g., projects requiring fill or excavation, placing objects in the water, or hardening the bank) shall be designed by a qualified professional using the most current scientific and technical information available. The applicant may be required to have a qualified professional oversee construction or construct the project.
K. 
New stabilization structures, when found to be necessary, will implement the following standards:
1. 
Limit the size of the project to the minimum amount necessary.
2. 
Include measures to ensure no net loss of shoreline ecological functions.
L. 
Use biotechnical bank stabilization techniques unless those are demonstrated to be infeasible or ineffective before implementing conventional structural stabilization measures such as riprap or bulkheading.
(Ord. 2016-02)
A. 
New or expanded motor vehicle and rail transportation facilities shall not be located within shoreline jurisdiction, unless one of the following conditions occurs:
1. 
The proponent demonstrates that no feasible upland alternatives exist.
2. 
The project represents the minimum development necessary to serve another specific, localized, and permitted shoreline use.
3. 
In the case of a water crossing, the proponent demonstrates that the project is necessary to further a substantial public interest.
B. 
When new roads or road expansions are unavoidable in shoreline jurisdiction, proposed transportation facilities shall be planned, located, and designed to achieve the following objectives:
1. 
Meet mitigation sequencing provisions of CCC § 16.15.230, Environmental protection;
2. 
Cross shoreline areas by the shortest, most direct route, unless this route would cause more damage to the environment;
3. 
Minimize or prevent the need for shoreline modification;
4. 
Design bridges to allow passage of water-borne debris and provide a minimum of three feet of clearance above the base flood elevation;
5. 
Locate bridge abutments and necessary approach fills landward of the OHWM; avoid bridge piers below OHWM and permit them only as a conditional use;
6. 
Avoid adverse impacts on existing or planned water-oriented uses;
7. 
Set back from the OHWM to allow for a usable shoreline area for vegetation conservation and any preferred shoreline uses unless infeasible;
8. 
First avoid and then minimize grading, vegetation clearing, and alterations of the natural topography;
9. 
Use BMPs for preventing erosion and degradation of surface water quality.
C. 
Improvements to existing motor vehicle and rail transportation facilities shall not interfere with pedestrian and bicycle access and shall, whenever possible, provide for expanding and enhancing pedestrian and bicycle transportation facilities.
D. 
Transportation facilities and services for motor vehicles and rail shall use existing transportation corridors whenever possible.
E. 
Developing, improving, and expanding pedestrian and bicycle transportation facilities are allowed within all environments except the natural environment designation. Pedestrian and bicycle transportation facilities are a preferred use wherever they are compatible with protecting the natural character, resources, and ecology of the shoreline and preventing any net loss of ecological function.
F. 
Pedestrian and bicycle transportation facilities shall be designed, located, and constructed consistent with the policies and regulations for public access as provided in CCC § 16.15.260, Public access. Linkage among shoreline parks, recreation areas, and public access points is encouraged, when feasible.
G. 
Parking facilities are not a water-dependent use and shall only be permitted in the shoreline jurisdiction to support an authorized use where it can be demonstrated to the satisfaction of the shoreline administrator that there are no feasible alternative locations away from the shoreline. Parking as a primary use shall not be allowed within a riparian habitat area. Accessory parking facilities shall be subject to the same permit type as the primary use.
H. 
Accessory parking facilities shall be planned to avoid or minimize adverse effects on unique or fragile shoreline features and shall not result in a net loss of shoreline ecological functions or adversely affect existing or planned water-dependent uses. Parking facilities shall be located upland of the principal structure, building, or development they serve and preferably outside of shoreline jurisdiction, except:
1. 
Where the proponent demonstrates that an alternate location would reduce adverse impacts on the shoreline and adjacent uses;
2. 
Where another location is not feasible; and/or
3. 
Except when ADA standards require otherwise.
In such cases, the applicant shall demonstrate use of measures to reduce adverse impacts of parking facilities in shoreline jurisdiction, such as low-impact development techniques, buffering, or other measures approved by the shoreline administrator.
Minimized, unavoidable adverse impacts to shoreline resources and ecological function associated with developing ADA-compliant parking shall be fully mitigated under the provisions of this SMP.
I. 
Parking facilities shall be landscaped in a manner to minimize adverse visual and aesthetic impacts on adjacent shoreline and abutting properties.
J. 
All forms of transportation facilities shall, wherever feasible, consolidate water crossings and make joint use of rights-of-way with existing or planned future primary utility facilities and other transportation facility modalities.
K. 
Improvements to all existing transportation facilities shall provide for the reestablishment and enhancement of natural vegetation along the shoreline when appropriate.
L. 
If located in the side yard or waterward side of a structure, loading areas shall be screened from view of pedestrians on either side of the waterway. The visual screen shall be composed of a fence or wall with trees and shrubs consistent with local landscape standards.
M. 
Shoreline crossings and culverts shall be designed to minimize adverse impacts on upland, riparian, and aquatic habitat within shoreline jurisdiction, and shall be designed and constructed to maintain or reestablish fish passage. See CCC § 16.15.560, Fish and wildlife habitat conservation areas, for regulations governing crossings of nonshoreline streams located in shoreline jurisdiction.
N. 
Trails shall be designed consistent with public access requirements in CCC § 16.15.260, Public access.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Non-water-oriented utility production, processing, and transmission facilities are permitted in shoreline jurisdiction only if no practical upland alternative or location exists. New primary utility production and processing facilities or parts of those facilities, such as power plants, solid waste storage, or disposal facilities that are non-water-oriented, should not be permitted within shoreline jurisdiction unless no other options are feasible.
B. 
The principal uses permitted by this section include facilities within the high intensity designation (e.g., hydropower generating dams) and other facilities, including sewage collection, holding, transfer and treatment pipelines, tanks, structures, containment facilities, and buildings. Accessory facilities are also permitted, including, but not limited to:
1. 
Plant monitoring and control facilities and on-site administrative offices;
2. 
Plant access and logistical facilities such as storage areas and material handling ramps and facilities, including utility delivery (electrical and communication) facilities;
3. 
Plant security and safety features such as fences and signage;
4. 
Other accessory or auxiliary uses or features, necessary to the effective and efficient operation of the plant, which cannot feasibly be located outside the shoreline jurisdiction.
C. 
Expansion of existing primary utility facilities within shoreline jurisdiction must demonstrate:
1. 
The expansion is designed to protect adjacent shorelands from erosion, pollution, or other environmentally detrimental factors during and after construction.
2. 
The project is planned to fit existing natural topography as much as practical and avoid alteration of the existing natural environment.
3. 
Debris, overburden, and other construction waste materials shall be disposed of so as to prevent erosion or pollution of a water body.
D. 
New primary utility facilities and expansions shall include provisions to control the quantity and quality of surface water runoff to natural water bodies, using BMPs to retain natural flow rates. A maintenance program to ensure continued proper functioning of such new facilities shall be required.
E. 
Applications for installation of utility facilities other than water-dependent facilities within the high intensity environment designation shall include all of the following (at a minimum):
1. 
Reason why the utility facility must be in shoreline jurisdiction;
2. 
Alternative locations considered and reasons for their elimination;
3. 
Location of the same, similar, or other utility facilities in the vicinity of the proposed project;
4. 
Proposed method(s) of construction;
5. 
Plans for reclamation of areas to be disturbed during construction;
6. 
Landscape plans;
7. 
Methods to achieve no net loss of ecological function and minimize clearing of native vegetation;
8. 
Consistency with local plans for utilities, where such plans exist.
F. 
Applications for installation of utility facilities shall include all of the following (at a minimum):
1. 
Proposed method(s) of construction;
2. 
Plans for reclamation of areas to be disturbed during construction;
3. 
Landscape plans;
4. 
Methods to achieve no net loss of ecological function and minimize clearing of native vegetation.
G. 
Where feasible, utilities shall be consolidated within a single easement and use existing rights-of-way. Any utility, which must cross shoreline jurisdiction, shall be designed and operated to reserve the option of general public recreational use of the right-of-way in the future. This option shall be exercised by the public only where:
1. 
The public will not be exposed to dangers from the utility equipment; and
2. 
The utility itself will not be subjected to unusual risks of damage by the public.
H. 
In areas where utilities must cross shoreline jurisdiction, they shall do so by the most direct route feasible, unless such a route would negatively affect an environmentally critical area, obstruct public access to the shoreline, or interfere with the navigability of a water body regulated by this SMP. See CCC § 16.15.560, Fish and wildlife habitat conservation areas, for regulations governing crossings of streams with less than 20 cubic feet per second mean annual flow located in shoreline jurisdiction.
I. 
Utility facilities shall be designed and located in a manner that protects scenic views and minimizes adverse aesthetic impacts.
J. 
New utilities, which must be constructed across shoreline jurisdiction in previously undisturbed areas, must submit a mitigation plan demonstrating the restoration of the shoreline to at least its existing condition. Upon completion of utility installation or maintenance, any disturbed areas shall be regraded to be compatible with the natural terrain of the area and revegetated with appropriate native plants to prevent erosion.
K. 
Outside of the high intensity environment designation, all underwater pipelines or those paralleling the waterway transporting liquids potentially injurious to aquatic life or water quality shall be prohibited, unless no other alternative exists to serve a public interest. In those limited instances where permitted, shut-off valves shall be provided at both sides of the water body except for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of ecological functions shall be maintained.
L. 
Where utilities cannot cross a shoreline water body via a bridge or other existing water crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate whether impacts can be mitigated to negatively impact substrate or whether utilities will need to be bored beneath the water body such that the substrate is not disturbed. Construction of pipelines placed under aquatic areas shall be placed in a sleeve to avoid the need for excavation in the event of a failure in the future.
M. 
Minor trenching to allow the installation of necessary underground pipes or cables is allowed if no alternative, including boring, is feasible, and if:
1. 
Impacts on fish and wildlife habitat are avoided to the maximum extent possible.
2. 
The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration.
3. 
Appropriate BMPs are employed to prevent water quality impacts or other environmental degradation.
N. 
Utility installation and maintenance operations shall be conducted in a manner that does not negatively affect surface water quality or quantity. Applications for new utility projects in shoreline jurisdiction shall include a list of BMPs to protect water quality.
(Ord. 2016-02)