HomeMy WebLinkAboutShoreline Master Program Ordinance - finalOrdinance No. 19-_____ Page 1 of 71
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ORDINANCE NO. _________
AN ORDINANCE of the City of Federal Way, Washington, relating to
amendments to the Federal Way Revised Code and the 2019 Shoreline
Periodic Update; amending FWRC 15.05.020, 15.05.030, 15.05.040,
15.05.050, 15.05.070, 15.05.080, 15.05.090, 15.05.100, 15.05.110,
15.05.120, 15.05.140, 15.05.150, 15.05.180, 15.05.220, 15.05.240,
19.145.070, 19.145.410, 19.15.420, 19.145.460, 19.145.520; repealing
Chapter FWRC 15.10; and adding new section 15.05.075. (Amending
ordinance Nos. 15-797, 11-705, 09-597, 00-375, 99-355, 98-323, 97-291,
and 90-38)
WHEREAS, the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in
1998 and 2011; and
WHEREAS, the Washington Shoreline Management Act (RCW 90.58, referred to herein as
"SMA") recognizes that shorelines are among the most valuable and fragile resources of the state,
and that state and local government must establish a coordinated planning program to address the
types and effects of development occurring along shorelines of state-wide significance; and
WHEREAS, the City of Federal Way ("City") is required every eight years to update its
Shoreline Master Program ("SMP") pursuant to the SMA and WAC 173-26 and make any
amendments to regulations implementing changes in State shorelines laws; and
WHEREAS, the City is required to complete its update by June 30, 2019; and
WHEREAS, the City by RCW 90.58.080(4)(a) is required to update its critical areas
regulations to meet current State Code; and
WHEREAS, this ordinance, contains amendments to development regulations and the text of
Titles 15.05 FWRC, 15.10 FWRC, and 19.145 FWRC to meet these requirements; and
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WHEREAS, the City obtained a grant from the Washington State Department of Ecology to
review its shoreline regulations to evaluate the changes necessary to bring the regulations to State
standards and the City employed a separate consultant, the Watershed Company, to aid in its review;
and
WHEREAS, analysis was completed and presented to the City indicating where changes
should be made in current regulations to bring up to standards and improve the regulations to protect
the shoreline and critical area environment; and
WHEREAS, the City has complied with Process VI review, Chapter 19.80 FWRC, pursuant
to Chapter 19.35 FWRC; and
WHEREAS, the proposed regulations amendments include changes in definitions, shoreline
environmental designations language, regulations and administrative procedures, vegetation
conservation standards, and elimination of and/or the reference to Chapter 15.10; and
WHEREAS, the updated regulations to implement the City’s SMP and 19.145 FWRC is in
the best interest and general welfare of the City of Federal Way because it provides for the protection
of sensitive shoreline areas while allowing appropriate uses and activities in shoreline areas and
includes a plan to conserve, protect, and restore degraded areas of the shoreline; and
WHEREAS, the proposed regulations will apply to all jurisdictional shorelines within City
limits and will apply to all jurisdictional shorelines within the City’s Potential Annexation Area
(PAA), upon the effective date of annexation of the PAA or any portion of the PAA; and
WHEREAS, City staff, the City’s consultant, and Department of Ecology staff worked
collaboratively to prepare draft revisions to regulations in15.05 FWRC and 19.145 FWRC; and
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WHEREAS, the City prepared a Public Participation Plan and held a public open house on
January 30, 2019 to fulfill a portion of that plan: and
WHEREAS, the City held two public Planning Commissions study sessions on April 3, 2019
and April 17, 2019 to discuss the proposed regulation changes; and
WHEREAS, the City held a public hearing before the Planning Commission on May 1, 2019
to deliberate, hear testimony, and make recommendation to the City Council; and
WHEREAS, the City provided opportunity for citizen participation by developing a
proposed regulation change update web page, by providing notice of meetings by mail and other
means to interested parties, and by maintaining an SMP mail list; and
WHEREAS, pursuant to the State Environmental Policy Act (SEPA), on April 12, 2019, a
Determination of Nonsignificance was issued by the City’s SEPA Official and the appeal period
expired on June 3, 2019; and
WHEREAS, per RCW 36.70A.106 the City notified the Department of Commerce on April
17, 2019 of the City’s intent to adopt proposed Code amendments, and was acknowledged by the
Department of Commerce on April 23, 2019; and
WHEREAS, the Planning Commission discussed and considered the proposed shoreline and
critical areas regulations at their study sessions of April 3, 2019, and April 17, 2019, and held a joint
public hearing with the Department of Ecology on May 1, 2019, at the close of which it
recommended to the Council approval of the updated SMP; and
WHEREAS, the Federal Way Planning Commission on May 1, 2019 recommended approval
for amendments to the Federal Way Revised Code as follows:
(1) To eliminate FWRC 15.10 since it duplicates FWRC 19.145;
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(2) To use the most current critical area regulations contained in FWRC 19.145;
(3) To include identification of shorelines of the state in FWRC 15.05.020;
(4) To add and amend definitions in FWRC 15.05.030 for implementation of the shorelines
regulations;
(5) To identify and include reference in FWRC 15.05.040 to critical areas sections of the code
relating to shorelines of the state;
(6) To amend FWRC 15.05.050 identifying the minimum height of bulkheads necessary to
prevent structures along tidal waters;
(7) To clarify in FWRC 15.05.070 tables use standards in shorelines areas;
(8) To develop in FWRC 15.05.070, 15.05.080, 15.05.090 new shoreline vegetation conservation
standards enabled with shoreline setbacks;
(9) To amend the dollar amount exemption from Shorelines regulations in FWRC 15.05.150;
(10) To amend FWRC 15.05.220 to allow minor repairs to non-conforming structures without
substantial development permit;
(11) To amend FWRC 19.145.420 incorporating new wetland buffers and wetland mitigation;
(12) To amend FWRC 19.145.460 to emphasize the purpose of water “capture zones.”
(13) To eliminate FWRC 19.145.440(6) and (7) and disallowing buffer reduction with
enhancement; and
WHEREAS, on May 24, 2019, after the end of the 30-day SEPA and joint public comment
period on May 13, 2019, the City transmitted to the Department of Ecology, comments received
during the 30-day SEPA comment period, the City’s responses to the public comments, the draft
FWRC proposed amendments, and a completed Periodic Review Checklist for Ecology’s initial
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determination of consistency, which was issued after their 30-day review period on June 24, 2019;
and
WHEREAS, on June 3, 2019, the City Council Land Use/Transportation Committee
considered the proposed revisions to the SMP and recommended approval of the proposed revisions
as recommended by the Planning Commission; and
WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and
Transportation Committee, received, discussed, and considered the testimony, written comments,
and material from the public, and considered the proposed amendments to the SMP and
Environmentally Critical areas Ordinance at its regular City Council meeting on June 18, 2019; and
WHEREAS, the City Council desires to approve the proposed regulation amendments to
meet the State Shoreline Management Act and to update its critical area regulation as recommended
by the Planning Commission and Land Use/Transportation Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) The proposed amendments to Title 15 and Chapter 19.145 of the FWRC, as set forth are
consistent with Chapter 11, Shoreline Master Program of the comprehensive plan, and will
provide for the protection of sensitive shoreline areas while allowing appropriate uses and
activities in shoreline areas and includes a plan to conserve, protect, and restore degraded areas
of the shoreline; and
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
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(c) These code amendments are consistent with the intent and purpose of Titles 15 “Shoreline
Management” and 19 “Zoning and Development Code” FWRC and will implement and are
consistent with the applicable provisions of the Federal Way Comprehensive Plan.
(d) The proposed amendments have complied with the appropriate process under state law and
the FWRC.
(e) The proposed amendments bear a substantial relationship to public health, safety, and
welfare; are in the best interest of the residents of the City; and are consistent with the
requirements of Washington Shoreline Management Act (RCW 90.58, referred to herein as
"SMA"), and WAC 173-26.
(f) These code amendments have followed the proper procedure and required under the Federal
Way Revised Code.
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
Goals:
SMPG1 Shoreline areas shall permit a variety of development types in accordance
with the FWRC, FWCP, and Shoreline Master Plan designations. Designs,
densities, and locations for all allowed uses and developments should
consider physical and natural features of the shoreline and prevent a net loss
of shoreline ecological functions.
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SMPG2 Residential use of shoreline areas should be continued and encouraged in
areas that have not been designated as Natural environments by the SMP,
allowing a variety of housing types. New development or redevelopment of
residential uses should cause no net loss of shoreline ecological function as
identified in the SMP’s Shoreline Inventory Characterization and Analysis.
SMPG4 Regional and subregional utility facilities, including communications, (radio,
TV, and telephone), energy distribution (petroleum products, natural gas, and
electricity), water, sanitary sewers, and storm sewers should not be allowed in
shoreline areas unless there is no alternative location. Design, location,
construction, and maintenance of utility facilities must comply with the
requirements of SMP regulations and other federal, state, and local laws, and
result in no net loss of shoreline ecological functions.
NEG7 Protect and enhance the functions and values of the City’s wetlands.
Policies
SMPP10 Residential developments should be designed to achieve no net loss of
shoreline ecological functions and minimize interference with visual and
physical access. Unavoidable impacts to the shoreline environment from
residential development should be mitigated to assure no net loss of shoreline
ecological functions.
a. Residential development in designated critical areas or their associated
buffers should be regulated as required by the City’s SMP regulations.
b. Residential development on piers or over water is prohibited.
c. Development standards should require the retention of natural shoreline
vegetation and other natural features of the landscape to the greatest extent
possible during site development and construction.
SMPP30 New freestanding personal wireless service facilities are prohibited from
locating within the shoreline environment.
SMPP45 Where new docks are allowed, new residential development of two or more
dwellings should be required to provide joint use or community dock
facilities, when feasible, rather than allow individual docks for each
residence.
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SMPP69 Develop standards, buffers, and mitigation requirements for designated
critical areas in the shoreline consistent with city-wide regulations.
SMPP72 Protection and conservation of vegetation within shoreline areas should be
managed through implementation of setback, clearing and grading, and
mitigation standards for development activity.
NEP45 The City will protect its wetlands with an objective of no overall net-loss of
functions or values.
NEP46 Impacts to wetlands should be limited. All efforts should be made to use the
following mitigation sequencing approach: avoid, minimize, rectify, reduce
over time, compensate, and monitor.
NEP47 Require buffers adjacent to wetlands to protect wetland function and values
integral to healthy wetland ecosystems. Buffer requirements should be
predictable and where allowances for buffer alterations are warranted,
provide clear direction for mitigation, enhancement, and restoration.
NEP51 To meet Best Available Science requirements and for consistency with state
guidelines, the City’s wetland rating system should be based on the current
Department of Ecology rating system.
NEP60 The City should keep abreast of proposed changes to the state’s Shoreline
Management Act regulations and amend the City’s master program in order
to reserve the shoreline for preferred uses, protect shoreline natural resources
against adverse effects, and promote public access to publically owned areas.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety
and welfare because they provide implementing clarifications to a number of sections of Title 15
and Title 19 FWRC.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they clarify a number of ambiguous regulations that has the potential for
inconsistent application.
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Section 3. FWRC 15.05.020 is hereby amended to read as follows:
15.05.020 Jurisdiction.
(1) The provisions of this article shall apply to all development proposed within the areas defined as
“shorelines” in RCW 90.58.030(2)(d), and “shorelines of state-wide significance” in RCW
90.58.030(2)(e), and “shorelands” in RCW 90.58.030(2)(f); see FWRC 15.05.030, Additional
definitions. The approximate location of these shorelines shall be designated on maps maintained by
the department of community development department; however, the property owner or applicant
shall be responsible for determining the specific location of the shoreline jurisdiction on the subject
Federal Way Revised Code property when a permit is filed. The city shall be responsible for
verifying shoreline jurisdiction. Washington Department of Ecology may be contacted to delineate
the ordinary high water mark (OHWM) on a subject property as per its authority and responsibilities
outlined in RCW 90.58.030(2)(f). Shorelines of the state are as follows:
(a) Within city limits: North Lake, Steel Lake, and the northwest portion of Lake Killarney.
(b) Within the city’s Potential Annexation Area: Star Lake, Lake Dolloff, Lake Geneva, Five
Mile Lake, and the remaining portion of Lake Killarney.
(c) Puget Sound.
(2) No development shall be undertaken by any person on the shorelines of the state without
obtaining a shoreline permit from the department of community development, or an authorized
statement of exemption per WAC 173-27-040 and for developments exempted by RCW
90.58.140(9) and (10).
(3) All proposed uses and development occurring within shoreline jurisdiction must conform to
Chapter 90.58 RCW, the Shoreline Management Act, and the City of Federal Way shoreline master
program whether or not a permit is required.
Section 4. FWRC 15.05.030 shall be amended to read as follows:
15.05.030 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this section, FWRC Title 15,
Chapter 90.58 RCW, Chapters 173-26 and 173-27 WAC, Chapter 19.05 FWRC or FWRC 1.05.020
shall apply in that order.
“Act” means the Washington State Shoreline Management Act of 1971, Chapter 90.58 RCW, as
amended.
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“Amendment” means a revision, update, addition, deletion, and/or reenactment to the Federal Way
shoreline master program.
“Appurtenance, residential” means an improvement necessarily connected to the use and enjoyment
of a single-family residence when located landward of the OHWM, the perimeter of a wetland, and
outside their corresponding required buffers. Appurtenances may include, but are not limited to: a
garage; driveway; utilities; water craft storage (upland); swimming pools; hot tubs; shoreline
stabilization; retaining walls; fences; yards; saunas; cabanas; antennas; decks; walkways; stairs;
trams and grading which does not exceed 250 cubic yards and which does not involve placement of
fill in any wetland or waterward of a marine or freshwater OHWM. Appurtenances do not include
secondary sleeping areas or accessory dwelling units.
“Aquaculture” means the farming or culturing of food fish, shellfish or other aquatic plants and
animals in streams, inlets, and other natural or artificial water bodies. Activities include the hatching,
cultivating, planting, feeding, raising and harvesting of aquatic plants and animals, and the
maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation
methods include but are not limited to fish pens, fish traps, or other similar apparatuses.
“Average grade level” means, for a structure built on land, the average of the natural or existing
topography of the portion of the lot, parcel, or tract of real property which will be directly under the
proposed building or structure. In the case of structures to be built over the water, “average grade
level” shall be the elevation of the ordinary high water mark (OHWM). Calculation of the average
grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of
the proposed building or structure.
“Backshore” means a berm, together with associated marshes or meadows, on marine shores
landward of the ordinary high water mark which is normally above high tide level and has been
gradually built up by accretion.
“Bank” means a steep rise or slope at the edge of a body of water or water course.
“Beach nourishment” means the artificial replenishing of a beach by delivery of materials dredged or
excavated elsewhere.
“Berm” means a ledge or shoulder consisting of mounded earth or rock.
“Bluff” means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes
predominantly in excess of 40 percent, although portions may be less than 40 percent. The toe of the
bluff is the beach of Puget Sound. The top of a bluff is typically a distinct line where the slope
abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation
separating the unvegetated slope from the vegetated uplands plateau or, when the bluff is vegetated,
the point where the bluff slope diminishes to less than 15 percent.
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“Boating facility” means a facility or structure providing access in and out of the water for vessels,
such as a launching ramp, rails, or lift station open to the public. For purposes of the shoreline master
program, boating facilities do not include docks, piers, moorage piles, mooring buoys, or floats
associated with single-family residences or other joint-use structures not accessible to the public.
“Breakwater” means an off-shore structure, either floating or not, which may or may not be
connected to the shore, such structure being designed to absorb and/or reflect back into the water
body the energy of the waves.
“Bulkhead” means a wall, seawall, embankment, or other structure erected at or near the OHWM
and roughly parallel to the shoreline that retains or prevents sliding or erosion of land or protects
land and/or structures from wave or current action.
“Commercial use” means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone.
“Conditional use” means a use, development, or substantial development which is classified as a
shoreline conditional use or is not classified within the shoreline master program.
“Critical salmonid habitats” means habitats that are used by Pacific salmonid species that migrate
between fresh water and salt water during their life cycle. These habitats include:
(1) Gravel bottomed streams used for spawning;
(2) Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and
high waters;
(3) Streams and salt water bodies used as migration corridors;
(4) Shallow areas of salt water bodies used for rearing, feeding, as well as cover and refuge from
predators and currents, including, but not limited to, forage fish habitats such as sandy beaches and
eelgrass beds; and
(5) Pocket estuaries including stream mouths and deltas where fresh water mixes with salt water and
provides rearing habitat for juvenile salmonids. All salt water shorelines in Federal Way are critical
salmonid habitats.
“Date of filing” see FWRC 15.05.180(2) ‘Final approval of shoreline permits’ for full definition.
“Department” means the department of community development services, unless the context
indicates otherwise.
“Development” means a use consisting of the construction or exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving
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of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes
with the normal public use of the surface of the waters overlying lands subject to the Shoreline
Management Act (Chapter 90.58 RCW) at any state of water level. Development does not include
dismantling or removing structures landward of the OHWM if there is no other associated
development or re-development.
“Dock” means all platform structures floating upon water bodies and connected to land to provide
moorage or landing for waterborne pleasure craft.
“Dredging” means the removal of earth from the bottom of a stream, marine water body, lake or
other water body for the purposes of deepening and/or maintaining a navigational channel.
“Drift cell” (also referred to as “drift sector,” or “littoral cell”) means a particular reach of marine
shore in which littoral drift may occur without significant interruption and which contains any
natural sources of such drift and also accretion shore forms created by such drift.
“Ecological functions” means the work performed or role played by the physical, chemical, and
biological processes in the shoreline that contribute to the maintenance of the aquatic and terrestrial
environments that constitute the shoreline’s natural ecosystem.
“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes
of erosion, transport, and deposition; and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated ecological
functions.
“Exemptions” means those development activities which are not required to obtain a substantial
development permit, but which must obtain an authorized statement of exemption and which must
otherwise comply with applicable provisions of the Shoreline Management Act and the City’s local
shoreline master program.
“Fair market value” means the open market bid price for conducting the work, using the equipment
and facilities, and purchase of the goods, services, and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead, and profit. The fair market value of the development shall
include the fair market value of any donated, contributed or found labor, equipment, or materials.
“Feasible” means that an action, such as a development project, mitigation, or preservation
requirement, meets all of the following conditions:
(1) The action can be accomplished with technologies and methods that have been used in the past in
similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
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(2) The action provides a reasonable likelihood of achieving its intended purpose; and
(3) The action does not physically preclude achieving the project’s primary intended legal use. In
determining an action’s feasibility, the reviewing agency may weigh the action’s relative public costs
and public benefits considered in the short- and long-term time frames.
“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises
the elevation or creates dry land.
“Float” means a structure or device which is not a breakwater and which is moored, anchored, or
otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
“Floating home” means a single-family dwelling unit constructed on a float that is moored,
anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being
towed.
“Floating on-water residence” means any floating structure other than a floating home, as defined
by this chapter that is designed or used primarily as a residence on the water and has detachable
utilities.
“Floodway” means the area that has been established in effective federal emergency management
agency flood insurance rate maps or floodway maps.
“Floodplain” means the 100-year floodplain and means that land area susceptible to inundation with
a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be
based upon flood ordinance regulation maps or a reasonable method which meets the objectives of
the Act.
“Geologically hazardous areas” means areas which because of their susceptibility to erosion,
landsliding, seismic, or other geological events are not suited to siting commercial, residential, or
industrial development consistent with public health or safety concerns. Geologically hazardous
areas include the following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural
agents such as wind, rain, splash, frost action, or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a
mass of soil or rock including, but not limited to, the following areas:
(a) Any area with a combination of:
(i) Slopes greater than 15 percent;
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(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to
the present, or which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion, or
undercutting by wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
(e) Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
(f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association
with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical
relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A
slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation conducted
by a qualified expert that includes a description of the ground and surface hydrology and geology; the
affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or
processes; conclusions and recommendations regarding the effect of the proposed development on
geologic conditions; the adequacy of the site to be developed; the impacts of the proposed
development; alternative approaches to the proposed development; and measures to mitigate
potential site-specific and cumulative geological and hydrological impacts of the proposed
development, including the potential adverse impacts to adjacent and down-current properties.
Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified
professional engineers or geologists who have professional expertise about the regional and local
shoreline geology and processes.
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“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land.
“Groin” means a barrier type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
“Height” means that distance measured from average grade level to the highest point of a structure;
provided, thatexcluding television antennas, chimneys, temporary construction equipment, and
similar appurtenances shall not be used in calculating height, except where such appurtenances
obstruct the view of the shoreline of a substantial number of residences on areas adjoining such
shorelines, or the applicable master program specifically requires that such appurtenances be
included; provided further, that temporary construction equipment is excluded in this calculation.
“Jetty” means an artificial barrier used to change the natural littoral drift to protect inlet entrances
from clogging by excess sediment.
“Landslide” means an episodic downslope movement of a mass of soil or rock that includes but is
not limited to rockfalls, slumps, mudflows, and earthflows.
“Littoral drift” means the natural movement of sediment along marine or lake shorelines by wave
action in response to prevailing winds.
“Major stream” means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent
blockage shall be regulated as a major stream.
“Marine” means pertaining to tidally influenced waters, including Puget Sound and the bays,
estuaries, and inlets associated therewith.
“Minor stream” means any stream that does not meet the definition of a major stream
“Mooring buoys” means a floating object anchored to the bottom of a water body that provides tie-
up capabilities for vessels.
“Native shoreline vegetation” means trees, shrubs, and other plant species that are indigenous to a
specific area or region. Plants and native to western Washington are as referenced in Flora of the
Pacific Northwest (Hitchcock and Cronquist). Ornamental landscaping and invasive species shall not
be considered native shoreline vegetation.
“Natural or existing topography” means the topography of the lot, parcel, or tract of real property
immediately prior to any site preparation or grading, including excavating or filling.
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“Nearshore” means either nearshore environment or nearshore habitat and refers generally to an area
along the Puget Sound shoreline that extends from the top of bluffs or upland area immediately
adjacent to the beach to the point where sunlight penetrates marine waters to a depth where aquatic
plant life is supported.
“Nonconforming development” means an existing structure that was lawfully constructed when it
was built but is no longer fully consistent with present regulations, such as setbacks, buffers, or
yards; area; bulk; height or density standards, due to subsequent changes to the master program.
“Nonconforming lot” means a lot that met dimensional requirements of the applicable master
program at the time of its establishment but now contains less than the required width, depth, or area
due to subsequent changes to the master program.
“Nonconforming structure” See nonconforming development.
“Nonconforming use or development” means a shoreline use or development which was lawfully
constructed or established prior to the effective date of the Act or the applicable shoreline master
program, or amendments thereto, but which does not conform to present use regulations or standards
of the shoreline master program.
“Non-water-oriented uses” means those uses that are not water-dependent, water-related, or water-
enjoyment, and which have little or no relationship to the shoreline and are not considered priority
uses under the Shoreline Management Act. Examples include professional offices, automobile sales
or repair shops, mini-storage facilities, multifamily residential development, department stores, and
gas stations
“Ordinary high water mark (OHWM)” means the mark on all lakes, streams, and tidal waters that
will be found by examining the beds and banks and ascertaining where the presence and action of
waters are so common and usual and so long continued in all ordinary years as to mark upon the soil
a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed
on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance
with permits issued by a local government or the Department of Ecology. In any area where the
ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be
the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the
line of mean high water.
“Permit” means any substantial development, variance, conditional use permit, or revision
authorized under Chapter 90.58 RCW.
“Pier” means any fixed platform structure upon water bodies that is supported by piles and
connected to land.
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“Primary structure” means the structure associated with the principal use of the property. If more
than one structure is associated with the principal use of the property, the one with the highest value
shall be considered the primary structure.
“Public access” means the general public’s ability to view, reach, touch, and enjoy the water’s edge
and use the state’s public waters, the water/land interface, and associated public shoreline area.
Public access also includes actual, physical, unobstructed access from land to the ordinary high water
mark or adjacent shorelands.
“Public utility” means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such
services shall include but are not limited to: water supply, electric power, telephone, cablevision,
natural gas, and transportation for persons and freight. The term also includes broadcast towers,
antennas, and related facilities operated on a commercial basis.
“Recreational development” means commercial and public facilities designed and used to provide
recreational opportunities to the public.
“Replacement structure” means the construction of a new structure to perform the same function as
an existing structure that can no longer adequately serve its purpose. Additions to or increases in size
of existing structures shall not be considered replacement structures.
“Residential development” means developments and occupancy in which persons sleep and prepare
food, other than developments used for transient occupancy. Residential development includes the
creation of new residential lots through subdivision of land. Residential development does not
include floating homes, floating on-water residences, live-aboard vessels, or converted residential
appurtenances.
“Restoration” means, in the context of “ecological restoration,” the reestablishment or upgrading of
impaired ecological shoreline processes or functions. This may be accomplished through measures
including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or
treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline
area to aboriginal or pre-European settlement conditions.
“Riprap” means a layer, facing, or protective mound of angular stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also, the stone so used.
“Shall” means a mandate; the action must be done.
“Shorelands,” also referred to as “shoreland areas,” means those lands extending landward for 200
feet in all directions as measured on a horizontal plane from the ordinary high water mark;
floodways, and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands
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and river deltas associated with the streams, lakes, and tidal waters which are subject to the
provisions of this chapter; the same to be designated as to location by the Department of Ecology.
“Shoreline administrator” means the director of the department of community development or his or
her designee and is responsible for administering the Federal Way shoreline master program.
“Shoreline environment designation” means the categories of shorelines of the state established by
the city of Federal Way shoreline management master program to differentiate between areas whose
features imply differing objectives regarding their use and future development.
“Shoreline jurisdiction” means all “shorelines of the state” and “shorelands” as defined in the
Federal Way shoreline master program and RCW 90.58.030.
“Shoreline master program (SMP)” means the comprehensive use plan for a described area, and the
use regulations together with maps, diagrams, charts, or other descriptive material and text, a
statement of desired goals, and standards developed in accordance with the policies enunciated in
RCW 90.58.020.
“Shoreline modifications” means those actions that modify the physical configuration or qualities of
the shoreline area, usually through the construction of a physical element such as a dike, breakwater,
pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions,
such as clearing and grading.
“Shoreline stabilization” means structural and nonstructural actions taken to address erosion impacts
to property, dwellings, businesses, or structures caused by natural shoreline processes such as
currents, floods, tides, wind, or wave action. Expansion or enlargement of existing stabilization
measures is considered new stabilization.
“Shoreline variance” means to grant relief from the specific bulk, dimensional, or performance
standards in the local shoreline master program, but not a means to vary a “use” of a shoreline.
“Shorelines” means all of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them; except (1) shorelines of statewide significance;
(2) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic
feet per second or less and the wetlands associated with such upstream segments; and (3) shorelines
on lakes less than 20 acres in size and wetlands associated with such small lakes.
“Shorelines of statewide significance” means those areas of Puget Sound in the city of Federal Way
lying seaward from the line of extreme low tide.
“Shorelines of the state” means the total of all “shorelines” and “shorelines of statewide
significance” within the city of Federal Way.
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“Should” means that the particular action is required unless there is a demonstrated, compelling
reason, based on policy of the Shoreline Management Act and this title, against taking the action.
“SMA” means the Shoreline Management Act.
“SMP” means the shoreline master program.
“Soft-shore bank stabilization” means the use of bioengineering or biotechnical bank stabilization
measures where vegetation, logs, rock, and beach nourishment are used to address erosion control
and slope stability.
“Stringline setback” means a straight line drawn between the points on the primary structures having
the greatest projection waterward on the two adjacent properties. If one of the adjacent properties is
unimproved, the line shall be drawn to the point of the standard shoreline setback at the side property
line of the unimproved lot.
“Structure” See the definition in FWRC 19.05.
“Substantial accessory structure” means nonprimary structures equal to or larger than 400 square
feet and in good repair.
“Vegetation conservation area” means an upland area adjacent to the ordinary high water mark or
top of bluff where existing native vegetation and native trees shall be retained per the requirements
of the Federal Way shoreline master program. The width of the vegetation conservation area is
consistent with setback requirements for specific uses and shoreline environment designations.
“Vessel” means ships, boats, barges, or any other floating craft which are designed and used for
navigation and do not interfere with the normal public use of the water.
“Water quality” means the physical characteristics of water within shoreline jurisdiction, including
water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological
characteristics. Where used in this title, the term “water quantity” refers only to development and
uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and
stormwater handling practices. Water quantity, for purposes of this title, does not mean the
withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through
90.03.340.
“Water -dependent use” means a use or portion of a use which cannot exist in any other location and
is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-
dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge
loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities, and
sewer outfalls.
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“Water-enjoyment use” means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the use
and which through location, design, and operation ensures the public’s ability to enjoy the physical
and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be
open to the general public and the shoreline-oriented space within the project must be devoted to the
specific aspects of the use that foster shoreline enjoyment.
“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a
combination of such uses.
“Water-related” means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials
by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent commercial activities and
the proximity of the use to its customers makes its services less expensive and/or more convenient.
Examples include professional services serving primarily water-dependent activities and storage of
water-transported foods.
“Wetland” means areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of
wetlands.
Section 5. FWRC 15.05.040 is hereby amended to read as follows:
Article II. Shoreline Regulation
15.05.040 General development standards.
The following general development standards apply to all uses and activities in all shoreline
environments:
(1) Impact mitigation.
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(a) To the extent the Washington State Environmental Policy Act of 1971 (SEPA), Chapter
43.21C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses
or developments shall be conducted consistent with the rules implementing SEPA (FWRC
14.05.010 and Chapter 197-11 WAC). Mitigation for adverse impacts to shoreline functions will
be triggered during the SEPA review, shoreline land use permit process, or exemption approval
process.
(b) Where required, mitigation measures shall be applied in the following sequence of steps
listed in order of priority.
(i) Avoiding the impact altogether by not taking a certain action or parts of an action;
(ii) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating the impact over time by preservation and maintenance
operations;
(v) Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and
(vi) Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
(c) In determining appropriate mitigation measures applicable to shoreline development, lower
priority measures shall be applied only where higher priority measures are determined to be
infeasible or inapplicable.
(d) Required mitigation shall not be in excess of that necessary to assure that proposed uses or
development will result in no net loss of shoreline ecological functions.
(e) Mitigation actions shall not have a significant adverse impact on other shoreline functions
fostered by the policy of the Shoreline Management Act.
(f) When compensatory measures are appropriate pursuant to the mitigation priority sequence
above, preferential consideration shall be given to measures that replace the impacted functions
directly and are located in the immediate vicinity of the impact. However, alternative
compensatory mitigation may be authorized if said mitigation occurs within the watershed and
addresses limiting factors or identified critical needs for shoreline conservation based on
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watershed or comprehensive management plans. Authorization of compensatory mitigation
measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net
loss of ecological functions.
(2) Vegetation conservation. Existing shoreline vegetation shall be preserved per development
standards established for each shoreline environment designation as listed in the development
standards table and the setback standards in FWRC 15.05.070(6).
(3) Water quality/stormwater. All activities and development within the shoreline jurisdiction shall
incorporate water pollution control measures and best management practices (BMPs) for stormwater
management. Such measures shall address both temporary impacts to water quality from construction
activities as well as the need for permanent stormwater management facilities in compliance with the
requirements and restrictions of all applicable city and state regulations.
(4) Critical areas. Activities and development in critical areas found within shoreline jurisdiction are
required to comply with the development standards outlined in Chapter 15.10 19.145 FWRC,
Environmentally Critical Areas (Ordinance 15-797, June 16, 2015), and Chapter 15.15 19.142
FWRC, Flood Damage Prevention (Ordinance 18-856, November 6, 2018), for each area described
below.
(a) Activities and alterations to critical areas, shorelines of the state, and their buffers shall be
subject to the provisions of Chapter 15.05 FWRC (master program). The master program defers
to the director on determining whether an activity affecting critical areas in shoreline
jurisdictions is exempt from shoreline permit requirements, per WAC 173-27-040.
(a b) Any conflict between the standards outlined in Chapter 15.10 19.145 or 15.15 19.142
FWRC and the SMP shall be resolved in favor of the standard that is most protective of the
shoreline ecological functions. In addition to the development standards outlined in Chapters
15.10 19.145 and 15.15 19.142 FWRC, the following minimum requirements shall apply with
regard to activities and development in critical areas found within shoreline jurisdiction with the
following clarifications and modifications:
(i) Minimum setbacks from the OHWM established by this chapter shall be maintained in all
cases unless a shoreline variance is granted. Shoreline setbacks are defined in FWRC
15.05.070(6) of this chapter.
(ii) When FWRC .15.10.270 19.145.440 (Structures, improvements, and clearing and
grading within regulated wetland buffers Development within wetland buffers), subsections
(5) Wetland Buffer Reduction averaging, and (6) Modification Buffer reduction with
enhancement are utilized for a project proposal, a shoreline variance permit is required if the
overall proposed buffer width reduction exceeds 25 percent.
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(iii) The provisions of Federal Way Environmentally Critical Area regulations do not extend
shoreline jurisdictions beyond the limits specified in this SMP. For regulations addressing
critical area buffers that are outside shoreline jurisdiction, see FWRC 19.145.
(iv) Any provision of the Environmentally Critical Areas Ordinance not consistent with the
Shoreline Management Act, Chapter 90.58 RCW, or supporting Washington Administrative
Code chapters, the more restrictive regulations shall apply.
(bc) Geologically hazardous areas. Regulated geologically hazardous areas located in the
shoreline jurisdiction include seismic hazard areas, landslide hazard areas, steep slopes, and
erosion hazard areas. If a geologically hazardous area is located within the shoreline jurisdiction,
all activities on the site shall be in compliance with the requirements and restrictions of Articles
I, and II III, IV of Chapter 15.10 19.145 FWRC. In addition to the development standards
outlined in Chapter 15.10 19.145 FWRC, the following shall apply with regard to activities and
development in geologically hazardous areas found within shoreline jurisdiction:
(i) Creation of new lots shall be prohibited where development and use on new lots would
cause a foreseeable risk from geological conditions during the life of the development.
(ii) New development that causes risk from geological conditions should shall not be
allowed.
(iii) New development on sites with steep slopes and bluffs is required to be set back
sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of
the project as demonstrated by a geotechnical analysisreport. Geotechnical reports shall
conform to accepted technical standards and must be prepared by qualified professional
engineers or geologists who have professional expertise about the regional and local
shoreline geology and processes.
(cd) Streams and wetlands. If a stream or wetland is located within the shoreline jurisdiction, all
activities within the shoreline jurisdiction shall be in compliance with the requirements and
restrictions of Articles I, II,III, and IV and VI of Chapter 15.10 19.145 FWRC.
(de) Flood damage reduction. If an area of special flood hazard is located on or adjacent to a
development site within shoreline jurisdiction, all activities on the site shall be in compliance
with the requirements and restrictions of Chapter 15.15 19.142 FWRC. All activities allowed
within the special flood hazard area by the requirements and restrictions of Chapter 15.15 19.142
FWRC shall not result in a net loss of ecological function.
(f) Critical aquifer recharge areas and wellhead protection areas. If a critical aquifer recharge
area or wellhead protection area is located within the shoreline jurisdiction, all activities within
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the shoreline jurisdiction shall be in compliance with the requirements and restrictions of
Articles I, II, III, and VII of Chapter 15.10 19.145 FWRC.
(5) Critical salmonid habitats. All salt water shorelines in Federal Way are critical salmonid habitats.
Activities and development in critical salmonid habitats found within the shoreline jurisdiction are
required to comply with the following development standards, in addition to those contained in other
sections of this chapter:
(a) Structures which prevent the migration of salmon and steelhead are prohibited. Fish bypass
facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry
and juveniles migrating downstream from being trapped or harmed.
(b) Shoreline modification structures may intrude into critical salmonid habitats only where the
proponent demonstrates all of the following conditions are met:
(i) An alternative alignment or location is not feasible;
(ii) The project is designed to minimize its impacts on the environment;
(iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by
creating in-kind replacement habitat near the project. Where in-kind replacement mitigation
is not feasible, rehabilitating degraded habitat may be required as a substitute;
(iv) The project satisfies all provisions of FWRC 15.05.050, Shoreline modifications.
(c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. If
a bridge is not feasible, one of the following water crossing structures may be approved if the
impacts can be mitigated: temporary culverts, bottomless arch culverts, elliptical culverts, or
other fish-passable round culverts. These structures are listed in priority order, with the first
having the highest preference and the last the lowest preference. In order for a lower priority
structure to be permitted, the applicant must show the higher priority structures are not feasible.
The project shall be designed to minimize its impacts on the environment.
(d) Bridges and in-water utility corridors may be located in critical salmonid habitats provided
the proponent shows that all of the following conditions are met:
(i) An alternative alignment is not feasible;
(ii) The project is located and designed to minimize its impacts on the environment;
(iii) Any alternative impacts are mitigated; and
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(iv) Any landfill is located landward of the ordinary high water mark.
Open piling and piers required to construct the bridge may be placed waterward of the ordinary high
water mark, if no alternative method is feasible.
When installing in-water utilities, the installer may be required to place native material on the bed
and banks of the water body or wetland to reestablish the preconstruction elevation and contour of
the bed. The project shall be designed to avoid and minimize impacts on the environment.
(e) Dredging in critical salmonid habitats shall not be allowed unless the proponent demonstrates
all of the following conditions are met:
(i) The dredging is for a water-dependent or water-related use;
(ii) An alternative alignment or location is not feasible;
(iii) The project is designed to minimize its impacts on the environment;
(iv) The project is in the public interest; and
(v) If the project will create significant unavoidable adverse impacts, then the impacts are
mitigated by creating in-kind replacement habitat near the project. Where in-kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a
substitute.
(f) In-water dredge spoil disposal sites shall not be located in critical salmonid habitats.
(g) Filling, dumping, discharging (including discharging of stormwater), commercial or industrial
wastewater, dredging, channelization, draining, flooding, disturbing the water level, duration of
inundation or water tables, and other activities which negatively impact habitat are prohibited in
wetlands, ponds, and side channels which are associated with critical salmonid habitats.
(h) Within critical salmonid habitats, permanent channel changes and realignments are
prohibited.
(i) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats
shall be minimized. Trees which shade side channels, streams, estuaries, ponds, and wetlands
associated with critical salmonid habitats shall be maintained consistent with the provisions of
this chapter. Areas of disturbed earth shall be revegetated.
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(j) Unless removal is needed to prevent hazards to life and property or to enhance critical
salmonid habitats, large woody debris below the ordinary high water mark shall be left in the
water to provide salmon and steelhead habitat.
(6) Archaeological and historic resources.
(a) If any archaeological artifacts are uncovered during excavations in the shoreline, work must
stop immediately and the city of Federal Way, the state Department of Archaeology and Historic
Preservation, the Muckleshoot Indian Tribe, and the Puyallup Tribe of Indians must be notified.
(b) Proposals for ground disturbing activities in areas known to contain an historic, cultural, or
archaeological resource(s) or highly suspected to contain archaeological artifacts and data shall
require a site inspection and evaluation by a professional archaeologist or historic preservation
professional, as applicable, prior to issuance of a permit or initiation of disturbance. The
evaluation shall include recommendations for monitoring of potentially disruptive activities, data
recovery, and/or mitigation measures if warranted. Cost for inspection and evaluation of the site
will be the responsibility of the applicant.
(c) If archeological items are found during excavation work, the applicant shall stop work and
apply for an Archeological Excavation and Removal Permit, per WAC 25-48.
(d) Archeological site investigations are required for sites as defined by Washington State
Department of Archeology and Historic Preservation predictive model rates as “survey
recommended: moderate risk, “survey highly advised: very high risk,” and “survey highly
advised: very high risk.”
(7) Public access.
(a) In review of all shoreline permits or developments of more than four residential lots or
dwelling units per WAC 173-26-240 (j)(v)(A), or subdivision of land into more than four lots, or
commercial development, or non-water-dependent uses (including water-enjoyment and water-
related uses) consideration of public access and joint use of community recreational facilities
shall be required when:
(i) The development would generate demand for one or more forms of public shoreline
access; and/or
(ii) The development would eliminate, restrict, or otherwise impair existing legal access
opportunities or rights. In these instances, public access shall be provided by the
development in a form, as detailed by subsection (7)(d) of this section, consistent in character
with the existing public access that was eliminated, restricted, or otherwise impaired.
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(b) Requirements or conditions for public access shall be consistent with all relevant
constitutional and other legal limitations on regulation of private property.
(c) Public access requirements shall not be required when the applicant demonstrates that one or
more of the following provisions apply:
(i) Unavoidable health or safety hazards to the public exist that cannot be prevented by any
practical means;
(ii) Inherent security requirements of the use cannot be satisfied through the application of
alternative design features or other solutions;
(iii) The cost of providing the access, easement, alternative amenity, or mitigating the
impacts of public access is unreasonably disproportionate to the total long-term cost of the
proposed development;
(iv) Significant environmental impacts would result from the public access that cannot be
mitigated; and/or
(v) Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated.
(d) Public access shall consist of a dedication of land or a physical improvement in the form of a
walkway, trail, bikeway, corridor, viewpoint, park, or other area serving as a means of view
and/or physical approach to shorelines of the state and may include interpretive centers and
displays.
(e) Public access locations shall be clearly marked with visible signage.
(f) Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be
diminished (RCW 36.87.130).
(g) Shoreline development by any public entities, including the city of Federal Way, state
agencies, and public utility districts, shall include public access measures as part of each
development project, unless such access is shown to be incompatible due to reasons of safety,
security, or impact to the shoreline environment or other provisions in this section.
(8) Restoration projects.
(a) Restoration projects within the shoreline environment consistent with WAC 173-27-080(2)(o)
shall be allowed without a shoreline substantial development permit; be reviewed through the
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shoreline exemption review process; and be designed consistent with the development standards
outlined in Chapter 15.10 19.145 FWRC – Critical Areas and the provisions of this chapter.
(b) Approval of restoration projects shall be based on a review of a plan containing, at a
minimum, an analysis of existing conditions, identification of the area to be restored, proposed
corrective actions, including installation of native species, performance standards, monitoring
schedule, planting plans, erosion and sedimentation control plans, and grading plans as
necessary.
(c) The shoreline administrator Director shall require an applicant to retain the services of a
qualified professional in preparing the restoration plan. Intrusions into regulated steep slopes and
associated setbacks will be allowed for purposes of approved restoration projects.
(d) The Director may grant relief from shoreline master program development standards and use
regulations resulting from shoreline restoration projects within urban growth areas as long as
such relief is consistent with criteria and procedures in WAC 173-27-215.
Section 6. FWRC 15.05.050 is hereby amended to read as follows:
15.05.050 Shoreline modifications.
(1) Shoreline stabilization. Shoreline stabilization may be permitted in the shoreline residential
environment. Hard armoring (e.g., bulkheads and riprap) is subject to a shoreline conditional use
permit in the urban conservancy environment. Soft-shore stabilization may be permitted in the urban
conservancy environment. Shoreline stabilization proposals shall address the following:
(a) Shoreline stabilization, including bulkheads, shall not be considered an outright permitted use
on the city’s shorelines. In order for shoreline stabilization to be permitted the city must find that:
(i) The applicant shall provide a geotechnical report, prepared by a qualified professional,
that estimates the rate of erosion and evaluates alternative solutions; and the urgency
associated with the specific situation; and demonstrate the project is consistent with WAC
173-26-231(3)(a)(iii)(B); and
(ii) Soft-shore stabilization alternatives such as slope drainage systems, vegetative growth
stabilization, gravel berms, and beach nourishment shall be prioritized over structural options
such as bulkheads and riprap. The “softest” effective alternative shall be utilized; and
(iii) In the case of proposed hard armoring stabilization solutions (e.g., bulkheads and riprap),
erosion from waves or currents presents a clear and imminent (damage within three years)
threat to a legally established primary structure, one or more substantial accessory structures,
water-dependent development, ecological restoration/toxic clean-up remediation projects, or
public improvements; and
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(iv) In the case of bulkheads and riprap, the proposed shoreline stabilization is located
landward of the ordinary high water mark; and
(v) The proposed shoreline stabilization is the minimum size necessary to protect existing
improvements; and
(vi) The applicant shall demonstrate that impacts to sediment transport are minimized to the
greatest extent possible; and
(vii) Shoreline stabilization shall not have an adverse impact on the property of others and
shall be designed so as not to create the need for shoreline stabilization elsewhere; and
(viii) Shoreline stabilization shall not significantly interfere with normal surface and/or
subsurface drainage into the water body and shall be constructed using an approved filter
cloth or other suitable means to allow passage of surface and groundwater without internal
erosion of fine material; and
(ix) Shoreline stabilization shall not be used to create new lands; and
(x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal
within fresh water lake shorelines; and
(xi) Use of creosote treated wood is prohibited within marine shorelines; and
(xii) Revegetation with native plants is required as part of the shoreline stabilization project;
and
(xiii) Shoreline stabilization shall not otherwise result in a net loss of ecological functions.
(b) When a bulkhead or other structural alternative is permitted subject to subsection (1)(a) of
this section, the following standards shall apply:
(i) The maximum height of the proposed bulkhead or other stabilization structure is no more
than one foot above the elevation of mean higher high water on tidal waters, or one foot in
height above the elevation of ordinary high water mark on lakes, measured from grade on the
waterward side of the bulkhead or structure; and the minimum necessary to protect the
upland structure(s) or development proposal(s) along tidal waters. Minimum necessary
bulkhead height requirements must be supported by both recorded tidal events and
geotechnical documentation by a qualified professional. The city may employ an outside
consultant at the applicant’s expense for third-party review of the report.
(ii) When a bulkhead or other stabilization structure has deteriorated such that the ordinary
high water mark has been established by the presence and action of water landward of the
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existing bulkhead, then the replacement bulkhead or structure must be located at or landward
of the ordinary high water mark.
(iii) Repair of an existing bulkhead or other stabilization structure is permitted provided that
the repaired bulkhead or structure is not relocated further waterward or increased in height.
(iv) If an existing bulkhead or other stabilization structure is destroyed it may be replaced as
it existed prior to destruction, provided application for required permits is made within one
year of destruction. Additions to or increases in size of existing shoreline stabilization
measures shall be considered new structures.
(v) Soft-shoreline stabilization measures that provide restoration of shoreline ecological
functions may be permitted waterward of the ordinary high water mark.
(vi) The project satisfies the provisions of FWRC 15.05.040(5)(b).
(c) Creation of new lots shall be prohibited where development and use on new lots would
require structural shoreline stabilization over the life of the development. The following
standards shall apply to new development.
(i) New development that would require shoreline stabilization which causes significant
impacts to adjacent or down-current properties and shoreline areas should not be allowed.
(ii) New development, including newly created parcels, is required to be designed and
located to prevent the need for future shoreline stabilization as documented by a geotechnical
analysis.
(iii) New development on steep slopes and bluffs is required to be set back sufficiently to
ensure that shoreline stabilization is unlikely to be necessary during the life of the project as
demonstrated by a geotechnical analysis.
(2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys may be
permitted in the shoreline residential and urban conservancy environments subject to the following
conditions:
(a) Public piers and docks shall only be allowed for water-dependent uses and public access
subject to a shoreline conditional use permit and the following criteria:
(i) Public’s need for such a structure is clearly demonstrated;
(ii) The project, including any required mitigation, will result in no net loss of ecological
functions associated with critical salt water habitat;
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(iii) The project is consistent with the state’s interest in resource protection and species
recovery; and
(iv) 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.
(b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-
family residence, or as common use facilities associated with a subdivision, short subdivision, or
multifamily development, in accordance with this chapter and the following limitations:
(i) Residential mooring buoys are preferred over docks and piers on the Puget Sound
shoreline. Applicants for a residential dock or pier on the Puget Sound shoreline must
demonstrate why a mooring buoy will not provide adequate moorage for recreational
watercraft.
(ii) No more than one pier, dock, float, or mooring buoy for each existing residential lot is
permitted.
(iii) New residential developments of two or more units, subdivisions, or short subdivisions
shall be limited to one shared dock or pier.
(A) The total number of moorage spaces shall be limited to one moorage space for every
dwelling unit up to four. For each two dwelling units after four, one additional moorage
space is permitted.
(c) All docks and piers shall be subject to the mitigation requirements per FWRC 15.05.040(1)
and will result in no net loss of ecological functions associated with critical salt water habitat. A
preliminary eelgrass survey as specified under the Army Corps of Engineers, Regional General
Permit, RGP 6 shall be required for new docks or piers on the Puget Sound shoreline.
(d) No dwelling unit may be constructed on a pier or dock.
(e) No covered pier, covered dock, covered moorage, covered float, or other covered structure is
permitted waterward of the ordinary high water mark.
(f) Piers, docks, mooring buoys, or floats shall meet the side and rear yard setbacks of the
underlying zoning classification, except in the case of shared facilities, in which case no side
yard setback is required.
(g) All piers, docks, mooring buoys, floats, or other such structures shall not, during the course of
the normal fluctuations of the elevation of the water body, protrude more than five feet above the
surface of the water.
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(h) Floats cannot rest on the tidal substrate at any time. Stoppers on the piling anchoring the
floats or stub piling must be installed such that the bottom of the flotation device is at least one
foot above the level of the substrate.
(i) Any pier, dock, mooring buoy, or float must be constructed out of materials that will not
adversely affect water quality. Use of chemically treated wood is prohibited in fresh water lake
shorelines. Use of creosote treated wood is prohibited in marine shorelines.
(j) Any new pier or dock must be located generally perpendicular to the shoreline, and oriented to
minimize shading impacts to the maximum degree feasible.
(k) Live-aboard vessels are prohibited except temporary habitation on a vessel is permitted only
in a cabin under the hull and only provided that such habitation shall not create a public health
hazard or nuisance and this habitation shall not exceed 14 days within any six-month period.
Moorage not associated with residential development may not extend greater than one 24-hour
period without a lease from the Washington Department of Natural Resources.
(l) Pier and dock dimensions and grating, marine shorelines.
(i) Where authorized by this chapter, piers and docks located on marine shorelines shall be
the minimum size required to provide for moorage. Single-family piers or docks shall not
exceed 75 feet in length measured perpendicularly from the OHWM. Shared moorage may
extend up to 100 feet in length if demonstrated to be necessary to provide adequate moorage.
Docks that cannot meet this standard may request a review under the variance provisions of
this program.
(ii) The maximum width of each pier or dock shall be six feet.
(iii) The maximum width of walkway ramps shall be four feet and shall be fully grated.
(iv) The decking of all piers and docks shall be designed to allow a minimum of 45 percent
light passage. This may be accomplished through grated decks, space between decking, light
prisms, or other means.
(v) Pier skirting is not permitted.
(m) Pier and dock dimensions and grating, lake shorelines.
(i) 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
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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.
(ii) The maximum width of each pier or dock shall be six feet, or up to eight feet wide on
joint-use docks where additional mitigation is provided.
(iii) The decking of all piers and docks shall be designed to allow a minimum of 45 percent
light passage. This may be accomplished through grated decks, space between decking, light
prisms, or other means.
(n) Floats are limited under the following conditions:
(i) One float per single-family residence and no more than one common use float for each
new multifamily development, short subdivision, or subdivision is permitted.
(ii) No portion of a float shall be placed more than 45 feet waterward of the ordinary high
water mark on lake shorelines.
(iii) Retrieval lines shall not float at or near the surface of the water.
(iv) No float shall have more than 100 square feet of surface area.
(v) Floats shall use grating on at least 30 percent of their surface to allow light penetration.
(3) Boating facilities – launching ramps, rails, and lift stations.
(a) Launching ramps, rails, and lift stations may be permitted in parks and public access areas in
the shoreline residential and urban conservancy environments subject to a shoreline conditional
use permit, where authorized by FWRC 15.05.070 through 15.05.090. The following conditions
shall apply:
(i) No portion of a launching ramp, rail, or lift station shall be placed more than 60 feet
waterward of the ordinary high water mark.
(ii) All portions of a launching ramp, rail, or lift station shall be placed at a depth not to
exceed eight feet below the ordinary high water mark.
(iii) Launching rails or ramps shall be anchored to the ground through the use of tie-type
construction. Asphalt, concrete, or other ramps, which solidly cover the bottom or bed of a
water body, are prohibited.
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(iv) No more than one launching ramp, rail, or lift station per shoreline development shall be
permitted.
(v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments
that have an existing pier, dock, float, mooring buoy, or other functional moorage. Piers,
docks, floats, or other forms of moorage shall not be permitted for shoreline developments
that have existing launching ramps, rails, or lift stations.
(vi) Launching ramps, rails, and lift stations shall be sited and designed to ensure protection
of navigation routes and access; shall be aesthetically compatible with or enhance existing
shoreline features; and shall be clearly marked and separated from nearby swimming areas.
(vii) On-shore facilities associated with public boating facilities shall provide adequate off-
street parking and loading area, and have adequate facilities for handling of sewage and litter.
(4) Breakwaters, jetties and groins.
(a) Floating breakwaters are permitted in the shoreline residential and urban conservancy
environments, with a conditional use permit, when the following conditions apply:
(i) Floating breakwaters may be allowed if necessary to protect a public boat launch, when no
other alternative with less impact to the environment is feasible.
(ii) When permitted, development of floating breakwaters shall include mitigation measures
consistent with this chapter as to ensure no net loss of ecological function.
(iii) Nonfloating breakwaters are prohibited.
(b) Jetties are prohibited within all shoreline environments in the city.
(c) Groins are prohibited in all shoreline environments in the city.
(5) Dredging and filling.
(a) Dredging.
(i) Dredging activities in shoreline residential or urban conservancy environments require a
conditional use permit. Dredging is not permitted in the natural environment.
(ii) Dredging activities are allowed only where necessary to protect public safety or for
shoreline restoration activities.
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(iii) Dredging is allowed only where an alternative alignment that would not require dredging
is not feasible.
(iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline
ecological functions or processes.
(v) Where allowed, dredging operations shall avoid and minimize significant ecological
impacts to the greatest extent feasible, and shall be mitigated as required by this chapter.
(vi) Siting and design of new development shall avoid the need for new and maintenance
dredging.
(vii) Dredging for fill materials shall be prohibited, except for projects associated with
MTCA or CERCLA remediation actions, habitat restoration, or any other significant
restoration effort approved by a shoreline conditional use permit. In such instances,
placement of dredged fill material must be waterward of the OHWM.
(b) Filling.
(i) Fill activities waterward of the ordinary high water mark shall only be allowed with a
shoreline conditional use permit in association with allowed (permitted) water-dependent use
developments; public access; clean-up and disposal of contaminated sediments as part of an
interagency environmental clean-up plan; disposal of dredged material in accordance with the
DNR Dredged Material Management Program; or expansion or alteration of transportation
facilities of statewide significance currently located on the shoreline (if alternatives to fill are
shown not feasible). Fill waterward of the ordinary high water mark associated with non-
water-dependent uses shall be prohibited.
(ii) Fill waterward of the ordinary high water mark needed to support the following water-
dependent uses may be allowed through a conditional use permit in the shoreline residential
and urban conservancy environments:
(A) Public access;
(B) Expansion, alteration, or repair of transportation facilities currently located within the
shoreline;
(C) Mitigation actions;
(D) Environmental, ecological, or watershed restoration projects;
(E) Beach nourishment or enhancement projects; and
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(F) Soft-shore bank stabilization projects.
(iii) Permitted fill activities must comply with the following standards:
(A) Demonstration that alternatives to fill are not feasible;
(B) Demonstration that fill shall be deposited so as to minimize disruption of normal
surface and groundwater passage;
(C) Demonstration that fill materials shall be of such quality that they will not adversely
affect water quality;
(D) Demonstration that fill shall allow surface water penetration into the groundwater
supply, where such conditions existed prior to the fill; and
(E) Demonstration that fill timing will minimize damage to water quality and aquatic life.
(iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion
potential.
(v) Fill located waterward of the ordinary high water mark that results in a net loss of shoreline
function is prohibited.
Section 7. FWRC 15.05.070 is hereby amended to read as follows:
15.05.070 Summary of uses, approval criteria, and process.
(1) Uses not addressed in the program shall be conditional uses.
(2) Specific regulations for each use/development are provided in subsequent sections for shoreline
residential (FWRC 15.05.080), urban conservancy (FWRC 15.05.090), and natural (FWRC
15.05.100) environments. All permitted and conditional uses may not appear in the permitted use
table (subsection (5) of this section). In cases where uses are not listed, or conflicts exist with other
section(s) of the program, the text provisions shall control.
(3) Prohibited uses.
(a) The following uses are prohibited in all shoreline environments:
(i) Commercial agriculture.
(ii) Aquaculture.
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(iii) Forest practices.
(iv) Industrial uses.
(v) Mining.
(vi) Floating homes.
(vii) Floating on-water residences are prohibited unless the owner or primary occupant has
held an ownership interest in space in a marina or has held a lease or sub-lease to use space
in a marina since a date prior to July 1, 2014.
(viii) Live-aboard vessels except as allowed by FWRC 15.05.050(2)(k).
(b) Additional uses are prohibited in specific shoreline environments, as detailed by the
permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100.
(4) Prohibited shoreline modifications.
(a) The following shoreline modifications are prohibited in all shoreline environments:
(i) Jetties.
(ii) Groins.
(b) Additional shoreline modifications are prohibited in specific shoreline environments, as
detailed by the permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100.
(5) Permitted use table. The following table summarizes the permitted, conditional, and prohibited
uses for each shoreline environment:
Shoreline Environment
Shoreline Modification Shoreline Residential Urban Conservancy Natural
Shoreline Stabilization1 P P/C2 X
Piers and Docks P/C3 P/C3 X
Mooring Buoys and Floats P P X
Boating Facilities C C4 X
Floating Breakwaters4 C X X
Dredging and Filling P/C5 P/C5 X
Ordinance No. 19-_____ Page 38 of 71
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Shoreline Use Shoreline Residential Urban Conservancy Natural
Office and Commercial
Development
X C X
Recreational Development P P P/X9
Residential Development P P C8
Accessory Structures P P C
Utilities6 P P C
Transportation/Parking
Facilities7
P P C
P = Allowed as exempt from permitting or permitted with substantial development permit
C = May be allowed with shoreline conditional use permit
X = Prohibited
---------------
1. Includes bulkheads, bio-engineered erosion control projects, and other shoreline stabilization activities.
2. Soft-shore stabilization is permitted and hard armoring (e.g., bulkheads, riprap) is subject to a shoreline conditional use permit.
3. Public piers and docks are allowed with a CUP.
4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to protect a public boat launch.
Nonfloating breakwaters are prohibited.
5. Dredging and all fill waterward of the OHWM requires a conditional use permit.
6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments.
7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an allowed shoreline use.
8. Multifamily residential development is prohibited within the natural environment.
9. Non-water-oriented recreational development is prohibited in the natural environment.
(6) Standards table. The following table summarizes siting, design, and dimensional standards of
this program, as specified within FWRC 15.05.040, 15.05.050, 15.05.080, 15.05.090, and 15.05.100
for general shoreline regulations, shoreline modifications, and shoreline uses:
Shoreline Environment
Shoreline Residential Urban Conservancy Natural
General standards for all development and uses
(further detailed by specific use regulations below)
Height1 35 feet 35 feet 35 feet
Shoreline setbacks2 50 feet from OHWM or
as required for protection
of critical areas,
whichever is greater
50 feet from OHWM or
as required for protection
of critical areas,
whichever is greater
100 feet from OHWM or
as required for protection
of critical areas,
whichever is greater
Vegetation conservation
area3
Conserve 70%
(minimum) of native
vegetation and 70%
(minimum) of native trees
in setback
Conserve 85%
(minimum) of native
vegetation and 80%
(minimum) of native trees
in setback
Conserve 100% of native
vegetation and 100% of
native trees in setback
Ordinance No. 19-_____ Page 39 of 71
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Shoreline Environment
Shoreline Residential Urban Conservancy Natural
Office and commercial development
Shoreline setbacks2
N/A (Prohibited)
75 feet from OHWM or
as required for protection
of critical areas,
whichever is greater2 N/A (Prohibited)
Associated overwater
structures
Prohibited, unless
providing public access
Residential development
Shoreline setbacks2 Single-family: 50 feet
from OHWM or as
required for protection of
critical areas, whichever
is greater2
Multifamily: 75 feet from
OHWM or as required
for protection of critical
areas, whichever is
greater2
Single-family: 50 feet
from OHWM or as
required for protection of
critical areas, whichever
is greater2
(no multifamily zoning in
this environment)
Single-family only,
subject to CUP: 100 feet
from OHWM or as
required for protection of
critical areas, whichever
is greater
Density Subject to underlying
zoning (typically 7,000 to
10,000 sq. ft. minimum
lot size; limited areas of
multifamily residential
zoning, 1,800 sq. ft.
minimum lot size)
Subject to underlying
zoning
Subject to underlying
zoning (5-acre minimum
lot size)
Residential accessory structures within the required shoreline setback
Height 8 feet 8 feet 8 feet
Maximum footprint 150 sf per structure4;
300 sf total per lot
150 sf per structure4;
300 sf total per lot
150 sf per structure4;
300 sf total per lot
Shoreline Modifications
Shoreline stabilization5 (FWRC 15.05.070)
Design requirements • Nonstructural alternatives prioritized
• Creation of new land prohibited
• Located at or landward of ordinary high water
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohibited
• Revegetation with native plants required
• Maximum height is 1 foot above elevation of mean
high water mark (tidal) ordinary high water (lakes)
and minimum necessary to protect the upland
structure(s) or development proposal(s) along tidal
waters. Minimum necessary bulkhead height
N/A (Prohibited)
Ordinance No. 19-_____ Page 40 of 71
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Shoreline Environment
Shoreline Residential Urban Conservancy Natural
requirements must be supported by both recorded
tidal events and geotechnical documentation by a
qualified professional.
Piers, docks, mooring buoys, and floats (FWRC 15.05.050(2))
Side yard setbacks Consistent w/underlying zoning, except none when
joint use
N/A (Prohibited)
Maximum height Above water surface level: 5 feet
Siting and design
requirements
• Dwelling units prohibited on piers and docks
• Covered overwater structures prohibited
• Piers and docks oriented perpendicular to the
shoreline
• Piers and docks: must be constructed from
materials that allow light penetration through the
structure
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohibited
• Public dock moorage limited to recreational uses
• 1 dock per existing residential lot
• 1 shared dock per new multifamily development,
subdivision, or short subdivision (additional
limitations on number of moorage spaces)
• 1 float per existing residence/1 shared dock per new
multifamily development/subdivision/short
subdivision
Pier and dock dimensions,
lake shorelines
• Residential piers and docks: maximum waterward
intrusion: based on average length of nearest existing
docks on either side of the proposed dock; never to
exceed 36 feet from OHWM or length at 8 feet of
depth below OHWM, whichever is reached first
• 6-foot maximum dock width (8-foot for joint use)
N/A (Prohibited) Pier and dock dimensions,
marine shorelines
• Maximum waterward intrusion from OHWM 75 –
100 feet depending on use
• 6-foot maximum dock width
• Minimum 45% transparency of decking
Float dimensions and
standards
• Maximum waterward intrusion: 45 feet from
OHWM on lakes
• Maximum surface area: 100 sq. ft.
• Use of grating on at least 30% of surface area
Boating facilities – launching ramps, rails, and lift stations (FWRC 15.05.050 (3)
Dimensions and standards • No more than 60 feet waterward from OHWM
• No more than 8 feet below OHWM
• No more than 1 ramp per shoreline development
• Shall not be allowed for developments with existing
N/A (Prohibited)
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Shoreline Environment
Shoreline Residential Urban Conservancy Natural
pier, dock, float, or other functional moorage. Piers,
docks, floats, or other forms of moorage shall not be
permitted for developments with existing launch
facilities.
1. Maximum heights may be increased pursuant to the shoreline environment-specific regulations of this program (FWRC
15.05.080(3), 15.05.090(3), and 15.05.100(3)).
2. Please refer to the shoreline environment-specific regulations of this program for additional detail related to residential
setbacks, including exceptions or modifications to the standard minimum setback (FWRC 15.05.080(3), 15.05.090(3), and
15.05.100(3)).
3. See Shoreline Vegetation Conservation Standards under FWRC 15.05.075
4. Grass-grid pavers count towards 50% of the maximum footprint requirement.
35 See additional review and approval criteria and design requirements in FWRC 15.05.050(1).
Section 8. FWRC 15.05.075 is hereby added to read as follows:
15.05.075 Shoreline vegetation conservation standards.
(1) Purpose. Vegetation conservation provide a means to conserve, protect, and restore shoreline
vegetation in order to provide for ecological and habitat functions, as well as human health and safety
per WAC 173-26-201(3)(c)(i). Vegetation conservation areas shall consist of a non-clearing area
established to protect the integrity, functions, and values of the affected critical area or shoreline, but
may also be modified and reduced to accommodate allowed uses when consistent with the Act and
this program.
(2) Tree removal and retention
(a) Trees determined by the city to be hazardous or diseased may be removed.
(b) Tree Retention Standards in the Shoreline Setback – The Director or designee may require
site plan alterations to retain trees in the shoreline setback according to FWRC 19.120.130(2),
Tree Unit Credits Table. Such alterations include minor adjustments to the location of building
footprints, adjustments to the location of driveways and access ways, or adjustment to the
location of walkways, easements, or utilities. The applicant shall be encouraged to retain viable
trees in other areas on site.
(c) The Director may require:
(i) A site plan showing the approximate location of existing trees, their size (diameter breast
height) and their species, along with the location of existing structures, driveways, access
ways, and easements, and the proposed improvements, or
(ii) An arborist report stating the size (DBH), species, and assessment of health of all existing
trees located within the shoreline setback. This requirement may be waived by the director or
Ordinance No. 19-_____ Page 42 of 71
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designee if it is determined that proposed development activity will not potentially impact
existing trees within the shoreline setback.
(d) The Director may approve an alternative replacement option if an applicant can demonstrate
that:
(i) It is not feasible to plant all of the required mitigation trees in the shoreline setback of the
subject property, given the existing tree canopy coverage and location of trees on the
property, the location of structures on the property, and minimum spacing requirements for
the trees to be planted, or
(ii) The required tree replacement will obstruct existing views to the regulated shorelines, at
the time of planting or upon future growth that cannot otherwise be mitigated through tree
placement or maintenance activities. The applicant shall be responsible for providing
sufficient information to the city to determine whether the tree replacement will obstruct
existing views to the regulated shorelines, or
(iii) The alternate replacement option is equal to or superior to the provisions of this section
in accomplishing the purpose and intent of maintaining shoreline ecological functions and
processes by replacing diseased, nuisance, or fallen trees at a ratio of 2:1, or
(iv) The alternative plan is consistent with the standards provided in this subsection, and the
director or designee approves the plan or imposes conditions to the extent necessary to make
the plan consistent with the provisions. If the alternative mitigation is denied, the applicant
shall be informed of the deficiencies that caused its disapproval so as to provide guidance for
its revision and re-submittal.
(3) Responsibility for Regular Maintenance. The applicant, landowner, or successors in interest shall
be responsible for the regular maintenance of vegetation required under this section. Plants that die
must be replaced in kind or with similar plants contained on the King County Native Plant List, or
other native or shoreline appropriate species approved by the director or designee.
(a) All required vegetation must be maintained throughout the life of the development.
(b) Plantings shall occur in the late fall or early spring to ensure a higher survival rate and shall
address the plant installation and maintenance requirements set forth in FWRC 19.120.220,
Revegetation and 19.120.240, Performance assurance. Performance and maintenance standards
of a minimum two-year maintenance bond may be required. Plant materials shall be identified
with both their scientific and common names. Any required irrigation system must also be
shown.
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Section 9. FWRC 15.05.080 is hereby amended to read as follows:
15.05.080 Shoreline residential environment.
(1) Purpose. The purpose of the “shoreline residential” environment is to accommodate residential
development and appurtenant structures that are consistent with this chapter. An additional purpose
is to provide appropriate public access and recreational uses.
(2) Designation criteria. Designation criteria for the shoreline residential environment are provided
in the city’s shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water-
dependent recreational uses, permitted shoreline modifications, and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less.
(i) This requirement may be modified if the view of any neighboring residences will not be
obstructed, if permitted by the applicable provisions of the underlying zoning, and if the
proposed development is water-related or water-dependent. For any proposed structure with a
height exceeding 35 feet, a view analysis shall be completed and approved by the city to
ensure that visual public access is not affected consistent with FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water retention, erosion
control, and sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of
property landward from the ordinary high water mark, or other designated minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This
minimum setback area shall be retained as a vegetation conservation area, subject to provisions
referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no more than 30 percent of the area
with existing native shoreline vegetation shall be cleared, and a minimum of 70 percent of
existing native trees shall be retained. See FWRC 15.05.075, Shoreline setback vegetation
conservation standards for submittal requirements. Trees determined by the city to be hazardous
or diseased may be removed. Additionally, the director may allow removal of vegetation
exceeding that described above where an applicant agrees to replacement plantings that are
Ordinance No. 19-_____ Page 44 of 71
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demonstrated to provide greater benefit to shoreline ecological processes than would be provided
by strict application of this section,
(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation requirements of FWRC
15.05.040(1).
(g) Collection facilities to control and separate contaminants shall be required where stormwater
runoff from impervious surfaces would degrade or add to the pollution of recipient waters of
adjacent properties.
(h) All development in the shoreline residential area must comply with applicable regulations
identified within the general development standards, shoreline modifications, and all other
applicable sections of this chapter.
(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within shoreline residential designated areas include
the following:
(i) Shoreline stabilization. Allowed within the shoreline residential designated areas under
the requirements imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within shoreline residential designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within shoreline residential designated areas under
the requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boating facilities – launching ramps, rails, and lift stations. Permitted with a conditional
use permit in parks and public access areas within the residential environment under the
requirements imposed by FWRC 15.05.040 and 15.05.050(3).
(v) Breakwaters. Floating breakwaters are allowed within the shoreline residential areas with
a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(4).
(vi) Dredging and filling. Allowed within shoreline residential designated areas with a
shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(5).
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(b) Prohibited modifications to the shoreline within shoreline residential designated areas include
the following:
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within shoreline residential designated areas include the following:
(i) Residential development. Single-family residential use shall be a priority use in the
shoreline environment. Single-family and multiple-family residential development, accessory
dwelling units, and home occupations may be permitted in the shoreline residential
environment subject to the following:
(A) The proposed use is permitted in the underlying zone classification.
(B) Residential development is prohibited waterward of the ordinary high water mark.
(C) Setbacks.
(I) Single-family residential development on marine shorelines shall maintain a
minimum shoreline setback of 50 feet from the ordinary high water mark. Single-
family residential development on lake and marine shorelines shall maintain a
minimum setback behind the stringline setback or 50 feet from the ordinary high
water mark, whichever is greater. If the site contains one or more designated critical
areas, the setback shall be the minimum necessary to protect such designated critical
areas per FWRC 15.05.040(4), or the stringline setback, or 50 feet from the ordinary
high water mark, whichever is greater. Where critical area setbacks do not apply, the
standard 50-foot minimum setback may be modified pursuant to the following
exception:
(a) If single-family residential development is proposed on a lot where properties on
at least one side of the lot are developed in single-family residences located less than
50 feet from the ordinary high water mark, then the proposed residential development
may be located the same distance from the ordinary high water mark as the adjacent
residences (using the stringline setback method as defined in FWRC 15.05.030), but
shall in no case be closer than 30 feet from the ordinary high water mark.
(II) Multifamily residential development on marine shorelines shall maintain a
minimum setback of 75 feet from the ordinary high water mark. Multifamily
residential development on lake shorelines shall maintain a minimum setback behind
the stringline setback or 75 feet from the ordinary high water mark, whichever is
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greater. If the site contains one or more designated critical areas, the setback shall be
the minimum necessary to protect such designated critical areas per FWRC
15.05.040(4), or the stringline setback, or 75 feet from the ordinary high water mark,
whichever is greater. Where critical area setbacks do not apply, the standard 75-foot
minimum setback may be modified pursuant to the following exception:
(a) If multifamily residential development is proposed on a lot where properties on at
least one side of the lot are developed in multifamily residential uses located less than
75 feet from the ordinary high water mark, then the proposed residential development
may be located the same distance from the ordinary high water mark as the adjacent
residential uses (using the stringline setback method as defined in FWRC 15.05.030)
but shall be no closer than 50 feet from the ordinary high water mark.
(D) Public access. In review of all shoreline permits or developments of more than four
residential lots or dwelling units, or subdivision of land into more than four lots,
consideration of public access shall be required consistent with FWRC 15.05.040(7).
(E) Where allowed consistent with underlying zoning, subdivision of land shall be
configured through the orientation of lots to:
(I) Prevent the loss of ecological functions at full build-out by providing adequate
developable space outside of setbacks; and
(II) Avoid the need for new shoreline stabilization and flood hazard reduction
measures.
(ii) Accessory structures. Residential accessory structures may be placed within the required
shoreline setback, provided:
(A) No accessory structure shall cover more than 150 square feet.
(B) No more than 300 square feet of accessory structures shall be allowed.
(C) No accessory structure shall exceed eight feet in height.
(D) Existing native shoreline vegetation within the shoreline setback is conserved as per
general requirements in subsections (3)(d) and (e) of this section.
(iii) Recreational development. Recreational development may be permitted in the shoreline
residential environment subject to the general requirements of this chapter, provided:
(A) The recreational development is permitted in the underlying zone.
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(B) The facilities are located, designed, and operated in a manner consistent with the
purpose of the residential environment.
(C) Recreational development that provides public access to and use of the water shall be
given priority.
(D) Recreational development shall provide mitigation consistent with the general
requirements of this chapter and shall lead to no net loss of ecological functions.
(E) Swimming areas shall be separated from boat launch areas.
(F) Boat launching facilities may be developed, subject to a shoreline conditional use
permit, provided:
(I) The parking and traffic generated by such a facility can be safely and conveniently
handled by the streets and areas serving the proposed facility.
(II) The facility will not be located on a beach area or cause net loss in shoreline
function.
(G) Upland facilities constructed in conjunction with a recreational development shall be
set back and/or sited to avoid adverse impacts to the functions of the shorelines of the
city.
(H) Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies.
Such trails and pathways must be made of pervious materials, if feasible.
(I) Public contact with unique and fragile areas shall be permitted where it is possible
without destroying the natural character of the area.
(J) Water viewing, nature study, recording, and viewing shall be accommodated by space,
platforms, benches, or shelter consistent with public safety and security.
(iv) Utilities. Utility facilities, with the exception of cellular towers, solid waste transfer
stations, and production and processing facilities, may be permitted in the shoreline
residential environment subject to the requirements of this chapter, provided:
(A) No other practicable alternative location outside of the shoreline jurisdiction with
less impact to the environment is available for the facility.
(B) Utility and transmission facilities shall:
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(I) Avoid disturbance of unique and fragile areas.
(II) Avoid disturbance of wildlife spawning, nesting, and rearing areas.
(III) Conserve native shoreline vegetation, particularly forested areas, to the
maximum extent possible.
(IV) Avoid Ooverhead utility facilities shall not be permitted in public parks,
monuments, scenic, recreation, or historic areas.
(V) Minimize visual impact.
(VI) Harmonize with or enhance the surroundings.
(VII) Not create a need for shoreline protection.
(VIII) Utilize to the greatest extent possible natural screening.
(IX) Mitigate for unavoidable impacts to achieve no net loss of shoreline ecological
functions.
(X) Be located in existing utility and transportation rights-of-way whenever feasible.
(C) The construction and maintenance of utility facilities shall be done in such a way so
as to:
(I) Maximize the preservation of natural beauty and the conservation of resources.
(II) Minimize scarring of the landscape.
(III) Minimize siltation and erosion.
(IV) Protect trees, shrubs, grasses, natural features, and topsoil.
(V) Avoid disruption of critical aquatic and wildlife stages.
(D) Rehabilitation of areas disturbed by the construction and/or maintenance of utility
facilities shall:
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(I) Be accomplished as rapidly as possible to minimize soil erosion and to maintain
plant and wildlife habitats.
(II) Utilize native trees and shrubs.
(E) Solid Waste transfer stations are prohibited within shoreline jurisdiction.
(F) Cellular or wireless towers are prohibited within shoreline jurisdiction.
(v) Transportation and parking facilities. Transportation and parking, except parking
facilities associated with detached single-family development, shall conform to the following
minimum requirements:
(A) Transportation corridors shall be developed consistent with the transportation
element of the Federal Way comprehensive plan (FWCP) and designed to provide the
best service with the least possible impact on shoreline ecological function. Impacts to
functions shall be mitigated to achieve no net loss of ecological functions.
(B) New road construction shall be the minimum necessary to serve a permitted shoreline
use.
(C) New public transportation facilities shall provide turnout areas for scenic stops where
feasible.
(D) Parking facilities serving individual buildings on the shoreline shall be located
landward from the principal building being served, except when the parking facility is
within or beneath the structure and adequately screened, or in cases when an alternate
location would have less environmental impact on the shoreline.
(E) New surface transportation facilities not related to and necessary for the support of
shoreline activities shall be located outside the shoreline jurisdiction if possible, or set
back from the ordinary high water mark far enough to make protective measures such as
riprap or other bank stabilization, landfill, or substantial site regrade unnecessary.
(F) Maintenance, repair, replacement, or other roadway improvements (including but not
limited to widening to serve existing or projected volumes, installation of curb and
gutter, sidewalks, illumination, signals) to existing surface transportation facilities shall
be allowed within shoreline residential designated areas. Improvements that create a need
for protective measures such as riprap or other bank stabilization, landfill, or substantial
site regrade shall not be permitted unless no alternative exists and impacts to shoreline
ecological functions are mitigated.
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(G) Any new development or expansion of existing development creating greater than six
total parking stalls must meet the water quality standards required by the King County
surface water manual for “high use” sites and “resource stream protection.”
(H) Outdoor parking area perimeter, excluding entrances and exits, must be maintained
as a planting area with a minimum width of five feet.
(I) One live tree with a minimum height of four feet shall be required for each 30
linear feet of planting area.
(II) One live shrub of one-gallon container size, or larger, for each 60 linear inches of
planting area shall be required.
(III) Additional perimeter and interior landscaping of parking areas may be required,
at the discretion of the director, when it is necessary to screen parking areas or when
large parking areas are proposed.
(I) Parking as a primary use in shoreline jurisdiction shall be prohibited.
(J) Parking in the shoreline jurisdiction shall directly serve a permitted shoreline use and
environmental and visual impacts shall be minimized.
(K) Transportation and parking facilities for subdivision, multifamily residential, and
commercial uses shall incorporate low impact development (LID) designs to minimize
stormwater runoff.
(L) Transportation facilities shall not adversely impact existing or planned water-
dependent uses.
(b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3), the
following uses are prohibited uses within shoreline residential designated areas:
(i) Office and commercial development.
Section 10. FWRC 15.05.090 is hereby amended to read as follows:
15.05.090 Urban conservancy environment.
(1) Purpose. The purpose of the “urban conservancy” environment is to protect and restore
ecological functions of open space, floodplain, and other sensitive lands where they exist in urban
and developed settings, while allowing a variety of compatible uses. Priority should be given to
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water-oriented uses over non-water-oriented uses in the urban conservancy environment. Residential
development and appurtenant structures should be accommodated in the urban conservancy
environment when consistent with existing land use and zoning, and when consistent with this
chapter. An additional purpose is to provide appropriate public access and recreational uses.
(2) Designation criteria. Designation criteria for the urban conservancy environment are provided in
the city’s shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water-
dependent recreational uses, permitted shoreline modifications, and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less. This requirement may be modified if the view of any
neighboring residences will not be obstructed, if permitted by the applicable provisions of the
underlying zoning, and if the proposed development is water-related or water-dependent. For any
proposed structure with a height exceeding 35 feet, a view analysis shall be completed and
approved by the city to ensure that visual public access is not affected consistent with FWRC
15.05.040(7).
(c) All development shall be required to provide adequate surface water retention and
sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of
property landward from the ordinary high water mark or other designated minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This
minimum setback area shall be retained as a vegetation conservation area, subject to provisions
referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no more than 15 percent of the area
with existing native shoreline vegetation shall be cleared, and a minimum of 80 percent of
existing native trees shall be retained. See FWRC 15.05.075, Shoreline setback vegetation
conservation standards for submittal requirements. Trees determined by the city to be hazardous
or diseased may be removed. Additionally, the director may allow removal of vegetation
exceeding that described above where an applicant agrees to replacement plantings that are
demonstrated to provide greater benefit to shoreline ecological processes than would be provided
by strict application of this section.
(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation requirements of FWRC
15.05.040(1).
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(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within urban conservancy designated areas include the
following:
(i) Shoreline stabilization. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boating facilities – launching ramps, rails, and lift stations. Permitted with a shoreline
conditional use permit in parks and public access areas within the urban conservancy
environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3).
(v) Breakwaters. Floating breakwaters are allowed within the urban conservancy designated
areas with a shoreline conditional use permit under the requirements imposed by FWRC
15.05.040 and 15.05.050(4).
(vi) Dredging and filling. Allowed within urban conservancy designated areas with a
shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(5).
(b) Prohibited modifications to the shoreline within urban conservancy designated areas include
the following:
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within urban conservancy designated areas include the following:
(i) Residential development. Allowed within urban conservancy designated areas under the
requirements imposed within FWRC 15.05.080(5)(a)(i), with the following additional
restrictions:
(A) Setbacks. Residential development on marine shorelines shall maintain a minimum
setback of 50 feet from the ordinary high water mark, or other established minimum
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setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever
is greater. Residential development on lake shorelines shall maintain a setback behind the
stringline setback, or 50 feet from the ordinary high water mark, or other established
minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4),
whichever is greater. Exceptions to minimum setback requirements included in FWRC
15.05.080(5)(a)(i)(C), for both single-family and multifamily development, shall apply.
(B) Accessory structures. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.080(5)(a)(ii).
(ii) Recreational development. Recreational development may be permitted in the urban
conservancy environment subject to the general requirements of this chapter and under the
requirements imposed by FWRC 15.05.080(5)(a)(iii).
(iii) Utilities. Allowed within urban conservancy designated areas under the requirements and
restrictions imposed by FWRC 15.05.080(5)(a)(iv).
(iv) Transportation and parking facilities. Allowed within urban conservancy designated
areas under the requirements imposed by FWRC 15.05.080(5)(a)(v).
(v) Office and commercial development. Office and commercial development may be
allowed with conditional use approval in the urban conservancy environment subject to the
requirements of this chapter, provided:
(A) The office or commercial use or activity is permitted in the underlying zoning
classification.
(B) Public access is provided consistent with the requirements of FWRC 15.05.040(7).
(C) Non-water-oriented office and commercial uses are prohibited uses unless they meet
one or more of the following criteria:
(I) The use is part of a mixed-use project that includes water-dependent uses and
provides a significant public benefit such as providing public access and/or
ecological restoration; or navigability is severely limited at the proposed site.
(II) In areas designated for commercial use, non-water-oriented commercial
development may be allowed if the site is physically separated from the shoreline by
another property or public right-of-way.
(III) Office and commercial development will not result in a net loss of shoreline
ecological functions or have significant adverse impact to other shoreline uses,
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resources, and values provided for in RCW 90.58.020 such as navigation, recreation,
and public access.
(D) Office and commercial development on marine shorelines shall maintain a setback of
75 feet from the ordinary high water mark, or other established minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is
greater. Office and commercial development on lake shorelines shall maintain a setback
behind the stringline setback, or 75 feet from the ordinary high water mark, or other
established minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is greater. The minimum setback may be reduced using the
stringline method, when applicable, but in no case shall the minimum setback be less
than 50 feet from the ordinary high water mark.
(E) Piers, docks, moorages, buoys, floats, and launching facilities will not be permitted in
conjunction with office or commercial development; unless they are developed as part of
on-site public access to the shoreline.
(F) Additional water quality standard must be met as per FWRC 15.05.040(3).
Section 11. FWRC 15.05.100 is hereby amended to read as follows:
15.05.100 Natural environment.
(1) Purpose. The purpose of the “natural environment” is to protect those shoreline areas that are
relatively free of human influence, or that include intact or minimally degraded shoreline functions
intolerant of human use. These systems require that only very low intensity uses be allowed in order
to maintain ecological functions and ecosystem-wide processes. Consistent with the policies of the
designation, the city shall plan for restoration of degraded shorelines within this environment.
(2) Designation criteria. Designation criteria for the natural environment are provided in the city’s
shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water-
dependent recreational uses and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less. This requirement may be modified if the view of any
neighboring residences will not be obstructed, if permitted by the applicable provisions of the
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underlying zoning, and if the proposed development is water-related or water-dependent. For any
proposed structure with a height exceeding 35 feet, a view analysis shall be completed and
approved by the city to ensure that visual public access is not affected consistent with FWRC
15.05.040(7).
(c) All development shall be required to provide adequate surface water retention and
sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 100 feet of
property landward from the ordinary high water mark, or other established minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is the greater
setback, as a vegetation conservation area subject to provisions referenced in subsection (3)(e) of
this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no native shoreline vegetation shall
be cleared, and all existing native trees shall be retained. See FWRC 15.05.075, Shoreline
setback vegetation conservation standards for submittal requirements. Trees determined by the
city to be hazardous or diseased may be removed. Additionally, the director may allow removal
of vegetation exceeding that described above where an applicant agrees to replacement plantings
that are demonstrated to provide greater benefit to shoreline ecological processes than would be
provided by strict application of this section,
(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation requirements of FWRC
15.05.040(1).
(4) Shoreline modifications. The following shoreline modifications are prohibited within the natural
designated shoreline areas:
(a) Shoreline stabilization;
(b) Piers, docks, moorages, buoys, and floats;
(c) Boating facilities – launching ramp, rails, and lift stations;
(d) Breakwaters, jetties, and groins; and
(e) Dredging and filling.
(5) Shoreline uses.
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(a) Allowed uses within natural designated areas include:
(i) Residential development. Multifamily residential uses are prohibited in the natural
environment. Single-family residential development and residential accessory structures may
be permitted in the natural environment with a shoreline conditional use permit with the
following additional restrictions:
(A) Allowed only where single-family residential development is permitted in the
underlying zone classification.
(B) Single-family residential development is prohibited waterward of the ordinary high
water mark.
(ii) Recreational development. Allowed within the natural designated areas subject to the
limitations of subsection (4) of this section and provided:
(A) The recreational development is permitted in the underlying zone.
(B) Non-water-oriented recreational uses and development are prohibited within the
natural designated areas.
(C) The recreational development is located, designed, and operated in a manner
consistent with the purpose of the natural environment with a focus on passive recreation.
(D) Recreational development shall provide mitigation consistent with the general
requirements of this chapter and shall lead to no net loss of shoreline ecological
functions.
(E) The parking and traffic generated by such a facility can be safely and conveniently
handled by the streets and areas serving the proposed development.
(F) Upland facilities constructed in conjunction with a recreational development shall be
set back and/or sited to avoid adverse impacts to the functions of the shorelines of the
city.
(G) Public pedestrian and bicycle pathways shall be made of pervious materials.
(iii) Utilities.Allowed within the natural designated areas with a shoreline conditional use
permit under the requirements and restrictions imposed within FWRC 15.05.080(5)(a)(iv).
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(iv) Transportation and parking facilities. Allowed in the natural environment only when
necessary to serve an allowed use and subject to the approval of a conditional use permit.
Approved facilities must, at a minimum, meet the requirements and restrictions imposed
within FWRC 15.05.080(5)(a)(v).
(v) Low intensity public uses. Low intensity public uses including scientific, historical,
cultural, and educational research uses are allowed under the general requirements for the
natural environment (subsection (3) of this section); and provided, that ecological impacts are
avoided.
(b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3), the
following uses are prohibited uses within natural designated areas:
(i) Boating facilities;
(ii) Multifamily residential development;
(iii) Office and commercial development.
Section 12. FWRC 15.05.110 is hereby amended to read as follows:
Article III. Administrative Procedures
15.05.110 Shoreline management permit and enforcement procedures, adoption by reference.
The city of Federal Way hereby adopts by reference the following sections or subsections of Chapter
173-27, as amended, of the Washington Administrative Code (“WAC”), entitled Shoreline Management
Permit and Enforcement Procedures.
WAC:
(1) 173-27-020, Purpose.
(2) 173-27-040, Developments exempt from substantial development permit requirement.
(3) 173-27-044, Developments not required to obtain shoreline permits or local reviews.
(4) 173-27-125, 90-day review target for WSDOT projects.
(35) 173-27-130, Filing with department.
(46) 173-27-270, Order to cease and desist.
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(57) 173-27-280, Civil penalty.
(68) 173-27-290, Appeal of civil penalty.
(79) 173-27-300, Criminal penalty.
Section 13. FWRC 15.05.120 is hereby amended to read as follows:
15.05.120 Permit processing and public notice.
An application for a shoreline development permit shall be made to the department of community
development on forms prescribed by the department. Public notice shall be provided as follows:
(1) An application for a substantial development permit requires public notice as prescribed in
Process III, Chapter 19.65 FWRC.
(2) An application for a shoreline conditional use permit or shoreline variance requires public notice
as prescribed in Process IV, Chapter 19.70 FWRC.
(3) The application for shoreline exemption, substantial development permit, conditional use permit,
and/or variance permit applies to the most current SMP, effective 14 calendar days after Ecology’s
approval letter.
Section 14. FWRC 15.05.140 is hereby amended to read as follows:
15.05.140 Application requirements.
Complete application. A complete application for a substantial development, shoreline conditional
use, or shoreline variance permit shall contain, as a minimum, the following information:
(1) The name, address, and phone number of the applicant. The applicant should be the owner of the
property or the primary proponent of the project and not the representative of the owner or primary
proponent.
(2) The name, address, and phone number of the applicant’s representative if other than the
applicant.
(3) The name, address, and phone number of the property owner, if other than the applicant.
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(4) Location of the property. This shall, at a minimum, include the property address, parcel number,
and identification of the section, township, and range to the nearest quarter, quarter section, or
latitude and longitude to the nearest minute. All applications for projects located in open water areas
away from land shall provide a longitude and latitude location.
(5) Identification of the name of the shoreline (water body) that the site of the proposal is associated
with. This should be the water body from which jurisdiction of the Act over the project is derived.
(6) A general description of the proposed project that includes the proposed use or uses and the
activities necessary to accomplish the project.
(7) A general description of the property as it now exists, including its physical characteristics and
improvements and structures.
(8) A general description of the vicinity of the proposed project, including identification of the
adjacent uses, structures, and improvements, intensity of development, and physical characteristics.
(9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate
scale to depict clearly all required information, photographs, and text, which shall include:
(a) The boundary of the parcel(s) of land upon which the development is proposed.
(b) The ordinary high water mark of all water bodies located adjacent to or within the boundary
of the project. This may be an approximate location; provided, that for any development where a
determination of consistency with the applicable regulations requires a precise location of the
ordinary high water mark, the mark shall be located precisely and the biological and hydrological
basis for the location as indicated on the plans shall be included in the development plan. Where
the ordinary high water mark is neither adjacent to nor within the boundary of the project, the
plan shall indicate the distance and direction to the nearest ordinary high water mark of a
shoreline.
(c) Existing and proposed land contours. The contours shall be at intervals sufficient to
accurately determine the existing character of the property and the extent of proposed change to
the land that is necessary for the development. Areas within the boundary that will not be altered
by the development may be indicated as such and contours approximated for that area.
(d) A delineation of all wetland areas that will be altered or used as a part of the development.
(e) A general indication of the character of vegetation found on the site.
(f) The dimensions and locations of all existing and proposed structures and improvements
including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and
drainfields, material stockpiles or surcharge, and stormwater management facilities.
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(g) Where applicable, a landscaping plan for the project.
(h) Where applicable, plans for development of areas on- or off-site as mitigation for impacts
associated with the proposed project shall be included and contain information consistent with
the requirements of this section.
(i) Quantity, source, and composition of any fill material that is placed on the site whether
temporary or permanent.
(j) Quantity, composition, and destination of any excavated or dredged material.
(k) A vicinity map showing the relationship of the property and proposed development or use to
roads, utilities, existing developments, and uses on adjacent properties.
(l) Where applicable, a depiction of the impacts to views from existing residential uses and
public areas.
(m) On all variance applications the plans shall clearly indicate where development could occur
without approval of a variance, the physical features and circumstances on the property that
provide a basis for the request, and the location of adjacent structures and uses.
(n) Summary of how the proposal meets relevant decisional criteria.
(o) Additional information as requested by the city.
(10) Where applicable, a shoreline assessment and mitigation report prepared by a qualified
professional which, at a minimum, includes the following:
(a) Site plan and cross-sections of development and critical areas and critical salmonid habitat
identified.
(b) A detailed description of proposed development.
(c) Identification of any species of local importance, priority species, or endangered, threatened,
or sensitive species that have documented or observed habitat on or adjacent to the project area.
(d) An assessment of potential impacts the proposal may have on fish and wildlife species,
critical areas, and critical salmonid habitats.
(e) A discussion of any federal, state, or local management recommendations, including
Washington Department of Fish and Wildlife habitat management recommendations, that have
been developed for species or habitats located on or adjacent to project area. See FWRC
19.142.060 for floodplain development permit requirements.
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(f) A discussion of mitigation measures that have been implemented to avoid and minimize
adverse impacts to fish and wildlife species and habitats, critical areas, and critical salmonid
habitat. The mitigation must also include a mitigation plan showing the area of mitigation and
detailed mitigation measures, such as habitat features and planting of native vegetation.
Section 15. FWRC 15.05.150 is hereby amended to read as follows:
15.05.150 Shoreline substantial development permit.
(1) The purpose of a substantial development permit is to provide an approval process for any
development with a total cost or fair market value exceeding $5,718 the dollar figure set in RCW
90.58.030(3)(e), or any development which materially interferes with the normal public use of the
water or shorelines of the state, except those exempted developments set forth in the preceding
section, consistent with WAC 173-27-040. The substantial development dollar threshold on the
adoption date of this program is $5,718. Under current law, the substantial development dollar
threshold will be recalculated every five years by the Washington State Office of Financial
Management (OFM). OFM posts updated dollar thresholds in the Washington State Register.
(2) When a substantial development permit is requested, the permit shall be reviewed under the
provisions of Process III, Chapter 19.65 FWRC, and the director of community development shall be
the final approval authority for the city of Federal Way.
(3) A substantial development permit shall be granted by the director only when the development
proposed is consistent with the following:
(a) Goals, objectives, policies, and use regulations of the Federal Way shoreline master program;
(b) Federal Way comprehensive plan and city code; and
(c) The policies, guidelines, and regulations of the Shoreline Management Act (Chapter 90.58
RCW and Chapters 173-26 and 173-27 WAC).
(4) The director may attach conditions to the approval of permits as necessary to assure consistency
of the proposal with the above criteria.
Section 16. FWRC 15.05.180 is hereby amended to read as follows:
15.05.180 Final approval of shoreline permits.
(1) The director of community development shall notify and forward to the following agencies or
persons within five days of the final approval of a shoreline permit and any shoreline variances or
conditional uses granted:
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(a) The applicant;
(b) The state Department of Ecology;
(c) Any person who has submitted written comments on the application; and
(d) Any person who has requested notification in writing prior to final approval of the permit.
(2) No work may commence on a site requiring a shoreline substantial development, shoreline
variance, or shoreline conditional use permit until 21 calendar days following the “date of filing” or
until all review proceedings before the shoreline hearings board have terminated.
(a) “Date of filing” for a substantial development permit is the date of actual receipt of the
decision by the Department of Ecology.
(b) “Date of filing” for a shoreline variance or shoreline conditional use permit shall mean the
date the permit decision rendered by the Department of Ecology is transmitted by the department
to the city and the applicant/proponent.
Section 17. FWRC 15.05.220 is hereby amended to read as follows:
15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development.
(1) Applications for substantial development or building permits to modify a nonconforming use or
development, as defined in this chapter, may be approved only if:
(a) The modifications will make the use or development less nonconforming; or
(b) The modifications will not make the use or development more nonconforming; and
(c) Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers, or yards; area; bulk; height; or density may be
maintained and repaired and may be enlarged or expanded; provided, that said enlargement does
not increase the extent of nonconformity by further encroaching upon or extending into areas
where construction or use would not be allowed for new development or uses.
(d) Minor repairs to non-conforming structures under the monetary threshold listed in FWRC
15.05.150 (RCW 90.58.030[3][e]) can apply for a shoreline exemption.
(2) An existing use or development, not conforming to existing regulations, which is destroyed may
be replaced (per “replacement structure” as defined in this chapter) as it existed prior to destruction,
provided application for required permits is made within one year of destruction.
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(3) If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any
two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.
(4) An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high
water mark which was established in accordance with local and state subdivision requirements prior
to the effective date of the Act or the Federal Way shoreline master program, but which does not
conform to the present lot size standards, may be developed if permitted by other land use
regulations of the FWRC and so long as such development conforms to all other requirements of the
Federal Way shoreline master program and the Act.
(5) An existing mechanical improvement, not conforming to existing regulations, which breaks and
cannot be repaired may be replaced, provided the replacement is no more nonconforming and
application for required permits is made within one year of failure.
(6) Existing, legally established residential structures, not including bulkheads, that do not meet
current dimensional or bulk standards, but are otherwise conforming, are classified as conforming.
Redevelopment, expansion, and replacement is allowed so long as it is consistent with Chapter
15.05, Shoreline Management.
Section 18. FWRC 15.05.240 is hereby amended to read as follows:
15.05.240 Amendments to this chapter.
Amendments to this chapter shall be pursuant to state review and approval as per WAC 1763-26-110
and 1763-26-120.
Section 19. FWRC Chapter 15.10 is hereby repealed in its entirety.
Section 20. FWRC 19.145.070 is hereby amended to read as follows:
19.145.070 Maps and inventories.
(1) Critical areas maps and inventories generally designate the location of critical areas within the
city and are adopted by reference.
(2) Area-wide inventories and documents identifying critical areas may not identify all critical areas
designated under this chapter. The provisions of this chapter will apply to all designated critical areas
located within the city, including those critical areas not identified on a map or inventory. Whenever
there is evidence of a critical area located within or in proximity to a nonexempt action, the director
may require a critical area report to determine the extent to which such critical area may exist.
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(3) Critical area maps and inventories are to be used for planning level purposes only and the actual
presence/absence, type, extent, and boundaries of critical areas shall be identified in the field by a
qualified professional according to the procedures and criteria established in this chapter. In the event
of any conflict between the critical area location and designation shown on the city’s map and the
criteria or standards of this chapter, the criteria and standards shall prevail.
(4) The following maps and inventories, as amended, are used for identifying possible critical areas
and their buffers:
(a) Federal Way critical areas map;
(b) Lakehaven Utility District capture zone Washington State Department of Health Source
Water map;
(c) Federal Way final wetland inventory report prepared by Sheldon and Associates, Inc., July 19,
1999;
(d) Preliminary stream inventory, Federal Way gap analysis, November 29, 2001;
(e) Washington State Department of Fish and Wildlife priority habitat and species maps; and
(f) Additional state and federal maps and inventories may be used if necessary.
Section 21. FWRC 19.145.420 is hereby amended to read as follows:
19.145.420 Wetland rating and buffers.
(1) Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland
rating system, as set forth in the Washington State Wetland Rating System for Western Washington
– 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology), which
contains the definitions and methods for determining whether the criteria below are met:
(a) Category I wetlands represent a unique or rare wetland type; are more sensitive to disturbance
than most wetlands; are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or provide a high level of function. The following
types of wetlands are Category I:
(i) Wetlands of high conservation value that are identified by scientists of the Washington
Natural Heritage Program/Department of Natural Resources;
(ii) Bogs;
(iii) Wetlands with mature and old growth forests larger than one acre; and
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(iv) Wetlands that perform functions at high levels (wetlands that score 23 points or more
based on functions).
(b) Category II wetlands are difficult, though not impossible, to replace, and provide high levels
of some functions. Category II wetlands are those wetlands that score between 20 and 22 points
based on functions.
(c) Category III wetlands are wetlands with a moderate level of functions that score between 16
and 19 points based on functions.
(d) Category IV wetlands are wetlands with the lowest level of functions (scoring less than 16
points based on functions) and are often heavily disturbed.
(2) Wetland buffers shall be measured perpendicular from the wetland boundary as delineated and
marked in the field. Buffer widths are established as follows in Table 1:
Wetland Category
Minimum Buffer
Width (wetland
scores 3 – 4 habitat
points)
Buffer Width
(wetland scores
5 habitat
points)
Buffer Width
(wetland scores
6 – 7 habitat
points)
Buffer Width
(wetland scores
8 – 9 habitat
points)
Category I:
Bogs and wetlands of high conservation
value
190 feet 190 feet 190 feet 225 feet
Category I:
Forested and based on function score
75 feet 105 feet 165 feet 225 feet
Category II 75 feet 105 feet 165 feet 225 feet
Category III 60 feet 105 feet 165 feet 225 feet
Category IV 40 feet 40 feet 40 feet 40 feet
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Table1
Wetland Category
Buffer Width
(wetland scores 3-5
habitat points)
Buffer Width
(wetland scores 6 –
7 habitat points)
Buffer Width
(wetland scores 8 – 9
habitat points)
Category I:
Bogs and wetlands of high conservation value
250 feet 250 feet 300 feet
Category I:
Forested and based on function score
100 feet 150 feet 300 feet
Category II 100 feet 150 feet 300 feet
Category III 80 feet 150 feet 300 feet
Category IV 50 feet 50 feet 50 feet
(3) No wetland buffer is required for those isolated wetlands 1,000 square feet or less in total area.
(4) All compensatory mitigation sites shall have buffers consistent with the buffer requirements of
this section. Buffers shall be based on the expected or target category of the proposed wetland
mitigation site.
(5) Lighting shall be directed away from wetland buffers unless otherwise determined by the director.
(6) All lots approved in a recorded subdivision or binding site plan that contain wetlands and their
associated buffer in a native growth protection easement or tract may be improved pursuant to
easement or tract boundaries established in the plat regardless of subsequent regulatory buffer
increases or natural migration.
(7) All wetland and wetland buffer boundaries shown on an approved use process decision and/or
building permit shall be honored regardless of subsequent regulatory buffer increases or natural
migration.
Section 22. FWRC 19.145.440 is hereby amended to read as follows:
19.145.440 Development within wetland buffers.
(1) Generally. Except as allowed in this section, no development or improvement may be located
within a wetland buffer.
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(2) Trails. The director may provide written approval for passive pedestrian recreation facilities
designed in accordance with an approved critical area report and the following standards:
(a) Trails are composed of pervious surfaces no more than five feet in width. Raised boardwalks
and wildlife viewing structures composed of non-treated pilings may also be considered;
(b) Trails are generally located parallel to the perimeter of the wetland and within the outer 25
percent of the buffer; and
(c) Trails shall avoid the removal of mature trees.
(3) Stormwater management facilities. The director may provide written approval for stormwater
management facilities limited to stormwater dispersion outfalls and bioswales within the outer 25
percent of the buffer of category III and IV wetlands if the location of such facilities will not degrade
the functions or values of the wetland.
(4) Permanently altered buffer. The director may provide written approval for a buffer reduction
when existing conditions are such that portions of the required buffer exist in a permanently altered
state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer
function. The buffer may be reduced up to the area where the altered conditions exist.
(5) Buffer averaging. The city will review and decide upon buffer averaging using process III in
Chapter 19.65 FWRC, based on the following criteria that shall be added to the critical areas report:
(a) The total area of the buffer after averaging is equal to the area required without averaging;
(b) The buffer is increased adjacent to the higher functioning area of habitat or more sensitive
portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion;
(c) The buffer at its narrowest point is not reduced to less than 75 percent of the required width;
and
(d) Unless authorized in writing by a consenting neighboring property owner, the averaging will
remain on the subject property.
(6) Buffer reduction with enhancement. Buffers may be reduced by up to 25 percent on a case-by-
case basis if the project includes a buffer enhancement plan that clearly substantiates that an
enhanced buffer will improve and provide additional protection of wetland functions and values.
Buffer reductions may not be used in combination with buffer averaging. The city will review and
decide upon buffer reductions using process III in Chapter 19.65 FWRC, based on the following
criteria:
(a) It will not adversely affect water quality;
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(b) It will not adversely affect the existing quality of the wetland or buffer wildlife habitat;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards;
(e) It will not be materially detrimental to any other property or the city as a whole; and
(f) All exposed areas are stabilized with native vegetation, as appropriate.
A buffer enhancement plan, prepared by a qualified professional, shall be incorporated into the
critical area report. The plan shall assess the habitat, water quality, stormwater retention,
groundwater recharge, and erosion protection functions of the existing buffer; assess the effects of
the proposed modification on those functions; and address the six approval criteria of this section.
(7) Buffer increases. The director shall require increased buffer widths, on a case-by-case basis,
when a larger buffer is necessary to protect functions, values or hazards based on site-specific
conditions. This determination shall be supported by appropriate documentation showing that
additional buffer width is reasonably related to protection of the functions and values of the wetland,
and/or protection of public health, safety and welfare. Such determination shall be attached as permit
conditions. The determination must include but not be limited to the following criteria:
(a) The wetland contains habitat for species listed as threatened, endangered, candidate, sensitive,
monitored, or documented priority species or habitats by state or federal agencies, and additional
buffer is necessary to maintain viable functional habitat;
(b) The adjacent land is susceptible to severe erosion, and erosion control measures will not
effectively prevent adverse wetland impacts; or
(c) The adjacent land has minimal vegetative cover or slopes greater than 30 percent.
Section 23. FWRC 19.145.460 is hereby amended to read as follows:
19.145.460 Classification of capture zones.
As required by WAC 365-196-485(1)(d) (Critical Areas), the city shall protect the quality and
quantity of ground water used for public water supplies.
The Lakehaven Utility District (“LUD”) has designated four capture zones based on proximity to and
travel time of groundwater to the city’s public water source wells Group A and Group B public water
supplies.
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(1) Six-month capture zone represents the land area overlaying the six-month time-of-travel zone of
any public water source well owned by LUD.
(2) One-year capture zone represents the land area overlaying the one-year time-of-travel zone of any
public water source well owned by LUD, excluding the land area contained in the six-month capture
zone.
(3) Five-year capture zone represents the land area overlaying the five-year time-of-travel zone of
any public water source well owned by LUD, excluding the land area contained in the six-month and
one-year capture zones.
(4) Ten-year capture zone represents the land area overlaying the 10-year time-of-travel zone of any
public water source well owned by LUD, excluding the land area contained in the six-month, one-
year, and five-year capture zones.
Section 24. FWRC 19.145.520 is hereby amended to read as follows:
Article VI. Frequently Flooded Areas
19.145.520 Frequently flooded areas.
(1) Frequently flooded areas include all areas of special flood hazard as mapped within the city, and
other areas that could be threatened by flooding. The areas of special flood hazard are identified by
the Federal Emergency Management Agency in a scientific and engineering report entitled “The
Flood Insurance Study for Federal Way,” dated May 16, 1995, and any revisions thereto, with an
accompanying flood insurance rate map, and any revisions thereto. Based on the landscape of the
city, frequently flooded areas occur only along the Puget Sound shoreline and are within the
jurisdiction of the shoreline master program, Chapter 15.05 FWRC, Shoreline Management.
(2) Development in frequently flooded areas shall be subject to the provisions in FWRC Title 15
Chapter 19.142 Flood Damage Prevention.
Section 25. Amendment Authority. The adoption of the SMP, and FWRC amendments are
pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter
19.80 FWRC.
Section 26. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
Ordinance No. 19-_____ Page 70 of 71
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the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 27. Savings Clause. The existing Title 15 FWRC Shoreline Management and
Chapter 19.145 Environmentally Critical Areas shall remain in full force and effect until these
amendments become operative upon the effective date of this ordinance.
Section 28. Corrections. The City Clerk and codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 29. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 30. Effective Date. This ordinance shall take effect and be in force fourteen (14)
days after Ecology’s final action approving the SMP Update, as provided by law.
PASSED by the City Council of the City of Federal Way this 2nd day of July, 2019.
[signatures to follow]
Ordinance No. 19-_____ Page 71 of 71
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CITY OF FEDERAL WAY:
________________________________
JIM FERRELL, MAYOR
ATTEST:
________________________________________
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
__________________________________________
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
