MC Comments Chapter 15.05 SMPFederal Way Revised Code
Title 15 SHORELINE MANAGEMENT
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The Federal Way Revised Code is current through Ordinance 18-852, passed June 5, 2018.
Title 15
SHORELINE MANAGEMENT
Chapters:
15.05 Shoreline Management
15.10 Critical Areas
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Chapter 15.05
SHORELINE MANAGEMENT
Sections:
Article I. Generally
15.05.010 Purpose and authority.
15.05.020 Jurisdiction.
15.05.030 Additional definitions.
Article II. Shoreline Regulation
15.05.040 General development standards.
15.05.050 Shoreline modifications.
15.05.060 Environmental designations.
15.05.070 Summary of uses, approval criteria, and process.
15.05.080 Shoreline residential environment.
15.05.090 Urban conservancy environment.
15.05.100 Natural environment.
Article III. Administrative Procedures
15.05.110 Shoreline management permit and enforcement procedures, adoption by reference.
15.05.120 Permit processing and public notice.
15.05.130 Shoreline exemption.
15.05.140 Application requirements.
15.05.150 Shoreline substantial development permit.
15.05.160 Shoreline variance.
15.05.170 Conditional uses.
15.05.180 Final approval of shoreline permits.
15.05.190 Combined hearing authority.
15.05.200 Appeals.
15.05.210 Permit revisions.
15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development.
15.05.230 Shoreline environment redesignation.
15.05.240 Amendments to this chapter.
Article I. Generally
15.05.010 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW,
as amended, and the Shoreline Management Guidelines, Chapter 173-26 WAC. The director of the department of
community development has the authority to adopt rules and regulations to carry out the provisions of this title and has
the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to
comply with any provision of this title or any such rule or regulation.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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; however, the property owner
or applicant shall be responsible for determining the specific location of the shoreline jurisdiction on the subject
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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 statewide significance 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: include Star Lake, Lake Dolloff, Lake Geneva, Five Mile
Lake, and the remaining portion of Lake Killarney.
(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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
“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; 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 and accessory dwelling units, which undergo a separate review and are Cconsidered exempt
from the shoreline substantial development permit. The terms “appurtenant” and “accessory” are synonymous.
“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.
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“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.
“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 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.
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“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;
(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 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 homes are
prohibited in city shoreline jurisdictions.
“Floating over-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. For temporary or transient
floating over-water residences, exceptions include short-term boat moorage or dropping anchor within the city’s
jurisdiction, provided that such occupancy does not create a public health hazard or nuisance and this occupancy shall
not exceed two weeks within any six-month period.
“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, landslidinges, 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:
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(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;
(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.
“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, that
television antennas, chimneys, 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.
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“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 native to western Washington are 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.
“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
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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.
“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. Temporary or transient floating homes located in a vessel’s cabin, in addition to converted
residential appurtenances, otherwise known as tiny homes, are prohibited in shoreline jurisdiction. (See the residential
appurtenance definition above.) Exceptions include short-term boat moorage or dropping anchor within the city’s
jurisdiction, provided, that such occupancy does not create a public health hazard or nuisance and this occupancy shall
not exceed two weeks within any six-month period.
“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 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.
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“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.
“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.
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“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.
“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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
(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;
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(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 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 in FWRC 15.05.070(6), and
the setback standards provided in FWRC 15.05.075.
(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 14, 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 this Master Program. The master program defers to the director on determining whether an activity
affecting critical areas in shoreline jurisdiction is exempt from shoreline permit requirements, per WAC
173-27-040. The following environmentally critical areas provisions do not apply within shoreline jurisdiction:
(i) FWRC 19.145.090, Reasonable use of the subject property;
(ii) FWRC 19.145.110, Exemptions;
(iii) FWRC 19.145.120, Partial exemptions;
(iv) FWRC 19.145.350, Regulated lake buffers;
(v) FWRC 19.145.360, Development waterward of the ordinary high water mark of regulated lakes;
(vi) FWRC 19.145.370, Development within regulated lake buffers; and
(vii) FWRC 19.145.380, Regulated lake bulkheads
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(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.
(iii) The provisions of Federal Way Environmentally Sensitive Critical Area Regulations do not extend
shoreline jurisdictions beyond the limits specified in this SMP. For regulations addressing critical area
buffers areas that are outside shoreline jurisdiction, see FWRC 19.145.
(iv) If there are additional Any provisions of the Environmentally Critical Areas Ordinance that are not
consistent with the Shoreline Management Act, Chapter 90.58 RCW, or and supporting Washington
Administrative Code chapters, those provisions shall not apply.
(b c) 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, and 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 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 analysis.
(c d) 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.
(d e) 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.
(fe) 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 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;
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(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
(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.
(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.
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(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.
(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.
(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.
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(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 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 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 city 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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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
(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
(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
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(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;
anandd 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 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;
(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.
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(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.
(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. 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 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.
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(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.
(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.
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(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.
(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
(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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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15.05.060 Environmental designations.
(1) Purpose and establishment of designations.
(a) The purpose of the designations is to differentiate between areas whose geographical, hydrological,
topographical, or other features imply differing objectives regarding their use and future development.
Each environment designation represents a particular emphasis in the type of uses and the extent of development
that should occur within it. The environmental designation system is designed to encourage uses in each
environment that enhance or are compatible with the character of the environment, while at the same time
requiring reasonable standards and restrictions on development so that the character of the environment is not
adversely impacted.
(b) Names of environment designations. In order to accomplish the purpose of this title, environmental
designations have been established as follows:
(i) Shoreline residential.
(ii) Urban conservancy.
(iii) Natural.
(c) Limits of environment designations. Each environment designation shall consist of:
(i) The entire water body within city jurisdiction, including all water below the surface, the land below the
water body, the space above the water body, and the shorelands associated with the water body. On the city’s
marine shoreline, environment designations shall extend waterward from the ordinary high water mark to
the line of extreme low tide.
(ii) The shoreline areas within 200 feet of the ordinary high water mark and additional upland areas where
associated wetlands and floodplains extend beyond 200 feet from the ordinary high water mark.
(d) Establishment of designations.
(i) The written descriptions of the boundaries of the shoreline environment designations as adopted by
ordinance shall constitute the official legal descriptions of the boundaries of those environment designations.
(ii) The official maps prepared by the city pursuant to Chapter 173-26 WAC shall constitute the official
descriptions of the limits of all shorelands in the city of Federal Way as defined by RCW 90.58.030 and
FWRC 15.05.030.
(iii) The department may, from time to time, as new or improved information becomes available, modify the
official maps described in subsection (1)(d)(ii) of this section consistent with state guidelines to more
accurately represent, clarify, or interpret the true limits of the shorelines defined herein.
(e) Location of boundaries.
(i) Boundaries indicated as following streets, highways, roads, and bridges shall be deemed to follow the
centerline of such facilities unless otherwise specified.
(ii) Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the
centerline of such rights-of-way or easements unless otherwise specified.
(iii) Where different environmental designations have been given to a tributary and the main stream at the
point of confluence, the environmental designation given to the main stream shall extend for a distance of
200 feet up the tributary.
(iv) In case of uncertainty as to a wetland or environment boundary, the director of community development
services shall determine its exact location pursuant to the criteria of WAC 173-22-040 and RCW 90.58.030,
and the provisions of this title.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.070 Summary of uses, approval criteria, and process.
(1) Uses not addressed in the program shall be conditional uses.
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(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.
(iii) Forest practices.
(iv) Industrial uses.
(v) Mining.
(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
Shoreline Use Shoreline Residential Urban Conservancy Natural
Office and Commercial
Development
X CX 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
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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
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
(7,000 to 10,000 sq. ft. minimum
lot size)
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
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Shoreline Modifications
Shoreline stabilization53 (FWRC 15.05.0750(1))
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 higher high
water (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 requirements
must be supported by both recorded tidal events and geotechnical
documentation by a qualified professional.
N/A (Prohibited)
Piers, docks, mooring buoys, and floats (FWRC 15.05.0750(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 15.05.0750(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 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.
N/A (Prohibited)
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.
3 5. See additional review and approval criteria and design requirements in FWRC 15.05.050(1).
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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15.05.075 Shoreline setback vegetation conservation standards.
(1) Purpose. Vegetation conservation areas 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) General Requirements. In order to implement this program’s policies for preservation of native plant communities
on marine, lake, and wetland shorelines, mitigation sequencing, per FWRC 15.05.040(1), shall be applied during site
planning for uses and activities within the shoreline jurisdiction so that the design and location of the development
minimizes native vegetation removal.
(a) Development or uses that require vegetation clearing shall be designed to avoid the following in the
order indicated below, with subsection (a)(i) of this section being the most desirable vegetation to retain:
(i) Native Trees;
(ii) Shrubs; and
(iii) Other native vegetation;
(b) The following activities are exempt from shoreline setback vegetation conservation standards review:
(i) One allowed development activity where new or improved structures or additions are less than 200
square feet in size;
A. Must meet dimensional standards table per FWRC 15.05.070(6) or be a water dependent use.
(ii) Maintenance on existing structures;
(iii) Removal of noxious weeds as listed by the state in WAC 16-750, subject to FWRC 19.120 City
Clearing, Grading and Tree and Vegetation Retention; and;
(iv) Restoration activities conducted in accordance with an approved plan designed to improve
ecological functions and values.
(c) Vegetation within shoreline setbacks, other stream buffers, wetlands and wetland buffers,
WDFW-mapped priority habitats and species areas, and other critical areas must be managed consistent with
FWRC 19.145, Environmentally Critical Areas.
(d) For tree retention requirements, refer to FWRC 19.120.130, Tree and vegetation retention standards.
(e) For shoreline vegetation conservation area minimum requirements by shoreline environment, refer to
FWRC 15.05.070(6) standards table.
(1)(3) Activity Requirements. To maintain the ecological functions that trees provide in the shoreline environment,
trees shall be retained according to FWRC 19.120.130-2, Tree Unit Credits Table or, if removed, the loss of shoreline
ecological functions shall be mitigated for, subject to the following standards:
(a) No Development Activity – For diseased, nuisance, or fallen tree removal in the shoreline setback but
outside environmentally critical areas, as defined under FWRC Chapter 19.145 and 19.142 when no
development activity is proposed or in progress, the following tree replacement standards and requirements in
FWRC 19.120.130, Exemptions shall apply. In addition, the following provisions in shoreline jurisdiction apply:
and 19.142
(i) Replace at a 2:1 ratio for diseased, nuisance, or fallen trees. Removed or fallen trees shall be left
sitting and stabilized on-site. Native conifer trees shall be at least six feet in height and deciduous trees
shall be at least two inches in caliper measured six inches above existing grade at the time of planting.
(ii) This may include, but shall not be limited to, a riparian restoration planting plan consisting of at
least 60 percent shrubs and some groundcovers selected from the King County Native Plant List that
shall equal at a minimum 80 square feet for each tree to be replanted. Shrubs shall be a minimum of three
feet wide in all dimensions at the time of planting. Planting plan requirements are found under subsection
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(3)(b)(i) of this section. The applicant shall submit a planting plan to be reviewed by the director or
designee who may approve, approve with conditions, or deny the request.
(iii) A tree removal request shall be submitted in writing to the city prior to any tree removal within the
shoreline setback. The request shall include the location, number, type, and size of tree(s) being
removed, and the proposed replacement tree(s) and riparian vegetation planting plan meeting the
standards required in subsection (3)(a)(i) of this section. The city shall inspect the tree replacement once
installation is complete.
(b) Development Activity – For tree removal in the shoreline setback when development activity is
proposed or in progress.
(i) Submittal Requirements in the Shoreline Setback
(A) A site plan showing the approximate location of significant trees, their size (DBH) and their
species, along with the location of existing structures, driveways, access ways, and easements,
and the proposed improvements.
(B) An arborist report stating the size (DBH), species, and assessment of health of all significant
trees located within the shoreline setback. This requirement may be waived by the director or
designee if it is determined that proposed development activity will not potentially impact
significant trees within the shoreline setback.
(C) Demonstrating achievement of Show how the proposal complies with the requirements
listed in subsections (2), (3), (4), (6), (7), and (8) of this section.
(ii) Tree Retention Standards in the Shoreline Setback – The director or designee is authorized to 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) An alternative replacement option may be approved 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;
(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.
(iii) The alternate replacement option must be is equal to or superior to the provisions of this section in
accomplishing the purpose and intent of maintaining shoreline ecological functions and processes. The
alternative needs to demonstrate provided it meetings the riparian vegetation planting standards
discussed in subsection (3)(a)(i) above.
(iv) If Tthe alternative plan is consistent with the standards provided in this subsection, and the director
or designee shall approves the plan or may 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.
(4) Replanting Requirements in the Shoreline Setback. If the director or designee approves removal of a significant
tree in the shoreline setback area, then the tree replacement requirements in FWRC 19.120.130, Tree and
vvegetation retention standards, apply , in addition to the provisions below. See alternative mitigation options in
subsection (3)(c) of this section that maybe proposed.
(a) For required replacement trees, a planting plan showing location, size, and species of the new trees is
required. All replacement trees in the shoreline setback must be selected from the King County Native
Plant List, or other native or shoreline appropriate species approved by the director or designee.
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(i) An alternative mitigation option may be approved if an applicant can demonstrate that their proposal
meets the criteria described in subsection (3)(c) of this section.
(5) Tree Pruning. Nondestructive thinning of lateral branches to enhance views or trimming, shaping, thinning, or
pruning of a tree necessary to its health and growth is allowed, consistent with the following standards:
(a) Topping of trees is prohibited, except where demonstrated necessary for safety. A written report by
a certified arborist or other qualified professional is required to evaluate potential safety hazards;
(b) In no circumstance shall removal of more than one-fourth of the original crown be permitted;
(c) Pruning shall not include topping, stripping of branches, or creation of an imbalanced canopy;
(d) Pruning shall retain branches that overhang the water to the maximum extent feasible while
allowing for appropriate view of the regulated shoreline;
(e) An advance site visit may be required by the department of community development in order to
confirm the proposed thinning is consistent with this section, and tree and critical area protection
standards. The city may also utilize site photographs in lieu of a site visit where sufficient detail is
available to make a determination on consistency with thinning standards.
(6) Required Vegetation in Shoreline Setback – Riparian vegetation contributes to shoreline ecological functions in a
number of different ways, including maintaining temperature, removing excessive nutrients and toxic
compounds, attenuating wave energy, removing and stabilizing sediment, and providing woody debris and other
organic matter. In order to minimize potential impacts to shoreline ecological functions from development
activities, the following shoreline vegetation standards are required:
(a) Minimum Vegetation Standard Compliance associated with Development Proposals:
(i) Location
(A) Water-Dependent Uses or Activities – The applicant shall plant native vegetation, as
necessary, in at least 75 percent of the property’s shoreline frontage for the nearshore riparian area
located along or near the water’s edge or feeder bluff.
(B) For portions of water-dependent development that require improvements adjacent to the
water’s edge, such as boat ramps for boat launches, swimming beaches, or other similar activities,
native vegetation shall be planted on portions of the nearshore riparian area located along the
water’s edge that are not otherwise being used for the water-dependent activity.
(b) All Other Uses – The applicant shall plant native vegetation, as necessary, in at least 75 percent of the
nearshore riparian area located along or near the water’s edge or feeder bluff.
(c) In the instance where there is an intervening property between the shoreline and an upland property
and the portion of the intervening property abutting the upland property has an average parcel depth of less
than 25 feet, shoreline vegetation shall be provided within the shoreline setback portion of the upland
property pursuant to this section, unless:
(i) The required shoreline vegetation already exists on the intervening lot meeting the standards of
this section and the minimum vegetation conservation areas defined in FWRC 15.05.070(6),
Standards table.
(ii) The intervening property owner agrees to installing the shoreline vegetation on their property; or
(iii) A proposal for alternative compliance is approved under the provisions established in subsection
(3)(a)(ii) of this section.
(d) Planting Spacing Requirements
(i) Installation of native vegetation shall consist of a mixture of trees, shrubs, and groundcover and
be designed to improve habitat functions. At least three trees per 100 linear feet of shoreline must be
included in the plan, with portions of a tree rounded up to the next required tree. At least 60 percent of
the landscape bed shall consist of shrubs to be attained within two years of installation.
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(e) Use of Existing Vegetation – The city shall accept existing native trees, shrubs, and groundcover as
meeting the requirements of this subsection, including vegetation previously installed as part of a prior
development activity, provided that the existing vegetation provides a landscape strip at least as effective in
protecting shoreline ecological functions as the required vegetation. The city may require the applicant to
plant trees, shrubs, and groundcover according to the requirements of this subsection to supplement the
existing vegetation in order to provide a buffer at least as effective as the required setback.
(i) Landscape Plan Required – In instances where new native vegetation is installed as mitigation or
to restore lost shoreline setback vegetation conservation area minimum requirements prescribed in
FWRC 15.05.070(6), the applicant shall submit a landscape plan consistent with the requirements
under FWRC 19.125.035(1), including approximate locations for temporary irrigation.
(7) Vegetation Placement. When required either by this subsection or as a mitigation measure, such as for a new pier
or dock, or structural shoreline stabilization measure, vegetation selection and placement shall comply with the
following standards:
(a) Vegetation shall be selected and positioned on the property so as not to obscure the public view within
designated view corridors from the public right-of-way to the lake or Puget Sound.
(b) Vegetation may be selected and positioned to maintain private views to the water by clustering
vegetation in a selected area, provided that the minimum landscape standard is met, unless alternative
compliance is approved.
(c) Alternative Compliance – Vegetation required by this subsection shall be installed unless the applicant
demonstrates one (1) of the following:
(i) The vegetation will not provide shoreline ecological function due to existing conditions, such as
the presence of extensive shoreline stabilization measures that extend landward from the OHWM; or
(ii) It is not feasible to plant all of the required vegetation on the subject property, given the existing
tree canopy coverage and location of trees on the property, the location of structures on the property,
or minimum spacing requirements for the vegetation to be planted; or
(iii) The vegetation will substantially interfere with the use and enjoyment of the portion of the
property located between the primary structure and OHWM, such as the existing structure is located in
very close proximity to the OHWM; the area in between the primary structure and the OHWM is
encumbered by a sanitary sewer, public pedestrian access easement, public access walkway, or other
constraining factors; or
(iv) The required vegetation placement will obstruct existing views to the Puget Sound or lake, at the
time of planting or upon future growth, which cannot otherwise be mitigated through placement or
maintenance activities. The applicant shall be responsible for providing sufficient information to the
city to determine whether the vegetation placement will obstruct existing views to the lake.
(v) The alternate measures must be are equal or superior to the provisions of this subsection in
accomplishing the purpose and intent of maintaining and improving shoreline ecological functions
and processes.
(d) Requests to use alternative measures shall be reviewed by the director or designee who may approve,
approve with conditions, or deny the request. Cost of producing and implementing the alternative plan, and
the fee to review the plan by city staff or the city’s consultant shall be borne by the applicant.
(e) If the alternative plan is consistent with the standards provided in this subsection, the director or
designee shall approve the plan, or may impose 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.
(8) 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.
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(a) All required vegetation must be maintained throughout the life of the development. Prior to issuance of a
certificate of occupancy, or final inspection, the proponent shall provide a final as-built landscape plan and
recorded agreement, in a form approved by the City Attorney, to maintain and replace all shoreline vegetation
that is required by the city. The agreement shall be recorded with the King County Recorder’s Office.
(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.
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. 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. See FWRC 15.05.075, Shoreline setback vegetation conservation standards for
submittal requirements based upon a given activity within this area.
(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:
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(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).
(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 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
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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.
(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.
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(B) Utility and transmission facilities shall:
(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:
(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.
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(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.
(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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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 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).
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(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 is are based upon a
given activity within this area.
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.
(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 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.
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(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, 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).
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
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(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 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 is are based upon a given activity within this area.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.
(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.
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(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).
(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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
(3 5) 173-27-130, Filing with department.
(4 6) 173-27-270, Order to cease and desist.
(5 7) 173-27-280, Civil penalty.
(6 8) 173-27-290, Appeal of civil penalty.
(7 9) 173-27-300, Criminal penalty.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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:
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(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 the following shoreline exemption, substantial development permit, conditional use permit,
and/or variance .permits types apply to the most current SMP, effective 14 days after Ecology’s approval letter. These
permits include shoreline exemption, substantial development permit, conditional use permit, and/or variance.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.130 Shoreline exemption.
(1) The purpose of a shoreline exemption is to provide an approval process for uses and activities which do not trigger
the need for a substantial development permit, but require compliance with the shoreline guidelines and the goals,
policies, and other provisions of the city’s shoreline master program. A use or activity that qualifies for an exemption
may require a shoreline variance (FWRC 15.05.160), or a shoreline conditional use permit (FWRC 15.05.170). An
exemption from the substantial development permit process is not an exemption from compliance with any other
applicable regulatory requirements.
(2) To qualify for an exemption, the proposed use, activity, or development must meet the requirements for an
exemption as described in WAC 173-27-040.
(3) If the proposed development meets the requirements for an exemption, the applicant shall submit a request for an
exemption to the director of community development services for review and approval. The request shall indicate the
specific exemption provision from WAC 173-27-040 that is being applied to the development. The city shall review
the request and provide a summary of the analysis demonstrating consistency of the project with the Federal Way
shoreline master program and the Shoreline Management Act. The city shall prepare a statement of exemption,
provided the proposal meets exemption criteria. The burden of proof that a development or use is exempt from the
permit process is on the applicant. If any part of the development is not eligible for exemption, then a substantial
development permit is required for the entire proposed development.
(a) The director may attach conditions to the approval of exempted developments and/or uses as necessary to
assure consistency of the project with the Shoreline Management Act and the Federal Way shoreline master
program, per WAC 173-27-040(e). For example, in the case of development subject to a building permit, but
exempt from the shoreline permit process, the building official or other permit authorizing official, through
consultation with the director, may attach shoreline management terms and conditions to building permits and
other permit approvals pursuant to RCW 90.58.140.
(b) Where shoreline development proposals are subject to review, approval, and permitting by a federal or state
agency, the director shall prepare a statement of exemption, addressed to the applicant, the federal or state
permitting agency, and Ecology.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
(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.
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(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.
(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:
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(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.
(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.
(g) A discussion of monitoring, maintenance, and contingency measures to accompany the mitigation plan.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.160 Shoreline variance.
(1) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional, or performance standards set
forth in the shoreline master program, where there is an extraordinary or unique circumstance relating to the property
such that the strict implementation of the shoreline master program would impose unnecessary hardship on the
applicant or thwart the policies of the Shoreline Management Act.
(2) When a variance is requested, the substantial development permit, if required, and the variance, shall be reviewed
under the provisions of Process IV, Chapter 19.70 FWRC, and the hearing examiner shall be the final approval
authority for the city of Federal Way. The Department of Ecology shall be the final approval authority under WAC
173-27-200.
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(3) A variance from the standards of the master program may be granted only when the applicant can demonstrate that
all the following conditions will apply:
(a) That the strict requirements of the bulk, dimensional, or performance standards set forth in the master program
preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by the master
program;
(b) That the hardship described above is specifically related to the property and is the result of unique conditions,
such as irregular lot shape, size, or natural features, and the application of the master program, and not, for
example, from deed restriction or the applicant’s own actions;
(c) That the design of the project will be compatible with other permitted activities in the area and will not cause
adverse effects to adjacent properties or the shoreline environment;
(d) That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties,
and will be the minimum necessary to afford relief;
(e) That the public interest will suffer no substantial detrimental effect;
(f) That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of
the variance when the proposal is for development located waterward of the ordinary high water mark, or within
wetlands, estuaries, marshes, bogs, or swamps; and
(g) That consideration has been given to the cumulative effect of like actions in an area where similar
circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would
have substantial adverse effects on the shoreline.
(4) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary
uses permitted within an environmental designation.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.170 Conditional uses.
(1) The purpose of the conditional use permit is to provide greater flexibility in varying the application of the use
regulations of the shoreline master program in a manner which will be consistent with the policies of Chapter 90.58
RCW, particularly where denial of the application would thwart the policies of the Shoreline Management Act.
(2) When a conditional use is requested, the substantial development permit, if required, and the conditional use, shall
be reviewed under the provisions of Process IV, Chapter 19.70 FWRC, and the hearing examiner shall be the final
approval authority for the city of Federal Way. The Department of Ecology shall be the final approval authority under
WAC 173-27-200.
(3) Conditional uses have unique and special characteristics which require a special degree of control to make the uses
compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public
interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the hearing
examiner to prevent undesirable effects or mitigate environmental impacts of the proposed use.
(4) Conditional use permits shall be authorized only when they are consistent with the following criteria:
(a) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the shoreline master
program;
(b) The use will not interfere with normal use of public shorelines;
(c) The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is
compatible with other permitted uses in the area;
(d) The public interest will suffer no substantial detrimental effect;
(e) Consideration has been given to cumulative impact of additional requests for like actions in the area.
(5) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the
applicant can demonstrate that other uses are consistent with the purpose of the shoreline environmental designation
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and compatible with existing shoreline improvements, or that extraordinary circumstances preclude reasonable use of
the property; however, uses specifically prohibited by the master program may not be authorized.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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:
(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 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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.190 Combined hearing authority.
In those cases when development proposed in the shorelines may require a public hearing under the authority of other
chapters of this Code, the hearings may be combined.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.200 Appeals.
All appeals of any final permit decision are governed by the procedures established in RCW 90.58.140(6) and
90.58.180, and Chapter 481-03 WAC, the rules and procedures of the shoreline hearings board. All appeals of any
final permit decision must be made to the shoreline hearings board within 21 days of the date of filing of the city’s final
decision concerning the substantial development permit, or formal approval to revisions of the permit.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.210 Permit revisions.
(1) A permit revision is required whenever an applicant proposes substantive changes to the design, terms, or
conditions of a project from that which was approved in the permit. When a revision of a shoreline permit is sought,
the applicant shall submit detailed plans and text describing the proposed changes in the permit and demonstrating
compliance with the minimum standards pursuant to WAC 173-27-100.
(2) If the proposed changes are determined by the director to be within the scope and intent of the original permit, and
are consistent with the Shoreline Management Act (Chapter 90.58 RCW), the guidelines in Chapter 173-26 WAC, and
the Federal Way shoreline master program, the revision shall be approved.
(3) A new permit shall be required if the proposed revision would constitute development that is beyond the scope and
intent of the original approval. “Within the scope and intent of the original approval” means all of the following:
(a) No additional overwater construction is involved except that a pier, dock, or floating structure may be
increased by 10 percent over that approved under the original approval; provided, that the revision does not
exceed the maximum size requirements of this chapter except as authorized under a variance granted for the
original development;
(b) Ground area coverage and/or height may be increased a maximum of 10 percent over that approved under the
original approval; provided, that the revised approval does not authorize development to exceed the height,
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impervious surface, setback, or any other requirements of this chapter except as authorized under a variance
granted for the original development;
(c) Additional or revised landscaping is consistent with any conditions attached to the original approval and with
the Federal Way shoreline master program;
(d) The use authorized pursuant to the original approval is not changed; and
(e) The revision will not cause adverse environmental impacts beyond those originally authorized in the approval.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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.
(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 nonconforming residential structures, not including bulkheads, are classified as
conforming. Redevelopment, expansion, and replacement is allowed so long as it is consistent with Chapter 15.05,
Shoreline Management.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.230 Shoreline environment redesignation.
Shoreline environments designated by the master program may be redesignated by the city council upon finding that
such redesignation will be consistent with:
(1) The policies of Section 2 of the Shoreline Management Act of 1971.
(2) The goals, objectives, and policies of the shoreline master program.
(3) The designation criteria of the shoreline environment designation requested.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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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.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Chapter 15.10
CRITICAL AREAS
Sections:
Article I. Generally
15.10.010 Purpose.
15.10.020 Applicable provisions.
15.10.030 Jurisdiction.
15.10.040 Other authority and jurisdiction.
15.10.050 Liability.
Article II. Administration
15.10.060 Administration.
15.10.070 Maps adopted.
15.10.080 Basis for determination.
15.10.090 Bonds.
15.10.100 Dedication.
15.10.110 Certain activities not subject to critical area standards.
Article III. General Site Design Requirements
15.10.120 Responsibility of applicant.
15.10.130 Vehicle circulation areas.
15.10.140 Time limitation.
15.10.150 Other requirements.
Article IV. Geologically Hazardous Areas Development
15.10.160 Limitations.
Article V. Streams
15.10.170 Stream setbacks.
15.10.180 Relocation.
15.10.190 Culverts.
15.10.200 Removal of streams from culverts.
15.10.210 Rehabilitation.
15.10.220 Intrusion into stream setbacks.
15.10.230 Additional requirements for clearing and grading.
Article VI. Regulated Wetlands
15.10.240 Determination of wetland and regulated wetland.
15.10.250 Wetland categories and standard buffers.
15.10.260 Structures, improvements, and clearing and grading within regulated wetlands.
15.10.270 Structures, improvements, and clearing and grading within regulated wetland buffers.
Article VII. Critical Aquifer Recharge Areas and Wellhead Protection Areas
15.10.280 Limitations.
15.10.290 Classification of wellhead capture zones.
15.10.300 General requirements.
15.10.310 Prohibited activities in Wellhead Capture Zone 1.
15.10.320 Regulation of facilities handling and storing hazardous materials.
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15.10.330 Performance standards.
15.10.340 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead protection
areas.
Article I. Generally
15.10.010 Purpose.
The purpose of this chapter is to protect the environment, human life, and property from harm and degradation within
the shoreline jurisdiction in the city of Federal Way. This is to be achieved by precluding or limiting development in
areas where development poses serious or special hazards; by preserving and protecting the quality of surface water;
and by preserving important ecological areas such as steep slopes, streams, and wetlands. The public purposes to be
achieved by this chapter include protection of water quality, groundwater recharge, shoreline stabilization, stream
flow maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and
property, and maintenance of natural stormwater storage systems.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.020 Applicable provisions.
(1) The provisions of this chapter apply throughout designated shoreline areas under the shoreline master plan and
must be complied with regardless of any other conflicting provisions of FWRC Titles 14 and 19.
(2) Any conflict between the standards outlined in this chapter and Chapter 15.05 FWRC 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 this chapter, the following minimum requirements shall apply with regard to activities and development in
critical areas located within shoreline jurisdiction:
(a) Minimum setbacks from the top of marine bluffs specified in FWRC 15.05.040(4)(b)(iii) shall be maintained
in all cases unless a shoreline variance is granted.
(b) Minimum setbacks from the OHWM established in FWRC 15.05.080, 15.05.090, and 15.05.100 shall be
maintained in all cases unless a shoreline variance is granted.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.030 Jurisdiction.
This chapter applies to the subject property if it:
(1) Contains or is within 25 feet of a geologically hazardous area;
(2) Contains or is within 100 feet of a wellhead;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with
any major stream, minor stream, or regulated lake; or
(6) Is located within a critical recharge area or a wellhead protection area (one-, five-, or 10-year wellhead capture
zone).
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.040 Other authority and jurisdiction.
Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under any other
applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local,
state, and federal laws and regulations.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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15.10.050 Liability.
(1) Prior to issuance of any building permit or other permit by the building official, the applicant may be required to
enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city
from and for any damage or liability resulting from any development activity on the subject property which is related
to the physical condition of the steep slope, stream, or regulated wetland. This agreement shall be recorded in the
county, at the applicant’s expense, and shall run with the property.
(2) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or
city liability related to any such development activity.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
Article II. Administration
15.10.060 Administration.
Except as otherwise established in this chapter, this chapter will be implemented and enforced as part of the city’s
review of any development activity on the subject property. If the development activity requires approval through
Process I, II, III, or IV, the provisions of this chapter will be implemented as part of these processes. If the
development activity does not require approval through Process I, II, or III, the provisions of this chapter will be
implemented through site plan review under Chapter 19.60 FWRC.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.070 Maps adopted.
The city hereby adopts the June 19, 1999, city of Federal Way final wetland inventory report, to show the locations of
certain regulated wetlands in the designated shoreline areas of the shoreline master plan. The city hereby adopts the
Lakehaven utility district wellhead one-, five-, and 10-year capture zone maps, as now existing or amended.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.080 Basis for determination.
The determinations regarding whether the subject property is regulated under this chapter, as well as the extent and
nature of the regulations that will apply to the subject property, will be determined based on environmental
information and mapping possessed by the city as well as other information and mapping provided by or through the
applicant. The city may require the applicant, at the applicant’s expense, to provide any information, mapping, studies,
materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such
information, studies, mapping, materials, inspections, and reviews be provided or performed by a qualified
professional acceptable to the city. Other provisions of this chapter detail other information and inspections that may
be required in some instances.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.090 Bonds.
The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this chapter.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.100 Dedication.
The city may require the applicant to dedicate development rights or an open space easement to the city to ensure
protection of steep slopes, wells, streams, and regulated wetlands and other areas within the jurisdiction of this chapter.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.110 Certain activities not subject to critical area standards.
(1) The following activities are not subject to the provisions of this chapter:
(a) Emergencies that, in the opinion of the shoreline administrator, threaten the public health, safety, and welfare,
where impacts to critical areas and their buffers are mitigated to the extent feasible following the emergency actions;
(b) Normal and routine maintenance and repair of the following facilities, for which a maintenance plan has been
approved by the public works director; provided, that impacts to critical areas and their buffers are mitigated to
the extent feasible:
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(i) Existing drainage ditches; provided, however, that this exception shall not apply to any ditches used by
salmonids other than to permit free migration of salmonids to their spawning grounds;
(ii) Surface water facilities; provided, that such activities shall not involve conversion of any regulated
wetland not currently being used for such activity;
(iii) Existing public facilities and utility structures or rights-of-way.
The maintenance plan may be designed to address individual facilities or facility components, area-wide facilities, or
city-wide systems. The maintenance plan shall identify the nature of the potential maintenance or repair activities,
specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating
impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of
pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may
require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas.
(2) Any activities not subject to the provisions of this chapter are still subject to the requirements of Chapter 15.05 FWRC.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
Article III. General Site Design Requirements
15.10.120 Responsibility of applicant.
The applicant shall locate all improvements on subject property to minimize adverse impacts to geologically
hazardous areas, wells, streams, regulated wetlands, and critical aquifer recharge and wellhead protection areas.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.130 Vehicle circulation areas.
The applicant shall locate all parking and vehicle circulation areas as far as possible from any geologically hazardous
area, wellhead, stream, and regulated wetland.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.140 Time limitation.
The city may limit development activities which involve any clearing and grading activity to specific months of the
year and to a maximum number of continuous days or hours in order to minimize adverse impacts.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.150 Other requirements.
The city may require other construction techniques, conditions, and restrictions on development in order to minimize
adverse impacts on geologically hazardous areas, wells, critical aquifer recharge areas and wellhead protection areas,
streams, or regulated wetlands.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
Article IV. Geologically Hazardous Areas Development
15.10.160 Limitations.
(1) This section regulates development activities and clearing and grading on or within 25 feet of a geologically
hazardous area. Refer to FWRC 15.05.040(4)(b)(iii) for additional requirements related to properties with steep slopes
and bluffs.
(2) Development activities, clearing and grading, or the installation and maintenance of landscaping normally
associated with residential, commercial, or park use may not occur on or within 25 feet of a geologically hazardous
area unless no reasonable alternative exists and then only if the development activity or clearing and grading will not
lead to or create any increased slide, seismic, or erosion hazard.
(3) Before approving any development activity or clearing and grading under this section, the city may require the
applicant to submit the following information:
(a) A soils report prepared by a qualified professional engineer licensed in the state which describes how the
proposed development will impact each of the following on the subject property and nearby properties:
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(i) Slope stability, landslide hazard, and sloughing.
(ii) Seismic hazards.
(iii) Groundwater.
(iv) Seeps, springs, and other surface waters.
(v) Existing vegetation.
(b) Recommended foundation design and optimal location for roadway improvements.
(c) Recommended methods for mitigating identified impacts and a description of how these mitigating measures
may impact adjacent properties.
(d) Any other information the city determines is reasonably necessary to evaluate the proposal.
(4) If the city approves any development activity or clearing and grading under this section, it may, among other
appropriate conditions, impose the following conditions of approval:
(a) That the recommendations of the soils report be followed.
(b) That the applicant must pay for the services of a qualified professional engineer selected and retained by the
city to review the soils report and other relevant information.
(c) That a qualified professional engineer be present on site during all clearing and grading activities.
(d) That trees, shrubs, and groundcover be retained except where necessary for approved development activities
on the subject property.
(e) That additional vegetation be planted in disturbed areas.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
Article V. Streams
15.10.170 Stream setbacks.
(1) No clearing and grading or improvements may take place or be located in a stream or within the following stream
setback areas except as allowed within this chapter:
(a) The stream setback area for a major stream includes all areas within 100 feet outward from the ordinary high
water mark of a major stream.
(b) The stream setback area for a minor stream includes all areas within 50 feet outward from the ordinary high
water mark of a minor stream.
(2) The stream setback areas established by this section do not apply to any segment of a stream that is presently within
a culvert, unless that stream will be taken out of the culvert as part of development of the subject property.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.180 Relocation.
(1) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this
section.
(2) A proposal to relocate a stream will be reviewed and decided upon using Process IV per Chapter 19.70 FWRC.
(3) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a
qualified professional approved by the city, that shows the following:
(a) The creation of a natural meander pattern.
(b) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of
erosion control features for stream side slopes.
(c) The creation of a narrow subchannel, where feasible, against the south or west bank.
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(d) The utilization of natural materials, wherever possible.
(e) The use of vegetation normally associated with streams, including primarily native riparian vegetation.
(f) The creation of spawning and nesting areas, wherever appropriate.
(g) The reestablishment of the fish population, wherever feasible.
(h) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible.
(i) The filling and revegetation of the prior channel.
(j) A proposed phasing plan specifying time of year for all project phases.
(4) The city will allow a stream to be relocated only if water quality, habitat, and stormwater retention capability of the
streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site
design may not be considered.
(5) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new
channel following its completion and issue a written report to the shoreline administrator stating that the channel
complies with the requirements of this section.
(6) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the
subject property.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.190 Culverts.
(1) Culverts are permitted in streams within the shoreline jurisdiction of the city only if approved under this section.
(2) The city will review and decide upon applications under this chapter using Process III per Chapter 19.65 FWRC.
(3) The city will allow a stream to be put in a culvert only if:
(a) No significant habitat area will be destroyed; and
(b) No other feasible site design alternative exists which allows the stream to remain in an open condition.
Convenience to the applicant in order to facilitate general site design will not be considered.
(4) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must
be large enough to accommodate a 100-year storm.
(5) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow
free passage of water and, if applicable, fish. The city shall require a bond under Chapter 19.25 FWRC to ensure
maintenance of the culvert approved under this section.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.200 Removal of streams from culverts.
If development of the subject property requires approval through Process I, II, or III of FWRC Title 19, the city may
require the stream to be taken out of the culvert and restored to a natural channel configuration as part of the city’s
approval of development of the subject property.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.210 Rehabilitation.
The shoreline administrator may permit or require the applicant to rehabilitate or maintain a stream by requiring the
removal of detrimental materials such as debris, sediment, and invasive, nonnative vegetation. Approval of stream
rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions,
identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective actions,
including installation of native species within the riparian corridor, performance standards, monitoring schedule,
planting plans, erosion and sedimentation control plans, and grading plans as necessary. The shoreline administrator
shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These
actions may be permitted or required at any time that a condition detrimental to water quality, stability of stream
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banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep
slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.220 Intrusion into stream setbacks.
(1) Essential public facilities, public utilities, and other public improvements. The shoreline administrator may permit
the placement of an essential public facility, public utility, or other public improvements in a setback from a stream if he
or she determines that the line or improvement must traverse the setback area because no feasible alternative location
exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the
setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or
utility. “Public utility and other public improvements” shall not include improvements whose primary purpose is to
benefit a private development, including without limitation interior roads or privately owned detention facilities installed
within or during the construction of a residential subdivision, binding site plan, or other commercial development.
(2) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways, and benches may
be located within the setback area if approved through Process III per Chapter 19.65 FWRC, based on the following
criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area;
(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 nor to the city as a whole; and
(f) It is necessary to correct any one of the adverse conditions specified in subsections (2)(a) through (e) of this
section.
(3) Other intrusions. Other than as specified in subsections (1) and (2) of this section, the city may approve any request
to locate an improvement or engage in clearing and grading activities within stream setback areas only through
Process IV per Chapter 19.70 FWRC, based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area;
(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 in the area of the subject property nor to the city as
a whole, including the loss of significant open space; and
(f) It is necessary for reasonable development of the subject property not otherwise prohibited by the shoreline
master program.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.230 Additional requirements for clearing and grading.
If any clearing and grading is permitted within the stream or stream setback area, the applicant shall comply with the
following additional requirements:
(1) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or
inorganic material that would be detrimental to water quality or the existing habitat.
(2) The applicant may deposit dredge spoils on the subject property only if part of an approved development on the
subject property.
(3) The applicant shall stabilize all areas left exposed after clearing and grading with native vegetation normally
associated with the stream or setback area.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Article VI. Regulated Wetlands
15.10.240 Determination of wetland and regulated wetland.
(1) Generally. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology Publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as
subsequently amended, will be used for identification and delineation of wetlands within the city. Although a
site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is
functionally related to another wetland that meets the criteria. Where vegetation has been removed, a wetland may be
determined by the presence of hydric soils, as well as other documentation of the previous existence of wetland
vegetation such as aerial photographs.
(2) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject property, the
shoreline administrator shall require the applicant to submit a wetland report, prepared by a qualified professional
approved by the city, that includes the information set forth in subsections (2)(a) through (g) and (3) of this section.
The shoreline administrator shall use the information required by subsections (2)(a) and (b) of this section to
determine if the area is a regulated wetland and, if so, shall use the information required by subsections (2)(c) through
(g) and (3) of this section to determine the category and the precise boundaries of that regulated wetland.
(a) An evaluation of whether the area in question is a regulated wetland based upon the definition of a wetland
and the size thresholds outlined in FWRC 15.10.250.
(b) An overview of the methodology used to conduct the study.
(c) A description of the wetland and plant communities found therein, a map delineating the edge of the wetland
and location of plant communities, and a detailed description of the method used to identify the wetland edge.
(d) The wetland classification, according to the U.S. Fish and Wildlife Service “Classification of Wetlands and
Deep Water Habitats in the U.S.”
(e) A list of observed plant and wildlife species, using both scientific and common names, and a description of
their relative abundance.
(f) A list of potential plant or animal species based on signs or other observation.
(g) An evaluation and assessment of the existing or potential functions and values of the wetland based on the
following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange;
open space and recreation; and educational and cultural opportunities.
(3) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to
impound or convey water for an engineered purpose are not considered regulated wetlands under this chapter,
provided they meet all of the following criteria:
(a) The drainage facility must have been intentionally human created. This is to differentiate from those wetland
sites that are accidental consequences of development actions, such as road construction or culvert placement.
Such sites may be considered regulated wetlands by the director upon a review, under subsection (2)(g) of this
section, of the ecological functions and values of the site.
(b) The drainage facility must have been originally constructed on uplands (nonwetland areas). If the drainage
facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be
considered a regulated wetland by the director upon a review, under subsection (2)(g) of this section, of the
ecological functions and values of the site.
(c) The facility must be actively operated as a surface water drainage facility. Abandoned drainage facilities may
be considered regulated wetlands by the director upon a review, under subsection (2)(g) of this section, of the
ecological functions and values of the site.
(d) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such
a case, the expanded area may be considered a regulated wetland by the director upon review, under subsection
(2)(g) of this section, of the ecological functions and values of the site.
(e) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts.
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(f) The director finds that limited ecological functions and values do not warrant application of the city’s wetland
regulations.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.250 Wetland categories and standard buffers.
(1) Wetlands are classified into the following categories:
(a) Category I wetlands meet one of the following criteria:
(i) Contain the presence of species or documented habitat recognized by state or federal agencies as
endangered, threatened, or potentially extirpated plant, fish, or animal species; or
(ii) Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions,
or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature
forested wetlands, groundwater exchange areas, significant habitat, or unique educational sites; or
(iii) Have three or more wetland classes, one of which is open water.
(b) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category
I wetlands, and meet one of the following criteria:
(i) Are contiguous with water bodies or tributaries to water bodies which under normal circumstances
contain or support a fish population, including streams where flow is intermittent; or
(ii) Are greater than one acre in size in their entirety; or
(iii) Are less than or equal to one acre in size in their entirety and have two or more wetland classes, with
neither class dominated by nonnative invasive species.
(c) Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of
Category I or II wetlands.
(2) Standard buffer widths for regulated wetlands are established as follows:
(a) Category I wetlands shall have a standard buffer width of 200 feet.
(b) Category II wetlands shall have a standard buffer width of 100 feet.
(c) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000
square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000
square feet in area.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.260 Structures, improvements, and clearing and grading within regulated wetlands.
(1) Generally. No clearing and grading may take place and no structure or improvement may be located in a regulated
wetland except as provided in this section.
(2) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park.
The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse
effects or impacts of the access and to limit the access to the defined access area.
(3) Rehabilitation. The shoreline administrator may permit or require an applicant to rehabilitate and maintain a
regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that
native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or
habitat exists.
(4) Modification. Other than as specified in subsections (2) and (3) of this section, the city may approve any request to
locate an improvement or engage in clearing and grading within a regulated wetland using Process IV per Chapter
19.70 FWRC. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum
necessary encroachment. Approval of a request for improvements or clearing and grading within a regulated wetland
through Process IV of FWRC Title 19 shall be 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’s or buffer’s 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 in the area of the subject property nor to the city as
a whole, including the loss of open space.
(f) It will result in no net loss of wetland area, function, or value.
(g) The project is in the best interest of the public health, safety, or welfare.
(h) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project.
(i) The applicant is committed to monitoring the project and to making corrections if the project fails to meet
projected goals.
(5) Required information. As part of any request under this section, the applicant shall submit a report, prepared by a
qualified professional approved by the city, that includes the following information:
(a) Mitigation plan. A mitigation plan shall include the following elements:
(i) Environmental goals and objectives.
(ii) Performance standards.
(iii) Detailed construction plans.
(iv) Timing.
(v) Monitoring program for a minimum of five years.
(vi) Contingency plan.
(vii) Subject to the applicant’s election of timing alternatives provided in subsection (5)(d) of this section, a
performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation
plan or the contingency plan, whichever is greater.
(b) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation, or enhancement, within
the same basin, of in-kind wetland type which results in no net loss of wetland area, function or value. Where
feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland.
(c) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation, or
enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring
restoration, creation, or replacement and the second specifies the acreage of wetlands impacted.
Wetland Category
Creation and
Restoration Enhancement
Category I (all types) 6:1 12:1
Category II:
Forested 3:1 6:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category III:
Forested 2:1 4:1
Scrub/Shrub 1.5:1 3:1
Emergent 1.25:1 2.5:1
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The director may permit or require the above replacement ratios to be increased or decreased based on the
following criteria:
(i) Probable success of the proposed mitigation.
(ii) Projected losses in function or value.
(iii) Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss
of wetland function or value is attained under an alternative ratio.
(iv) In no case shall the minimum acreage replacement ratio be less than 1.25:1.
(d) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and
accepted by the shoreline administrator prior to beginning activities that will disturb regulated wetlands, or the
applicant shall provide the performance and maintenance bond specified in subsection (5)(a)(vii) of this section.
In either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the
director has reviewed and approved the mitigation plan. All wetland- or buffer-disturbing activities, and all
mitigation, shall be timed to reduce impacts to existing plants and animals.
(e) Inspections. The applicant shall pay for services of a qualified professional selected and retained by the city to
review the wetland mitigation report and other relevant information, conduct periodic inspections, issue a written
report to the shoreline administrator stating that the project complies with requirements of the mitigation plan,
and to conduct and report to the director on the status of the monitoring program.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.270 Structures, improvements, and clearing and grading within regulated wetland buffers.
(1) Generally. Except as allowed in this section, no clearing and grading may take place and no structure or
improvement may be located within a regulated wetland buffer.
(2) Wetland buffer averaging. Wetland buffers may be averaged only when the wetland or the buffer which is
proposed to be reduced contains habitat types which have been so permanently impacted that reduced buffers do not
pose a detriment to the existing or expected habitat functions. Through Process III per Chapter 19.65 FWRC, the
applicant must demonstrate to the satisfaction of the shoreline administrator that the proposed buffer averaging will
meet all of the following criteria:
(a) Reduced buffers will not affect the water quality entering a wetland or stream;
(b) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the
buffer;
(c) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and
(d) Reduced buffers will not be detrimental to any other public or private properties, including the loss of open
space.
At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer width, unless the
buffer, in existing conditions, has already been permanently eliminated by previous, legally permitted actions. The
total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions.
(3) Essential public facilities, public utilities, and other public improvements. The shoreline administrator may permit
the placement of an essential public facility, public utility, or other public improvements in a regulated wetland buffer
if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location
exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into
the buffer must constitute the minimum necessary encroachment to meet the requirements of the public facility or
utility.
(4) Minor improvements. Minor improvements such as footbridges, walkways, and benches may be located within the
buffer from a regulated wetland if approved through Process III per Chapter 19.65 FWRC, based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of the wetland’s or buffer’s wildlife habitat;
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(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards; and
(e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as
a whole.
(5) Wetland buffer reduction. Through Process III per Chapter 19.65 FWRC, the shoreline administrator may reduce
the standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case basis, if the
project includes a buffer enhancement plan which utilizes appropriate native vegetation and clearly substantiates that
an enhanced buffer will improve and provide additional protection of wetland functions and values, and where one of
the following conditions can be demonstrated:
(a) Existing conditions are such that the required standard buffer exists in a permanently altered state (e.g.,
roadways, paved parking lots, permanent structures, etc.) which does not provide any buffer function, then the
buffer can be reduced for that portion where the intrusions are existing.
(b) Except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted
by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance
of nonnative invasive species.
The director shall have the authority to determine if buffer averaging is warranted on the subject property and, if so,
may require additional buffer area on other portions of the perimeter of the sensitive area.
(6) Modification. Other than as specified in subsections (2) and (3) of this section, the city may approve any request to
locate an improvement or engage in clearing and grading within the buffer from a regulated wetland through Process
IV per Chapter 19.70 FWRC, based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of the wetland’s or buffer’s 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; and
(e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as
a whole, including the loss of open space.
Any modification under this subsection shall not reduce the standard buffer by more than 50 percent, and in no case
shall the remaining buffer be less than 25 feet. The city may require, as a condition to any modification granted under
this subsection, preparation and implementation of a wetland buffer enhancement plan to protect wetland and buffer
functions and values.
(7) Revegetation. The applicant shall stabilize all areas left exposed after clearing and grading with native vegetation
normally associated with the buffer.
(8) Wetland buffer increases. The director shall require increased environmentally sensitive area buffer widths on a
case-by-case basis when the director determines that a larger buffer is necessary to protect environmentally sensitive
area 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 environmentally
sensitive area functions and values, or protection of public health, safety, and welfare. Such determination shall be
attached as permit conditions. The determination shall demonstrate that at least one of the following factors is met:
(a) There is habitat for species listed as threatened or endangered by state or federal agencies present within the
sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional habitat;
(b) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which
over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such
circumstances, the city may choose to impose those buffers, if any, associated with the condition or feature
posing the threat in addition to, or to a maximum beyond, the buffer required for the subject sensitive area.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Article VII. Critical Aquifer Recharge Areas and Wellhead Protection Areas
15.10.280 Limitations.
This division regulates any development activity, or division of land, which requires review under FWRC Title 14,
Environmental Policy, and which is located within designated wellhead capture zones. Wellhead Capture Zones 1, 2,
and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter
36.70A RCW) and are established based on proximity to and travel time of groundwater to the city’s public water
source wells. This division shall not apply to projects that have received a letter of completeness prior to the effective
date of the amendments.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.290 Classification of wellhead capture zones.
The Lakehaven utility district (LUD) has designated three wellhead capture zones based on proximity to and travel
time of groundwater to the city’s public water source wells.
(1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-of-travel zone of any public water
source well owned by LUD.
(2) Wellhead Capture Zone 2 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 Wellhead Capture Zone 1.
(3) Wellhead Capture Zone 3 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 Wellhead Capture Zone 1 or 2.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.300 General requirements.
(1) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if the applicant can
show that the proposed activity will not cause contaminants to enter the aquifer.
(2) The city shall impose development conditions to prevent degradation of the critical aquifer recharge and wellhead
protection areas. All conditions to permits shall be based on known, available, and reasonable methods of prevention,
control, and treatment (AKART).
(3) The proposed activity must comply with the water source protection requirements and recommendations of the
federal Environmental Protection Agency, state Department of Ecology, state Department of Health, and the King
County health department.
(4) The proposed activity must be designed and constructed in accordance with the King County surface water design
manual (KCSWDM), the Federal Way addendum to the KCSWDM, and the King County stormwater pollution
control manual (BMP manual).
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.310 Prohibited activities in Wellhead Capture Zone 1.
(1) Land uses or activities for development that pose a significant hazard to the city’s groundwater resources resulting
from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious
substances shall be prohibited in Wellhead Capture Zone 1, except as specified in FWRC 19.30.170. These land uses
and activities include, but are not limited to:
(a) On-site community sewage disposal systems as defined in Chapter 248-272 WAC;
(b) Hazardous liquid pipelines as defined in Chapter 81.88 RCW;
(c) Solid waste landfills;
(d) Solid waste transfer stations;
(e) Liquid petroleum refining, reprocessing, and storage;
(f) The storage or distribution of gasoline treated with the additive MTBE;
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(g) Hazardous waste treatment, storage, and disposal facilities (except those defined under permit by rule for
industrial wastewater treatment processes per WAC 173-303-802(5)(c));
(h) Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics and resins,
pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;
(i) Dry cleaning establishments using the solvent perchloroethylene;
(j) Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and nonferrous
metals from molten materials;
(k) Wood treatment facilities, including wood preserving and wood products preserving;
(l) Mobile fleet fueling operations;
(m) Mining (metal, sand, and gravel); and
(n) Other land uses and activities that the city determines would pose a significant groundwater hazard to the
city’s groundwater supply.
(2) The uses listed in subsection (1) of this section represent the state of present knowledge and most common
description of said uses. As other polluting uses are discovered, or other terms of description become necessary, they
will be added to the list of uses prohibited within this zone.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.320 Regulation of facilities handling and storing hazardous materials.
(1) Any development activity or division of land which requires review under FWRC Title 14, Environmental Policy,
located in critical aquifer recharge areas (Wellhead Capture Zones 1, 2, and 3), shall submit a hazardous materials
inventory statement with a development permit application. Ongoing operation and maintenance activities of public
wells by public water providers are exempt from these requirements.
(2) The development review committee will review the hazardous materials inventory statement along with the land
use application, to determine whether hazardous materials meeting the definition of Chapter 19.05 FWRC will be
used, stored, transported, or disposed of in connection with the proposed activity. The development review committee
shall make the following determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any potential
impact, and documentation is provided to demonstrate compliance.
(c) Hazardous materials are involved and the proposal has the potential to significantly impact critical aquifer
recharge areas and wellhead capture zones; however, sufficient information is not available to evaluate the
potential impact of contamination. The city may require a hydrogeologic critical area assessment report to be
prepared by a qualified groundwater scientist in order to determine the potential impacts of contamination on the
aquifer. The report shall include the following site- and proposal-related information, at a minimum:
(i) Information regarding geologic and hydrogeologic characteristics of the site, including the surface
location of the wellhead capture zone in which it is located and the type of infiltration of the site.
(ii) Groundwater depth, flow direction, and gradient.
(iii) Location of other critical areas, including surface waters, within 200 feet of the site.
(iv) Best management practices (BMPs) and integrated pest management (IPM) proposed to be used,
including:
(A) Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features;
(B) Predictive evaluation of contaminant transport based on potential releases to groundwater; and
(C) Predictive evaluation of changes in the infiltration/recharge rate.
(3) A spill containment and response plan may be required to identify equipment and/or structures that could fail, and
shall include provisions for inspection as required by the applicable state regulations.
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(4) A groundwater monitoring plan may be required to monitor quality and quantity of groundwater, surface water
runoff, and/or site soils. The city may require the owner of a facility to install one or more groundwater monitoring
wells to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring
shall include, but not be limited to, the proximity of the facility to production or monitoring wells, the type and
quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels.
(5) The city may employ an outside consultant at the applicant’s expense for third-party review of the hydrogeologic
critical area assessment report, the spill containment and response plan, and the groundwater monitoring plan.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.330 Performance standards.
(1) Any new or existing use applying for a development permit, or subdivision approval which requires review under
FWRC Title 14, Environmental Policy, within Wellhead Capture Zone 1, which involves storing, handling, treating,
using, producing, recycling, or disposing of hazardous materials or other deleterious substances meeting the definition
of Chapter 19.05 FWRC shall comply with the following standards:
(a) Secondary containment.
(i) The owner or operator of any facility or activity shall provide secondary containment for hazardous
materials or other deleterious substances in quantities specified in the International Fire Code.
(ii) Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of
Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are exempt from the
secondary containment requirements of this section; provided, that documentation is provided to
demonstrate compliance with those regulations.
(b) Design and construction of new stormwater infiltration systems must address site-specific risks of releases
posed by all hazardous materials on site. These risks may be mitigated by physical design means, or equivalent
best management practices, in accordance with an approved hazardous materials management plan. Design and
construction of said stormwater infiltration systems shall also be in accordance with the KCSWDM, as amended
by the city of Federal Way, and shall be certified for compliance with the requirements of this section by a
professional engineer or engineering geologist registered in the state of Washington.
(c) The following standards shall apply to construction activities occurring where construction vehicles will be
refueled on site, and/or hazardous materials meeting the definition of Chapter 19.05 FWRC will be stored,
dispensed, used, or handled on the construction site. As part of the city’s project permitting process, the city may
require any or all of the following items:
(i) Detailed monitoring and construction standards;
(ii) Designation of a person on site during operating hours who is responsible for supervising the use,
storage, and handling of hazardous materials, and who has appropriate knowledge and training to take
mitigating actions necessary in the event of a fire or spill;
(iii) Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided
with secondary containment adequate to contain the maximum release from the largest volume container of
hazardous materials stored at the construction site;
(iv) Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are
inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles,
or other techniques may be used to preclude access;
(v) Practices and procedures to ensure that construction vehicles and stationary equipment that are found to
be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately, or repaired
on site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely
contained;
(vi) Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids
from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or
stationary equipment on the construction site are in accordance with the International Fire Code; and
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(vii) Practices and procedures, and/or on-site materials, adequate to ensure the immediate containment and
clean-up of any release of hazardous substances stored at the construction site. On-site clean-up materials
may suffice for smaller spills, whereas clean-up of larger spills may require a subcontract with a qualified
clean-up contractor. Releases shall immediately be contained, cleaned up, and reported according to state
requirements.
(2) Any development activity, or division of land, which requires review under FWRC Title 14, Environmental Policy,
within all wellhead capture zones (1, 2, and 3), which involves storing, handling, treating, using, producing, recycling,
or disposing of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FWRC
shall comply with the following standards:
(a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a
containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils,
lubricants, and other automotive fluids into the soil, surface water, or groundwater. Appropriate emergency
response equipment shall be kept on site during the transfer, handling, treatment, use, production, recycling, or
disposal of hazardous materials or other deleterious substances.
(b) Secondary containment or equivalent best management practices, as approved by the director of community
development services, shall be required at loading and unloading areas that store, handle, treat, use, produce,
recycle, or dispose of hazardous materials, or other deleterious substances, meeting the definition of Chapter
19.05 FWRC.
(c) Fill material shall not contain concentrations of contaminants that exceed clean-up standards for soil as
specified in the Model Toxics Control Act (MTCA). An imported fill source statement is required for all projects
where more than 100 cubic yards of fill will be imported to a site. The city may require analytical results to
demonstrate that fill materials do not exceed clean-up standards. The imported fill source statement shall include:
(i) Source location of imported fill;
(ii) Previous land uses of the source location; and
(iii) Whether or not fill to be imported is native soil.
(d) All development or redevelopment shall implement best management practices (BMPs) for water quality and
quantity, as approved by the director of community development services. Such practices include biofiltration
swales and use of oil-water separators, BMPs appropriate to the particular use proposed, cluster development,
and limited impervious surfaces.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.10.340 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead
protection areas.
Proposed developments with maintained landscaped areas greater than 10,000 square feet in area which require review
under FWRC Title 14, Environmental Policy, shall prepare an operations and management manual using best
management practices (BMPs) and integrated pest management (IPM) for fertilizer and pesticide/herbicide
applications. The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns
and gardens to protect groundwater quality.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.